deuteronomy

What is the blessing? — ‘Blessed [are You, O Lord our God, King of the Universe] who has sanctified us by Your commandments, and commanded us to kindle the light of Hanukkah’. But where did He command us? “Do not turn aside” (Deuteronomy 17:11). R. Nahman b. Yitzchak said: “Ask your father, and he will tell you” (Deuteronomy 32:7)

is able to contain [what is put into it], and a full vessel cannot contain it but according to the ways of the Holy One, blessed be He, a full vessel is able to contain it while an empty one cannot; as it is said, “And it shall come to pass, if listening you shall listen” (Deuteronomy 28:8): if you listen, you will continue to listen, but if not, you will not listen. Another interpretation: If you will listen to the old, you will be able to listen to the new,” but if you turn your heart away, you will no longer listen” (Deuteronomy 30:17).

is able to contain [what is put into it], and a full vessel cannot contain it but according to the ways of the Holy One, blessed be He, a full vessel is able to contain it while an empty one cannot; as it is said, “And it shall come to pass, if listening you shall listen” (Deuteronomy 28:8): if you listen, you will continue to listen, but if not, you will not listen. Another interpretation: If you will listen to the old, you will be able to listen to the new,” but if you turn your heart away, you will no longer listen” (Deuteronomy 30:17).

Does R. Judah hold that the Eighth Day requires staying overnight? Has it not been taught: R. Judah says: From where do we know that Pesah Sheni does not require staying overnight? As it is said, "And you shall turn in the morning and go to you tents" (Deuteronomy 16:7) and [immediately afterwards] it is written, "Six days you shall eat matzot" thus implying that that which has six days [of observance] requires staying overnight, but that which does not have six days [of observance] does not require staying overnight. What does this exclude? Does this not exclude also the Eighth Day of the festival?

For it has been taught: R. Judah said "And you shall set it down" (Deuteronomy 26:8)— this refers to waving. You say that it refers to waving but perhaps it means literally "setting it down"? When it says, "And set it down," (26:4) setting down is mentioned. How then do I fulfill, "And you shall set it down"? That refers to waving

But perhaps it follows R. Eliezer b. Yaakov, for it has been taught, “And the priest shall take the basket out of your hand” (Deuteronomy 26:4) this teaches that bikkurim require waving, the words of R. Eliezer b. Jacob.

GEMARA. How do we know this? As our Rabbis taught, The verse], “And you shall be altogether joyful” (Deuteronomy 16:15) includes the night of the last day of the Festival. But perhaps it only refers to [the night of] the first day of the Festival? When it says, “akh” it divides.

Abaye stated: Alexander of Macedonia slew them all. Why were they so punished? Because they transgressed this verse: “You shall not return and come back on this way” (Deuteronomy 17:16) and they did return.

When he came he found them reading from the Torah, “The Lord will bring a nation against your from afar” (Deuteronomy 28:49) he said, “It should have taken my ships ten days” journey, but to arrive but a strong wind arose and they arrived in five days! He fell upon them and slew them.

R. Avira or, as some say, R. Joshua b. Levi, expounded: The Evil Inclination has seven names. 1) The Holy One, blessed be He, called it Evil, as it is said, “For the inclination of man’s heart is evil from his youth” (Genesis 8:21). 2) Moses called it a foreskin, as it is said, “Circumcise therefore the foreskin of your heart” (Deuteronomy 10:16). 3) David called it unclean, as it is said, “Create me a clean heart, O Lord,” (Psalms 51:12), which implies that there is an unclean one.

Our Rabbis taught: From where do we know that all the watches share equally in the sacrifices of the Festival? Scripture says, "And he comes with all the desire of his soul ... and he serves" (Deuteronomy 18:6). It might have been that the same applies to all the days of the year, Scripture says "From one of your gates" [meaning this:] I have said so, [says the Lord], Only when all Israel enters by one gate.

Scripture says, "They shall receive equal portions to eat," (Deuteronomy 18:8) meaning, as the division of the service [is equal for all], so is the division of the food. Now what food [could this mean]? If you will say that it means the sacrifices, do we not deduce that from a different verse, "It shall be the priest's that offers it?" (Leviticus 7:9). Rather this must refer to the showbread.

It might have been that the same applies also to obligatory offerings that are offered on the Festival, though not on account of the Festival, Scripture says, "Except for that which is sold according to the fathers’ houses" (Deuteronomy 18:8). Now what is it that the fathers have sold to each other? "I shall be in charge in my week and you in your week."

