Study Ketubot folio 38A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
this principle, that one cannot pay in lieu of execution, applies only when one intentionally killed him in an upward motion, for which no atonement is designated in the Torah for its unwitting performance. However, with regard to one who intentionally killed him in a downward motion, for which ato
Rava said to him: That principle is derived from that which the Sage of the school of Ḥizkiyya taught, as the Sage of the school of Ḥizkiyya taught: The verse juxtaposes the cases of one who smites a person, and one who smites an animal (Leviticus 24:21).
Just as in the case of one who smites an animal, you did not distinguish between one who did so unwittingly and one who did so intentionally; between one who acted with intent and one who acted with no intent; between one who smites in the course of a downward motion and one who smites in the course
Rather, Rami bar Ḥama said that the phrase “any ḥerem” (Leviticus 27:29) is necessary, as it might enter your mind to say that this halakha, that one who is liable to be executed is exempt from payment, applies only in a case where one blinded another’s eye and killed him with that same blow. Howeve
Rather, after the Talmud rejected the above explanations, Rav Ashi said: The phrase “any ḥerem” is nonetheless necessary, as it might enter your mind to say: Since it is a novel element that the Torah introduced with regard to the payment of a fine, which is not payment for any damage caused but