Study Makkot folio 9A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
שאין בה שוה פרוטה. דאמר רבי אמי אמר רבי יוחנן: הכהו הכאה שאין בה שוה פרוטה – לוקה. ולא מקשינן הכאה לקללה.
that does not have the capacity to cause damage worth one peruta, as R' Ami says that R' Yoḥanan says: Although one who strikes another pays damages and is not flogged, if he struck him with a blow that does not have the capacity to cause damage worth one peruta, since there is no payment, he is flogged for violating a Torah prohibition. The Talmud comments: And according to this opinion, contrary to those who hold that based on their virtual juxtaposition (see Exodus 21:15, 17) or on an analogy between them, the halakhot of striking and cursing are identical, we do not liken striking to cursing. Therefore, although one is flogged for cursing another only if the other comports himself as an observant, God-fearing Jew, one is liable for striking another even if the other was a sinner, e.g., a Samaritan.
חוץ מעל ידי גר תושב וכו׳. אלמא גר תושב גוי הוא. אימא סיפא: גר תושב גולה על ידי גר תושב! אמר רב כהנא: לא קשיא, כאן בגר תושב שהרג גר תושב, כאן בגר תושב שהרג ישראל.
§ The Mishnah teaches: Everyone is exiled due to their unintentional murder of a Jew, and a Jew is exiled due to all of them, except for when it is due to a ger toshav. And a ger toshav is exiled due to his unintentional murder of a ger toshav. The Talmud comments: Apparently, one may conclude that a ger toshav is a non-Jew, and therefore he is not exiled when he unintentionally kills a Jew. Say the latter clause of the Mishnah: A ger toshav is exiled due to his unintentional murder of a ger toshav, indicating that his halakhic status is not that of a non-Jew, as non-Jews are not liable to be exiled. There is an apparent contradiction between the two clauses in the Mishnah. Rav Kahana said: This is not difficult. Here, in the latter clause of the Mishnah, it is in the case of a ger toshav who killed a ger toshav that he is exiled; there, in the first clause, it is in the case of a ger toshav who killed a Jew. In the case described in the first clause he is not exiled, as his halakhic status is not that of a Jew, for whom the sin of unintentional murder of a Jew can be atoned through exile.