More Discussions for this daf
1. v'Nashal or v'Nishal? 2. Galus 3. Euthanasia
4. Hillel and Shammai 5. Abaye's question 6. Next of Kin for Go'el ha'Dam
7. Derech Yeridah 8. Shogeg 9. Yesh Eim la'Mikra
10. bi'Shegagah Prat l'Meizid 11. Killer courts 12. Mezid
13. Who does not go to the Ir Miklat 14. pelach 15. Machlokes of R'Yochanan and R'Abahu
16. Machlokes Rebbi Avahu & Rav Yochanan 17. "Tree" in the Pasuk 18. Cities of refuge - Roller on roof
DAF DISCUSSIONS - MAKOS 7

Gad asked:

The torah uses the phrase "bfesa" to teach us that the murder has to be committed suddenly, without giving the vctim the time/opportunity to move out of the way. The gemara says that the word "bfesa" is coming to exclude the case of keren zavis, where a person is turning the corner with a knife in his hand and "accidentally" kills the person coming from the other direction. There is a machlokes between the Ritva and the Rambam as to why the murderer in the case of keren zavis doesn't go to the ir miklat. The ritva says that the murderer doesnt go to ir miklat because the victim got to the intersection first and therefore had the opportunity to see the murderer coming his way and should have gotten out of the way. The Ritva puts the blame on the victim and characterizes this case as korov l'ones and essentially characterizes what happened as a complete accident and therefore the murderer does not go to IR Miklat and does not have to worry about the goel hadam.

According to the Rambam, the murderer was "grosly negligent" in carrying a knife blindly while turning the corner. (regardless of who got there first). He most certainly should have considered the fact that another person (people)could have been coming from the other direction. Rambam puts the blame on the murderer and classifies what happened as a korov l'mezid. In such a case, the murderer does not go to IR miklat but he does have to constatntly be on the run out of fear from the goel hadam.

It would seem that according to both the Ritva and the Rambam even if this case of keren zavis had been "bfesa" the murderer would still not go to golus. Therefore (finally) why would the gemara say that "bfesa" is coming to exclude keren zavis if even if the murder in that case did take place "bfesa" the murderer would not go to Ir Miklat for the reasons stated above. ?

Please let me know.

Question, NY,USA

The Kollel replies:

As far as I know, there is no Pasuk for "Karov l'Ones" or "Karov l'Ratzon." The Rishonim use this as a rationale for other Halachos, such as the condition of "Derech Yeridah." The rule of "Karov l'Ones" and "Karov l'Ratzon" is deduced from the sum of all the Halachos of which Rotze'ach is Chayav Galus.

D. Zupnik