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Makos 007: Galus

Richard Herring asked:

There is a debate near the top of the page between Rova and Abaye over how to 
interpret the braaita. How does Abaye hold at the conclusion?

Richard Herring, South Africa
----------------------------------------------
The Kollel replies:

Rava queries the Beraisa's statement "bi'Shegagah Prat le'Mezid", inasmuch as 
that is obvious, since he is subject to Misah. 

The Ritva explains that the Beraisa is speaking even in a case where he will 
not be sentenced to death, for example, where there was no warning or where he 
was a Shogeg but bordering on Meizid.

It seems to me that Abaye did not agree with Rava's Kashya. He maintains that, 
since the "murderer" is not in fact subject to the death-sentence, had the 
Torah not written "bi'Shegagah", he would be obligated to go into exile (in 
spite of the fact that he is Mezid or Karov le'Mezid). In other words, it would 
be either the death-sentence or Galus.  

This fits nicely with the fact that neither does Abaye attempt to answer Rava's 
Kashya, nor does the Gemara try to explain how he will do so. 

Be'Virchas Kol Tuv.
Eliezer Chrysler

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