WHEN DOES A GER TOSHAV GO TO GALUS?
Version #1 (Mishnah): (Anyone can get Galus for killing a Yisrael, and a Yisrael can get Galus for killing anyone,) except for a Ger Toshav...
Inference: A Ger Toshav (does not get or obligate Galus. Regarding Galus he) is like a Nochri.
Contradiction (Seifa): A Ger Toshav can get Galus for killing a Ger Toshav.
Answer (Rav Kahana): He is not exiled for killing a Yisrael, but he is exiled for killing a Ger Toshav.
Version #2 - Contradiction: It says "li'Vnei Yisrael vela'Ger.." (Arei Miklat are also for Gerei Toshav);
It says also "Lachem", but not for Gerei Toshav!
Answer (Rav Kahana): A Ger Toshav is not exiled for killing a Yisrael. He is exiled for killing a Ger Toshav. (end of Version #2)
Question (Beraisa): (Bnei Noach do not need warning for their Mitzvos.) Therefore, if a Nochri or Ger (Toshav) killed, he is killed.
The Beraisa equates a Ger Toshav to a Nochri. Just like a Nochri is killed whether or not he killed someone of his own status (another Nochri), also a Ger Toshav!
Answer #1 (Rav Chisda): If a Ger Toshav killed (a Ger Toshav) Derech Yeridah, for which a Yisrael is exiled, Galus suffices also for him;
If he killed Derech Aliyah, for which a Yisrael is exempt, he is killed.
Objection (Rava): A Kal va'Chomer refutes this!
A Yisrael is exiled for Derech Yeridah, and a Ger Toshav is not killed for this. A Yisrael is exempt for Derech Aliyah, and all the more so a Ger Toshav is not killed for this! (Note: Rav Chisda holds that a Derech Aliyah is close to Mezid, and he does not merit Galus. The Go'el ha'Dam (the closest relative of the victim) can kill him anywhere, at any time.)
Answer #2 (Rava): A Ger Toshav is killed for Omer Mutar (he thought that it is permitted).
Question (Abaye): Omer Mutar is Ones!
Answer (Rava): I say that it is close to Mezid.
(Rav Chisda did not establish the Beraisa as Rava did, for he holds like Abaye. Perhaps this forced him to hold that Derech Aliyah is close to Mezid.) Rav Chisda and Rava argued similarly elsewhere.
(Rava): If a Ger Toshav killed a person, thinking that he was an animal, or killed a Ger Toshav, thinking that he was a Nochri, he is Chayav (Misah). Omer Mutar is close to Mezid;
(Rav Chisda): He is exempt. Omer Mutar is Ones.
Question (Rava): "Hincha Mes Al ha'Ishah" (even though Avimelech did not know that Sarah was married).
Suggestion: He is Chayav Misas Beis Din!
Answer (Rav Chisda): No, he is Chayav Misah b'Yedei Shamayim (at the hands of Heaven).
Support: "Mi'Chato Li" (the sin would be punishable only by Hash-m).
Rejection: Yosef likewise told Potifar's wife "v'Chotasi l'Eilokim", even though adultery (b'Mezid) is punishable by Beis Din;
Also Avimelech's sin would have been punishable by Beis Din, even though he was Shogeg.
Question (Abaye): It says "ha'Goy Gam Tzadik Taharog"! (Because he was Shogeg, it is considered as if he did not sin, and Hash-m did not refute him!)
Answer (Rava): Hash-m refuted him!
Question: "Hashev Eshes ha'Ish Ki Navi Hu" - if her husband was not a Navi, would Avimelech be allowed to keep her?!
Answer (R. Shmuel bar Nachmani): "Hashev Eshes ha'Ish", in any case;
Regarding your claim to be a Tzadik (because Avraham said 'she is my sister'), "Ki Navi Hu" - Avraham learned from your people that it would be dangerous to say that she is his wife!
When a traveler comes to a city, people should ask him if he needs food or drink, and not about the status of the woman with him!
This teaches that a Nochri is (responsible and is) killed for not having learned.