R. 'Abahu further said: The first rainfall is satisfactory if there is enough of it to enter the ground to the depth of a handbreadth; the second is satisfactory when the soil is fit to be used for sealing the mouth of a cask. R. Ḥisda said: If there is rainfall enough to make the soil fit to be used for sealing the mouth of a cask, the verse in Deuteronomy (11.17): "He will shut up (the heavens)," etc., has no application. R. Ḥisda further said: If rain fell before the reading of the verse just mentioned in the Shema', the verse in question no longer has application. Said 'Abbayi, this applies to the Shema' read in the evening, but if rain falls before the reading of the Shema' in the morning, the verse in question still has application, for R. Samuel, son of R. Isaac, said (Berakot, 59a): Those morning clouds have no real value, as it is written (Hos., 6.4): "Your goodness is as a morning cloud, and as the dew that early passeth away." Said R. Papa to 'Abbayi: But do not people say: "If there is rain at the opening of the doors (in the morning)—lay down thy bag, O ass-driver, and sleep"? That is no contradiction, for the proverb refers to a case when the rain pours down from a heavy cloud, while R. Samuel refers to a case when the rain comes from a light cloud.

What then is the reason of our Tanna? He draws an analogy between the two occurrences of the word perazi [villagers]. It is written here, “Therefore the Jews of the villages [haperazim],” and it is written in another place, “Beside the unwalled [haperazi] towns, a great many (Deuteronomy 3:5); just as there the reference is to towns which were [not] walled in the days of Joshua son of Nun, so here the reference is to towns which were [not] walled in the days of Joshua son of Nun.

Zevulun complained to the Holy One, blessed be he, saying: Master of the Universe! You gave my brothers fields and vineyards and to me you gave hills and mountains. You gave my brothers lands, and to me You gave lakes and rivers. [God] replied: They will all require you for the hilazon, as it says, “And the hidden treasures of the sand” (Deuteronomy 33:19).

[And they refused] until they found a verse written in the Torah, “Write this a memorial in a book” (Exodus 17:14) [which they expounded as follows]: “Write this,” what is written here and in Deuteronomy; “For a memorial,” what is written in the Prophets; “In a book,” what is written in the Megillah.

This is like the following tannaim. “Write this” what is written here. For a memorial” what is written in Deuteronomy. “In a book,” what is written in the Prophet, the words of R. Joshua. R. Elazar HaModai says: “Write this,” what is written here and in Deuteronomy; for a memorial,” what is written in the Prophets; “In a book,” what is written in the Megillah.

This is like the following tannaim. “Write this” what is written here. For a memorial” what is written in Deuteronomy. “In a book,” what is written in the Prophet, the words of R. Joshua. R. Elazar HaModai says: “Write this,” what is written here and in Deuteronomy; for a memorial,” what is written in the Prophets; “In a book,” what is written in the Megillah.

We have learned elsewhere: If any who has incurred the penalty of karet is flogged — they are exempt from karet, as it says, “Lest your brother should be dishonored in your eyes” (Deuteronomy 25:3) once he has been flogged, he is like thy brother, the words of R. Hananiah b. Gamaliel. R. Yohanan said: R. Hananiah b. Gamaliel’s colleagues disagreed with him on this point.

What is the reason [why] tefillin and mezuzahs [must be written in Hebrew]? — Because in reference to them it is written, “And they shall be”, (Deuteronomy 6:6) which implies, they shall be as they originally were. What cases are there of Aramaic which can be written in Hebrew? I grant you we find in the Torah “yegar sahaduta” (Genesis 31:47); but here [in the case of tefillin, and mezuzot] what Aramaic is there?

(Numbers 16:15); "I have taken not one valuable of theirs"; (Deuteronomy 4:19); "Which the Lord your God distributed to give light to all the peoples".

(Deuteronomy 17:3) "And he went and served other gods which I commanded should not be served."

for as it is written, “For you have not yet come to the rest and to the inheritance” (Deuteronomy 12:9). “Rest” here means Shiloh and “inheritance” means Jerusalem. The verse compares “inheritance” to “rest” [to show that] just as after the [destruction of the] “rest” it was again permitted, so after the [destruction of the] “inheritance” it is again permitted.

And they raised a contradiction with the following: R. Ishmael son of R. Yose said: Were these all? Has it not already been said, “Sixty cities, all the region of Argob”, And it is written, “All these were fortified cities with high walls” (Deuteronomy 3:4-5)? Why then did the Sages list these? Because when the exiles returned, they found these [still walled] and sanctified them.

