1)

What are the implications of "be'Lo Re'os"?

1.

Makos, 9b: It implies that he is able to see - to preclude a blind person from Galus. 1

2.

Yerushalmi Makos, 2:5: It incorporates someone who killed at night-time in the Din of Galus. 2


1

See Torah Temimah, ote 46.

2

See Torah Temimah, ote 47.

2)

What are the implications of "va'Yapeil alav"?

1.

Rashi: It implies that he killed his victim by means of a downward stroke, 1 but if it occurred as a result of an upward stroke, he is Patur. 2


1

See Sifsei Chachamim.

2

Refer to 35:23:151:1 & 2 and note.

3)

Having already written in the previous Pasuk "be'Fesa be'Lo Eivah", why does the Torah insert the otherwise superfluous phrases "ve'Hu Lo Oyeiv lo" and "ve'Lo Mevakesh Ra'aso"?

1.

Sanhedrin, 29a: One, to disqualify a Dayan who hates one of the litigants from adjucating; 1 the other, to disqualify two Dayanim who hate each other, from sitting on the same Beis-Din. 2


1

And by the same token, we learn from "ve'Shaftu ha'Eidah" (in Pasuk 24) and from "ve'Hitzilu ha'Eidah" that Dayanei who are relatives of eitheer the murderer or the victim are disqualified from judging. See Torah Temimah, note 50.

2

See Torah Temimah, note 49.

4)

What is the status of a murderer who killed be'Shogeg with an upward stroke?

1.

Makos 9a #1 (according to Rav Chisda): An upward stroke is closer to Meizid, and the Go'el ha'Dam may therefore kill him anywhere.

2.

Makos 9a #2 (according to Rava - according to Tosfos DH 'Amar'): An upward stroke is closer to Oneis, and the Go'el ha'Dam is therefore not permitted to kill him. 1


1

Torah Temimah, note 48.

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