Makkot #5 - Permissibility of Go'el Hadam to Kill: Concession or Credo?

(2) You may take her as your wife: The Torah speaks only in deference to the wicked inclination, for if God would not permit her [to him], he would take her illicitly. However, if he does marry her, he will ultimately come to hate her, as it says afterwards, "If a man has [two wives]" and ultimately he will father from her a wayward rebellious son. This is why these topics are placed one after the other.

But the custom which was in those days general among all men, and the general mode of worship in which the Israelites were brought up, consisted in sacrificing animals in those temples which contained certain images, to bow down to those images, and to bum incense before them; religious and ascetic persons were in those days the persons that were devoted to the service in the temples erected to the stars, as has been explained by us. It was in accordance with the wisdom and plan of God, as displayed in the whole Creation, that He did not command us to give up and to discontinue all these manners of service; for to obey such a commandment it would have been contrary to the nature of man, who generally cleaves to that to which he is used; it would in those days have made the same impression as a prophet would make at present if he called us to the service of God and told us in His name, that we should not pray to Him, not fast, not seek His help in time of trouble; that we should serve Him in thought, and not by any action. For this reason God allowed these kinds of service to continue; He transferred to His service that which had formerly served as a worship of created beings, and of things imaginary and unreal, and commanded us to serve Him in the same manner; viz., to build unto Him a temple; comp. "And they shall make unto me a sanctuary" (Exod. 25:8); to have the altar erected to His name; comp. "An altar of earth thou shalt make unto me" (ibid. 20:21); to offer the sacrifices to Him; comp. "If any man of you bring an offering unto the Lord" (Lev. 1:2), to bow down to Him and to bum incense before Him. He has forbidden to do any of these things to any other being; comp. "He who sacrificeth unto any God, save the Lord only, he shall be utterly destroyed" (Exod. 22:19); "For thou shalt bow down to no other God" (ibid. 34:14).

(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.

(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 he (a blind person is) exiled. A known enemy is not exiled. Rabbi Yose bar Yehuda says: a known enemy is killed because he is 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 he killed with intent is not exiled. If he killed without intent, he is exiled.

(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.

(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 him on the road and they [the scholars] speak with him. Rabbi Meir says: He speaks for himself, as it says, "And this is the matter/word of the murderer..." (Deuteronomy 19:4)

(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 him from there. One who is to be killed by the court, is executed, and the one who is to be exiled, they return him back to his place, as it says , "The community will return him to his 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 his 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 his judgment was renderd, he is not exiled. If the high priest died before his judgment was rendered and they appointed a new one and after that his judgment was rendered, he is returned [home] with the death of the second.

(7) If his judgment is rendered without a high priest, or if he kills the high priest, or a high priest who kills, those never leave there (the city of refuge). And he 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 him, even if the head of the military of Israel like Yoav ben Zeruiah, he may not ever leave there. As it says , "Where he ran there" (Numbers 35:25), there must be his residence, there must be his death, there must be his 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 him, Rabbi Yose the Galilean says: (killing him) is an obligation of the blood avenger and optional for anyone. Rabbi Akiva says: (killing him) is optional for the blood avenger and any person is not liable for it. A tree which stands in the outskirts and its branches stretche out of the outskirts or if the tree stands out of the outskirts and its branches stretche into the outskirts, the ruling is everything s determined according to its branches. If he kills in the same city [the city of refuge], he is exiled from one neighborhood to another neighborhood. A Levite [the cities of refuge was owned by the Levites] who kills is exiled from one city to another.

(8) Similarly, a killer who was exiled to his city of refuge and the people of that city want to honor him, he should say to them, "I am a killer." If they say "Nevertheless", he 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 he returns to his city of origin) he returns to the status [authoity] that he had been, these are the words of Rabbi Meir. Rabbi Judah says: he would not return to the status that he had been.