Monday, April 10, 2006

Go'eil HaDam

If a geir (i.e., someone who has no k'rovim) is killed b'shogeig, does the murderer have to go into galus?

Does a person have only one go'eil ha-dam, or can he have more than one? How close must a person be to be considered a go'eil ha-dam? One of the shiv'a k'rovim?

2 Comments:

At 5/08/2008 12:25 PM, Blogger Barzilai said...

Ohr Samei'ach 6 Rotzei'ach 12: Galus is a chiyuv even when there is no goel hadam. His proof is from the fact that even an eved, who has no yorshim, has a din golus.
The Mirkeves Hamishnah in 5 Rotzei'ach 3, hosever, says that the reason he has a din golus is because not only a goel hadam can kill the guy, anyone can.
The reason Reb Meir Simcha disagrees with the MH is because he holds like R Shlomo Eiger, brought in Drush VeChidush Kesuvos 33b, that the reason that if a stranger kills him he is pattur is because since the goel hadam is allowed to kill him, he's considered a gavra ketila. Obviously, according to that, the MG makes no sense at all, since where there is no GH, others aren't allowed to kill him either.

 
At 5/08/2008 1:45 PM, Blogger Josh M. said...

Thanks!

 

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