משנה: וּמַעֲלוֹת הָיוּ שָׂכָר לַלְוִיִּם דִּבְרֵי רִבִּי יְהוּדָה. רִבִּי מֵאִיר אוֹמֵר לֹא הָיו מַעֲלוֹת לָהֶן שָׂכָר. וְחוֹזֵר לִשְׂרָרָה שֶׁהָיָה בָהּ דִּבְרֵי רִבִּי מֵאִיר. רִבִּי יְהוּדָה אוֹמֵר לֹא הָיָה חוֹזֵר לִשְׂרָרָה שֶׁהָיָה בָהּ׃ MISHNAH: They68The feminine form of the verb is confirmed by the readings of Maimonides and Rashi, as well as the Munich ms. of the Babli. In the Babli, the question is raised whether the homicide (reading מעלים) pays rent or his hometown (reading מעלות) pays indemnity to the Levites in either the city of refuge or the 42 additional Levitic cities which also serve as cities of asylum. Since neither Sifry nor the Yerushalmi mention this, it seems that the Yerushalmi recognizes only the six cities of refuge as proper places of asylum. were paying rent to the Levites, the words of Rebbi Jehudah. Rebbi Meïr said, they were not paying rent. He returns to the office he held earlier69The public office held by the homicide before his exile. The question is whether the homicide is barred from holding public office upon his return., the words of Rebbi Meïr; Rebbi Jehudah says, he does not return to the office he held earlier.
הלכה: [מַעֲלוֹת הָיוּ שָׂכָר לַלְוִיִּם.] תַּנֵּי רִבִּי יוּדָה אוֹמֵר. לְמַחְלוֹקֶת נִיתְּנוּ. רִבִּי יוֹסֵי אוֹמֵר. לְבֵית דְִּירָה נִיתְּנוּ. וַתְייָא דְרִבִּי יוֹסֵי כְרִבִּי יוּדָה. וּדְרִבִּי מֵאִיר כְדַעְתֵּיהּ. דְּתַנִּינָן. מַעֲלוֹת הָיוּ שָׂכָר לַלְוִיִּים דִּבְרֵי רִבִּי (מֵאִיר) [יְהוּדָה]. רִבִּי (יְהוּדָה) [מֵאִיר] אוֹמֵר לֹא הָיו מַעֲלוֹת שָׂכָר לַלְּוִיִּם. HALAKHAH: 139The text in brackets is from G. Here starts the discussion of Mishnah 15. The text in parentheses is from the Leiden ms. The correct quote of the Mishnah is in G.[They68The feminine form of the verb is confirmed by the readings of Maimonides and Rashi, as well as the Munich ms. of the Babli. In the Babli, the question is raised whether the homicide (reading מעלים) pays rent or his hometown (reading מעלות) pays indemnity to the Levites in either the city of refuge or the 42 additional Levitic cities which also serve as cities of asylum. Since neither Sifry nor the Yerushalmi mention this, it seems that the Yerushalmi recognizes only the six cities of refuge as proper places of asylum. were paying rent to the Levites.] 140Maˋaser Šeni 5:8, Notes 165–167. The question is whether individual houses in Levitic cities were private or tribal property, as explained there. Even though three sources (the Leiden ms. here and in Maˋaser Šeni and G here) confirm the text “R. Yose said, they were given as dwellings” one must read “R. Meïr”, as shown. R. Yose holds with R. Jehudah in Mishnah Maˋaser Šeni 5:9. In the Makkot.13a">Babli (13a) it is held that the six cities of refuge were tribal property; for the other 42 Levitic cities the dispute is not resolved. It was stated: Rebbi Jehudah says, they were given to be distributed. Rebbi Yose said, they were given as dwellings. It turns out that Rebbi Yose holds with Rebbi Jehudah, and Rebbi Meïr follows his own opinion as we have stated: “They68The feminine form of the verb is confirmed by the readings of Maimonides and Rashi, as well as the Munich ms. of the Babli. In the Babli, the question is raised whether the homicide (reading מעלים) pays rent or his hometown (reading מעלות) pays indemnity to the Levites in either the city of refuge or the 42 additional Levitic cities which also serve as cities of asylum. Since neither Sifry nor the Yerushalmi mention this, it seems that the Yerushalmi recognizes only the six cities of refuge as proper places of asylum. were paying rent to the Levites, the words of Rebbi (Meïr) [Jehudah]. Rebbi (Jehudah) [Meïr] said, they were not paying rent to the Levites.”
