Questions tagged [maseches-makos]

Tractate concerning false witnesses, cities of refuge and implementing the courts punishment of lashes

Filter by
Sorted by
Tagged with
22 votes
5 answers
1k views

Did courts ever execute?

The laws of capital crimes elucidated in Sanhedrin and elsewhere make conviction very unlikely. Makkot 1:10 famously tells us that a court that executes once in seven years is considered "destructive",...
Monica Cellio's user avatar
13 votes
2 answers
186 views

If there's no Goel Hadam (ex: victim was a convert), does the accidental killer still need to go to an Ir Miklat?

Suppose Reuvein was accidentally killed by Shimon. It turns out that Reuvein is a ger who has no halachik relatives. Since Reuvein has no next-of-kin and thus no one who can kill Shimon- does Shimon ...
alicht's user avatar
  • 12.1k
11 votes
5 answers
2k views

Hitting your child as a disciplinary/educational measure - modern opinions

Shemos Rabbah (Shemos parsha 1) and a gemara in Makos (8a) both seem to indicate that physically striking a child/student is a positive thing to do in terms of discipline/education. My question is: ...
Gavriel's user avatar
  • 9,648
9 votes
1 answer
2k views

If a blood avenger somehow gets into a city of refuge and kills the killer, is he subject to the death penalty?

We know that a Goel haDam (blood avenger) has a special allowance to kill the rotzeach who accidentally killed his family member. The accidental rotzeach can avoid this fate by fleeing to an ir miklat,...
alicht's user avatar
  • 12.1k
9 votes
1 answer
128 views

Why would a third witness ever testify?

D'varim 17:6 tells us that "at the mouth of two witnesses, or three witnesses" a transgressor can be put to death. The mishna in Makkot 1:7 (and following) asks why it says "or three" if two is enough ...
Monica Cellio's user avatar
6 votes
3 answers
311 views

Sanhedrin/Makkot - One masechta?

I remember hearing that originally Sanhedrin and Makkot formed one masechta. This is also mentioned by Wikipedia (without citation) [Sanhedrin] originally formed one tractate with Makkot, which ...
Joel K's user avatar
  • 43k
6 votes
0 answers
110 views

How did accidental killers sustain themselves while living in the cities of refuge?

An accidental killer flees to one of the cities of refuge for an indeterminate time (until the death of the kohein gadol, or even longer if the timing is unfortunate). The cities of refuge are cities ...
Monica Cellio's user avatar
6 votes
1 answer
199 views

How does frequency of a Sanhedrin killing make sense in light of the concept of "Kippah"?

The mishnah on Makkos 7a states: סנהדרין ההורגת אחד בשבוע נקראת חובלנית רבי אליעזר בן עזריה אומר אחד לשבעים שנה רבי טרפון ורבי עקיבא אומרים אילו היינו בסנהדרין לא נהרג אדם מעולם רשב"ג אומר אף הן ...
alicht's user avatar
  • 12.1k
5 votes
3 answers
164 views

Is there a difference between מכות and מלקות?

The two terms seem to mean the same thing, both referring to lashes. Even in Mishnayos, they seem to be used interchangeably. For instance, in Makkos 1:2: מְעִידִין אָנוּ בְאִישׁ פְּלוֹנִי ...
DonielF's user avatar
  • 34.3k
5 votes
3 answers
153 views

Rishon who holds killing in an upward motion is more negligent

The Mishnah (Makkos 2:1) teaches that someone who kills inadvertently is sent to exile, if and only if they killed in a downward motion. If it was in an upward motion, there is no exile. Is this ...
robev's user avatar
  • 19.9k
5 votes
1 answer
282 views

How similar were Rabbinic mandated lashes to Torah mandated lashes?

There are many laws regarding the administering of lashes for a person who transgressed a Torah law that carried such a penalty. To name a few: 39 lashes are the maximum number of lashes given (...
alicht's user avatar
  • 12.1k
5 votes
1 answer
84 views

Exile the teacher also to the city of refuge?

In Makkot 10a, we learn that if a man is exiled to a city of refuge, his teacher must be exiled with him to continue to teach him Torah there: [The Sages] taught: [If] a student is exiled [to the ...
Maurice Mizrahi's user avatar
5 votes
2 answers
320 views

Arba Misos Beis Din- 1 Mitzvah or 4?

