gemara says mazid is pshita hes a bar ketala. so rava says omer muter ..abbaya says omer muter is ones? so what is abaya excluding from the posek at the end of the day
yaakov gross, lawrence ny
Shalom Rav,
I must admit that your question initially had me stumped, which explains my delay in answering. Meanwhile, I discovered an answer in the Otzar Meforshei ha'Talmud, which cites Tosfos on Daf 9a (DH v'Rav Chisda). Tosfos explains there that even the opinion that holds that "Omer Mutar" is Ones will agree that when the Beraisa says "'bi'Shegagah' -- Prat l'Meizid," it refers to "Omer Mutar," which it calls "Meizid" because the murderer did, in fact, kill with intent.
As for Abaye's objection, it is not a Halachic one, but rather one based on the fact that the Tana classifies "Omer Mutar" as "Meizid" (notwithstanding the reason we just gave to justify it). By calling it Meizid, he maintains, it would permit the Go'el ha'Dam to kill the Rotze'ach. But, considering that he is actually an Ones, this is not the case. In fact, this is the point over which Abaye and Rava argue.
Kol Tuv,
Eliezer Chrysler