BNEI AVIGDOR. Learn with us.
282 episodes - English - Latest episode: over 3 years ago - ★★★★★ - 2 ratingsWelcome to BNEI AVIGDOR!Follow our podcast that consists of a 10 minute audio clip of Gemara from Rabbi Miller ZTL every day!Rabbi Miller placed a strong emphasis on reciting the words of the gemara out loud. So please try to take minutes after listening to the recording, and verbalize the words of the Gemara. It is helpful to try and memorize the basic idea that was taught in each day’s recording and review it throughout the day. See acast.com/privacy for privacy and opt-out information.
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Episodes
*14.5 Makkos Daf 10 A (10 lines Dn)*
March 12, 2020 03:49 - 8 hours - 1.67 MB*14.5 Makkos Daf 10 A (10 lines Dn)**Summary*We learned in the mishna (14.2) that there were six sanctuary cities.*Question: Weren’t there more?*The _possuk_ says “Add onto them; *forty two cities”.**Abayye: The original six cities offer sanctuary regardless of the murderer’s intention;* if he’s there, he’s protected. To find refuge in the other forty two cities, he must intentionally flee there.*Challenge: Was Chevron (14.3) a sanctuary city?*The _possuk_ says *“Chevron was given to Kalev”* ...
*14.4 Makkos Daf 10 A (3 lines Dn)*
March 11, 2020 17:37 - 10 hours - 1.98 MB*14.4 Makkos Daf 10 A (3 lines Dn)**Summary*The distance between the Southernmost boundary and Chevron, was equivalent to the distance between Chevron and Shechem. And the same distance from Shechem to Kedesh, and from there to the northernmost boundary.*Question:* Why were the residents of the edges of the land *further away than those in the center of the land?* [If one lived between Chevron and Shechem, he was closer to one of the cities, but one who lived near the south border had to trav...
*14.3 Makkos Daf 09 B (7 lines Up)*
March 10, 2020 04:34 - 3 hours - 2.03 MB*QUICK AND EASY GEMARA LIKAVOD PURIM!**14.3 Makkos Daf 09 B (7 lines Up)**Summary**Beraisa:*Moshe set aside three sanctuary cities in _eiver hayarden._ Yehoshua set up three cities parallel to them in _eretz canaan,_ on the other side of the Yarden. They were directly opposite, like the rows of vines in a vineyard.Chevron, which was in Yehuda, was parallel to Betzer in the south of _eiver hayarden._ Shechem which was in Har Efrayim, Canaan, was parallel to Ramos in Gilead, the center of _eive...
*13.6 Makkos Daf 09 B (8 lines before spreads)*
March 06, 2020 04:32 - 9 hours - 2.67 MB*13.6 Makkos Daf 09 B (8 lines before spreads)*_*Suggestion:* Before listening to the recording take a minute and review yesterday’s gemara. It will help to lock it in in your mind, and today’s gemara will flow better!_*Summary**Beraisa:* The _possuk_ says:*“He* [killed inadvertently and] *didn’t see* [what his actions caused]”*Rabbi Yehuda:* This _possuk_ *excludes a blind man* [ordinarily he does see].*Rabbi Meir:* This possuk *includes a blind man* [who doesn’t see].*Question:* What is the...
*13.5 Makkos Daf 09 A (2 lines Up)*
March 05, 2020 05:11 - 8 hours - 1.73 MB*13.5 Makkos Daf 09 A (2 lines Up)*_*Suggestion:* Before listening to the recording take a minute and review yesterday’s gemara. It will help to lock it in in your mind, and today’s gemara will flow better!_*Summary**Rabbah:* One who *thinks his act is permissible (Avimelech, for instance) is considered a _meizid_ .**Abayye* asked Rabbah: The _possuk_ states that Avimelech said to Hashem in his dream “Will you kill *a righteous man?”.* It seems that since he didn’t know Sarah was married, he ...
