meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Talmud/Bavli/Commentary/Rashi/Seder Nezikin/Rashi on Makkot/English/merged.txt"}
text: Rashi on Makkot
  רש"י על מכות
  merged
  
  This file contains merged sections from the following text versions:
  -Sefaria Community Translation
  -
  
  Rashi on Makkot
  
  
  
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  MISHNA: How are witnesses made zomemim? etc.: In the Gemarah it will be explained what this is saying.
  Regarding this certain individual: [who is a] kohen.
  That he is he son of a divorcee: In our presence his mother got divorced before he was born, and therefore he is a Challal [Illegitimate Kohen] and disqualified [from kohen services].
  It is not said: If they were made to be plotters and they are Kohanim. Make this one [the plotters] the son of a divorcee or Halutzah: To fulfill "Like they plotted". He takes on forty lashes: in the Gemara the reason will be explained.
  
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  That is ruled for [the penalty of] Exile: That he killed someone negligently.
  
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  GEMARAH: This is how we read it: Why! How are witnesses not made zomimen, it should have asked, and forthermore, as we will teach later on, (Makkos 5a) but if they said to him etc.
  How are witnesses not made zomemim we should have asked: In which we can not maintain the requirement of K'asher Zamam [As they plotted].
  
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  MISHNA: They divide the monetary payment: As [the mishna] will go on to explain.
  
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  If others came: That they [these new witnesses] gave testimony like the first group of witnesses.
  And they found them to be zomemim: These second [set of witnesses] that made the first set into zomemim, also made this later [set of witnesses] into zomemim.
  
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  Where they already killed: the first group [of witnesses] before the second group came in.
  
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  Alone: implies that they were others.
  
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  She has been established: to bring in false witnesses, and we should no longer accept any addition witnesses.
  
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  To do their brother: implies that their brother is yet alive.
  
  
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  GEMARA: Berebi says: this was his name.
  
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  GEMARA: An isolated testimony: [The case where] one [witness] saw from this window, and one [witness] saw from this window, but they do not one another.
  
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  From his own mouth: The victim himself warned him.
  
  
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  Foreigners: of a different tongue which the judges didn't recognize.
  
  
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  Illah and Toviah: [were] witnesses on a loan and they were related to the guarantor.
  
  
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  If we were: around in the time that court would rule in capital cases no one would ever get executed as the gemara explains that they would cross-examine the witnesses in matters that they would not know how to answer. 
  Even: If you would have done this you would have increased murder in Isreal because people would no longer fear court.
  
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  MISHNAH: One Was Roofing With a Roller - They used to plaster their roofs with clay. [The roofs] were flat but the clay would give them a slight incline so that the [rain] water would run off. They would plaster it with a wide, smooth piece of wood that had a handle which they would push towards the incline and then draw it back towards himself, and then push it again etc. causing the clay to smear and smoothen. The pushing movement is referred to as "מעגל" - "ma'agal", and the drawing motion is referred to as "מושך" - "moshech". The wooden [tool] is referred to as a "מעגילה" - "ma'agilah" [a trowel]. 
  He was lowering a barrel: from the roof.
  If He Was Descending - [If ] the killer [was descending] the ladder and then fell off it killing [the victim] with [the force of] his body, he is exiled. All of these cases are [examples of] downward motion, which is what is required in order to obligate exile, as the Gemara derives [from the words of the verse] "and he caused to fall upon him."
  However, If He Was Pulling - and the trowel slipped from his hand and fell. 
  
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  GEMARA: Rava Said - This is the correct version. The [word] "אלא" is removed. 
  He did it accidentally: And how to you call it willful?
  
  
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  “If He Came Upon Him Suddenly” This Excludes A [case when someone turns quickly] Around A Corner - The term "suddenly" implies proximity, as the Targum translates it "B'takif" -  this excludes a [case when someone turns quickly] around a corner, i.e. if one was exiting from an alley and entering another by turning to the right or to the left, and [he is holding] a knife in his hand, and someone is approaching him from around the corner who he does not see and [therefore] kills. 
  That he pushed him with his body: without intent.
  This includes downward motion that is for a need of upward motion - E.g. one who wants to lift his hand with force while holding an ax, first lowers his body and leans forward so that he [subsequently] be able to lift with strength; and he killed someone while lowering himself. You should not say that since [the downward motion with which he killed] was needed for an upward motion he should be exempt from exile, for [the verse] states "and he cast it [upon him"].
  
  
  And if one does not lie in wait - He did not intend to throw next to or near him, rather [his intended target was] the location to which he [actually] threw, but he was unaware that there was someone there. ...
  
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  Excludes One Who Intended To Throw Two And Threw Four: And similarly one who [intended to] throw four and threw eight. 
  So too all [cases] that have permission for the victim etc.: This excludes a privately owned courtyard.
  
