Cities of Refuge: From Flight to Exile

(15) For the children of Israel, and for the stranger and for the settler among them, shall these six cities be for refuge, that every one that kills any person through error may flee there. (16) But if he struck him with an instrument of iron, so that he died, he is a murderer; the murderer shall surely be put to death. (17) And if he struck him with a stone in the hand, whereby a man may die, and he died, he is a murderer; the murderer shall surely be put to death. (18) Or if he struck him with a weapon of wood in the hand, whereby a man may die, and he died, he is a murderer; the murderer shall surely be put to death. (19) The avenger of blood shall himself put the murderer to death; when he meets him, he shall put him to death. (20) And if he pushed him out of hatred, or hurled at him any thing, lying in wait, so that he died; (21) or in enmity struck him with his hand, that he died; he that struck him shall surely be put to death: he is a murderer; the avenger of blood shall put the murderer to death when he meeteth him. (22) But if he pushed him suddenly without enmity, or hurled upon him any thing without lying in wait, (23) or with any stone, whereby a man may die, seeing him not, and cast it upon him, so that he died, and he was not his enemy, neither sought his harm; (24) then the congregation shall judge between the smiter and the avenger of blood according to these ordinances; (25) and the congregation shall deliver the manslayer out of the hand of the avenger of blood, and the congregation shall restore him to his city of refuge, to where he had fled; and he shall dwell there until the death of the high priest, who was anointed with the holy oil.

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

(2) One who throws a rock into the public domain and it kills someone, he is exiled. Rabbi Eliezer ben Yaakov says: if the person stuck his head into the public domain only after the stone left his [the killer's] hand, he is exempt. If he threw the stone into his courtyard and it killed, if the victim had permission to be there, he is exiled, but if he did not have permission, he is not exiled, as it says, "If he comes upon his 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) does 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 his student, and the messenger of the courts.

(2) [If one] intended to kill an animal and killed a person; [or intended to kill] a non-Jew and killed a Jew; [or intended to kill] a fetus that was not viable and killed a viable fetus, he is exempt. [If he] intended to strike another on his loins, without enough [strength] to kill him [by striking] his loins, and the blow hit him on his heart with enough strength to kill him, and he died, he is exempt. [If he] intended to strike another on his heart, with enough strength to kill him on his heart, and the blow hit him on his loins, without enough strength to kill him on his loins, and he died, he is exempt. [If he] intended to strike an adult, without enough strength to kill an adult, and the blow landed on a minor, with enough strength to kill a minor, and he died, he is exempt. [If he] intended to strike a minor, with enough strength to kill a minor, and the blow landed on an adult, without enough strength to kill an adult, and he died, he is exempt. However, [if he] intended to strike another on his loins with enough strength to kill him on his loins, and the blow landed on his heart, and he died, he is liable. [Similarly, if he] intended to strike an adult, with enough strength to kill an adult, and the blow landed on a minor, and he died, he is liable. Rabbi Shimon says, even [if he] intended to kill this one, and he killed that one, he is exempt.