Tosfos on Makos 2a (Kol Hazomemin) brings a Tosefta which says that if you can't give someone their destined Arba Misos (meaning the one their Aveira warranted), you can give them a different one, ...
Bochur613's user avatar
  • 4,647
5 votes
0 answers
82 views

Doctor's mistake and homicide

The mishnah in Makkos (beginning of 2nd chapter) teaches that if the person inadvertently killed someone through performing a mitzvah, the murder is exempt from the punishment of exile, which I ...
gt6989b's user avatar
  • 3,047
4 votes
1 answer
341 views

Beged ishah for non-ervah purposes

The reason given for the issur of beged ishah/beged ish is because it's a "toeivah" before Hashem (Devarim 22:5). The Gemara (Nazir 59a) learns from this that the issur is only for a man to dress up ...
DonielF's user avatar
  • 34.3k
3 votes
1 answer
198 views

Can halacha of Eidim Zomemim be applied in today's times? (ex: $ cases)

Scenario: Reuven & Shimon are at the Beth Din of America in Manhattan and are testifying that Levi completely wrecked Yehuda's Manhattan apartment on March 17. Suddenly: Dan & Naftali come in ...
alicht's user avatar
  • 12.1k
3 votes
1 answer
304 views

How can Rashi (Makkos 5a) suggest that a murderer could escape the death penalty by admitting liability?

In Maseches Makkos 5a , Rashi D.H. מאי טעמא דבעידנא דקא מסהדי maintains that ואילו הוה אתי ומודה הוה מיפטר that the accused who stands to be executed by Beis Din could have got out of the punishment ...
Avrohom Yitzchok's user avatar
3 votes
2 answers
245 views

42 Levite Cities as Cities of Refuge

Bamidbar 35 discusses the cities that are to be given to the Leviem, and says that in addition to the 6 cities of refuge they are to be given 42 cities. Numbers 35:6 וְאֵ֣ת הֶֽעָרִ֗ים אֲשֶׁ֤ר ...
Solomon Light's user avatar
3 votes
1 answer
139 views

Fear of shmitta and 10 year loans

The Gemara Makkos 3b says: א"ר יהודה אמר שמואל המלוה את חבירו לעשר שנים אין שביעית משמטתו ואע"ג דאתי לידי לא יגוש השתא מיהא לא קרינן ביה לא יגוש If someone who makes a loan only payable in 10 ...
Yishai's user avatar
  • 31.9k
3 votes
3 answers
154 views

Why is it אלו הן הלוקין rather than אלו הן הנלקין?

Looking for an explanation as to why the פעל form is used rather than נפעל. Instead of “These are the ones who hit” I would’ve expected it to be “these are the ones who are hit.” One thought would be ...
SY Eisenberg's user avatar
3 votes
1 answer
152 views

How to understand Rashi's sudden reminder of the Beis Din shel Matto

Rashi in Makkos 4b comments on the words עדים זוממין אין צריכין התראה (false witnesses do not need fore warning to receive punishment), as follows: בכתובות אמרינן טעמא באלו נערות (דף לג.) נתרי בהו ...
Joshua Pearl's user avatar
  • 3,422
2 votes
1 answer
48 views

Please help me understand part of Gemoro Makkos 12b

I do not understand the Gemoro Makkos 12b The Gemoro deals with the case of a “blood redeemer” (BR) and an “accidental killer” (AK). A tree is on the border of the city of refuge; the trunk in one ...
Avrohom Yitzchok's user avatar
2 votes
1 answer
103 views

Does a beis din have reshus to punish a nochri?

According to Shulchan Aruch EH P22S2 ושמאי והלל גזרו על ייחוד כותית נמצא כל המתייחד עם אשה שאסור להתייחד עמה בין ישראלית בין כותית מכין את שניהם מכת מרדות This seems to suggest that the beis din ...
Avi Mosseri's user avatar
2 votes
0 answers
69 views

Murder by Machine

Say that Reuven is at the batting cages. After the machine turns off, Shimon flips it back on without Reuven knowing. A ball whacks Reuven in the head. Is Shimon liable for the resulting death? What ...
DonielF's user avatar
  • 34.3k
1 vote
1 answer
125 views

Is killing the terminally ill OK?

I would like to understand this passage in Makkot 7a: https://www.sefaria.org/Makkot.7b.4?lang=bi&with=Commentary&lang2=bi [The mishna teaches that] Rabbi Tarfon and Rabbi Akiva say: If we ...
Maurice Mizrahi's user avatar
1 vote
1 answer
264 views

Story with Rav Safra -- halacha l'maseh?

