Makkos - Daf 9
- When a גר תושב is exiled
The Mishnah taught on the previous Daf that all are exiled for killing a Yisroel, and a Yisroel is exiled for killing them, “except for a גר תושב” (a non-Jew who committed to keep the seven mitzvos of בני נח). This implies that a גר תושב is not exiled for killing a Yisroel, and a Yisroel is not exiled for killing a גר תושב, and he is equal to an idolator regarding galus. This is contradicted by the Mishnah’s next clause, that a גר תושב is exiled for killing a גר תושב!? Rav Kahana distinguishes between whom a גר תושב kills: if he killed another גר תושב, he is exiled, but if he killed a Yisroel, he is not exiled, because galus is insufficient to achieve atonement for his killing a Yisroel. In another version, Rav Kahana was resolving a contradiction between pesukim: one says the six ערי מקלט shall be "לבני ישראל ולגר ולתושב בתוכם" – for Bnei Yisroel, for the convert, and for the resident among them,” and another says "והיו לכם הערים למקלט" – the cities shall be a refuge for you, implying only “for you,” and not for a גר תושב!? Rav Kahana distinguishes, as above, between whom the גר תושב killed.
- Machlokes about אומר מותר, and other avoidable mistakes (Avimelech’s fault in taking Sarah)
A Baraisa implies that a גר תושב is killed for mistakenly killing another גר תושב, and Rava explains the case is באומר מותר – where he thinks it is permitted to kill (and intentionally murdered). Such an error is not atoned with exile, so he is executed. Abaye asked: אומר מותר אנוס הוא – one who thinks murder is permitted is faultless, since he was unaware of the prohibition, and should not be executed!? Rava responded: שאני אומר אומר מותר קרוב למזיד הוא – for I say, on the contrary, thinking murder is permitted is close to sinning intentionally, for his negligence in not having learned the prohibition. Similarly, Rava and Rav Chisda disagree where a גר תושב killed another גר תושב, mistaking him for an animal or כנעני, if he is executed for negligence, or exempt as an אנוס. Abaye challenged Rava from the passuk in which Avimelech protests: הגוי גם צדיק תהרוג – “Will You kill an innocent nation?,” implying he was faultless for thinking she was Avraham’s sister!? Rava answered that Hashem told him to return Sarah to Avraham “because he is a נביא,” hinting that Avimelech was at fault: Avraham discerned from their improperly asking about his wife (instead of his needs) that he had to hide her true identity. From here we learn that a בן נח is killed for his ignorance,שהיה לו ללמוד ולא למד – because he should have learned, and he did not.
- Six ערי מקלט, three in Eretz Yisroel and three in עבר הירדן
The Mishnah states: להיכן גולין – To where are they exiled? לערי מקלט – To the cities of refuge, לשלש שבעבר הירדן ולשלש שבארץ כנען – to the three in the Transjordan, and to three in the land of כנען (Eretz Yisroel). Until the three in Eretz Yisroel were designated, the three in עבר הירדן did not function as ערי מקלט, because the passuk says: "שש ערי מקלט תהיינה" – [they] shall be six cities of refuge,” teaching:
עד שיהיו ששתן קולטות כאחת – none are effective until the six of them provide refuge at once. Straight roads are constructed to lead to the ערי מקלט. A Baraisa lists the names of the three ערי מקלט in Eretz Yisroel and the three in עבר הירדן, and describes them as parallel to each other, and that the distance between each other was equal to the distance between the northernmost and southernmost cities and their respective borders. The Gemara wonders why עבר הירדן had the same number of ערי מקלט as Eretz Yisroel, when it only comprised two and a half shevatim!? Abaye answered: בגלעד שכיחי רוצחים – murderers were relatively common in גלעד (in עבר הירדן), so more ערי מקלט were necessary.
