*18.5 Makkos Daf 12 A (19 lines Up)*

*18.5 Makkos Daf 12 A (19 lines Up)**Summary**Beraisa 1:* “If the murderer goes out and exits ( _yatzo yeitzei_ ) his sanctuary city [he may be killed]”. The double wording _yatzo yeitzei_ teaches that this law applies whether he left the city with intent or without.*Beraisa 2:* If the murderer exits his sanctuary city intentionally, he may be killed. However if he left in error, he may return safely.*Question:* How are these two _beraisas_ resolved?*Answer: Beraisa 2 believes “The Torah speaks in the language of men”* not every turn of phrase has halachic ramifications, while Beraisa 1 believes “The Torah does not speak in the language of men” and every word must be analyzed.*Abayye:* Beraisa 2 is more logical because *leaving a city unintentionally cannot be worse than killing unintentionally.* If one who murdered unintentionally does not get killed, it cannot be that one who leaves a sanctuary city unintentionallydoes get killed.*Beraisa 1: A murderer’s son may take his father’s life* as the _goeil hadam_ [if his father had killed his brother].*Beraisa 2:* A murderer’s son *may not act as the _goeil hadam_* against his father.*Suggestion:* Perhaps *Beraisa 1 is in accordance with the view of Rabbi Yosi Hagelili* (17.4, 18.4) [that the goeil hadam is obligated by the Torah to take the murderer’s life] and *Beraisa 2 follows Rabbi Akiva’s opinion.**Rebuttal:* Even according to Rabbi Yosi Hagelili *it wouldn’t be permissible for a son to take his father’s life,* as *Rabbah bar Rav Huna* said, and the same was taught in *Rabbi Yishmael’s Yeshiva: A son cannot be the shaliach beis din against his father* _[even if the father is a murderer]_ except in the case of a _meisis_ [one who persuades others to worship idols] as it states “Do not pity him or cover for him”.*Resolution* of the beraisas: “Son” in Beraisa 1 refers to a son. “Son” in Beraisa 2 *refers to a grandson.* If his grandfather killed his father, then he can be a _goeil hadam_ against him. 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