*13.4 Makkos Daf 09 A (14 lines Up)*
March 04, 2020 05:28 - 12 hours - 2.14 MB*13.4 Makkos Daf 09 A (14 lines Up)*_*Suggestion:* Before listening to the recording take a minute and review yesterday’s gemara. It will help to lock it in in your mind, and today’s gemara will flow better!_*Summary*Rav Chisda: The _ger toshav_ goes into _galus_ when he killed with a downward blow, just like a Yisroel (10.1-10.5). But the _beraisa_ refers to when he killed with an upward blow.Since even a Yisroel does not go into _galus_ for upward killing, the _ger toshav_ cannot go into _g...
*13.3 Makkos Daf 09 A (8 lines Dn)*
March 03, 2020 05:23 - 12 hours - 2.14 MB*13.3 Makkos Daf 09 A (8 lines Dn)*_*Suggestion:* Before listening to the recording take a minute and review yesterday’s gemara. It will help to lock it in in your mind, and today’s gemara will flow better!_*Summary**Another version* of the foregoing discussion: *One _possuk_ states* “These [sanctuary] cities will be for you _(the bnei Yisroel)_ *and for the _ger (toshav)_* amongst you”. *Another possuk states* “The sanctuary cities will be *for you”* . And we understand “But not for the _ger...
*13.2 Makkos Daf 08 B (3 lines Up)*
March 02, 2020 05:27 - 19 hours - 2.64 MB*13.2 Makkos Daf 08 B (3 lines Up)*_*Suggestion:* Before listening to the recording take a minute and review yesterday’s gemara. It will help to lock it in in your mind, and today’s gemara will flow better!_*Summary*We learned in the Beraisa that a Yisroel receives malkos because of what he did to a slave or a samaritan. But what could that be?*Rav Acha bar Yaakov:* If the *Yisroel falsely testified against the slave and was _huzam,_* he would be punished with whatever he intended to punish t...
*13.1 Makkos Daf 08 B (9 lines Up)*
March 01, 2020 06:00 - 5 hours - 2.9 MB*13.1 Makkos Daf 08 B (9 lines Up)**Summary*We learned in the Mishna that a son goes into _galus_ for killing his father.*Challenge:* The Beraisa states *_“makkeh nefesh_* (a blow that takes the soul) teaches that *a son does not go into _galus_* for killing his father _(because he sins by hitting his father even if his blow did not “take the soul”).__A murderer is executed by ‘sayif’ or ‘hereg’. An inadvertent murderer goes into galus instead of being killed by ‘sayif’, so we know that galus...
*12.6 Makkos Daf 08 B (9 lines after spreads)*
February 28, 2020 05:33 - 1 hour - 2.42 MB*12.6 Makkos Daf 08 B (9 lines after spreads)**Summary*We learned in the Mishna that a son goes into _galus_ for killing his father.*Challenge:* The Beraisa states *“ *makkeh nefesh** (a blow that takes the soul) teaches that *a son does not go into _galus_* for killing his father _(because he sins by hitting his father even if his blow did not “take the soul”).__A murderer is executed by ‘sayif’ or ‘hereg’. An inadvertent murderer goes into galus instead of being killed by ‘sayif’, so we kno...
*12.5 Makkos Daf 08 B (4 lines after spreads)*
February 27, 2020 04:43 - 22 hours - 2.49 MB*12.5 Makkos Daf 08 B (4 lines after spreads)**Summary**Mishna:* A father goes into galus because of killing his son _[not during a mitzvah]._ A son goes into _galus_ because of his father.Anyone (including a ger or an eved) goes into galus for killing a Yisroel, and a Yisroel goes into galus for killing them, but not for killing a ger toshav.A ger toshav (only) goes into galus for killing a ger toshav _[this will be explained in the gemara. The Gra deletes the word “only” because a ger tosha...
*12.4 Makkos Daf 08 B (15 lines Dn)*
February 26, 2020 07:16 - 10 hours - 2.92 MB*12.4 Makkos Daf 08 B (15 lines Dn)**Summary*Rabbi Yishmael: Just as plowing is not done for a mitzvah, so too, reaping is only forbidden when it’s not for a mitzvah, but reaping the _omer_ is permitted even on shabbos.One of the Rabbanan said to Rava: Perhaps the plowing was also for the mitzvah of _omer_ ?Rava: Only the reaping is a mitzvah.*Ravina* challenged *Rava:* We learned in the mishna (11.3) “One only goes to _galus_ if he was not doing a mitzvah. *If a father killed his son* while ...
