Unit 4

Question 1

הוא ינוס אל אחת הערים האלה וחי

Answer 1

“He shall flee to one of these cities and live” - This passuk is talking about someone who killed recklessly (manslaughter) and then, states the law, that he must flee to an Ir Miklat

Question 2

הוא שעשה מעשה במזיד אינו גולה

Answer 2

“He who does an action intentionaly does not go to exile”- Any person who murders with intent is not send to exile or even given the death penalty as they weren’t warned.

Question 3

והיא נותנת

Answer 3

“And it gives” - This is a form of rebutting a Kal Vachomer by using their very argument against them.

Question 4

כפרה

Answer 4

“Atonement” - The punishment is used as a form of rehabilitation and rectification of the soul

Question 5

מילי

Answer 5

Words

Question 6

כי היכי

Answer 6

Just like

Question 7

נמי

Answer 7

Also

Question 8

ריש לקיש

Answer 8

Status: Amorah
Location: Israel

Question 9

רב יוחנן

Answer 9

Status: Amorah
Location: Israel

Question 10

Doesn’t speaking count as an action? b/c moving your lips is an action. Therefore shouldn’t they get the same punishment is someone who kills actively, thereby denying your Kal Vachomer?

Answer 10

1. Speaking isn’t a complete action like killing is.

2. Edim could give testimony without speaking but only grunting with consent, which could still count as testimony.

Question 11

What is the context in which עקימת פיו הוה מעשה is originally debated?

Answer 11

If you muzzle an animal or draw two species together using a voice, are you liable for lashes, which are normally given for transgression involving an action?

a) רבי יוחנן: You get lashes because moving mouth is an action.
b) ריש לקיש: Don’t get lashes b/c sound is not an action.

Question 12

How does this further strengthen the Rita’s question?

Answer 12

רבי יוחנן himself says that moving one’s mouth is an action! Then how could he write in our Gemara that E”Z are not considered “active” when they use their mouth.
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