brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
1. If someone hits his friend and wounds him, and the damage amounted to less than the value of a Perutah - the hitter is Chayav Malkus.
2. If a Nochri kills either a fellow Nochri or a Yisrael, even b'Shogeg, he is Chayav Misah.
3. If a Ger Toshav kills a Yisrael b'Shogeg, he is Chayav Misah. If he kills his fellow Ger Toshav b'Shogeg, he is Chayav Galus.
4. A Ger Toshav thought he was killing an animal or a Kena'ani, but it turned out that he killed his fellow Ger Toshav. Rava maintains that he is Chayav Misah.
5. A Nochri is Chayav Misah for sinning, due to his failure to learn the Mitzvos that apply to him.
6. If someone kills a person who he hates b'Shogeg, there is a disagreement if he is Chayav Galus.
7. Rebbi Yosi b'Rebbi Yehudah teaches that a Talmid Chacham is Chayav Misah even without Hasra'ah.
8. The three cities of refuge in Ever ha'Yarden did not serve as a refuge until the other three cities in Eretz Yisrael were selected.
9. Two Talmidei Chachamim accompanied the murderer while he traveled to a city of refuge.
10. Rebbi Yosi b'Rebbi Yehudah says that all murderers (intentional or not) exiled themselves to the cities of refuge until they were called to appear before Beis Din for justice.
A BIT MORE
1. However, if the value of the damage of the wound is more than a Perutah, the perpetrator must pay the victim for the damage and he is not punished with Malkus.
2. A Nochri who transgresses one of the seven Mitzvos Bnei Noach is Chayav Misah even if he transgresses b'Shogeg.
3. Rav Chisda maintains that a Ger Toshav is Chayav Galus if he kills his fellow Ger Toshav b'Shogeg on the way down. If he kills him on the way up, he is Chayav Misah. Rava maintains that he is not Chayav Misah for killing him on the way up, but he is Chayav Misah for thinking it was permitted to kill his fellow Ger Toshav.
4. Since he should have investigated more closely before he acted, his act is considered one of negligence and is close to being Mezid.
5. Avimelech was Chayav Misah because he acted without Derech Eretz. The first question he asked Avraham Avinu was whether Sarah was his sister, instead of asking him first if he needed food or drink.
6. The Tana Kama maintains that he is not Chayav Galus, while Rebbi Yosi maintains that he is Chayav Misah. Rebbi Shimon says that if he killed him in such a way that it is obvious that it was done b'Shogeg, such as the pulley snapped and broke, he is Chayav Galus. Otherwise he is exempt.
7. According to Rebbi Yosi bar Yehudah, the reason for Hasra'ah is to ascertain that the perpetrator acted b'Mezid. A Talmid Chacham is certainly a Mezid, because he knows the law, and therefore no Hasra'ah is necessary. A Sonei (someone who hates the victim) is also Chayav Misah without Hasra'ah, since we are certain that he killed b'Mezid.
8. Many more people lived in Eretz Yisrael than in Ever ha'Yarden. However, murder was common in Gil'ad which was in Ever ha'Yarden. Therefore, it was necessary to have three cities of refuge there.
9. The Talmidei Chachamim accompanied him in order to use their powers of persuasion to convince the relatives of the victim to spare his life. Rebbi Meir says that the murderer would speak for himself.
10. If Beis Din determined that he was Mezid, he was put to death. If he was Shogeg, he was sent back to the city of refuge.
Next Daf Index to Revach for Maseches Makos