Mishna+ gemara

The mishna continues: Therefore, the mothers of High Priests would provide those exiled to cities of refuge with sustenance and garments so that they would not pray that their sons would die. 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.

GEMARA: The Gemara asks: From where are these matters, that the death of these High Priests facilitates the return of the murderer, derived? Rav Kahana said they are derived from a verse, as the verse states: “And he shall dwell there until the death of the High Priest who was anointed with the sacred oil” (Numbers 35:25), and it is written: “For in his city of refuge he shall dwell until the death of the High Priest” (Numbers 35:28), and it is written: “And after the death of the High Priest the murderer shall return to his ancestral land” (Numbers 35:28). The three mentions of the death of the High Priest correspond to the three types of High Priest enumerated by the first tanna of the mishna: One anointed with oil, one consecrated by donning the eight vestments, and one who was relieved of his position.

MISHNA: The Torah states that an unintentional murderer is required to remain in the city of refuge to which he fled until the death of the High Priest. The mishna elaborates: With regard to High Priests, who were appointed in several different manners, one anointed with the anointing oil, which was the method through which High Priests were consecrated until the oil was sequestered toward the end of the First Temple period; and one consecrated by donning multiple garments, the eight vestments unique to the High Priest, which was the practice during the Second Temple period; and one who received a temporary appointment due to the unfitness of the serving High Priest, who departed from his anointment with the restoration of the serving High Priest to active service, their deaths facilitate the return of the murderer from the city of refuge to his home. Rabbi Yehuda says: Even the death of a priest anointed for war to address the soldiers (see Deuteronomy 20:1–7) facilitates the return of the murderer.

The mishna enumerates those High Priests whose death facilitates the return of unintentional murderers to their homes from the city of refuge to which they fled. A dilemma was raised before the Sages: Is it only with the death of all of the High Priests enumerated in the mishna that the unintentional murderer returns, or perhaps it is even with the death of one of them that he returns?

The mishna teaches: 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 with the death of the second High Priest. The Gemara asks: From where are these matters derived? Rav Kahana said that they are derived from a verse, as the verse states: “And he shall dwell there until the death of the High Priest, whom he anointed with the sacred oil” (Numbers 35:25). Now is it the unintentional murderer who anoints the High Priest? Rather, the reference is to that High Priest who was anointed during his days, after he committed the unintentional murder.

Apropos curses that are realized, Rav Yehuda says that Rav says: With regard to the curse of a Sage, even if it is baseless, i.e., based on a mistaken premise, it nevertheless comes to fruition and affects the object of the curse. From where do we derive this? It is derived from this incident involving Ahithophel. When David dug the drainpipes in preparation for building the Temple, the waters of the depths rose and sought to inundate the world. David said: What is the halakha? Is it permitted to write the sacred name on an earthenware shard and throw it into the depths, so that the water will subside and stand in its place? There was no one who said anything to him. David said: Anyone who knows the answer to this matter and does not say it shall be strangled.

The mishna enumerates those High Priests whose death facilitates the return of unintentional murderers to their homes from the city of refuge to which they fled. A dilemma was raised before the Sages: Is it only with the death of all of the High Priests enumerated in the mishna that the unintentional murderer returns, or perhaps it is even with the death of one of them that he returns?

And some teach a variant reading of the mishna: Therefore, the mothers of High Priests would provide those exiled to cities of refuge with sustenance and garments, so that those exiled would pray that their sons will not die. The Gemara infers: The reason that the High Priests will not die is that they pray, but if they did not pray for the High Priest not to die, would the High Priest die? What could the High Priest have done to prevent the unintentional murder? Here, in Babylonia, we say an adage to describe a situation of that sort: Toviyya sinned and Zigud is flogged. Toviyya violated a prohibition and Zigud came as a single witness to testify against him. Since the testimony of a single witness is not valid in court, he is flogged for defaming Toviyya. The sinner is unpunished and the person who sought to testify against him is flogged. This became a colloquialism for a situation where one is punished for the sin of another.

GEMARA: The Gemara asks: From where are these matters, that the death of these High Priests facilitates the return of the murderer, derived? Rav Kahana said they are derived from a verse, as the verse states: “And he shall dwell there until the death of the High Priest who was anointed with the sacred oil” (Numbers 35:25), and it is written: “For in his city of refuge he shall dwell until the death of the High Priest” (Numbers 35:28), and it is written: “And after the death of the High Priest the murderer shall return to his ancestral land” (Numbers 35:28). The three mentions of the death of the High Priest correspond to the three types of High Priest enumerated by the first tanna of the mishna: One anointed with oil, one consecrated by donning the eight vestments, and one who was relieved of his position.

The mishna continues: Therefore, the mothers of High Priests would provide those exiled to cities of refuge with sustenance and garments so that they would not pray that their sons would die. 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.

The mishna continues: Therefore, the mothers of High Priests would provide those exiled to cities of refuge with sustenance and garments so that they would not pray that their sons would die. 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.

§ The Gemara cites a dispute with regard to a case where the murderer’s verdict was decided, i.e., he was sentenced to exile, and the High Priest filling the position at the time was deemed the son of a divorced woman or the son of a ḥalutza, and the High Priest was thereby disqualified from the priesthood. Rabbi Ami and Rabbi Yitzḥak Nappaḥa disagree with regard to this matter. One says: The priesthood died, i.e., it is as though the High Priest died, and all exiles return home from the city of refuge. And the other one says: The priesthood is voided, i.e., it is as though there was no High Priest filling the position during that period, and therefore, the exiles may never leave the city of refuge.