R. Joshua b. Levi opened his discourse on this section from here: “And it shall come to pass that as the Lord rejoiced over you to do you good, so the Lord will rejoice over you to cause you to perish” (Deuteronomy 28:63).

Matanah made his introduction from this verse: “For what great nation is there that has God so near to them” (Deuteronomy 4:7). R. Ashi made it from here: “Or has God attempted to [take one nation from the midst of another nation] (Deuteronomy 4:34).

Matanah made his introduction from this verse: “For what great nation is there that has God so near to them” (Deuteronomy 4:7). R. Ashi made it from here: “Or has God attempted to [take one nation from the midst of another nation] (Deuteronomy 4:34).

“And it came to pass [vayehi] in the days of Ahashverosh: Rav said, [The word vayehi means] There was “voi” [trouble]. This is what is written, “And there you shall sell yourselves to your enemies for slaves and for bondwomen, and no man shall buy you” (Deuteronomy 28:68).

After he had trimmed his hair he put the garments on him, and said to him, Mount and ride. He replied: I am not able, as I am weak from the days of fasting. So Haman stooped down and he mounted [on his back]. When he was up he kicked him. He said to him: Is it not written in your books, “Rejoice not when your enemy fails” (Proverbs 24:17)? He replied: That refers to an Israelite, but in regard to you it is written, “And you shall step on their high places” (Deuteronomy 33:29).

“The Jews had light and gladness and joy and honor” (Esther 8:16). Rav Judah said: “Light” means the Torah, and so it says, “For the commandment is a lamp and the Torah is a light” (Proverbs 6:23). “Gladness” means a festival day; and so it says, “And you shall be glad on your festival” (Deuteronomy 16:14). “Joy” means circumcision; and so it says, “I rejoice at Your word” (Psalms 119:162).

“Honor” means tefillin, and so it says, “And all the peoples of the earth shall see that the name of the Lord is called upon you, and they shall be afraid of you” (Deuteronomy 28:10); and it has been taught: R. Elazar the Great says that this refers to the tefillin of the head.

“[And these words] shall be” (Deuteronomy 6:6) which implies, they shall be kept as they are. And what is the reason of the Sages? —Because Scripture says, “Hear” (Deuteronomy 6:4) which implies, in any language which you understand.

“[And these words] shall be” (Deuteronomy 6:6) which implies, they shall be kept as they are. And what is the reason of the Sages? —Because Scripture says, “Hear” (Deuteronomy 6:4) which implies, in any language which you understand.

But how do we know that this zekhirah refers to reading [out loud]? Perhaps it means reading with the eyes? Do not think such a thing, since it has been taught: “Remember” [zakhor] (Deuteronomy 25:17). Do not think such a thing, since it has been taught: “Remember” [zakhor] (Deuteronomy 25:17). This might be only with the mind? When it says, “Do not forget,” forgetting in one’s heart is already stated. How then can I fulfill “remember”? With one’s mouth.

But how do we know that this zekhirah refers to reading [out loud]? Perhaps it means reading with the eyes? Do not think such a thing, since it has been taught: “Remember” [zakhor] (Deuteronomy 25:17). Do not think such a thing, since it has been taught: “Remember” [zakhor] (Deuteronomy 25:17). This might be only with the mind? When it says, “Do not forget,” forgetting in one’s heart is already stated. How then can I fulfill “remember”? With one’s mouth.

R. Hiyya b. Abba also said in the name of R. Yohanan: What is the meaning of what is written, And on them was written according to all the words which the Lord spoke with you in the Mount” (Deuteronomy 9:10)? It teaches us that the Holy One, blessed be He, showed Moses the minute details of the Torah, and the minute details of the Scribes, and the innovations which would be introduced by the Scribes; and what are these? The reading of the Megillah.

And for the confession made over the tithe: As it is written, “And you shall say before the Lord your God, I have removed the sacred things from my house” (Deuteronomy 26:13), and in an adjacent context it says, “This day the Lord your God commands you” (26:16).

And for making the sotah drink: This is derived from the word “Torah” “Torah”. It is written here, “And the priest shall do to her all this Torah” (Numbers 5:30), and it is written elsewhere, “According to the Torah which they teach you and according to the judgement” (Deuteronomy 17:11):

The whole night is a proper time for harvesting the omer. As a master has said that harvesting and counting are at night and bringing is during the day. And for burning fat and limbs: As it is written, “All the night till the morning” (Deuteronomy 6:20).