רָבָא בְשֵׁם רַב יוּדָה רִבִּי זְעִירָא בְשֵׁם מַר עוּקְבָּא. אֵין מְקַדְּדִין אֶלָּא בְחֶבֶל שֶׁלַּחֲמִשִּׁים אַמָּה. רִבִּי זֵירָא בְשֵׁם רַב חִסְדָּא אוֹמֵר. אֵין מְקַדְּדִין לֹא בְעָרֵי הַלְּוִיִּם וְלֹא בִמְקוֹם עֶגְלָה עֲרוּפָה. וַתְייָא כְמָאן דְּאָמַר. אֶלֶף אַמָּה מִגְרָשׁ וְאַלְפַּיִים תְּחוּם שַׁבָּת. בְּרַם כְּמָאן דָּמַר. אֶלֶף מִגְרָשׁ וְאַלְפַּיִים שָׂדוֹת וּכְרָמִים. כְּלוּם לָֽמְדוּ לִתְחוּם שַׁבָּת לֹא מִתְּחוּם עָרֵי לְוִיִים. לְעִיקָּר אֵין מְקַדְּדִין לַטְּפֵילָה מְקַדְּדִין. 141This text is also in Sotah 5:3:2-4" href="/Jerusalem_Talmud_Sotah.5.3.2-4">Sotah 5:5, explained in detail in Notes 120–123 and Eruvin 5 (22d l. 26). In these sources, the deviations from the text here and the inclusion of the remark about burial, irrelevant for the topics of the other quotes, make it clear that the text here is the source.
The problem is whether the 1000 or 2000 cubits of surrounding territory given to Levitic cities (Numbers.35.4">Num. 35:4,Numbers.35.5">5) have to be measured with a measuring rope hugging the terrain or with ropes following the terrain being held horizontally each time. This second way, called “strip-measuring” amounts to measuring the distances on a map onto which the geographic features have been orthogonally projected. The Eruvin.58b">Babli (Eruvin 58b) and also the Yerushalmi Eruvin (5, 22d l. 9) more reasonably require that strip-measuring be done by ropes four cubits long. Rebbi Abba in the name of Rebbi Jehudah, Rebbi Zeˋira in the name of Mar Uqba: One strip-measures only with a rope of 50 cubits. Rebbi Zeˋira in the name of Rav Ḥisda: One strip-measures neither for the Levitic cities nor for the place of breaking the calf’s neck. This would be acceptable for him who says, 1000 cubits of open space and 2000 cubits of Sabbath domain. But for him who says, 1000 cubits of open space and 2000 cubits of fields and vineyards, did they not learn the Sabbath domain from the Levitic cities? For the main thing one does not strip-measure; does one strip-measure for the derivative?
וּמָנַיִין שֶׁלֹּא יְהוּ קוֹבִרִין בְּעָרֵי הַלְּוִיִּם. רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹסֵי בַּר חֲנִינָה. וּמִגְרְשֵׁיהֶ֗ם יִהְי֤וּ לִבְהֶמְתָּם֙ וְלִרְכוּשָׁם וּלְכֹ֖ל חַייָתָם׃ לַחַיִים נִיתְּנוּ וְלֹא לִקְבוּרָה נִיתְּנוּ. From where that one does not bury in Levitic cities? Rebbi Abbahu in the name of Rebbi Yose bar Ḥanina: And their open spaces shall be for their animals, and their property, and all their lives142Numbers.35.3">Num. 35:3. The Makkot.12a">Babli, 12a, exempts homicides from burial outside the town limits on the basis of Mishnah 11.. They were given for living; they were not given for burial.