§ Abaye said: We have a tradition that with regard to an unintentional murderer whose verdict was decided and who was sentenced to exile, and he died before he was exiled to the city of refuge, one transports his bones to the city of refuge, and buries him there, as it is written: “To return and dwell in the land until the death of the priest” (Numbers 35:32). And what is the dwelling that is in the land? You must say it is referring to his burial. A Sage taught: If an unintentional murderer died in a city of refuge before the High Priest died, one transports his bones to the graves of his ancestors after the High Priest dies, as it is written: “The murderer shall return to his ancestral land” (Numbers 35:28). What is the dwelling that is taking place in his ancestral land? You must say it is his burial.

MISHNA: The Torah states that an unintentional murderer is required to remain in the city of refuge to which he fled until the death of the High Priest. The mishna elaborates: With regard to High Priests, who were appointed in several different manners, one anointed with the anointing oil, which was the method through which High Priests were consecrated until the oil was sequestered toward the end of the First Temple period; and one consecrated by donning multiple garments, the eight vestments unique to the High Priest, which was the practice during the Second Temple period; and one who received a temporary appointment due to the unfitness of the serving High Priest, who departed from his anointment with the restoration of the serving High Priest to active service, their deaths facilitate the return of the murderer from the city of refuge to his home. Rabbi Yehuda says: Even the death of a priest anointed for war to address the soldiers (see Deuteronomy 20:1–7) facilitates the return of the murderer.

The Gemara asks: But isn’t it taught in a baraita with regard to an unintentional murderer who emerged from the city of refuge unwittingly: And one who kills him intentionally is executed, and one who kills him unintentionally is exiled? The Gemara answers: This is not difficult, as this second baraita is in accordance with the opinion of the one who says that we say: The Torah spoke in the language of people, and no halakha is derived from the doubled form of the verb: Yatzo yetze, as it is merely a rhetorical flourish, and that first baraita is in accordance with the opinion of the one who says that we do not say: The Torah spoke in the language of people, and the compound verb was employed in order to derive that the blood redeemer may kill the unintentional murderer even if he emerged from the city of refuge unwittingly.

Abaye said: It stands to reason that the halakha is in accordance with the opinion of the one who says: The Torah spoke in the language of people, and the blood redeemer is liable for killing an unintentional murderer who emerged from the city of refuge unwittingly, in order to ensure that the ultimate punishment of the unintentional murderer, when he emerges from the city of refuge, will not be more severe than his initial punishment, when he is sentenced in court. Just as with regard to his initial punishment for murder, if he killed intentionally he is executed, and if he killed unintentionally he is exiled, so too, with regard to his ultimate punishment, if he emerges from the city of refuge intentionally he is killed by the blood redeemer, and if he emerges unwittingly he is returned to exile in the city of refuge.

MISHNA: 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.

§ It is taught in one baraita: In the case of a father who killed his son, his surviving son becomes his blood redeemer and may kill him. And it is taught in another baraita: His son does not become his blood redeemer. The Gemara suggests: Let us say that this baraita, which states that his son does become his blood redeemer, is in accordance with the opinion of Rabbi Yosei HaGelili. Since there is a mitzva for the blood redeemer to kill the murderer, this mitzva applies equally to a son. And that baraita, which states that a son does not become a blood redeemer to kill his father, is in accordance with the opinion of Rabbi Akiva, who holds that the blood redeemer has only the option, not a mitzva, to kill the murderer.

Abaye said: It stands to reason that the halakha is in accordance with the opinion of the one who says: The Torah spoke in the language of people, and the blood redeemer is liable for killing an unintentional murderer who emerged from the city of refuge unwittingly, in order to ensure that the ultimate punishment of the unintentional murderer, when he emerges from the city of refuge, will not be more severe than his initial punishment, when he is sentenced in court. Just as with regard to his initial punishment for murder, if he killed intentionally he is executed, and if he killed unintentionally he is exiled, so too, with regard to his ultimate punishment, if he emerges from the city of refuge intentionally he is killed by the blood redeemer, and if he emerges unwittingly he is returned to exile in the city of refuge.

Rava said that it can be explained as follows: In the case where its trunk is inside the boundary and its boughs outside, and the unintentional murderer was standing at its trunk, everyone agrees that the blood redeemer may not kill him, and when Rabbi Yehuda said that the trunk follows the boughs, he did not intend to include that case. If the murderer is standing among the boughs of the tree, and the blood redeemer is able to kill him with arrows and pebbles, everyone, including the Rabbis, agrees that the blood redeemer may kill him, as the boughs are outside the city.

GEMARA: Rav Kahana said: This dispute between Rabbi Yehuda and Rabbi Meir is with regard to payment of rent to the Levite landlords in the six cities of refuge designated in the Torah and in the book of Joshua, as one Sage, Rabbi Yehuda, holds that in the verse: “They shall be cities of refuge for you” (Numbers 35:11), the term “for you” means that the cities shall be for you only for providing refuge, and therefore they must pay rent to the Levites. And one Sage, Rabbi Meir, holds that the term “for you” means for all your needs; therefore, they are not required to pay rent. But with regard to the forty-two additional Levite cities, which also served as cities of refuge, everyone agrees that the unintentional murderers would pay rent to the Levite landlords.