EXEMPTIONS FROM GALUS
(Mishnah - R. Yehudah): A Suma (blind person) is not exiled;
R. Meir says, he is exiled
A Sonei (the murderer hated the victim) is not exiled;
R. Yosi says, he is killed, because it is as if he was warned;
R. Shimon says, sometimes he is killed, and sometimes not:
If we can say that he killed intentionally, he is killed. If he killed unintentionally, he is exiled.
(Gemara - Beraisa - R. Yehudah): "B'Lo Re'os" excludes a Suma;
R. Meir says, "b'Lo Re'os" includes a Suma.
Question: What is R. Yehudah's reason?
Answer: "Va'Asher Yavo Es Re'ehu va'Ya'ar" includes a Suma, so "b'Lo Re'os" excludes him.
R. Meir agrees, but he says that "bi'Vli Da'as" also excludes him. Two exclusions, one after the other, always come to include.
R. Yehudah holds that "bi'Vli Da'as" excludes one who intended.
(Mishnah - R. Yosi): A Sonei is killed...
Question: He was not warned!
Answer: He holds like R. Yosi b'Rebbi Yehudah, who says that a Chaver need not be warned, for warning is only to distinguish whether one is Shogeg or Mezid. (Similarly, we may assume that a Sonei was Mezid.)
(Mishnah - R. Shimon): Sometimes a Sonei is exiled...
(Beraisa #1): When does R. Shimon say that a Sonei is exiled? If the rope broke, he is exiled. If it slipped, he is not exiled.
Contradiction (Beraisa #2 - R. Shimon): He is exiled only if the Ma'agilah slipped from his hands.
This Beraisos argue about the rope breaking (Beraisa #1 obligates Galus, and Beraisa #2 exempts) and about slipping (Beraisa #1 exempts, and Beraisa #2 obligates)!
Answer - part 1: We can resolve breaking. Beraisa #1 discusses a Sonei, and Beraisa #2 discusses a friend;
Answer - part 2: We can resolve slipping. Beraisa #1 is like Rebbi (who exempts when the axe-blade slipped off), and Beraisa #2 is like Chachamim (who are Mechayev).
THE AREI MIKLAT
(Mishnah): Galus is in one of the Arei Miklat (refuge cities). There were three in Ever ha'Yarden, and three in Eretz Kena'an - "Es Shelosh he'Arim Titnu me'Ever la'Yarden v'Es Shelosh... b'Eretz Kena'an."
Until those in Eretz Kena'an were chosen, those in Ever ha'Yarden were not Kolet (absorb, i.e. to forbidden killing the murderer there, and to forbid him to leave before the Kohen Gadol dies). "Shesh Arei Miklat Tihyenah" teaches that if all six are not Kolet, none are.
We prepare roads between the cities and space them evenly - "Tachin Lecha ha'Derech v'Shilashta Es Gevul Artzecha."
We send two Chachamim with a murderer on his way to the Ir Miklat. They speak to the Go'el ha'Dam, lest he kill him on the way;
R. Meir says "Zeh Davar ha'Rotze'ach" - the murderer speaks for himself.
R. Yosi b'Rebbi Yehudah says, at first, whether he killed b'Shogeg or b'Mezid, he goes to an Ir Miklat. Beis Din sends for him to come to trial:
If the verdict is that he is Chayav Misah, they kill him. If not, they exempt him;
If he is Chayav Galus, they return him to his Ir Miklat - "v'Heshivo Oso ha'Edah El Ir Miklato..."
(Gemara - Beraisa): Moshe separated three cities in Ever ha'Yarden. Yehoshua separated three opposite (i.e. due west of) them in Eretz Kena'an, like two rows of vines in a vineyard;
Chevron in Yehudah was opposite Betzer in Midbar. Shechem in Har Efrayim was opposite Ramos in Gil'ad. Kadesh in Har Nafoli was opposite Golan in Bashan.
"V'Shilashta" teaches that they must be evenly spaced. The following distances were the same:
From the south (of Eretz Yisrael) to Chevron, from Chevron to Shechem, from Shechem to Kadesh, and from Kadesh to the north (of Eretz Yisrael).