(c) 2000 Dr Hendel; 1st appeared in Bais Medrash (c) Torah.Org
Date: Sun, 22 Aug 1999 22:51:49 -0400 (EDT)
From: Russell Hendel <  rhendel@mcs.drexel.edu>
Subject: Re: Goel Hadam

Chaiim Markowitz, Volume 1 Number 91 states:
<  <   ...The 2nd situation is where the murderer is on his way to the Ir
Miklat. In this case it seems from the Gemara (Makos 10b) that although if
the Goel Hadam does kill the murdere he is innocent-he doesn't have any
obligation to do so. (In fact the gemara says that the beis din sends along
2 talmidei chachamim to persuade the Goel Hadam not to do anything.)... >  >

The Rambam Murder 5:9 says >  He is FREE (from penalty)<    because it says  >  He
will not have a judicial process of death<

I interpret this to mean that he is innocent FROM A PENALTY but HE STILL
violates  >  Thou shall not kill<

(I don't believe this contradicts what Chaiim says)

Russell Hendel; Phd ASA; ModeratoR Rashi Is Simple