The Mishnah Mishnah Makkot 2

English · Joshua Kulp

The following go into banishment: one who kills in error. If [for instance] while he was pushing a roller [on the roof] and it fell down and killed somebody; If while he was lowering a cask it fell down and killed somebody; If while coming down a ladder he fell on somebody and killed him, he goes into banishment. But, if while he was pulling up the roller it fell back and killed somebody; If while he was raising a cask and the rope snapped and the cask fell and killed somebody; If while going up a ladder he fell down and killed somebody, he does not go into banishment. This is the general principle: [whenever the death was caused] in the course of a downward movement, he goes into banishment, but [if it was caused] not in the course of a downward movement, he does not go into banishment. If the iron slipped from its heft and killed [somebody]: Rabbi says, “He does not go into banishment.” And the Sages say: “He goes into banishment.” If it flew from the log being split: Rabbi says, “He goes into banishment.” And the Sages say: “He does not go into banishment.”

2

English · Joshua Kulp

If a man threw a stone into the public domain and killed a person, he goes into banishment. Rabbi Eliezer ben Jacob says: “If after the stone had left his hand another person put out his head and caught it, the thrower is exempt [from banishment].” If a man threw a stone into his [own] court and killed a person, then, if the victim had a right of entry there, the thrower goes into banishment, and if not, he does not go into banishment, as it says, “As when a man goes into the forest with his neighbor” (Deut. 19:5): the forest is a domain accessible to the victim and to the slayer and it therefore excludes the court of the householder where the victim has no right of entry. Abba Shaul says: “Hewing of wood is an optional act and it therefore excludes a father beating his son, or a master disciplining his pupil, or an agent of the court [administering lashes].”

3

English · Joshua Kulp

The father goes into banishment for [the death of] his son, and the son goes into banishment for [that of] his father. All go into banishment for [the death of] an Israelite, and Israelites go into banishment on their account, except for a resident alien. And a resident alien does not go into banishment except for [the death of another] resident alien. A blind person does not go into banishment, the words of Rabbi Judah. Rabbi Meir says: “He goes into banishment.” An enemy does not go into banishment. Rabbi Yose bar Judah says: “An enemy is executed, for it is as if he has been warned.” Rabbi Shimon says: “There is an enemy that goes into banishment and there is an enemy that does not go into banishment: wherever it can be said that he had killed [his victim] wittingly, he goes not into banishment, and where he had slain unwittingly, he goes into banishment.

4

English · Joshua Kulp

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.

5

English · Joshua Kulp

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).

6

English · Joshua Kulp

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.

7

English · Joshua Kulp

If the trial was concluded when there was no high priest [in office], or if one kills a high priest, or a high priest that kills, [in these cases the manslayer] can never come away from that place [of refuge]. He [the manslayer] may not go out to bear witness, neither for cases having to do with a religious observance, nor to bear witness in a monetary suit, nor to bear witness in a capital case. Even should [all] Israel need him, and even a general like Yoav the son of Zeruiah, he may never go out, as it is said, “to there he fled”: ‘there’ must be his abode, ‘there’ his death, ‘there’ his burial. Just as the city affords asylum so does its Sabbath boundary afford asylum. If a manslayer went beyond the boundary [of the city] and the blood avenger found him: Rabbi Yose the Galilean says: “For the avenger it is a matter of obligation [to kill him]; for everyone else, a matter of option.” Rabbi Akiba says: “It is a matter of option for the avenger, and anyone else [who kills him] is not liable for doing so.” If a tree was standing within the boundary and its boughs extended beyond [the boundary] or if it was standing outside of the boundary and its boughs extended within, it wholly follows [the position of] the boughs. If he slew [someone] in that city [of refuge] he is banished from one neighborhood to another neighborhood. And a Levite is banished from one city to another.

8

English · Joshua Kulp

A manslayer who went to his city of his refuge and the men of that city wished to do him honor, should [refuse] by saying to them, “I am a manslayer!”. If they say to him, “Nevertheless” he should accept from them [the proffered honor], as it is said: “and this is the word of the manslayer.” They used to pay rent to the Levites, according to the words of Rabbi Judah. Rabbi Meir says: “They did not pay them rent.” And [on his return home] he returns to the office he formerly held, according to the words of Rabbi Meir. Rabbi Judah says: “He does not return to the office he formerly held.”

Mishnah Makkot 2

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