exiled

Gemara: "The father is exiled for his son." But didn't you say (in an earlier Mishnah) that a father who strikes his son is not exiled? But he was learned (which is why he would be exiled, since it was not a hit of a Mitzvah). But you said, even when he is learned, it actually is a Mitzvah that he is doing [so he would not be exiled]. [Here, we're talking about when the father is a carpenter and his son] is a carpenter's apprentice [so he is just teaching him a trade—and he would not be exiled].

Gemara: "The father is exiled for his son." But didn't you say (in an earlier Mishnah) that a father who strikes his son is not exiled? But he was learned (which is why he would be exiled, since it was not a hit of a Mitzvah). But you said, even when he is learned, it actually is a Mitzvah that he is doing [so he would not be exiled]. [Here, we're talking about when the father is a carpenter and his son] is a carpenter's apprentice [so he is just teaching him a trade—and he would not be exiled].

Gemara: "The father is exiled for his son." But didn't you say (in an earlier Mishnah) that a father who strikes his son is not exiled? But he was learned (which is why he would be exiled, since it was not a hit of a Mitzvah). But you said, even when he is learned, it actually is a Mitzvah that he is doing [so he would not be exiled]. [Here, we're talking about when the father is a carpenter and his son] is a carpenter's apprentice [so he is just teaching him a trade—and he would not be exiled].

"And the son is exiled by way of [killing accidentally] his father..." And they pitted the following: "One who strikes a person" (Numbers 35:11) excludes one who strikes his father! Rav Kahana says: It is not a difficulty. This [is the opinion] of Rabbi Shimon and this [is the opinion] of the Rabbis.

"Everyone is exiled by way of [killing accidentally] an Israelite." "Everyone is exiled by way of [killing accidentally] an Israelite." To include what? To include a slave and a Samaritan. We have already taught about this as they taught in a baraita: A slave and a Samaritan are exiled or lashed by way of [committing a crime against] an Israelite. And an Israelite is exiled or lashed by way of a slave or Samaritan.

"Everyone is exiled by way of [killing accidentally] an Israelite." "Everyone is exiled by way of [killing accidentally] an Israelite." To include what? To include a slave and a Samaritan. We have already taught about this as they taught in a baraita: A slave and a Samaritan are exiled or lashed by way of [committing a crime against] an Israelite. And an Israelite is exiled or lashed by way of a slave or Samaritan.

"Everyone is exiled by way of [killing accidentally] an Israelite." "Everyone is exiled by way of [killing accidentally] an Israelite." To include what? To include a slave and a Samaritan. We have already taught about this as they taught in a baraita: A slave and a Samaritan are exiled or lashed by way of [committing a crime against] an Israelite. And an Israelite is exiled or lashed by way of a slave or Samaritan.

"Everyone is exiled by way of [killing accidentally] an Israelite." "Everyone is exiled by way of [killing accidentally] an Israelite." To include what? To include a slave and a Samaritan. We have already taught about this as they taught in a baraita: A slave and a Samaritan are exiled or lashed by way of [committing a crime against] an Israelite. And an Israelite is exiled or lashed by way of a slave or Samaritan.

This works out well if a slave or Samaritan is exiled by way of an Israelite or lashed. [He is exiled in a case where] he killed him [accidentally] and lashed [in a case where] he cursed him. But an Israelite who is exiled or lashed by way of Samaritan?! It works well with exile [in a case where] he killed him [accidentally]. But lashing, why? [If you say] because he cursed him, "the chieftain of your people do not curse" (Exodus 22:27)! [I.e. a Samaritan is not on of your people and thus this prohibition for which the punishment is lashes should not apply in this case]

This works out well if a slave or Samaritan is exiled by way of an Israelite or lashed. [He is exiled in a case where] he killed him [accidentally] and lashed [in a case where] he cursed him. But an Israelite who is exiled or lashed by way of Samaritan?! It works well with exile [in a case where] he killed him [accidentally]. But lashing, why? [If you say] because he cursed him, "the chieftain of your people do not curse" (Exodus 22:27)! [I.e. a Samaritan is not on of your people and thus this prohibition for which the punishment is lashes should not apply in this case]

This works out well if a slave or Samaritan is exiled by way of an Israelite or lashed. [He is exiled in a case where] he killed him [accidentally] and lashed [in a case where] he cursed him. But an Israelite who is exiled or lashed by way of Samaritan?! It works well with exile [in a case where] he killed him [accidentally]. But lashing, why? [If you say] because he cursed him, "the chieftain of your people do not curse" (Exodus 22:27)! [I.e. a Samaritan is not on of your people and thus this prohibition for which the punishment is lashes should not apply in this case]

"Everyone gets exiled for killing an Israelite accidentally, and vice versa] except through [killing accidentally] a foreign resident." Therefore, a foreign resident is [considered] an idol worshiper! But read the end [of the Mishnah]! "A foreign resident is exiled on account of [killing accidentally] a foreign resident [which would imply that they aren't like idol worshipers as they actually get exiled]! Rav Kahanah said: This is not a difficulty. Here [where the punishment is exile] is where a foreign resident kills a foreign resident, and here [where he does not get exile] is where a foreign resident kills an Israelite.

