*19.3 Makkos Daf 12 B (12 lines Dn)*

*19.3 Makkos Daf 12 B (12 lines Dn)*_Our mishna states that a tree’s location is decided by its foliage. In Maaser Sheini one mishna states the foliage is not taken into account, only the actual city boundaries. Another mishna there states that the foliage is a deciding factor. Rav Kahana explains that the second mishna follows the opinion of Rabbi Yehuda of the beraisa while the first is the opinion of the chachomim.__The gemara found it difficult to accept that Rabbi Yehuda differs so vastly with the Chachamim, and that he will hold that someone who is technically inside the sanctuary city may be killed just because the foliage of the tree where he is standing extends outside of the city limits._*Summary**Rabbah: Our _mishna_ follows Rabbi Yehuda. However, the location of the foliage is not the single deciding factor* _[as it may seem from a simple reading of the mishna]._ Rather:▪A. If the foliage is within the city limits and the murderer is on the trunk outside the city, he may not be killed.▪B. If the foliage is outside the city limits and the murderer is on the trunk inside the city, he cannot be killed.▪C. If the foliage is outside the city limits and the murderer is on the foliage, he may be killed. *However the _goeil hadam_ is not permitted to enter the city and ‘use the trunk as a ladder’ in order to kill 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