*12.3 Makkos Daf 08 B (4 lines Dn)*
February 25, 2020 06:55 - 4 hours - 2.74 MB*12.3 Makkos Daf 08 B (4 lines Dn)**Summary**Another version* of the forgoing discussion (11.6-12.1):*Beraisa:* The _possuk_ states: “On Shabbos, *you should rest* in *plowing* [season] and in *reaping* [season]”.*Rabbi Akiva:* This verse must refer to the Shabbos of _shemittah_ , but *not to the year of _shemittah_* , because we already know that plowing and reaping is forbidden the entire year. *This verse teaches* that plowing for the benefit of the shemittah crop is forbidden even before ...
*12.2 Makkos Daf 08 A (4 lines Up)*
February 24, 2020 05:05 - 52 minutes - 2.82 MB*12.2 Makkos Daf 08 A (4 lines Up)*psssst... Did you hear about Toras Avigdor's crowdfunding campaign? It is *now in full swing* and you can make a special donation in honor of the gemara we learn together! cmatch.me/kevius*Summary*Mishna (11.3), Abba Shaul: Just like chopping wood is not a _mitzvah_ ; one only goes to _galus_ if he was not doing a _mitzvah._*Rava:* The _possuk_ says: _*“Va’asher* yavo es rei’eihu bayaar_ (If someone happened to come to the forest with his fellow)”. This mean...
*12.1 Makkos Daf 08 A (10 lines Up)*
February 23, 2020 05:30 - 8 hours - 1.83 MB*12.1 Makkos Daf 08 A (10 lines Up)**Summary*Mishna (11.3), Abba Shaul: Just like chopping wood is not a _mitzvah;_ one only goes to galus if he was not doing a _mitzvah._One of the Rabbanan said to Rava: Perhaps he went to chop wood for a _mitzvah?_Rava: Since he can use pre-chopped wood, the chopping is not a _mitzvah._*Ravina* challenged *Rava:* We learned in the mishna (11.3) “One only goes to _galus_ if he was not doing a _mitzvah_ . *If a father killed his son* while spanking him, or *a...
*11.6 Makkos Daf 08 A (8 lines after spreads)*
February 21, 2020 04:24 - 10 hours - 2.62 MB*11.6 Makkos Daf 08 A (8 lines after spreads)**Summary*In our *beraisa* _u’matza_ refers to a head *that was already there.* In the second *_beraisa_* it refers to assets *that were not previously owned!**Rava: It depends on the context.* In the _possuk_ that the second _beraisa_ is based on, the words _v’hisiga yado - and finally he was able to afford it_ are written before _u’matza_ , so we understand that *it’s referring to assets that he did not have* previously.In our _beraisa_ the _poss...
*11.5 Makkos Daf 08 A (5 lines after spreads)*
February 20, 2020 13:51 - 23 hours - 2.58 MB*11.5 Makkos Daf 08 A (5 lines after spreads)**Summary**Mishna:* Rabbi Eliezer ben Yaakov: If the victim stuck his head out after the thrower threw the stone, he does not go to _galus._*Gemara:**Beraisa:* The _possuk_ says “[If one causes an object to hurtle through the air] *_U’matza_* [and it will encounter his fellow and kill him]”. *This excludes a case* where it wasn’t the stone that encountered the man *but the man encountered the stone.* This is the source for the law of Rabbi Eliezer ...
*11.4 Makkos Daf 08 A (4 lines before spreads)*
February 19, 2020 13:41 - 15 minutes - 2.19 MB*11.4 Makkos Daf 08 A (4 lines before spreads)**Summary*If someone threw a stone into the street and it killed someone, he goes to _galus._*Gemara:**Question:* Someone who throws a stone out on the street is a _shogeig?!_ *He’s being careless!**Rav Shmuel bar Yitzchok:* This is discussing a case where *he was demolishing a wall* - he wasn’t just throwing stones out carelessly.*Question:* He should still watch what he’s doing!*Response:* The demolition is taking place *at night* (when streets ...