"Everyone gets exiled for killing an Israelite accidentally, and vice versa] except through [killing accidentally] a foreign resident." Therefore, a foreign resident is [considered] an idol worshiper! But read the end [of the Mishnah]! "A foreign resident is exiled on account of [killing accidentally] a foreign resident [which would imply that they aren't like idol worshipers as they actually get exiled]! Rav Kahanah said: This is not a difficulty. Here [where the punishment is exile] is where a foreign resident kills a foreign resident, and here [where he does not get exile] is where a foreign resident kills an Israelite.

"Everyone gets exiled for killing an Israelite accidentally, and vice versa] except through [killing accidentally] a foreign resident." Therefore, a foreign resident is [considered] an idol worshiper! But read the end [of the Mishnah]! "A foreign resident is exiled on account of [killing accidentally] a foreign resident [which would imply that they aren't like idol worshipers as they actually get exiled]! Rav Kahanah said: This is not a difficulty. Here [where the punishment is exile] is where a foreign resident kills a foreign resident, and here [where he does not get exile] is where a foreign resident kills an Israelite.

Rav Hisda said: This is not a difficulty! Here [where he is exiled] is where he killed in a downward motion, and here [where he is not exiled] is where he killed in an upward motion. [I.e:] If [he killed him] in a downward motion, [in which case] an Israelite would be exiled, then exile should be enough for the [resident foreigner] as well. If [he killed him] in an upward motion, [in which case] an Israelite is exempt, then the resident foreigner is put to death.

Rav Hisda said: This is not a difficulty! Here [where he is exiled] is where he killed in a downward motion, and here [where he is not exiled] is where he killed in an upward motion. [I.e:] If [he killed him] in a downward motion, [in which case] an Israelite would be exiled, then exile should be enough for the [resident foreigner] as well. If [he killed him] in an upward motion, [in which case] an Israelite is exempt, then the resident foreigner is put to death.

Rav Hisda said: This is not a difficulty! Here [where he is exiled] is where he killed in a downward motion, and here [where he is not exiled] is where he killed in an upward motion. [I.e:] If [he killed him] in a downward motion, [in which case] an Israelite would be exiled, then exile should be enough for the [resident foreigner] as well. If [he killed him] in an upward motion, [in which case] an Israelite is exempt, then the resident foreigner is put to death.

Rava said to him: And is it not a kal vahomer (logical inference from a light to serious case)!? [This kal vahomer will show that your argument doesn't work]. Just as [in the case of] a downward motion an Israelite would be exiled, exile should be enough for a resident foreigner too; then [in the case of] an upward motion, an Israelite is an exempt, should [the resident foreigner really] be killed?!

Mishnah: "The blind person is not exiled—words of Rabbi Yehudah. Rabbi Meir says: He is exiled. The hater is not exiled. Rabbi Yose says: "The hater is put to death because he is like a forewarned [ox]". Rabbi Shimon says: "There are haters which are exiled and haters which are not. This is the rule: Anyone for whom it is possible to say that they knew they were killing is not exiled; that they didn't know they were killing, behold they are exiled."

Mishnah: "The blind person is not exiled—words of Rabbi Yehudah. Rabbi Meir says: He is exiled. The hater is not exiled. Rabbi Yose says: "The hater is put to death because he is like a forewarned [ox]". Rabbi Shimon says: "There are haters which are exiled and haters which are not. This is the rule: Anyone for whom it is possible to say that they knew they were killing is not exiled; that they didn't know they were killing, behold they are exiled."

Mishnah: "The blind person is not exiled—words of Rabbi Yehudah. Rabbi Meir says: He is exiled. The hater is not exiled. Rabbi Yose says: "The hater is put to death because he is like a forewarned [ox]". Rabbi Shimon says: "There are haters which are exiled and haters which are not. This is the rule: Anyone for whom it is possible to say that they knew they were killing is not exiled; that they didn't know they were killing, behold they are exiled."

Mishnah: "The blind person is not exiled—words of Rabbi Yehudah. Rabbi Meir says: He is exiled. The hater is not exiled. Rabbi Yose says: "The hater is put to death because he is like a forewarned [ox]". Rabbi Shimon says: "There are haters which are exiled and haters which are not. This is the rule: Anyone for whom it is possible to say that they knew they were killing is not exiled; that they didn't know they were killing, behold they are exiled."