The following story is brought down in Rashi in Makkos Daf 24a (Found in Sha'iltas D'Rav Ahai Gaon) והכי הוה עובדא דרב ספרא היה לו חפץ אחד למכור ובא אדם אחד לפניו בשעה שהיה קורא ק"ש ואמר לו תן ...
Yehoshua's user avatar
  • 16k
1 vote
1 answer
52 views

In Makkos 22a, why are those specific cases given?

In Gemarah Makkos 22a, a number of cases are given by different Rabbonim as possible additional averos that can be done while ploughing. It seems like this could be a far larger list though, ...
Moses Supposes's user avatar
1 vote
1 answer
109 views

How can the Mishnah derive that lashes exempt kares, from a pasuk speaking only about one liable for lashes?

The Mishnah in Makkot 23a says "All those liable to receive karet who were flogged in court were exempted from their karet [...] as it is stated with regard to one liable to receive ...
user9806's user avatar
  • 2,196
1 vote
1 answer
54 views

Makkot 7a: מעגילה

The Mishnah mentioned some sort of roller to spread plaster over rooftops. Why is this called מעגילה especially since it only called that way on the way down?
MosheRabbi's user avatar
1 vote
1 answer
67 views

Why repeat עקיבא נחמתנו?

On the last Amud of Maseches Makkos, the three Rabbis in the story are inspired by the words of Rabbi Akiva and proclaim Maccoth 24b: בלשון הזה אמרו לו: עקיבא, ניחמתנו עקיבא, ניחמתנו. Said ...
Bochur613's user avatar
  • 4,647
1 vote
0 answers
90 views

Deep commentaries on the 2 stories of Rabbi Akiva laughing

The Talmud at the end of the tractate Makkos (24a-b) relates 2 stories about Rabbi Akiva laughing in the face of suffering. I was able to find nice commentaries explaining the simple ideas behind the ...
gt6989b's user avatar
  • 3,047
1 vote
0 answers
32 views

Why does Rashi translate בירה differently in different places?

In some places, Rashi translates בירה as a "מגדל [גדול]‏", a "[large] tower" (Bava Kamma 61b, Taanis 16a). In other places he translates it as a "בית גדול", a "large house" (Bava Kamma 22a, Gittin ...
DonielF's user avatar
  • 34.3k
0 votes
1 answer
60 views

Why did Menashe want the city of Gilead?

The Torah describes how Shevet Gad and Reuven built various cities (Bamidbar 32:34-38) then says the family of Menashe's son Machir captured Gilead (32:39), which Moshe then gave to them (32:40). ...
NJM's user avatar
  • 14.2k
0 votes
0 answers
23 views

Gezel do indeed encounter an ocasion with bitlu

Shavua tov! On Makkos טז. on the end of the amud, the guemara asks if just the in shiliach haken and ones we encounter “bitlu ve lo bitlu”. And suggests gezel and mashcuno and pea. Gezel, it finishes ...
Rony Hakim's user avatar
0 votes
0 answers
96 views

In Gem. Makkos 9a, how can Abaye suggest that a person is unaware of the prohibition to kill?

Gemara Makkos 9a reports: א״ל אביי אומר מותר אנוס הוא Abaye said to him: One who says that it is permitted to kill the victim is a victim of circumstances beyond his control, as he was unaware of the ...
Avrohom Yitzchok's user avatar
0 votes
0 answers
65 views

Does a person who wets or soils himself during lashes still receive the kapparah?

The punishment of lashes serves as a kapparah (atonement) for a person's aveirah. 1) The Sefer HaChinuch (Mitzvah # 594) writes that the reason for the mitzvah of lashes was to penalize the sinner in ...
alicht's user avatar
  • 12.1k
0 votes
0 answers
135 views

Help finding a Noam Elimelech

I recently finished Meseches Makkos and went through the Agadetahs (Summed up very quickly) of when Raban Gamliel, Rabbi Elazar Ben Azaria, Rabbi Yehoshua and Rabbi Akiva were together and Rabbi Akiva ...
TrustMeI'mARabbi's user avatar
-1 votes
2 answers
105 views

Explanation of Makkot 15a [closed]

Makkot 15a begins by asking: Why did Rabbi Yohanan say something and then claim he did not say it? I don't understand the Gemara's answer to that question. Can anybody explain it to me?
Maurice Mizrahi's user avatar
-1 votes
1 answer
58 views

Must we find out for ourselves?

The Talmud Makkot 16a records the following exchange: א"ר יוחנן אין לנו אלא זאת ועוד אחרת א"ל ר' אלעזר היכא א"ל לכי תשכח נפק דק ואשכח R' Yoḥanan said: [There are two mitzvot on this matter:]...
Maurice Mizrahi's user avatar