Makkot 2:4-2:5

To where are they banished? To the cities of refuge, to the three cities situated on the far side of the Jordan and the three cities situated in Canaan, as it says, “Three cities shall be designated beyond the Jordan, and the other three shall be designated in the land of Canaan” (Numbers 35:14). Not until three cities were selected in the land of Israel did the [first] three cities beyond the jordan receive fugitives, as it says, “Six cities of refuge in all” (Numbers 35:13), until all six could simultaneously receive fugitives.

(10) Speak to the Israelite people and say to them: When you cross the Jordan into the land of Canaan, (11) you shall provide yourselves with places to serve you as cities of refuge to which a manslayer who has killed a person unintentionally may flee. (12) The cities shall serve you as a refuge from the avenger, so that the manslayer may not die unless he has stood trial before the assembly. (13) The towns that you thus assign shall be six cities of refuge in all. (14) Three cities shall be designated beyond the Jordan, and the other three shall be designated in the land of Canaan: they shall serve as cities of refuge. (15) These six cities shall serve the Israelites and the resident aliens among them for refuge, so that anyone who kills a person unintentionally may flee there.

(41) Then Moses set aside three cities on the east side of the Jordan (42) to which a manslayer could escape, one who unwittingly slew a fellow man without having been hostile to him in the past; he could flee to one of these cities and live: (43) Bezer, in the wilderness in the Tableland, belonging to the Reubenites; Ramoth, in Gilead, belonging to the Gadites; and Golan, in Bashan, belonging to the Manassites. (44) This is the Teaching that Moses set before the Israelites:

And direct roads were made leading from one to the other, as it says, “You shall prepare the way and divide the borders of your land into three parts” (Deut. 19:3). And they delegate to him two disciples of the Sages [as escorts] in case anyone attempted to slay him on the way, and that they might speak to him. Rabbi Meir says: “He may [even] plead his cause himself, as it says, “And this is the word of the manslayer” (Deut. 19:4).

(1) When the LORD your God has cut down the nations whose land the LORD your God is assigning to you, and you have dispossessed them and settled in their towns and homes, (2) you shall set aside three cities in the land that the LORD your God is giving you to possess. (3) You shall survey the distances, and divide into three parts the territory of the country that the LORD your God has allotted to you, so that any manslayer may have a place to flee to.— (4) Now this is the case of the manslayer who may flee there and live: one who has killed another unwittingly, without having been his enemy in the past. (5) For instance, a man goes with his neighbor into a grove to cut wood; as his hand swings the ax to cut down a tree, the ax-head flies off the handle and strikes the other so that he dies. That man shall flee to one of these cities and live.—

Rabbi Yose bar Judah says: “Initially a slayer is sent in advance to [one of] the cities of refuge, whether he had slain in error or with intent and then the court sends and brings him out. Whoever was found guilty of a capital crime the court had executed, and whoever was found not guilty of a capital crime they acquitted. Whoever was found liable to banishment they restored to his place [of refuge] as it says, “And the congregation shall restore him to the city of refuge to which he fled” (Numbers 35:25). All the same are [the deaths of] the high priest who had been anointed with the anointing oil; or had worn many garments, or had retired from his office all make possible the return of the manslayer. Rabbi Judah says also the [death of the] priest who had been anointed for war makes possible the return of the manslayer. Therefore, mothers of high priests would provide food and clothing for them [who had been exiled] that they might not pray for their son’s death. If the high priest died at the conclusion of the trial, the slayer does not go into banishment. If he died before the trial was concluded and another high priest was appointed in his stead and the trial was then concluded, the slayer returns [home from refuge only] after the latter’s death.

(25) The assembly shall protect the manslayer from the blood-avenger, and the assembly shall restore him to the city of refuge to which he fled, and there he shall remain until the death of the high priest who was anointed with the sacred oil.

§ The Gemara discusses the matter itself, and it cites the complete baraita: With regard to these cities of refuge, one does not establish them in small settlements or in large cities; rather, one establishes them in intermediate-sized towns. And one establishes them only in a place where water is available, and if there is no water available there, as there is no spring accessible from the city, one brings them water by digging a canal. And one establishes them only in a place where there are markets, and one establishes them only in a populated place, where there are many people who regularly frequent the town. If the population of the surrounding areas diminishes, one adds to it. If the number of residents in the city of refuge itself diminishes, one brings new residents to the city, among them priests, Levites, and Israelites.

(1) When the LORD your God has cut down the nations whose land the LORD your God is assigning to you, and you have dispossessed them and settled in their towns and homes, (2) you shall set aside three cities in the land that the LORD your God is giving you to possess. (3) You shall survey the distances, and divide into three parts the territory of the country that the LORD your God has allotted to you, so that any manslayer may have a place to flee to.—

The court is required to build direct roads to the cities of refuge, to keep them in repair and to have them made wide. All obstacles and obstructions must be removed from them — — in order not to delay an escaping person, as it is written: "You shall prepare the road" (19:3). Refuge, refuge was written on each crossroad, so that the homicides could know where to turn.

