good day people - hope all is going well with all. To my questions:
1. what is meant by next of kin - To what level of closeness to the victim does the right to kill the killer go?
2. who has the 'right' to take revenge - do all family members have the right or do they choose one to do it?
3. what is the definition of 'zekan' what determines such?
Neil
1. The Rambam (Hilchos Rotsai'ach 1:2) writes that anyone who would inherit the person killed is considered a Go'el ha'Dam. This means that if the person who was killed had a son he would be the Go'el ha'Dam, followed by any offspring of the son. Failing this, daughters, followed by any of her offspring, and then his father and any of his offspring (i.e. brothers and then sisters of the killed person). If none of these were applicable, we would then move up a generation to his grandfather, and his offspring and descendants. This process is repeated until we find a Go'el ha'Dam.
2. I have not found anyone who discusses this explicitly, but one may presume that all family members of the closest connection, i.e. all those who receive a share of the inheritance, would be considered Goel ha'Dam and any one of them, or all of them may take the responsibility upon themselves.
3. I presume you refer to Zaken on 10b. The Si'ach Yitzchak understands that we need a Beis Din of twenty-three. The Merkeves ha'Mishnah, however, asserts that a Beis Din of three is sufficient. The Aruch ha'Shulchan (CM 425:56), however, is of the opinion that what is required in this instance is elderly and respected people.
Best wishes,
Dov Freedman
Kollel Iyun Hadaf