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Kesuvos 38

1a) [line 1] D'HARGO DERECH ALIYAH - where he killed him with an upward motion

b) [line 1] SHE'LO NITNAH SHIGEGASO L'CHAPARAH (GALUS - Exile)
(a) A person who murders intentionally after having been previously warned is liable to the death penalty. A person who murders unintentionally is exempt from the death penalty, but is punished with Galus (exile). The Gemara learns (Makos 7b) from the verse (Bamidbar 35:23) that only when one strikes the victim with a downward motion is the unintentional murderer liable to Galus. A person who kills using an upward motion does not merit the atonement of Galus.
(b) When it is proven that a person killed unintentionally, he is exiled to one of the six Arei Miklat (Cities of Refuge) or one of the forty-two cities of the Leviyim. He must stay there and not leave the city or its Techum for any reason whatsoever until the death of the Kohen Gadol who served at the time that he was sentenced to Galus.
(c) If the unintentional murderer leaves his City of Refuge, the Go'el ha'Dam (the closest relative of the murdered person) is permitted to avenge the death of his relative and kill the murderer.

*2*) [line 36] U'KENASAH L'AVIHAH - that is, this represents he opinion of another Tana, other than the Tana of our Mishnah, with regard to the ruling of Rebbi Akiva

3) [line 36] V'AVIHA ZAKAI B'CHESEF KIDUSHEHA - her father is entitled to keep the money that is given for her Eirusin (betrothal)

4) [line 41] MUFNEH (a) MUFNEH MI'SHENEI TZEDADIM - If two similar words in the Torah are free of any Derashah, they may be used unconditionally for the inference of a Gezerah Shavah between the two topics.
(b) MUFNEH MI'TZAD ECHAD - If only one of the words is free, there is a Machlokes whether they may be used unconditionally for the inference of a Gezerah Shavah (Lemedin v'Ein Meshivin), or if they can only be used for a Gezerah Shavah if we have no logical argument against learning the Gezerah Shavah (Lemedin u'Meshivin).
(c) EINO MUFNEH KOL IKAR - If both words are used for another Derashah, there is a Machlokes whether they can only be used for a Gezerah Shavah if we have no logical argument not to learn the Gezerah Shavah, or if they cannot be used at all for a Gezerah Shavah.

5) [line 44] MAI CHAZIS ... - for what reason do you presume (to interpret the Pesukim in this way)?

38b---------------------------------------38b

6) [line 8] "K'MOHAR HA'BESULOS" - "like the value of the marriage contract of virgins" (Shemos 22:16)

7) [line 27] YESH BEGER BA'KEVER - do the legal consequences of becoming a Bogeres (an adult) take effect after the girl has died?

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