Jährlich, am fünfzehnten Adar, sendet das Gericht Beauftragte zur Instandsetzung der Straßen hinaus, welche alle schadhaften Stellen ausbessern müssen, und wenn sich das Gericht hierin nachlässig erweist, so rechnet die Schrift es ihm so an, als hätte es Blut vergossen.

The baraita continues: And one may not sell weapons or hunting tools in the cities of refuge, to prevent the blood redeemer from gaining access to means that he could exploit to kill the unintentional murderer who fled to the city of refuge; this is the statement of Rabbi Neḥemya. And the Rabbis permit selling weapons and hunting tools. And Rabbi Neḥemya and the Rabbis agree that one may not spread nets in the cities of refuge, nor may they braid [mafshilin] ropes in those cities, so that the foot of the blood redeemer will not be found there. If the blood redeemer were to enter the city of refuge to purchase nets or ropes, he is apt to encounter the murderer and kill him.

Rabbi Yitzḥak says: What is the verse from which these matters are derived? It is written: “And he shall flee to one of these cities and live” (Deuteronomy 4:42), meaning: Perform some actions for the unintentional murderer so that life in the city of refuge will be conducive to living for him. All these steps are taken to facilitate that objective.

The Sages taught: In the case of a student who was exiled, his teacher is exiled to the city of refuge with him, so that the student can continue studying Torah with him there, as it is stated: “And he shall flee to one of these cities and live,” from which it is derived: Perform some actions for the unintentional murderer so that life in the city will be conducive to living for him. Since Torah study is an integral component of his life, arrangements must be made to ensure continuity in that facet of his existence. Rabbi Zeira says: From here one learns that a person should not teach a student who is not fit, as that may result in the teacher following the student into exile.

(41) Then Moses set aside three cities on the east side of the Jordan (42) to which a manslayer could escape, one who unwittingly slew a fellow man without having been hostile to him in the past; he could flee to one of these cities and live:

The Sages taught: In the case of a student who was exiled, his teacher is exiled to the city of refuge with him, so that the student can continue studying Torah with him there, as it is stated: “And he shall flee to one of these cities and live,” from which it is derived: Perform some actions for the unintentional murderer so that life in the city will be conducive to living for him. Since Torah study is an integral component of his life, arrangements must be made to ensure continuity in that facet of his existence. Rabbi Zeira says: From here one learns that a person should not teach a student who is not fit, as that may result in the teacher following the student into exile.

Rabbi Yoḥanan says: In the case of a teacher of Torah who was exiled, his school is exiled with him. The Gemara asks: Is that so that a teacher of Torah is exiled? But doesn’t Rabbi Yoḥanan himself say: From where is it derived that matters of Torah provide refuge, i.e., that the blood redeemer may not harm one who is engaged in Torah? It is derived from a verse, as it is stated: “Bezer in the wilderness, in the flatlands, for the Reubenites; and Ramoth in Gilead, for the Gadites; and Golan in Bashan, for the Manassites” (Deuteronomy 4:43), in the list of cities of refuge designated by Moses, and it is written thereafter: “And this is the Torah” (Deuteronomy 4:44). Based on that juxtaposition it is derived that the status of Torah is like that of a city of refuge.

The Gemara answers: This is not difficult, as this statement of Rabbi Yoḥanan, that the status of Torah is like that of a city of refuge, is referring to Torah at the time that one is engaged in its study, and that statement of Rabbi Yoḥanan, that the teacher of Torah must take his school to the city of refuge, is referring to the teacher of Torah at the time that he is not engaged in its study. His mere presence in a city of refuge provides him with continuous protection.

And if you wish, say: What is the meaning of Rabbi Yoḥanan’s statement that matters of Torah provide refuge? It means protection, but not for an unintentional murderer from the blood redeemer; rather, it means protection from the Angel of Death. This is as it was in this incident where Rav Ḥisda was sitting and studying in the study hall of Rav and the agent of the Angel of Death was unable to approach him and take his life because his mouth was not silent from his study for even a moment. The agent ascended and sat on the cedar tree of the study hall of Rav. The cedar tree broke and Rav Ḥisda was momentarily silent, startled by the sudden noise, and the agent of the Angel of Death overcame him. Apparently, matters of Torah provide protection from the Angel of Death only when one is actively engaged in their study.

§ The mishna teaches: And roads were aligned for them from this city to that city. It is taught in a baraita that Rabbi Eliezer ben Ya’akov says:

Refuge was written on signs at every crossroads marking the path to a city of refuge, so that the unintentional murderer would identify the route to the city of refuge and turn to go there. Rav Kahana said: What is the verse from which this is derived? “Prepare for you the road” (Deuteronomy 19:3), meaning: Perform for you preparation of the road.

