The Death Penalty and Cities of Refuge A Journey Through Mishnah

(1) The following are exiled [to the Ir Miklat]: one who kills a peron accidentally. If one was pushing a roller [on a roof] and it fell on [a bystander] and killed them, or if one was lowering a barrel [from a roof] and it fell and killed [a bystander], or if one was descending a ladder and fell and killed [a bystander], all of these cases [the killer] is exiled. However, if one was pulling a roller and it fell and killed the person, or if one was raising a barrel and the rope tore and it fell and killed a person, or if one was climbing a ladder and fell and killed a person, in these cases [the killer] would not be exiled. This is the principle: If the killer was involved in a downward movement, they are exiled. If it is not a downward movement they are not exiled. If the blade came off the handle and killed, Rebbi says that one is not exiled but the Sages say that one is exiled. If it came from the wood being chopped, Rebbi says that one is exiled but the Sages say that one is not exiled.

If one was descending a ladder. There are those that say that the Tanna formulated the mishnah in the sequence: Not only this, but even that. Not only is it certain that one who was pushing a roller on a roof is exiled, for why were they not careful? But, so too for one who was lowering a barrel, as it is appropriate to be careful so as not to break one's barrel, so if it falls and kills another, one is exiled. Not only this, but even if one was descending a ladder one needs to be careful in order to not fall, so if one falls and kills they are exiled.

(2) One who throws a rock into the public domain and it kills someone, that one is exiled. Rabbi Eliezer ben Yaakov says: if the person stuck their head into the public domain only after the stone left [the killer's] hand, that one is exempt. If one threw the stone into one's own courtyard and it killed, if the victim had permission to be there, that one is exiled, but if the victim did not have permission, that one is not exiled, as it says, "If one comes upon their fellow in the woods..." (Deuteronomy 19:5). Just as the woods is open to both the victim and the perpetrator to enter there, this excludes a privately owned courtyard where both the victim (and the perpetrator) do not have permission to be there. Aba Shaul says: Just as chopping wood is optional, [so too one is only exiled for optional activities] this excludes a father beating his son, a teacher disciplining a student, and the messenger of the courts.

One who throws a rock into the public domain and it kills someone, that one is exiled. It might occur to one that this is close to an intentional murder because one threw the rock into the public domain and did not check beforehand. Therefore we are informed that this one is exiled but only if one threw into a place where it is not customary for people to sit there at that time, but rather by chance one was there, thus it is not regarded as intentional and this one is exiled. And Rabbi Eliezer Ben Yaakov brought proof from what is said, "If one comes upon their fellow," this comes to exclude that one who causes themselves to be found. The law is like Rabbi Eliezer Ben Yaakov and like Abba Shaul.

This excludes a father beating his son. To turn him to a different path (Rashi.) See the explanation in the following mishnah.

(3) A father can be exiled on account of (killing his) son and a son can be exiled on account of (killing his) father. All are exiled on account of (killing) an Israelite and an Israelite is exiled on account of (killing) them, except for a resident alien. A resident alien is only exiled on account of (killing) a resident alien. A blind person is not exiled, these are the words of Rabbi Yehudah. Rabbi Meir says a blind person is) exiled. A known enemy is not exiled. Rabbi Yose bar Yehuda says: a known enemy is killed because they are as one who is habitual. Rabbi Shimon says: some known enemies are exiled and some are not exiled. This is the general rule: anyone who we can say that they killed with intent is not exiled. If they killed without intent, they are exiled.

A father can be exiled on account of killing his son. When he strikes him not to teach him Torah or ethics or a trade.

An Israelite is exiled on account of (killing) them, except for a resident alien... for if they killed an Israelite accidentally, they are not exiled but rather killed.

A blind person is not exiled. As it is written, "Inadvertently" (Num. 35:23) to exclude the blind.

(4) To where are they exiled? To the cities of refuge: Three on the east side of the Jordan River and three in the land of Canaan, as it says, "Give three cities on this side of the Jordan and give three cities in the land of Canaan." (Numbers 35:14) Until the three were chosen in the land of Canaan, the three on the east side of the Jordan did not absorb [protect], as it says, "These six cities" (Numbers 35:15), until all six can absorb at the same time.

