What does the Torah mean when it says "va'Asher Lo Tzadah"?
Rashi #1 (citing Menachem ben S'ruk): "Lo Tzadah" means that he did not set out to trap the victim. 1
Rashi #2 (citing the Sifri), Rashbam and Targum Onkelos: It means that he did not lie in wait for him. 2
Rashi #3 (in Makos, 7b): He did not intend to throw 'the stone' close to him ('be'Tzido'), but to where he actually threw it, only he did not know that someone happened to be standing there.
Kol Eliyahu: Refer to 21:13:2:3.
Makos, 7b: It comes to preclude where Reuven meant to throw an object two Amos, and it inadvertenlt traveled four Amos and struck Shimon and killed him.
As in Bereishis 27:23. See Rashi's objection to this explanation.
As in Sh'muel 1, 24:12 (Rashi and Rashbam).
What are the implications of "ve'ha'Elokim Inah le'Yado"?
Rashi, Moshav Zekenim, Targum Onkelos and Targum Yonasan: It means that Hashem caused it to happen 1 to him 2 (and an example of thiis is where Reuven and Shimon both killed someone, but without witnesses - Reuven be'Shogeg and Shimon on purpose. What did Hakadosh-Baruch-Hu do? He brought them both to the same inn and caused Reuven to climb a ladder underneath which Shimon was resting, and he slipped and fell on Reuven and killed him. This time there were witnesses, and it transpires that Shimon received the death-penalty and Shimon had to run to an Ir Miklat - each according to his desert. (Another example is where Reuven saw Shimon lose a wallet, Levi found it, but Shimon, thinking that Yehudah took it, killed him (Yehudah). In fact, Shimon had stolen it from Levi, who found his own wallet. Yehudah had previously killed Shimon's father, and it now transpires that Shimon avenged his father -Moshav Zekenim).
Kol Eliyahu: There are two kinds of Shogeg; a. One who killed while chopping wood, he could have looked that no one is around - this falls under the category of "Lo Tzadah". b. One who was ascending a ladder and a rung fell, he could not guard from this 3 - ve'ha'Elokim Inah le'Yado. One who killed the former way without witnesses, Hashem causes that he kill the latter way in front of witnesses.
In spite of the fact that he did not plan to kill him (Rashbam).
As in Tehilim, 91:10, and in Mishlei, 12:21 (Rashi).
One is is exempt from Galus (Bava Kama 32b). If so, why does Beis Din exile him now? Refer to 21:13:152:4 and the note there.
Seeing as Reuven had no intention of killing Shimon, why did Hashem bring about Shimon's death through hi?
Rashi and Seforno: Because the victim was Chayav Misah bi'Yedei Shamayim, and Hashem brings about punishment 1 through a guilty person. 2
Kol Eliyahu: Refer to 21:13:2:3.
Seforno: As the Pasuk writes in Mishlei, 16:4.
Rashi: As the Pasuk writes in Shmuel 1 24:13, with reference to the 'Mashal ofHakadosh-Baruch-Hu, who preceded the world' the current Pasuk 'From the wicked there goes out evil'. The Mashal is that of Reuven who murdered deliberately, and Shimon, inadvertently, both without witnesses, and who subsequently stayed at the same inn. It so happened that Shimon, who was descending a ladder underneath which Reuven was sleeping, slipped, landed on Reuven and killed him. But this time there witnesses, upon whose testimony Beis-Din sentenced him to exile in the Ir Miklat. It turns out that Reuven was killed, like he deserved (See Sifsei Chachamim), and Shimon - the murderer to whom the current Pasuk is referring - was exiled to the Ir Miklat after all.
What is the point of fleeing to the Ir Miklat?
Seforno: Because exile atones for his sin. 1
The Pesukim imply that it is lest the Go'el ha'Dam kills the murderer! (PF)
Makos (11b) says that death of the Kohen Gadol atones, and not exile! (PF)
What is the significance of the word "Vesamti L'cha (and not 'Lo') Makom"?
Rashi and Seforno 1 (on Pasuk 14): With reference to the residence of Moshe Rabeinu, 2 Hashem is designating a place of refuge for murderers, there in the desert "L'cha", 'be'Chayecha' - Makos, 12:b) - in Machaneh Leviyah. 3
Rashbam: The Pasuk is speaking in he future 4 - with reference to when Yisrael will have towns in which to reside.
Refer to 21:14:2:1*.
See Oznayim la'Torah, that this hints at Moshe himself, who fled to Midyan after killing the Egyptian.
Mechilta: Based on a Gezeirah Shavah ('Manos' 'Manos') from Masei Bamidbar 35, we learn that just as there, the Arei Miklat consisted of towns of the Levi'im, so too , here in the desert.
The Rashbam, explains that the current Pesukim are discussing the punishments of some of the Aseres ha'Dibros [or correlated Mitzvos]... "Lo Sirtzach" - Pesukim 13, 14; "Kabeid es Avicha" - Pesukim 15, 17 and "Lo Signov" - Pasuk 16.
QUESTIONS ON RASHI
Rashi writes that one, who killed b'Shogeg without witnesses, was ascending a ladder... and now witnesses obligate him exile Exile is only if he killed while descending!
Moshav Zekenim: He ascended a ladder, and when he descended, he fell and killed him.
Hadar Zekenim: Rashi was not precise. He means that he was descending.
Makos 7b: If the ladder is wormy or the rungs are loose, this is like descending [for when he steps on a rung, it descends a little].
Rashi writes that Shimon, who killed b'Shogeg without witnesses, now fell and killed in front of witnesses, and is exiled. He should be exiled twice!
Moshav Zekenim #1, Hadar Zekenim, Riva: He should not be exiled for the latter, for the latter was Chayav Misah; it is as if he was already dead. 1
Moshav Zekenim #2: The first was not known. (Since witnesses did not see it, he is not Chayav Galus for it - PF.)
Hadar Zekenim citing MHR"RISH: One exile atones for killing many people b'Shogeg. When the Kohen Gadol dies, he is exempt for all of them,
Chomas Anach (Mishpatim 7): He is exempt 2 for the latter, for it was Ones bi'Ydei Shamayim - "veha'Elokim Inah l'Yado" (refer to 21:13:2:3).
Ramaz (in Tosfos ha'Shalem 1, footnote 5): He is not considered dead until Beis Din ruled about him! There was no verdict here, for there was no testimony! (Perhaps they means that it is proper not to be exiled for the latter, for the latter deserved to die. How is one exiled twice? We can say that after the Kohen Gadol died, he is exiled again - PF.)
If so, why does Beis Din exile him now? Does he mean that Beis Din not realize that it was Ones, and mistakenly exile him?! Or, if one kills b'Ones bi'Ydei Shamayim, we know that previously he killed b'Shogeg, therefore we exile him now?! (PF)
Rashi writes that Reuven, who killed b'Mezid... Shimon fell on him and killed him, like he deserved, This is like stoning; a murderer should be killed via a sword!
Moshav Zekenim, Riva, Hadar Zekenim: We can say that he was holding a knife, and killed Reuven through the sword.
Chomas Anach (Mishpatim 7): Stoning bi'Ydei Shamayim is equal to the swrod through Beis Din. 1
I.e. because he did not suffer the shame of conviction. Or, it is because Beis Din kills on the day of conviction, and Reuven lived longer, until Shimon fell on him. (PF)