GEMARA: A Tanna stated: This is not the case with [the public reading of] the Torah. From where does this rule come? R. Abbahu said: As the verse says, "But as for you, stand here with me" (Deuteronomy 5:28). R. Abbahu also said: Were it not written in the Scripture, it would be impossible for us to say it: as it were, the Holy One, blessed be He, also was standing.

R. Abbahu further said: How do we know that a rabbi should not sit on a couch and teach his students while they sit on the ground? Because it says, "But as for you, stand here with me." (Deuteronomy 5:27)

One verse says, "And I sat [va'eshev] on the mountain" (Deuteronomy 9:9), and another verse says, "And I stood on the mountain"(Deuteronomy 10:10): Rav says: He [Moses] stood when he learned and sat while he repeated [what he had learned]. R. Hanina said: He was neither sitting nor standing, but stooping. R. Yohanan said: Sitting here means only "staying", as it says, "And you stayed [teshvu] in Kadesh many days" (Deuteronomy 1:46). Rava said: The easy things [he learned] standing and the hard ones sitting

One verse says, "And I sat [va'eshev] on the mountain" (Deuteronomy 9:9), and another verse says, "And I stood on the mountain"(Deuteronomy 10:10): Rav says: He [Moses] stood when he learned and sat while he repeated [what he had learned]. R. Hanina said: He was neither sitting nor standing, but stooping. R. Yohanan said: Sitting here means only "staying", as it says, "And you stayed [teshvu] in Kadesh many days" (Deuteronomy 1:46). Rava said: The easy things [he learned] standing and the hard ones sitting

One verse says, "And I sat [va'eshev] on the mountain" (Deuteronomy 9:9), and another verse says, "And I stood on the mountain"(Deuteronomy 10:10): Rav says: He [Moses] stood when he learned and sat while he repeated [what he had learned]. R. Hanina said: He was neither sitting nor standing, but stooping. R. Yohanan said: Sitting here means only "staying", as it says, "And you stayed [teshvu] in Kadesh many days" (Deuteronomy 1:46). Rava said: The easy things [he learned] standing and the hard ones sitting

The Rabbis, however, hold that he does derive benefit, like R. Yose, as it has been taught: R. Jose said: ... All my life I was troubled by this verse, “And you shall grope at noonday as the blind gropes in darkness” (Deuteronomy 28:29). Now why should a blind person care whether it is dark or light?

Hanina said: Everything is in the hands of heaven except the fear of heaven as it says, “And now, Israel, what does the Lord your God ask of you but to fear” (Deuteronomy 10:12).

Our Rabbis taught: Wherever a disgraceful expression is written in the text, we read it in a more polite way. [Thus for] yishgalenah [we read] yishkavenah (Deuteronomy 28:30); [for] ba’afolim [we read] batehorim (Deut 28:27); [for] hiryonim [we read] divyonim (II Kings 6:25); [for] le’ekhol et horehem velishtot et meme shinehem [we read] le’ekhol et zo’atham velishtot et meme raglehem (II Kings 18:27); [for] lamahara’ot [we read] lemoza’ot (II Kings 10:27).

A strip went out from the portion of Judah into the portion of Benjamin, and in it the altar [of sacrifice] was built, and every day the righteous Benjamin was distressed over it, wanting to swallow it up, as it says, “Crouching over it all the day” (Deuteronomy 33:12). Therefore Benjamin merited becoming the host of the Shekhinah.

It was taught: R. Shimon b. Yohai said: Come and see how beloved are Israel to God—... every place to which they were exiled the Shekhinah (God’s Divine Presence) went with them. They were exiled to Egypt and the Shekhinah was with them, as it says, “Did I reveal myself to the house of your father when they were in Egypt” (II Samuel 2:27). They were exiled to Babylon, and the Shekhinah was with them, as it says, “For your sake I was sent to Babylon” (Isaiah 43:14). And when they will be redeemed in the future, the Shekhinah will be with them, as it says, “Then the Lord your God will return [with] your captivity” (Deuteronomy 30:3). It does not say here veheshiv [and He shall bring back] but veshav [and he shall return]. This teaches us that the Holy One, blessed be He, will return with them from the places of exile.