Mishnah: "The blind person is not exiled—words of Rabbi Yehudah. Rabbi Meir says: He is exiled. The hater is not exiled. Rabbi Yose says: "The hater is put to death because he is like a forewarned [ox]". Rabbi Shimon says: "There are haters which are exiled and haters which are not. This is the rule: Anyone for whom it is possible to say that they knew they were killing is not exiled; that they didn't know they were killing, behold they are exiled."

Mishnah: "The blind person is not exiled—words of Rabbi Yehudah. Rabbi Meir says: He is exiled. The hater is not exiled. Rabbi Yose says: "The hater is put to death because he is like a forewarned [ox]". Rabbi Shimon says: "There are haters which are exiled and haters which are not. This is the rule: Anyone for whom it is possible to say that they knew they were killing is not exiled; that they didn't know they were killing, behold they are exiled."

Rabbi Shimon says: There is a hater that is exiled... etc. It was taught [in a baraita]: How [is it that] Rabbi Shimon said there are haters which are exiled and haters which are not exiled? If the rope breaks—he is exiled. If the rope slips—he is not exiled. [These seem to refer to cases in the first mishnah of the chapter].

Rabbi Shimon says: There is a hater that is exiled... etc. It was taught [in a baraita]: How [is it that] Rabbi Shimon said there are haters which are exiled and haters which are not exiled? If the rope breaks—he is exiled. If the rope slips—he is not exiled. [These seem to refer to cases in the first mishnah of the chapter].

Rabbi Shimon says: There is a hater that is exiled... etc. It was taught [in a baraita]: How [is it that] Rabbi Shimon said there are haters which are exiled and haters which are not exiled? If the rope breaks—he is exiled. If the rope slips—he is not exiled. [These seem to refer to cases in the first mishnah of the chapter].

Rabbi Shimon says: There is a hater that is exiled... etc. It was taught [in a baraita]: How [is it that] Rabbi Shimon said there are haters which are exiled and haters which are not exiled? If the rope breaks—he is exiled. If the rope slips—he is not exiled. [These seem to refer to cases in the first mishnah of the chapter].

Rabbi Shimon says: There is a hater that is exiled... etc. It was taught [in a baraita]: How [is it that] Rabbi Shimon said there are haters which are exiled and haters which are not exiled? If the rope breaks—he is exiled. If the rope slips—he is not exiled. [These seem to refer to cases in the first mishnah of the chapter].

But it was taught [in a baraita]: Rabbi Shimon says: "He is never exiled until the handle slips from his hand." A difficulty of "breaking" on "breaking", and a difficulty of "slipping" on "slipping". [While the first baraita said one whose rope broke which resulted in an accidental death was exiled, here it implies that they would not be. Similarly, while the first baraita said that the rope slipping out of her hand would not make her liable for exile, the second quotes this as the only criteria. Thus there is a difficulty in both cases.]

But it was taught [in a baraita]: Rabbi Shimon says: "He is never exiled until the handle slips from his hand." A difficulty of "breaking" on "breaking", and a difficulty of "slipping" on "slipping". [While the first baraita said one whose rope broke which resulted in an accidental death was exiled, here it implies that they would not be. Similarly, while the first baraita said that the rope slipping out of her hand would not make her liable for exile, the second quotes this as the only criteria. Thus there is a difficulty in both cases.]

"Breaking" on "breaking" is not a difficulty—one is about the one who loves [i.e. who never hated the victim, who is exiled], the other about the hater [who is not exiled].

"Breaking" on "breaking" is not a difficulty—one is about the one who loves [i.e. who never hated the victim, who is exiled], the other about the hater [who is not exiled].

Mishnah: "To where are they exiled? To the cities of refuge—to the three that are across the Jordan, and to the three that are in the land of Canaan. As it is said, 'The three cities you will make across the Jordan and the three cities you will make in the land of Canaan' (Numbers 35:14). While they hadn't chosen the three [cities] in the land of Israel, the three across the Jordan were not effective at providing refuge, as it is said: 'Six cities of refuge will be for you' (Numbers 35)—when there are all six, they are effective at providing refuge as one.

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?].

the Holy Blessed One arranged one marketplace. The one who killed intentionally sits beneath the ladder, and the one who killed accidentally is descending the ladder, and he falls on him and kills him [the murderer]. That one who killed intentionally is killed, and that one who killed accidentally is exiled."

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].

