Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:

Makot 

Halacha:

Beit Din 

Parsha:

Shoftim 

Collections: Rabbi Berzon: Makkot

Description

The Torah describes the unintentional murder as having taken place in the forest. The Mishna records a controversy between Rebby and the Chachomim. What exactly took place in the forest? Did the metal of the ax get detached from the wooden handle, or did the wood of the tree fly afar and kill the victim. We will suggest two approaches to understand the root of the machlokes. One, how do we assess the level of negligence in these two scenarios, is it close to deliberate, i.e. the negligence is very significant, or is it close to Ones because there is little negligence. Two, do we define the act of hitting the tree with the ax as "Gufo" or as "Kocho"? Rav Papa seems to maintain the latter approach; this would have major implications elsewhere