*11.3 Makkos Daf 08 A (10 lines Dn)*
February 18, 2020 05:11 - 17 hours - 2.25 MB*11.3 Makkos Daf 08 A (10 lines Dn)**Summary**Mishna:*If someone *threw a stone into the street and it killed* someone, *he goes to galus* _(the gemara will explain why this should not be considered meizid)._*Rabbi Eliezer ben Yaakov:* If the victim stuck his head out after the thrower threw the stone, he does not go to _galus._If one threw a stone into his yard and it killed someone there; if the victim had permission to be there at the time ,he goes into _galus,_ otherwise he does not. As t...
*11.2 Makkos Daf 08 A (4 lines Dn)*
February 17, 2020 04:28 - 15 hours - 2.16 MB*11.2 Makkos Daf 08 A (4 lines Dn)**Summary**Rav Papa:* If one threw *a clod of earth* at a tree *which caused dates to fall* on someone and kill him; he is only chayav *according to Rebbi* , and not the Chachomim.*Challenge: Isn’t that obvious?**Resolution:* This case *seems dissimilar* to the question of our mishna, because *the dates are twice removed* from the energy of the thrower (‘koach kocho’), so *Rav Papa* is teaching that *the law is indeed the same.**Challenge:* What would be a ca...
*11.1 Makkos Daf 07 B (3 lines Up)*
February 16, 2020 06:17 - 17 hours - 1.62 MB*11.1 Makkos Daf 07 B (3 lines Up)*Today’s audio is less than 4 minutes. Use the extra minute to repeat the give and take of the gemara out loud. It’s pretty complicated; so if you can repeat it out loud that’s some accomplishment!*Summary*The _passuk_ gives an example of an inadvertent killing as follows: If two people enter the forest to chop wood “ _v’nashal habarzel min ha’eitz_ ”. There are two possible ways of translating this:1. The iron (blade) flew off ‘the wooden (handle)’ and kille...
*10.6 Makkos Daf 07 B (8 lines Up)*
February 14, 2020 04:43 - 22 hours - 2.57 MB*10.6 Makkos Daf 07 B (8 lines Up)**Introduction:* The _passuk_ gives an example of an inadvertent killing as follows: If two people enter the forest to chop wood _“v’nashal habarzel min ha’eitz”._ There are two possible ways of translating this:The iron (blade) flew off ‘the wooden (handle)’ and killed somebody.The iron (blade) made ‘a piece of the tree’ fly off and kill somebody.If we understand “1” as the proper translation, we understand that he is _shoigeg_ because he certainly never int...
*10.5 Makkos Daf 07 B (13 lines Up)*
February 13, 2020 04:36 - 6 hours - 2.05 MB*10.5 Makkos Daf 07 B (13 lines Up)**Summary*If someone was ascending a ladder and because of the pressure he applied, a rung fell and killed someone:Rabbi Yochanan: This is a downward killing which necessitates _galus._Rabbi Avahu: This is an upward killing.*Perhaps this was already argued by the tannaim:**Beraisa 1:* If someone was *ascending a ladder and a rung fell* and killed someone, *he is _chayav._**Beraisa 2:* If someone was *ascending a ladder and a rung fell* and killed someone, *h...
*10.3 Makkos Daf 07 B (11 lines Dn)*
February 11, 2020 08:06 - 2 hours - 3.04 MB*10.3 Makkos Daf 07 B (11 lines Dn)**Summary**Beraisa:* The _passuk_ says *_“B’vli daas”_* ; this *excludes someone who killed with intention.**Question:* Someone who kills intentionally is *put to death* by Beis Din!*Rabbah:* It means someone who killed with intent, but his intended victim was *an animal*, and he ended up *killing a person _b’shogeig._* Or he intended to kill a goy and *killed a Jew _b’shogeig,_* or he *killed a healthy child _b’shogeig_* when his intention was to kill a *ne...
*10.2 Makkos Daf 07 B (4 lines Dn)*
February 10, 2020 04:49 - 12 hours - 1.98 MB*10.2 Makkos Daf 07 B (4 lines Dn)**Summary**This is the rule:* If it *killed on the way down, he goes into _galus,_* otherwise he does not.*Gemara:*What is the *source?**Shmuel:* The _passuk_ says *“Vayapeil* - he cast it down upon him and he died” this teaches that it has to *fall downward;* the way things fall.*Beraisa:* The _passuk_ says “ *_Bishgaga_* - unwittingly”; this *excludes _meizid_* (someone who murders intentionally) from _galus._ The passuk says *“B’vli daas”;* this *excludes ...