§ Apropos that halakha, the Gemara cites that Rav Ḥama bar Ḥanina introduced this portion with regard to the halakhot of exile with an introduction from here: “Good and upright is God; therefore He directs sinners along the way” (Psalms 25:8). He said: If He directs sinners by commanding the placing of signs directing them to the city of refuge, it may be inferred a fortiori that He will assist and direct the righteous along the path of righteousness.

Rabbi Shimon ben Lakish introduced this portion with an introduction from here: It is stated with regard to an unintentional murderer: “And one who did not lie in wait, but God caused it to come to his hand, and I will appoint you a place where he may flee” (Exodus 21:13). Now this is puzzling. Why would God cause one to sin in this manner? The verse states: “As the ancient parable says: From the wicked comes forth wickedness” (I Samuel 24:13). Evil incidents befall those who have already sinned.

Reish Lakish explains: In this light, the verse “But God caused it to come to his hand” may be understood. With regard to what scenario is the verse speaking? It is with regard to two people who killed a person, where one killed unintentionally while the other killed intentionally. For this person there are no witnesses to his action, and for that person there are no witnesses to his action; therefore, neither received the appropriate punishment of exile and execution, respectively. The Holy One, Blessed be He, summons them to one inn. This person who killed intentionally sits beneath a ladder, and that person who killed unintentionally descends the ladder, and he falls upon him and kills him. There were witnesses to that incident and therefore, that person who killed intentionally is killed, and that person who killed unintentionally is exiled, each receiving what he deserved.

Apropos the path upon which God leads people, the Gemara cites a statement that Rabba bar Rav Huna says that Rav Huna says, and some say it was a statement that Rav Huna says that Rabbi Elazar says: From the Torah, from the Prophets, and from the Writings one learns that along the path a person wishes to proceed, one leads and assists him.

One learns this from the Torah, as it is written that initially God said to Balaam with regard to the contingent dispatched by Balak: “You shall not go with them” (Numbers 22:12). After Balaam implored Him and indicated his desire to go with them, it is written: “Arise, go with them” (Numbers 22:20). One learns this from the Prophets, as it is written: “I am the Lord your God, Who teaches you for your profit, Who leads you on the path that you go” (Isaiah 48:17), indicating that along the path that one seeks to go, God will direct him. One learns this from the Writings, as it is written: “If one seeks the cynics, He will cause him to join the cynics, but to the humble He will give grace” (Proverbs 3:34), indicating that if one chooses cynicism God will direct him there and if he opts for humility God will grant him grace.

§ The Gemara resumes its discussion of the halakhot of exile. Rav Huna says: In the case of an unintentional murderer who was exiled to a city of refuge, and the blood redeemer found him on the way and killed him, he is exempt. The Gemara notes: Rav Huna holds that the verse: “Lest the blood redeemer pursue the murderer…and strike him fatally…and for him there is no sentence of death, as he did not hate him from before” (Deuteronomy 19:6), is written with regard to the blood redeemer, teaching that the blood redeemer is not liable to be executed for killing the murderer.

The Gemara raises an objection to the opinion of Rav Huna from a baraita: “And for him there is no sentence of death”; the verse is speaking with regard to the unintentional murderer, teaching that the unintentional murderer is not liable to be executed. That is why the Jewish people were commanded to establish cities of refuge to protect him. The baraita proceeds to prove that the verse is written with regard to the murderer. Do you say that it is speaking with regard to the unintentional murderer, or is it speaking only with regard to the blood redeemer? When it states in an earlier verse: “And he did not hate him from before” (Deuteronomy 19:4), it is clear that the reference is to the unintentional murderer, and therefore, you must say that in the phrase: “And for him there is no sentence of death,” the verse is speaking with regard to the unintentional murderer.

The Gemara answers: Rav Huna states his opinion in accordance with the opinion of that following tanna, as it is taught in another baraita: “And for him there is no sentence of death”; the verse is speaking with regard to the blood redeemer. The baraita clarifies: Do you say that it is speaking with regard to the blood redeemer, or is it speaking only with regard to the unintentional murderer? When it states: “As he did not hate him from before,” the unintentional murderer is already stated, as that phrase certainly is referring to him. How do I realize the meaning of the verse: “And for him there is no sentence of death”? It is with regard to the blood redeemer that the verse is speaking.

The Gemara cites proof concerning Rav Huna’s ruling from the mishna. We learned in the mishna: And they would provide the unintentional murderer fleeing to a city of refuge with two Torah scholars, due to the concern that perhaps the blood redeemer will seek to kill him in transit, and in that case they will talk to the blood redeemer. The Gemara asks: What, is it not that the Torah scholars forewarn him that if he kills the unintentional murderer he would be liable to be executed? That contradicts Rav Huna’s opinion that a blood redeemer who kills the unintentional murderer is exempt.

