*18.4 Makkos Daf 12 A (15 lines After spreads)*

*18.4 Makkos Daf 12 A (15 lines After spreads)*Today's Torah Learning is Sponsored by *Mark Weinman**In honor of my birthday, as a zechut for Clal Israel*Sponsor a day's learning (thousands of minutes!) for only $50 *click here:*https://secure.cardknox.com/torasavigdor?xDescription=GemaraProjectDay&xamount=50Beraisa: “V’ratzach [can be translated ‘if he murdered’ or ‘he should murder’] goeil hadam” Rabbi Yosi Hagelili: This teaches that the goeil hadam has an obligation to kill the murderer and anyone else is not guilty for killing him. Rabbi Akiva: The goeil hadam may kill the murderer (and will not be liable for murder). Anyone else is liable for murder for killing him.*Summary**Question: What are the rationales* of Rabbi Yosi Hagelili and Rabbi Akiva?*Rabbi Yosi Hagelili:* If Rabbi Akiva is correct, the _possuk_ should have said “ _im ratzach_ ”.*Rabbi Akiva:* If RabbiYosi Hagelili is correct, the _possuk_ should have said “ _yirtzach_ ”.*Mar Zutra bar Tuvia* quoting *Rav:* If the _goeil hadam_ encounters the murderer outside of the city limits and kills him, *he is charged with murder.**Question:* This in accordance with *neither Rabbi Yosi Hagelili nor Rabbi Akiva?**Answer:* It is in accordance with the following beraisa.*Beraisa: Rabbi Eliezer:* “[The murderer shall not be killed] until he is judged by the Sanhedrin” this teaches that the _goeil hadam_ cannot kill the murderer unless he is *pronounced guilty by the Sanhedrin.**Question:* What do Rabbi Yosi Hagelili and Rabbi Akiva *learn from this _possuk_ ?**Answer:* It teaches the law of the following _beraisa._*Beraisa: Rabbi Akiva:* A Sanhedrin that witnesses a murder may not execute *the murderer ‘until he is judged by a different Sanhedrin’.*_[Since they saw too much, they may not recognize certain legal loopholes]_ See acast.com/privacy for privacy and opt-out information. This podcast has been graciously sponsored by JewishPodcasts.fm. There is much overhead to maintain this service so please help us continue our goal of helping Jewish lecturers become podcasters and support us with a donation: https://thechesedfund.com/jewishpodcasts/donate