*10.1 Makkos Daf 07 A (4 lines Up)*
February 09, 2020 04:37 - 16 hours - 2.31 MB*10.1 Makkos Daf 07 A (4 lines Up)**Summary**Mishna:* One who *kills _b’shogeig_* (it’s a very great crime, but he may have the kapparah that he) *goes into _galus_* (he must go to one of the _arei miklat_ - ‘sanctuary cities’ and remain there, it’s a sort of jail).If he was rolling mud onthe roof with a roller, and it *fell downward* on someone *and killed him; he goes into _galus._* Similarly if he was *lowering a barrel* with rope and it fell and killed someone; he goes into galus. Or, if ...
*9.6 Makkos Daf 07 A (8 lines Up)*
February 07, 2020 03:27 - 7 hours - 2.83 MB*9.6 Makkos Daf 07 A (8 lines Up)**Summary**Rabbi Akiva* and *Rabbi Tarfon* in the _mishna_ (9.3) said: Had we merited being in the Sanhedrin, *no one would ever have been killed.**Rabbi Yochanan* and *Rabbi Elazar:* In a murder case they would ask “Perhaps the victim was *already mortally ill* before he was killed”.*Question:* What would they say *in a case of illicit relations°?**Abayye* and *Rava:* They would ask “Did you see the *peg entering the tube of Blue-stone?”* (A figurative way of...
*9.5 Makkos Daf 07 A (Middle)*
February 06, 2020 06:14 - 16 hours - 2.86 MB*9.5 Makkos Daf 07 A (Middle)**Summary*We learned in the mishna (9.2) that *a sanhedrin can be established anywhere.**Question:* What is the *source?**Answer: Beraisa:* “The _passuk_ says ‘for all generations *in all your dwellings’* . But there is a different _passuk_ that says *‘In your (city)* gates’ - This teaches that *in Eretz Yisroel* there should be a sanhedrin *in every district* overseeing all the *_sanhedrins_ in each town. Outside of Eretz Yisroel* there is a sanhedrin in each dis...
*9.4 Makkos Daf 07 A (11 lines Dn)*
February 05, 2020 04:12 - 16 hours - 2.3 MB*9.4 Makkos Daf 07 A (11 lines Dn)**Summary**Gemara:* From the first law of the mishna (9.2), it seems that *a second Beis Din reexamines the case.* But the second law clearly states that a second Beis Din *does not* reexamine the case!*Abayye:* It depends on whether the second Beis Din is in *Eretz Yisroel* or *Chutz La’aretz.* This is taught in a *_beraisa:_**“Rabbi Yehuda ben Dustai* taught in the name of *Rabbi Shimon ben Shatach:* If the first Beis Din is in Eretz Yisroel and the second ...
*9.3 Makkos Daf 07 A (10 lines Dn)*
February 04, 2020 04:28 - 7 hours - 2.12 MB*9.3 Makkos Daf 07 A (10 lines Dn)**Summary**Mishna:*A Sanhedrin that *killed once in seven years* is called a cruel Sanhedrin _(it wasn’t actually cruel, it was called cruel because Sanhedrin always searched for loopholes. However even when Sanhedrin let someone off on a technicality, he was either killed by the king, or Sanhedrin locked him in a room and “forgot” to feed him)._ *Rabbi Elazar ben Azariah:* A Sanhedrin that *killed once in seventy years.**Rabbi Akiva* and *Rabbi Tarfon:* Had ...
*9.2 Makkos Daf 07 A (5 lines Dn)*
February 03, 2020 04:55 - 14 hours - 3.39 MB*9.2 Makkos Daf 07 A (5 lines Dn)**Summary**Mishna:* If someone escaped from Beis Din *after he was sentenced,* and then returned to that Beis Din; *Beis Din does not reexamine* his case, but carries out his sentencing immediately.If two witnesses testify in Beis Din that *C was sentenced to death* in a different Beis Din, and A and B were his witnesses _(if they would just say A and B saw him kill, that is nothing. We need to hear that he was *sentenced* based on A and B’s testimony);_ *C ca...
*9.1 Makkos Daf 06 B (4 lines Up)*
February 02, 2020 04:47 - 16 hours - 2.7 MB*9.1 Makkos Daf 06 B (4 lines Up)**Summary*In the _mishna_ (8.3) we learned that Sanhedrin cannot hear from a translator.There were two Jews who couldn’t speak Aramis (that was the “Yiddish” of the gemara’s day; the unique language spoken by Jews) who came before Rava as witnesses. *Rava appointed an interpreter.**Question:* Isn’t this *contrary to our _mishna_ ?**Answer: Rava understood* their language but he needed the interpreter to *communicate* with them._(The following story is related ...
*8.6 Makkos Daf 06 B (8 lines Up)*
January 31, 2020 06:59 - 16 hours - 2.39 MB*8.6 Makkos Daf 06 B (8 lines Up)**Summary*In the mishna (8.3) *Rabbi Yosi* said that *the witnesses must give the _hasra’ah._**Rav Papa* commented to *Abayye: Isn’t Rabbi Yosi* of the opinion that we’re *not particular about the _hasra’ah;_* as we learn in a _mishna_ that “Rabbi Yosi says an *‘enemy’ does not need a _hasra’ah_* because his act is clearly premeditated and he is aware of the consequences.“?*Abayye: Rabbi Yosi bar Yehuda* (one of the later _tanna’im,_ in the generation of Rebbi...
*8.5 Makkos Daf 06 B (11 lines Up)*
January 30, 2020 04:16 - 19 hours - 2.87 MB*8.5 Makkos Daf 06 B (11 lines Up)**Summary**Rav Nachman: ‘Individual _eidus’_* is acceptable with regard to *monetary matters* as the _passuk_ states: “He shall not be *_killed_* by the word of one witness”.*Rav Zutra* asked: We learned (8.3) that when *part of a singular _eidus_ is _huzam,_* they are *put to death,* even though the murderer is also put to death based on the testimony of the other part of the singular _eidus._But if ‘individual _eidus’_ is in fact valid with regard to moneta...
*8.4 Makkos Daf 06 B (10 lines Dn)*
January 29, 2020 04:25 - 1 hour - 2.1 MB*8.4 Makkos Daf 06 B (10 lines Dn)*_To download this shiur with Tosfos, click here:_ http://chilp.it/cad6764*Summary**Gemara:**Rav Zutra bar Tuvia* quoting *Rav: ‘Individual eidus’ is invalid* as the _passuk_ states: “He shall not be killed by the word of one witness”. This cannot refer to testimony given by one witness, as the _passuk_ already states: “He shall be killed by the mouth of _two witnesses_ ”, it means that even if there _are_ two witnesses but they did not witness it together (e...
*8.3 Makkos Daf 06 A (6 lines Up)*
January 28, 2020 04:37 - 12 hours - 2.7 MB*8.3 Makkos Daf 06 A (6 lines Up)**Summary*We only consider the people who are coming to establish the matter.*Question:* How do we decide if a passul is a witness or not?*Rava:* We say to him: Did you come (to Beis Din) to observe, or to testify?If they came to observe, we disregard them and the testimony stands.*Rabbi Yehuda* quoting *Shmuel:* The *_halacha_* follows *Rabbi Yosi.**Rav Nachman:* The *halacha* follows *Rebbi.**Mishna:**Two* are watching (a crime) *from one window* and *two fr...
*8.2 Makkos Daf 06 A (Middle)*
January 27, 2020 05:43 - 14 hours - 1.91 MB*8.2 Makkos Daf 06 A (Middle)**Summary**Mishna (7.6):*Just as a testimony is invalidated when one of two witnesses is found to be a relative or a passul; it is invalidated even when one of three witnesses is found passul. (Even though we have two valid witnesses).*Gemara:**Rav Papa* remarked to *Abayye:* If the presence of a passul invalidates the testimony, *the _harug_* (murder victim) *rescues* his murderer. (He is _passul_ and he was present!)*Abayye* responded: Perhaps he was killed stea...
