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Talking Talmud

Makkot 9: Is Ignorance of the Law a Good Defense?

04.17.2025 | י״ט בניסן תשפ״ה

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Are people responsible for doing the wrong thing when they thought it was permitted at the time that they did it, or to what extent is a person responsible for making sure he or she has knowledge of those permitted/prohibited actions? The example is a ger toshav – and the question of when punishing consequences kick in. That is, when does it seem close to deliberate, in contrast to the consequences all being left to God. With examples from the Torah where people were held responsible for transgressions they hadn’t known they were committing (for example, Avimelech when he thought Sarah and Avraham were siblings, leaving her permitted for Avimelech to take as a wife – though she wasn’t really). Also: 2 mishnayot – on the cities of refuge, and who can and cannot take refuge there. For example, a blind person cannot. An enemy of an “unintentional” killing cannot usually go to exile (and might be put to death for murder instead). Plus, the location of the 6 cities of refuge. Plus, initially, the killer ran to a city of refuge before the court judgement.

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Anne and Yardaena

Anne Gordon is the deputy editor of Ops & Blogs at The Times of Israel. She is a veteran educator, having taught in high school and post-high school institutions in Israel and America for several decades. Yardaena Osband is a pediatrician and teaches in her community and online. They both hail from Boston, proud alumna of Maimonides School, where they first learned Gemara. Talking Talmud is their conversation (via podcast) on the daf yomi. They say: “Learning the daf? We have something for you to think about. Not learning the daf? We have something for you to think about! (Along with a taste of the daf…) Join the conversation with us!”

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