On Pesah we read from the portion of the festivals in Leviticus (Torat Kohanim) (Leviticus 23:4). On Shavuot, “Seven weeks” (Deuteronomy 16:9). On Rosh Hashanah “On the seventh day on the first of the month” (Leviticus 23:23). On Yom Hakippurim, “After the death” (Leviticus 16). On the first day of the Festival [of Sukkot] they read from the portion of the festivals in Leviticus, and on the other days of the Festival [of Sukkot] the [sections] on the offerings of the Festival.

On the last day of Pesah we read, “And it came to pass when God sent” (Exodus 13:17-15:26), and as haftarah, “And David spoke” (II Samuel 22:1-51). On the next day we read, “All the firstborn” (Deuteronomy 15:19-16:19), and for haftarah, “This very day” (Isaiah 10:32-12:6).

It is written in the Torah, “For the Lord your God, He is the God of gods and Lord of lords,” and it says immediately afterwards, “He executes justice for the orphan and widow” (Deuteronomy 10:17). It is repeated in the Prophets: “For thus said He who high aloft forever dwells, whose name is holy” and it says immediately afterwards, “I dwell on high, in holiness yet with the contrite and lowly spirit” (Isaiah 57:15). It is stated a third time in the [Sacred] Writings, as it is written: “Extol him that rides the clouds, the Lord is his name,” and immediately afterwards it is written, “A father of orphans and a judge of the widows” (Psalms 68:5-6).

On the last day of the festival we read, “All the firstlings” [but first we read] the commandments and statutes [which precede it], and then “all the firstlings” (Deuteronomy 15:19-16:17) and for haftarah, “And when Solomon had finished” (I Kings 8:54-9:1). On the next day we read, “And this is the blessing” (Deuteronomy 33:1-34:12), and for haftarah, “And Solomon stood” (I Kings 8:23-53).

On the last day of the festival we read, “All the firstlings” [but first we read] the commandments and statutes [which precede it], and then “all the firstlings” (Deuteronomy 15:19-16:17) and for haftarah, “And when Solomon had finished” (I Kings 8:54-9:1). On the next day we read, “And this is the blessing” (Deuteronomy 33:1-34:12), and for haftarah, “And Solomon stood” (I Kings 8:23-53).

On the Ninth of Av itself what is the haftarah? Rav said: “How (איכה) has she become a harlot” (Isaiah 1:21). What is the section from the Torah? It has been taught: Others say, But if you will not obey me” (Leviticus 26:14-46); R. Nathan b. Joseph says: “How long will this people despise me” (Numbers 14:11-25); and some say, “How long shall I bear this evil congregation” (Numbers 14:26-46). Abaye said: Nowadays the custom has been adopted of reading [from the Torah] “When you shall bear children” (Deuteronomy 4:25-40), and for haftarah, “I will utterly consume them” (Jeremiah 8:13-9:23).

Abaye said: This rule was taught only with regard to the curses in Leviticus, but the curses in Deuteronomy one may interrupt [their reading]. What is the reason? The former are stated in the plural and Moses said them on behalf of the Almighty. The latter are stated in the singular, and Moses said them in his own name.

Levi b. Buti was once reading the curses [in Deuteronomy] in the presence of R. Huna hesitatingly. R. Huna said to him:... Do just as you want, This rule was taught only with regard to the curses in Leviticus, but the curses in Deuteronomy one may interrupt [their reading].

Levi b. Buti was once reading the curses [in Deuteronomy] in the presence of R. Huna hesitatingly. R. Huna said to him:... Do just as you want, This rule was taught only with regard to the curses in Leviticus, but the curses in Deuteronomy one may interrupt [their reading].

It has been taught: R. Shimon b. Eleazar says:... Ezra established for Israel that they should read the curses in Leviticus before Shavuot and those in Deuteronomy before Rosh Hashanah. ... What is the reason? Abaye, or you may also say Resh Lakish said: So that the year may end along with its curses.

It makes sense in regard to the curses in Deuteronomy you can say, “so that the year should end along with its curses.” But as regards those In Leviticus, is Shavuot a New Year? Yes; Shavuot is also a New Year, as we have learned: On Shavuot is the new year for [fruit of] the tree.

They use it to drive a scriptural warning for false witnesses. And from where does Rabbi Meir derive the scriptural warning for false witnesses? Rebbi Yermiah says, he derives it from the verse (Deuteronomy 19, 20) "The remaining ones should hear, fear, and do no more evil".

[The Rabbis use the verse in Deuteronomy to drive] the proclamation [for false witnesses]. And Rabbi Meir derive the proclamation from the words "hear and fear".