*8.1 Makkos Daf 06 A (6 lines Dn)*
January 26, 2020 04:10 - 18 hours - 2.16 MB*8.1 Makkos Daf 06 A (6 lines Dn)*_To download this shiur with Tosfos, click here:_ http://chilp.it/32fae5c*Summary**Mishna:*Witnesses who come together (two, three, or even a hundred) are considered one set, and are inseparable regarding _hazamah_ , its punishment, and _psul eidus._*Gemara: Rava:*This° is only if they all *spoke close after each other.* If a time of *_kdei dibur_* elapsed in between, their _eidus_ becomes separated.*Rav Acha m’Diftei asked Ravina* : Kdei dibur is the *time i...
*7.6 Makkos Daf 05 B (2 lines Up)*
January 24, 2020 07:16 - 9 hours - 1.89 MB*7.6 Makkos Daf 05 B (2 lines Up)**Summary**Mishna:*Just as a testimony is invalidated when *one of two* witnesses is found to be a relative or a _passul_ ; it is invalidated even when *one of three* witnesses is found _passul_ . (Even though we have two valid witnesses).[There’s a question of what is the issue here; is it that there were _pessulim_ present at the time of the witnessing? This would be the source for the custom of _medakdekim_ that a _chosson_ singles out two witnesses at the ...
*7.5 Makkos Daf 05 B (10 lines Up)*
January 23, 2020 05:34 - 9 hours - 3 MB*7.5 Makkos Daf 05 B (10 lines Up)**Summary**Mishna:*It states “A man can be put to death based on the testimony of *two or three* witnesses”. “Three” is *superfluous* , the Torah wrote it in order to compare two to three. Just as we understand that three witnesses can be _mazim_ two; *two can be _mazim_ three* as well.How do I know that this applies *even to a hundred?*The passuk says *“Eidim - witnesses”* (this implies *even many)* .*Rabbi Shimon:* The words *“or three”* teach that just as ...
*7.4 Makkos Daf 05 B (19 lines Up)*
January 22, 2020 04:24 - 9 hours - 3.77 MB*7.4 Makkos Daf 05 B (19 lines Up)**Summary**Question:* How do we know that the laws of our _mishna_ (7.2) regarding _gemar din_ apply to the *punishment of _malkos_* as well?*Answer:* There is a *_gezeira shaveh - rasha_* (which is written regarding *_misah_* ) and *_rasha_* (which is written regarding *_malkos_* ).*Question:* And how do I know that this applies to the punishment of *_galus_* (for unintentional murder) as well?*Answer:* There is a *_gezeira shaveh - rotzeach_* (which is writ...
*7.3 Makkos Daf 05 B (7 lines after spreads)*
January 21, 2020 06:25 - 22 hours - 2.72 MB*7.3 Makkos Daf 05 B (7 lines after spreads)**Summary**Gemara: Berebbi* (A great man): If the _zoimemim_ did not kill, they are killed. If they did kill, *they are not killed.**His father:* Isn’t that *illogical?**Berebbi:* You have taught us (he said this to be respectful): *We do not punish based on logic.*This can be learned from a *Beraisa:*“If a man takes his sister the daughter of his father or of his mother” What about a sister who is the daughter of both? The _passuk_ ends “He reveale...
*7.2 Makkos Daf 05 B (15 Lines Dn)*
January 20, 2020 04:58 - 15 hours - 3.32 MB*7.2 Makkos Daf 05 B (15 Lines Dn)**Summary**Reish Lakish* : It is already *established that this woman brings false witnesses* and we cannot accept the third testimony.*Rabbi Yochanan (and Rabbi Elazar):* The fact that she is a faker *doesn’t prove that all Jews are fakers* and we must accept the testimony of two kosher Jews.*Suggestion:* It would seem that *Reish Lakish* is following *the opinion of Rabbi Yehuda* (6.2 “A crooked pair cannot be relied upon”), and *Rabbi Yochanan* is followin...
*7.1 Makkos Daf 05 A (Bottom Line)*
January 19, 2020 04:45 - 8 hours - 2.83 MB*7.1 Makkos Daf 05 A (Bottom Line)**Summary**Mishna* (6.2): The same two eidim can be mazim even a hundred pairs of witnesses. Rabbi Yehuda says this is a crooked pair. Eidim are only believed against the first set of witnesses.*Gemara:* If the witnesses are considered crooked, their words *shouldn’t be accepted against the first set* either!?*Rabbi Avahu:* The _mishna_ refers to a case in which the *first set* was *already put to death.**Challenge:*The mishna is here to teach us _halachos,_ ...