GEMARA: What is the reason [that he doesn't go to exile if the high priest dies before he gets there]? Abaye says it's a fortiori, And just as someone who was already in exile goes out [with the death the high priest], then now, someone who never went to exile should certainly not be exiled. But maybe the one was exiled got an atonement, and the one who wasn't exiled didn't [get his atonement]? Is exile the thing that grants atonement? The death of the high priest is what grants atonement.

GEMARA: What is the reason [that he doesn't go to exile if the high priest dies before he gets there]? Abaye says it's a fortiori, And just as someone who was already in exile goes out [with the death the high priest], then now, someone who never went to exile should certainly not be exiled. But maybe the one was exiled got an atonement, and the one who wasn't exiled didn't [get his atonement]? Is exile the thing that grants atonement? The death of the high priest is what grants atonement.

GEMARA: What is the reason [that he doesn't go to exile if the high priest dies before he gets there]? Abaye says it's a fortiori, And just as someone who was already in exile goes out [with the death the high priest], then now, someone who never went to exile should certainly not be exiled. But maybe the one was exiled got an atonement, and the one who wasn't exiled didn't [get his atonement]? Is exile the thing that grants atonement? The death of the high priest is what grants atonement.

Reish Lakash says, The Satan will make three mistakes as it is written (Isaiah 63, 1) "Who is this coming with stained garments from Batzra?". He made a mistake, that only Betzer protects, and he exiled himself to Batzra. He made a mistake, that only inadvertent murderers are protected and he was a deliberate murderer. He made a mistake, that only people are protected and he was an Angel.

Rebbi Abahu says, Cities of refuge were not given for burial, as the Torah says (Numbers 35, 3) "And their open lands should be for their cattle, their flocks, and all of their livelihoods" For "life" they were given and not for burial. They inquired, "Their" (Numbers 35,25) implies that their should be his living there should be his death and there should be his burial. [so how can we say that cities of refuge aren't fit for burial]? A murderer is different because the Torah exiled him.

But contrast that with a baraisa, [If he left] intentionally he is executed, [if he left] inadvertently he is [re-]exiled. It is not a difficulty, this [baraisa that says only an intentional leaving is penalized] is like the opinion that the Torah sometimes speaks in the vernacular, while this [baraisa that says only an inadvertent leaving is also penalized] is like the opinion that the Torah does not speak in the vernacular.

Abaye says, It is logical according to the opinion that the Torah speaks in the vernacular, so that his end should not be more stringent then his beginning. Just like in the beginning [when he murdered] if it was intentional he is executed and if it was inadvertent he is exiled, so too his end [when he leaves the city of refuge] if it was intentional he should be executed and if it was inadvertent he should be [re-]exiled.

Abaye says, It is logical according to the opinion that the Torah speaks in the vernacular, so that his end should not be more stringent then his beginning. Just like in the beginning [when he murdered] if it was intentional he is executed and if it was inadvertent he is exiled, so too his end [when he leaves the city of refuge] if it was intentional he should be executed and if it was inadvertent he should be [re-]exiled.

MISHNA: If one killed in that city [a city of refuge] he is exiled from neighborhood to neighborhood, And a Levite is exiled from city to city.

MISHNA: If one killed in that city [a city of refuge] he is exiled from neighborhood to neighborhood, And a Levite is exiled from city to city.

GEMARA: The Rabbis taught [in a baraisa],... (Exodus 21, 13) "And I have set aside for you a place etc." "And I have set aside for you" [implies] during your lifetime. "A place" [implies] from your place. "where he shall flee to" This teaches us that when Jews where exiled [while] in the wilderness, they would be exiled to the Levite camp.

GEMARA: The Rabbis taught [in a baraisa],... (Exodus 21, 13) "And I have set aside for you a place etc." "And I have set aside for you" [implies] during your lifetime. "A place" [implies] from your place. "where he shall flee to" This teaches us that when Jews where exiled [while] in the wilderness, they would be exiled to the Levite camp.

From here it was said, A levite that killed is exiled from district to district, but if he exiled himself to his own district, then his district protects [him]. Rav Acha brei dRav Ikka says, What is the meaning of the verse, (Numbers 35,28) "For in a city of refuge he shall dwell"? A city which previously afforded him protection.

From here it was said, A levite that killed is exiled from district to district, but if he exiled himself to his own district, then his district protects [him]. Rav Acha brei dRav Ikka says, What is the meaning of the verse, (Numbers 35,28) "For in a city of refuge he shall dwell"? A city which previously afforded him protection.

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"

And if he dies under his hand, [the agent of court] is exonerated. If he added one additional lash and he died, then [the agent] is exiled on his account. If he soiled himself, whether with excrement or urine, he is exempt [from any further lashes]. Rebbi Yehuda says, A man [is exempt only with] excrement, but a woman with [is even exempt with] urine. GEMARA: