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                 THE DAFYOMI DISCUSSION LIST

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             Rosh Kollel: Rabbi Mordecai Kornfeld
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Makos 011a: Korban Pesach for a Goleh

Avrohom Kober asked:

Quick Shailo from my 11 yr old. 

What does one who is sent to an Ir Miklat do about Korban Pesach? I
can only find that he is Patur from 

Tzorchei kehal based on Mishna and Rambam. Is this a Kol Shekain?
Maybe they should all go to 

Yerushalaim? ;-)

Avrohom Kober
 
The Kollel replied:

The Rambam (Hilchos Rotze'ach 7:8) writes that a person does not
leave his Ir Miklat for any Mitzvah. 

This certainly would include Korban Pesach.

The Or Same'ach (ibid.) explains that he is exempt from Mitzvos
because a person is not obligated to put 

his life at risk in order to perform a Mitzvah.
---
The Kollel adds:

It seems to me a good Kol sh'Kein.  The Mishnah in Makos (2:7) tells
us that a Rotzeach b'Shogeg is never 

obligated to leave his Ir Miklat even to testify on behalf of an
accused murderer.  Eidus Nefashos is a 

Mitzvah of Pikuach Nefesh.  If a Jew was being tried by a non-Jewish
court on Shabbos for a capital 

crime, another Jew would be allowed to be Mechalel Shabbos to go to
the court to offer testimony to save 

him.  Therefore it would seem that he is Patur from Korban Pesach
because he is an Ones.  He also would 

have the special Patur of Derech Rechokah since all of the Arei
Miklat are more than 15 Mil 

(approximately 15 km) away from Yerushalayim (even today, with modern
transportation, the Shiur of Derech 

Rechokah would be 15 Mil.  See Gemara Pesachim 94a that says that if
one is farther away than Modi'in 

then it is Derech Rechokah even if he has a horse)(the difference
between Ones and Derech Rechokah is 

that Ones would be punished with Koreis if he wilfully neglects to
bring a Korban Pesach on Pesach 

Sheini, whereas someone who is Patur because of Derech Rechokah he is
completely Patur from the 

punishment of Koreis).

b'Yedidus,

Yonasan Sigler

*This is not a Psak Halachah


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