The Gemara rejects this proof: No, the statement of the Torah scholars to the blood redeemer can be explained as it is taught in a baraita: And they will speak to him about matters appropriate to him. They say to the blood redeemer: Do not accord him treatment appropriate for murderers, as it was unintentionally that he came to be involved in the incident. Rabbi Meir says: The unintentional murderer too speaks [medabber] on his own behalf to dissuade the blood redeemer, as it is stated: “And this is the matter [devar] of the murderer, who shall flee there and live” (Deuteronomy 19:4), indicating that the murderer himself apologizes and speaks to the blood redeemer. The Sages said to Rabbi Meir: Many matters are performed more effectively through agency.

The Gemara analyzes the baraita. The Master says in the baraita: It was unintentionally that he came to be involved in the incident. The Gemara asks: Isn’t this obvious? As, if it were intentionally that he killed a person, is he liable to be exiled? The Gemara answers: Yes, even intentional murderers flee to a city of refuge on occasion.

The Gemara continues: And so it is taught in a baraita: Rabbi Yosei, son of Rabbi Yehuda, says: Initially, either one who killed another unintentionally or one who killed another intentionally would hurry and flee to the cities of refuge, and the court in his city would send for him and would bring him from there to stand trial.

The baraita continues: With regard to one who was found liable to receive the death penalty for intentional murder, after the trial the court would execute him, as it is stated: “And the elders of his city shall send and take him from there and deliver him into the hands of the blood redeemer and he shall die” (Deuteronomy 19:12). And with regard to one who was not found liable to receive the death penalty, e.g., if they deemed that it was due to circumstances beyond his control, they freed him, as it is stated: “And the congregation shall rescue the murderer from the hands of the blood redeemer” (Numbers 35:25). With regard to one who was found liable to be exiled, the court would restore him to his place in the city of refuge, as it is stated: “And the congregation shall judge between the murderer and the blood redeemer…and the congregation shall restore him to his city of refuge, that he fled there” (Numbers 35:24–25).

The baraita continues: Rabbi Yehuda HaNasi says: The Torah does not command intentional murderers to flee to a city of refuge; rather, the Torah is cognizant of the fact that in practice, intentional murderers would exile themselves on their own, as they thought that they would be admitted to these cities, which would provide refuge for both unintentional and intentional murderers, and they do not know that only those who murder unintentionally are admitted to these cities, but those who murder intentionally are not admitted.

The more comfortable their lives in the city of refuge, the less urgency they would feel to leave, and the less likely it would be that they would pray for the death of the High Priests. If, after the unintentional murderer’s verdict was decided and he was sentenced to exile, the High Priest died, he is not exiled, as the death of the High Priest exempts him from exile. If it was before his verdict was decided that the High Priest died and they appointed another in his place, and thereafter his verdict was decided, he returns from exile with the death of the second High Priest. If the verdict of a murderer was decided at a time when there was no High Priest, and likewise in the cases of one who unintentionally killed a High Priest and in the case of a High Priest who killed unintentionally, the unintentional murderer never leaves the city of refuge. And one who is exiled may not leave the city at all, either for testimony relating to a mitzva, or for testimony relating to monetary matters, or for testimony relating to capital matters. And even if the Jewish people require his services, and even if he is the general of the army of Israel like Joab ben Zeruiah, he never leaves the city of refuge, as it is stated: “And the congregation shall restore him to his city of refuge, that he fled there” (Numbers 35:25), from which it is derived: There shall be his dwelling, there shall be his death, there shall be his burial. The mishna continues: Just as an unintentional murderer is admitted to the city of refuge, so is he admitted to its outskirts, located within the Shabbat boundary. Once he entered the outskirts of the city, the blood redeemer may not kill him. In a case where a murderer emerged beyond the Shabbat boundary of the city of refuge and the blood redeemer found him there, Rabbi Yosei HaGelili says: It is a mitzva for the blood redeemer to kill him, and it is optional for every other person to do so. Rabbi Akiva says: It is optional for the blood redeemer, and every other person is liable for killing him. The previous mishna teaches that the halakhic status of the outskirts of the city is like that of the city itself in terms of the unintentional murderer being provided refuge there. The mishna adds: With regard to a tree that stands within the Shabbat boundary of a city of refuge, whose boughs extend outside the boundary, or a tree that stands outside the boundary and its boughs extend inside the boundary, the status of the tree, whether it is considered inside or outside the boundary, in all cases follows the boughs. If an unintentional murderer, exiled to a city of refuge, unintentionally killed a person in the same city, he is exiled from that neighborhood where he resided to another neighborhood within that city. And a Levite who is a permanent resident of a city of refuge and unintentionally killed a person is exiled from that city to another city.