*6.6 Makkos Daf 05 A (9 Lines Up)*
January 17, 2020 06:15 - 10 hours - 2.13 MB*6.6 Makkos Daf 05 A (9 Lines Up)**Summary**Rava:* A & B testify that *C murdered D* on *_Sunday._* But E & F testify that A & B were with them on Sunday. Although E & F also testify that *C murdered D* on *Monday; A & B are considered _zoimemim_* and *receive the death penalty.**Moreover,* even if E & F testify that the murder took place on *_Friday,_ A & B still deserve the death penalty,* because C was not yet convicted.If however in addition to testifying that A & B were with them on Sund...
*6.5 Makkos Daf 05 A (14 Lines Up)*
January 16, 2020 04:39 - 6 minutes - 2.92 MB*6.5 Makkos Daf 05 A (14 Lines Up)* *Summary* *Rava:* A & B testify that *C murdered D* on *_Sunday_* . But E & F testify that A & B were with them on Sunday. Although E & F also testify that *C murdered D* on *_Monday_* ; *A & B are considered _zoimemim_* and *receive the death penalty.* *Moreover* , even if E & F testify that the murder took place on *_Friday_ , A & B still deserve the death penalty,* because C was not yet convicted. *Question:* This is already stated by the *Mishna...
*6.4 Makkos Daf 05 A (7 lines after spreads)*
January 15, 2020 05:14 - 21 hours - 2.48 MB*6.4 Makkos Daf 05 A (7 lines after spreads)**Summary**Rava:* If witnesses allege that a murder took place in *Sura* Sunday *_morning._* Other witnesses then claim that the first set of witnesses were with them Sunday *_evening_* in *Neharde’a,* we check if it is *possible to travel* from Sura to Neharde’a within that time frame. If it is impossible, the first set are considered _zoimemim._*Challenge:* Isn’t that obvious?*Resolution:* We might be inclined to believe that the first set of witn...
*6.3 Makkos Daf 05 A (2 lines after spreads)*
January 14, 2020 08:43 - 18 hours - 2.08 MB*6.3 Makkos Daf 05 A (2 lines after spreads)**Summary**Gemara:* What is the source?(That _hazamah_ consists of testimony against the witnesses themselves).*Rav Ada:* The _possuk_ says: *“The witness testified falsely,* he testified falsely”, the first words seem to imply that there is a falsity to the witness himself.*Rabbi Yishmael’s Beis Midrash:* The possuk says: “They testify against him and he falls apart”’. The testimony must be *against him.**Rava:* If witnesses allege that a murder to...
*6.2 Makkos Daf 05 A (12 Lines Dn)*
January 13, 2020 04:52 - 3 hours - 2.26 MB*6.2 Makkos Daf 05 A (12 Lines Dn)**Summary**Mishna:* _Hazamah_ is only valid when it is directed *against the _eidim._*If the contradicting witnesses say that the murder victim was with them at the time it supposedly took place, or that the supposed murderer was with them, it is considered _hakchashah_ and not _hazamah_ (1.1).The same two _eidim_ can be _mazim_ even *a hundred pairs of witnesses.**Rabbi Yehuda:* This is a crooked pair. Eidim are only believed against *the first set* of witne...
*6.1 Makkos Daf 05 A (2 Lines Dn)*
January 13, 2020 04:50 - 8 hours - 2.37 MB*6.1 Makkos Daf 05 A (2 Lines Dn)**Summary**Mishna:* We *divide a money punishment* among the _zoimemim_ but we *do not divide _malkos._*If the zoimemim wished to make the accused pay 200 sus, they *each pay 100,* so that the accused receives 200 from the two of them.If, however they wished to inflict 39 lashes ( _malkos_ ) on the accused, they each receive the *full punishment.**Gemara: What’s the source?**Abayye:* All physical punishment ( _misah_ and _malkos_ ) is connected by means of *_g...