GEMARA: From where is this known [that lashes can not be divided]? Abaye says, The word "rasha" (wicked person) is said by the laws of lashes (Deuteronomy 25, 2) and the word "rasha" is said by the laws of the death penalty (Numbers 35, 31). Just as there is no half of a death penalty, so too there is no half of lashes.

Rava says, We need to fulfill the requirement of (Deuteronomy 19, 19) "as he plotted to do his brother" and we can not. [He plotted to make his fellow liable a full forty lashes.] If so, than money should also [not be able to be divided]. Money combines, while lashes do not combine.

GEMARA: From ever do we know these words [that witnesses need to be personally disqualified to become zomemim]? Rav Ada says, The Torah says, (Deuteronomy 19: 18) "And behold, a false witness, he has testified falsely", [we derive that they doesn't become zomemim] until the body of the testimony [the witnesses themselves] get contradicted.

In the school of Rebbi Yishmeal it was taught, (Deuteronomy 19, 16) "to bear perverted testimony against him" [we derive from this verse that witnesses do nitty before zomemim] until the bodies of the testimony[the witnesses] become prevented.

MISHNA: Zomemim witnesses are nut executed until they succeed in having a verdict given for their victim. Because the tzudukim had said, Until they succeed in having their victim executed like the Torah says (Deuteronomy 19,21) "A soul for a soul".

The Sages said to them, But the Torah already says (Deuteronomy 19, 19), "And you should do to them [the zomemim] as they had plotted to do to their brother", which would imply that their brother [the victim] is still alive. If so then why does [the Torah] say, "a soul for a soul"? You might think that they [the zomemim] would be liable to be killed from the time that their testimony was accepted, Therefore the Torah says "a soul for a soul" to teach us that they [zomemim] aren't executed until they succeeded in having a verdict [for their victim].

MISHNA: (Deuteronomy 17,6) "By the mouth [the testimony] of two witnesses or three witnesses the [perpetrator] shall surely be put to death." If the testimony can be established with two [witnesses], why does the Torah specify three? Rather, the Torah is juxtaposing (three to two). Just as three [witnesses] can make two [witnesses] into zomemim, so too two [witnesses] can make three [witnesses] into zomemim. And from where do we know [that two witnesses can] even [make] one hundred [witnesses into zomemim]? The Torah teaches us this with the word "Witnesses".

Let the murderer and the sodomizer save them selves? He was silent. When he came before Rava, [Rava] told him, (Deuteronomy 19, 15) "The matter should be established" implies that the Torah is exclusively referring to those who establish the matter.

Rebbi Yosi says, A person is never executed unless he has two witnesses warn him, as the Torah says (Deuteronomy 17, 6), "by the mouths of two witnesses". Another interpretation of "by the mouths of two witnesses" is that the court cannot here a case through an interpreter.

GEMARA: Rav Zutra bar Tuvia said in the name of Rav, From where is it derived that a individual testimon[ies i.e separated]] isn't valid? That the Torah says (Deuteronomy 17, 6), "he shall not be executed by the mouth of one witness". What does the Torah mean with the word "one"? If it meant literally one witness, then I would know that from the beginning of the verse which says, "by the mouth of two witnesses". rather what does "one" mean? One and one. [separated]

If so then why does the Torah say (Deuteronomy 17,8) "In your gates"? In your gates [Isreal] you should set up courts in each and every district and in each and every city, but in the Diaspora you should set up [courts] in each and every district but you should not set up [courts] in each and every city.

Our Rabbis taught [in a baraita]: “Through error” (Numbers 35:11) this excludes acting willfully. “Without awareness” (Deuteronomy 19:4) this excludes intentionality.

“Without awareness” (Deuteronomy 19:4) excludes intentionality. Intentionality is obvious! He is liable for death!? Rabbah said: This excludes [when] he intends to kill an animal and kills a person, [when he intends to kill] a Cutite and kills a Jew, [when he intends to kill] a stillbirth and kills a viable infant.

“When a person comes upon his friend in a forest” (Deuteronomy 19:5) Just as in a forest it is permitted for the perpetrator and the victim to enter there [because it is public space], so too [the same rules apply in] any [place where it is] permitted for the perpetrator and the victim to enter there.

The one who threw a stone into his courtyard and he killed [someone], if there was permission for the victim to enter there, [the thrower] is exiled. And if [the victim does] not [have permission], he is not exiled. As it was said: “When a person comes upon his friend in a forest” (Deuteronomy 19:5). Just as in a forest it is permitted for the perpetrator and the victim to enter there [because it is public space], so too [the same rules apply in] any [place where it is] permitted for the perpetrator and the victim to enter there, except the courtyard [in which] the owner has not given permission to the victim (or the perpetrator) to enter there.

Rabbi Eliezer ben Yaakov says, etc. Our Rabbis taught [in a baraita]: And “and found [his neighbor]” (Deuteronomy 19:5) excludes the one who places himself [in danger]. From here [it follows that] Rabbi Eliezer ben Yaakov said: If, from when the stone left his hand, another person stuck out their head and received [the stone and was killed], he is exempt [from exile].

Rava returned and said: "I said nothing! [This is what I should have said:] 'When he comes with his friend into a forest' (Deuteronomy 19:5). What [does it mean] 'forest'? If he goes or if he didn't go [i.e. it's an optional act]. And if you were to think it were a mitzvah, could he be sufficient [in meeting his obligation] if he didn't go?"

What's the reason of Rabbi Yehudah? As it is written: "When he comes with his friend into a forest" (Deuteronomy 19:5)—even the blind person is included. "Without vision"—excludes him.

They prepared roads from each to the other, as it is said: 'Prepare yourself the road and split [the land] into thirds' (Deuteronomy 19:3).

They handed them [the manslayer] over to two students of the Sages lest the [blood avenger] kill him on the road, and they spoke with him [the blood avenger]. Rabbi Meir says: 'He [the manslayer] could (even) speak for himself, as it is said: "And this is the word of the murderer" (Deuteronomy 19:4).'

Rabbi Yitzhak said: "What is the [meaning of] the verse: 'And he will flee to one of these cities and live' (Deuteronomy 4:42)? We make him [the manslayer] something that can be his livelihood [in the city of refuge]."

It was taught [by a tanna]: "A student that is exiled—they exile his teacher with him." As it is said, "and live" (Deuteronomy 4:42)? We make him [the manslayer] something that can be his livelihood [in the city of refuge]. Rabbi Z'eira said: "From here [we learn] that one should not teach a student that is not discerning."

Rabbi Yohanan: "The teacher that is exiled—they exile his yeshiva with him." Is this so?! But Rabbi Yohan said: "From where [do we learn] that the words of Torah are effective at providing refuge? As it is said: 'Betzer in the wilderness...' (Deuteronomy 4:43), (and afterwards it is written) 'And this Torah' (Deuteronomy 4:44)"?! [I.e., why is a teacher being exiled at all? Why don't the words of Torah protect him?].

Rabbi Yohanan: "The teacher that is exiled—they exile his yeshiva with him." Is this so?! But Rabbi Yohan said: "From where [do we learn] that the words of Torah are effective at providing refuge? As it is said: 'Betzer in the wilderness...' (Deuteronomy 4:43), (and afterwards it is written) 'And this Torah' (Deuteronomy 4:44)"?! [I.e., why is a teacher being exiled at all? Why don't the words of Torah protect him?].

Rabbi Smalai expounded: "What is that which it was written, 'Then Moses separated three cities across the Jordan in the east (mizraha shamesh)' (Deuteronomy 4:41)? The Holy Blessed One said to Moses: 'The sun will rise (hizrah shemesh) on the murderers.'" There are those who say: "[God] said to [Moses]: "You caused the sun to rise (hazrahta shemesh) on the murderers."

"'Refuge' was written at crossroads in order that the murderer would recognise it and turn to there [the cities]." Rav Kahana said: "What is [the meaning of] the verse: 'Prepare for yourself the road' (Deuteronomy 19:3)? Make for yourself preparations for the road." [The point is that "prepare"/"takhin" is a word that has multiple meanings. Rav Kahana is clarifying that it should be translated here as "prepare"].

Rav Huna said: "A murderer that is exiled to a city of refuge, and the blood avenger finds him and kills him—he is exempt." He [Rav Huna] thinks "And for him there is no death penalty" (Deuteronomy 19:6)—about the blood avenger it is written. [Pay close attention to this verse and you will see that it's actually ambiguous, though at first it seems obvious what it means].

They challenged [from a baraita]: "'And for him there is no death penalty' (Deuteronomy 19:6)—about the murderer the verse speaks. You say it's about the murderer or perhaps it's actually about the blood avenger? When it says, 'And he didn't hate him recently' (Deuteronomy 19:4)—thus [you would] say that the verse is speaking about the murderer." [Just as the earlier phrase "he didn't hate him" is clearly referring to the murderer, so too when the phrase appears in verse 6 it is also referring to the murderer. Thus the rest of the verse should also be read as referring to the murderer].

