1)

"Makeh Nefersh" implies even a Nefel who is going to die and an eighth-month baby. Does this mean that one is Chayav Misah for killing a Nefel?

1.

Sanhedrin, 84b: That is why the Torah writes in Mishpatim, Sh'mos, 21:12 "Makeh Ish va'Meis Mos Yumas", to preclude someone who kills a Nefel. 1


1

Refer also to Sh'mos, 21:12:1:1.The quesion remains however, as to why the Torah wrote here "Makeh Nefesh".

2)

How is the murderer put to death?

1.

Yerushalmi Sanhedrin, 6:3: We learn via a Gezeirah Shavah 'Nekimah' (Sh'mos, 21:20) 'Nekimah' (Vayikra, 26:25) 1 that a murderer is killed by the sword (Hereg) - irrespesctive of how he skilled his victim.


1

Refer to Vayikra, 26:25:2:3 and note.

3)

Who actually puts the murderer to death?

1.

Targum Yonasan: Either the Go'el ha'Dam (the next of kin of the victim) or Beis-Din


1

See Na'ar Yonasan. Refer also to 35:19:3:2 and note 1.

4)

Having stated "Kol Makeh Nefesh L'fi Eidim (plural) Yirtzach es ha'Rotze'ach", why does the Torah need to insert "ve'Eid Echad Lo Ya'aneh ... "?

1.

Sanhedrin, 33b: To teach us that one witness is not believed, irrespective of whether he comes to declare the accused innocent or guilty.

2.

Sanhedrin, 34a #1: To teach us that the witnesses are not permitted to raise a point - even in favor of the accused. 1

3.

Sanhedrin, 34a #2: To teach us that if one of the Talmidim wants to raise a point against the accused, he is not permitted to do so - "Echad Lo Ya'aneh be'Nefesh la'Mus". 2


1

See Torah Temimah, note 69.

2

Implying that if he wants to raise a point in favor of the accused, he may do so.

5)

The Gemara in Sotah, 2a learns from "Lo Yakum Eid Echad be'Ish" (Shoftim Devarim, 19:15), that elsewhere, "Eid" refers to two witnesses. Why don't we learn from a Binyan Av, that it always means one witness? Moreover, we could learn that it means one witness from the current Pasuk "ve'Eid Echad Lo Ya'aneh", from "Lo Yamus al-Pi Eid Echad" (Shoftim Devarim, 17:6) and from "Lo Sa'aneh Eid Shaker" (Yisro Sh'mos, 20:13)

1.

Refer to 5:13:153:1 & 2 and note.

Sefer: Perek: Pasuk:
Month: Day: Year:
Month: Day: Year:

KIH Logo
D.A.F. Home Page
Sponsorships & DonationsReaders' FeedbackMailing ListsTalmud ArchivesAsk the KollelDafyomi WeblinksDafyomi CalendarOther Yomi calendars