Questions tagged [maseches-makos]
Tractate concerning false witnesses, cities of refuge and implementing the courts punishment of lashes
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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 ...
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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, ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 (...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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:]...
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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?
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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 ...
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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 ...
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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,...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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?
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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 ...
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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, ...
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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 ...
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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: ...
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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 ...
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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 ...
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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",...
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