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  IS THIS [A SITUATION OF] ASCENT OR DESCENT - Do we determine [the law] based on [the direction of] the individual, and he was engaged in an upward motion; or do we determine [the law] based on [the direction of] the rung, and the person ascending upon it was applying pressure as he pushed it downwards?
  You've Already Touched Upon it etc. -  You are touching upon [the concept] of "descending for the purpose of ascending," which we have already inclusively derived above as [a case where one would be] liable [to a sentence of exile]. 
  
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  This is the correct version: Here is when the [knife is] descending in front of him and ascending behind him. Here is when the upward motion is in front of him but the downward motion is behind him. Here is when the downward motion is both in front of him and behind him. And here is when the upward motion is both in front of him and behind him. Any [incident resulting from an] upward motion  is exempt and any [incident resulting from a] downward motion is liable. Therefore, that which was taught "before him, he is liable, behind him is exempt" is referring to [a scenario where] the downward motion was in from of him and the downward motion was behind him, viz. he lowered his arm in order to [then] lift it with force. [So now] when he lifts it with force [if he kills] when lowering in front of him he is liable, [but] if he killed when lifting it behind him he would be exempt. And that which was taught "behind him, he is liable, in front of him, he is exempt" is referring to [a scenario where] the upward motion was in front of him and the downward motion was behind him, e.g. one who lifts his hand with force to the point where it [the ax] was lowered behind him over his shoulders, and then reverses [the motion] to lift [his hands[ to strike in front of him. [So now] if he kills when he was lowering it behind him he is liable, [but if] he killed when he was lifting it [back] he is exempt]. And that which was taught "whether in front of him and behind him, he is liable" is referring to the downward motion, whether it was before him or behind him. And that which was taught "Whether it was in front of him or behind him, he is exempt" is referring to the upward motion, whether it was before or behind him. 
  
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  Let us say that it is subject to a tannaic dispute: this question of Rebbi Abahu.
  
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  Here [one is talking about the issue of] Damages - where he would be obligated to pay the compensation if he did not kill him but only caused him damage. For when it comes to damages there is no difference whether it was caused inadvertently  or intentionally, or whether it was done with a downward or upward motion, as we expound in Bava Kamma (26b) [when the verse says] "A laceration for a laceration" [this comes to teach us] that one is obligated for inadvertent damages as [he would be] for intentional damages, and for damages caused beyond his control as [he would be] if they we done willfully. 
  
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  Here Is When (the rung) Is Rotten -  he would be liable [to go to exile] since every rotten rung when it is tread upon it buckles downward, thus constituting a downward motion. But if it is not rotten there is no downward motion. 
  
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  Here [It] Is [Scenario] When The Rung Has Been Fastened - If the rung completely filled the hole into which it was wedged, and it grasps it very well, then there is no downward motion, and he would thus be exempt  [from exile]. If [however] it is not [securely] fastened, then there would be a downward motion, resulting in liability [i.e. exile].
  
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   The Transmission Is What Matters -  how the word is to be written as it was transmitted to Moses, that is the manner in which we are to expound it, and not the way  it pronounced. When you read "V'nashal" you are inserting the pronunciation of a "Aleph" or of a "Hey" between the "Nun" and "Shin", however according to the authoritative tradition it is written as "V'nishal," meaning dislodged, i.e. that the iron caused [a splinter] to become dislodged from the wood [tree] which hit his fellow. Whereas the Rabanan are of the opinion that it the way it pronounced which matters, and it is read "V'nashal" as a verb, i.e. the iron [ax head] itself became dislodged from its wood [handle]. 
  
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  Since You Might Have Said - According to Rebbi it should be like a case of secondary force resulting in his exemption, since the clod is the primary force and the falling of the dates was the secondary force. It therefore comes to teach you that the clod is analogous to the ax, and the dates to the splinter which ricochets.  
  
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   'Speak his words into the ears of the elders.' It's a verse in the book of Yehoshua.
  
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  This is how we read it: And as for where one is scripturally warned against it's consumption, to not eat from it in tumah, I do not know. The Torah says, "Do not proceed etc.": This is the wording found in the sifre. Ans when it was established here, there was not [time given] to complete it before the Gemara asked, "Why bodily tumah is explicitly written! 'And he may not eat from any holy until he washes etc.'" And we establish in Yevamos that this is referring to maaser from what is written "for if he washed" which would imply that if he did wash he would be tahor, that he immersed, ascended and eats maaser [sheni]. (Our Master, his body was tahor, and his soul exited in a state of tahora. He did not explain any further. From here and on is the words of his disciple Rebbi Yehuda bar Nassan.) This is the wording of the baraisa, to say, "I do not know where one is scriptually warned", therefore the Torah teaches us, "he may not proceed etc.", and the Gemarah was not quiet yet in finishing the matter, rather it proceeded and asked why does it say "I do not know"? Why, bodily tumah is explicitly written in the Torah, "the soul that touched it. etc. may not eat from the holy unless he washed his flesh in water", and we say in Yevamos, that this verse was said regarding maaser sheni, that he immersed, ascended and eats etc.
  
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