18.5 Makkos Daf 12 A (19 lines Up)SummaryBeraisa 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.