To where are they exiled? To the cities of refuge: Three on the east side of the Jordan River, etc... Don't all 42 Levite cities all provided refuge? (What makes these different?) These six, every one who entered there, intentionally or unintentionally, were saved (from the blood redeemer.) (The other cities) if one arrived in one of them and knew that it provided refuge they saved you, but if one didn't know that it provided refuge they did not save you, rather the blood redeemer kills that one.

(5) And roads were designated from one [city] to the next, as it says, "Prepare the road and divide in thirds..." (Deuteronomy 19:3). Two scholars were provided to them [the killer] lest they [the avenger] kill them on the road and they [the scholars] speak with the avenger. Rabbi Meir says: One speaks for one's self, as it says, "And this is the matter/word of the murderer..." (Deuteronomy 19:4)

And roads were designated for them. They made the roads so that it directed towards the cities of refuge so that the murderer would err on the way. "Refuge, Refuge" was written along the way, so that the murderer would recognize (the way) and turn there.

They speak with the avenger. They speak with the blood redeemer, "Do not follow the tradition of those who shed blood, by accident this whole matter occurred."

(6) Rabbi Yose bar Yehuda says: At the outset, both neglectful and purposeful arrive at the city of refuge. The court sends for them and takes one from there. One who is to be killed by the court, is executed, and the one who is to be exiled, they return them back to their place, as it says , "The community will return them to their city of refuge."(Numbers 35:25) (The death of) one who is annointed with oil (the high priest) and one who has additional clothes (a step in becoming the high priest) and one who used to be anointed, return the killer (from the city of refuge to their city of origin). Rabbi Yehudah says: even one who is annointed for the purposes of war returns the killer. Therefore, the mothers of priests provided food and clothes (to the residents of cities of refuge), so they would not pray for their sons to die. If the high priest died after one's judgment was rendered, that one is not exiled. If the high priest died before one's judgment was rendered and they appointed a new one and after that that one's judgment was rendered, that one is returned [home] with the death of the second.

So that they wouldn't pray for their sons to die. And they erred, for it was upon them to request compassion on their generation so that there should not occur amongst them this problem and they did not request.

(7) If one's judgment is rendered without a high priest, or if one kills the high priest, or a high priest who kills, those never leave there (the city of refuge). And one may not leave in order to testify for an obligatory purpose or for a monetary case or for a capital case. Even if Israel needs them, even if the head of the military of Israel like Yoav ben Zeruiah, they may not ever leave there. As it says , "Where they ran there" (Numbers 35:25), there must be their residence, there must be their death, there must be their burial. Just as the city absorbs, so too its outskirts [2,000 cubits from the edge of the city] absorb. A killer who leaves the outskirts and the blood avenger (next of kin) finds them, Rabbi Yose the Galilean says: (killing them) is an obligation of the blood avenger and optional for anyone. Rabbi Akiva says: (killing them) is optional for the blood avenger and any person is not liable for it. A tree which stands in the outskirts and its branches stretch out of the outskirts or if the tree stands out of the outskirts and its branches stretch into the outskirts, the ruling is everything is determined according to its branches. If one kills in the same city [the city of refuge], one is exiled from one neighborhood to another neighborhood. A Levite [the cities of refuge were owned by the Levites] who kills is exiled from one city to another.

Everything is determined according to the branches. In the Gemara it explains the idea of "according to the branches," that if the trunk is within the boundary of the city of refuge and its branches leaned outside the boundary, when one comes under its branches, they are saved, since the trunk is inside and the rule is that the branches follow the trunk. If the trunk is outside (the boundary) and the branches are inside, then the branches do not save, for the trunk does not save, and the rule is that the trunk follows after the branches for a stringency.

(8) Similarly, a killer who was exiled to their city of refuge and the people of that city want to honor them, they should say to them, "I am a killer." If they say "Nevertheless", they should accept it from them, as it says, "This is the matter [words] of the killer." (Deuteronomy 19:4) They would pay rent to the Levites, these are the words of Rabbi Judah. Rabbi Meir says: they do not pay them rent. (When one returns to their city of origin) they return to the status [authoity] that they had been, these are the words of Rabbi Meir. Rabbi Judah says: one would not return to the status that they had been.