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MAKOS 8
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SUMMARY

1. A person throws a clump of dirt at a tree. The clump of dirt dislodges dates, which then fall on someone and kill him. Rebbi and the Rabanan disagree as to whether he is Chayav Galus.
 
2. If a person knocks down a wall into a public domain, thereby killing someone, it is considered negligence. He is therefore Patur from Galus.
 
3. Someone topples a wall onto a garbage heap and kills someone who was sitting there. If the garbage heap is sometimes used as a lavatory, and the wall is toppled during the day, the perpetrator is Chayav Galus.
 
4. A person throws a rock in a public domain. After the rock leaves his hand, someone sticks out his head and is killed. Rebbi Eliezer Ben Yakov says, the thrower is not Chayav Galus.
 
5. If a Rav, or a father, kills his student, or son, while hitting him for the purpose of Chinuch - he is Patur from Galus.
 
6. Some of the Mitzvos of Shemitah also apply prior to Shemitah, and during the harvest following Shemitah.
 
7. Rebbi Yishmael says that it is permitted to harvest barley for the Minchas Omer even on Shabbos.
 
8. A father hits his son, not for the purpose of a Mitzvah. If he kills him b'Shogeg he is Chayav Galus.
 
9. Rebbi Kahana says, if a son kills his father b'Shogeg there is a disagreement between Rebbi Shimon and the Rabanan as to whether he is Chayav Galus.
 
10. A slave, or a Kusi, who kills a Yisrael b'Shogeg is Chayav Galus.

A BIT MORE

1. Rebbi maintains he is Chayav Galus because it is similar to the case of a splinter flying out from a tree. The Rabanan say he is exempt from Galus. However, if the clump of dirt first hits a branch which dislodges a date which falls and kills someone, he is exempt even according to Rebbi, because it is Ko'ach Kocho.
 
2. Since he is close to being a Mezid, there is no Chiyuv Galus.
 
3. When the garbage dump is regularly used at night and only occasionally during the day, he is Chayav Galus if he knocks down the wall during the day.
 
4. The verse teaches that there is a Chiyuv Galus only if the victim is already in the area at the time the rock was thrown.
 
5. It is a Mitzvah to discipline a son or a student, even through force, even when he is learning properly. Since it is a Mitzvah, there is no Chiyuv Galus for killing him b'Shogeg. Similarly, if a Shali'ach Beis Din accidentally kills a person while administering Malkus, he is exempt from Galus.
 
6. Rebbi Akiva derives from the verse that plowing on Erev Shemitah is forbidden if it is done for the purpose of the crops of Shemitah. If the crops of the Shemitah year grew to a third of their growth during Shemitah, when they are harvested on Motza'i Shemitah they must be treated with Kedushas Shemitah.
 
7. Rebbi Yishmael derives from the verse that harvesting done for a Mitzvah is permitted on Shabbos.
 
8. If a father hit his son in the process of teaching him a trade, and the son had already learned a trade, he is not considered as though he hit him for the sake of a Mitzvah, and he is Chayav Galus. However, if the son had not yet learned a trade, it is a Mitzvah for the father to teach him a trade.
 
9. A son who wounds his father without killing him is Chayav Chenek. A person who commits murder is Chayav Sayif. Rebbi Shimon maintains that Chenek is a more stringent punishment than Sayif. Therefore, a son who murders his father receives the more stringent punishment of Chenek. If he kills his father b'Shogeg, he is exempt from Galus, because Galus does not atone for a Chiyuv Chenek. According to the Rabanan who maintain that Sayif is more stringent that Chenek, a son who murders his father is punished with Sayif. If he kills his father b'Shogeg, the punishment of Galus atones for his sin.
 
10. If a Yisrael kills a servant or a Kusi, he is Chayav Galus. A Yisrael is exempt from Malkus for cursing a Kusi, since there is no Chiyuv Malkus for cursing someone who does not act in a proper manner.

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