They challenged [from a baraita]: "'And for him there is no death penalty' (Deuteronomy 19:6)—about the murderer the verse speaks. You say it's about the murderer or perhaps it's actually about the blood avenger? When it says, 'And he didn't hate him recently' (Deuteronomy 19:4)—thus [you would] say that the verse is speaking about the murderer." [Just as the earlier phrase "he didn't hate him" is clearly referring to the murderer, so too when the phrase appears in verse 6 it is also referring to the murderer. Thus the rest of the verse should also be read as referring to the murderer].

He [Rav Huna] said according to this tanna, as it is taught [in a baraita]: "'And for him there is no death penalty' (Deuteronomy 19:6)—about the blood avenger the verse speaks. You say it's about the blood avenger or maybe the verse is actually speaking about the murderer? When it says, 'Since he didn't hate him recently' (Deuteronomy 19:6)—this is speaking about the murderer, [but then] how can I uphold 'and for him there is no death penalty'? [This should have been obvious because it has already been established by the fact that he's a manslayer!]. [Therefore], the verse speaks about the blood avenger."

He [Rav Huna] said according to this tanna, as it is taught [in a baraita]: "'And for him there is no death penalty' (Deuteronomy 19:6)—about the blood avenger the verse speaks. You say it's about the blood avenger or maybe the verse is actually speaking about the murderer? When it says, 'Since he didn't hate him recently' (Deuteronomy 19:6)—this is speaking about the murderer, [but then] how can I uphold 'and for him there is no death penalty'? [This should have been obvious because it has already been established by the fact that he's a manslayer!]. [Therefore], the verse speaks about the blood avenger."

No! It is like as it is taught [in a baraita]: "And they speak to him words appropriate to him, saying to him: 'Do not do this practice of shedding blood! It was accidentally that the deed came to his hand!' Rabbi Meir says: 'He speaks for himself, as it is said: "And this is the word (davar) of the murderer" (Deuteronomy 19:4)' [lit. this is the matter (davar) of the murderer]. They [the rabbis] said to him: There is much that an agent can accomplish (that he alone would not be able to do).

Whomever was liable to execution they would execute, as the Torah says (Deuteronomy 19,12), "and the elders of his city would and send for him, and take him from there, and place him in the clutches of the goal hadam, and he would die". Whomever was not liable, they would exonerate, as the Torah says (Numbers 35, 25), "and the congregation would save the murderer from the hands if the goal hadam". Whomever was liable for exile, they would return to his place, as the Torah says (Numbers 35, 25), "and that congregation will return him to his city of refuge which he had fled to".

Rav Yehuda said in the name of Rav, A ban made conditionally needs to be annulled. From where [is this derived]? From Yehuda. That the Torah says (Genesis 43, 9), "If you do not bring him back to me etc.". And Rav Shmuel bar Nachmani said in the name of Rebbi Yonason, What is the meaning of the verse (Deuteronomy 33, 6), "Let Reuvan live and not die etc. And this is for Yehuda?!"?

According to Rebbi Eliezer there is no disagreement, when us the disagreement? According to Rebbi Yehoshua. The one who says [it's like the high priest] died goes like Rebbi Yehoshua, And the one who holds[it's like t he high priest was] disqualified holds that Rebbi Yehoshua only held his opinion there [by the sacrifices] because the Torah says (Deuteronomy 33,11) "God shall bless his labor and accept the work of his hands" even the dissatisfied ones. But here even Rebbi Yehoshua would agree.

But I'd this logical?! Whether [one holds like] the opinion that it is a mitzvah [for the Goel HaDam to kill the murderer] or whether [one holds like] the opinion that it is permissible, is it permitted [for a son to kill his father]? But Rabba bar Rav Huna said, and so too was taught in a baraisa of the academy of Rebbi Yishmael, For everything a son may not be made into an agent [of the court] against his father to hit him or curse him, except in the case of one who instigates [idolatry] upon which the Torah says (Deuteronomy 13,9) "do not spare him and do not conceal him".

MISHNA: Similarly, if a murderer that was exiled to a city of refuge and the people of the city wish to honor him, he must say to them "I am a murderer". If they tell him "even so" he may except [honor] from them, as the Torah says, (Deuteronomy 19, 4) "and this is the word of the murderer"