rebbi
39436 occurrences across the corpus
The Babylonian Talmud
At a different time they [Reish Lakash and Rebbi Elazar] were sitting before Rebbi Yochanon and this story came before them. Reish Lakash said, She has been established [as someone who brings in false witnesses]. Rebbi Yochanon responded, does the fact that she has been established [as bringing in false witnesses] cause all of Israel to be established [as being false witnesses]!? He [Reish Lakash] then proceeded to look at Rebbi Elazar crossly. He said [to Rebbi Elazar], You heard this from the blacksmith's son [Rebbi Yochanon], and you didn't say it over in his name?!
Let's say that Reish Lakash [the woman is established to bring in false witnesses] holds like Rebbi Yehudah [It's a plotting group] and Rebbi Yochanon [not all of Israel has been established] holds like the Rabbis [all the witnesses are executed].
Let's say that Reish Lakash [the woman is established to bring in false witnesses] holds like Rebbi Yehudah [It's a plotting group] and Rebbi Yochanon [not all of Israel has been established] holds like the Rabbis [all the witnesses are executed].
And Rebbi Yochanon would say to you, I can even say like Rebbi Yehudah that Rebbi Yehudah only said [that we don't believe the witnesses] over there, because we can't expect the whole world to have been by them [the same two witnesses]. But over here [by this woman], these [witnesses] knew their testimony, and these [witnesses] did not know their testimony.
And Rebbi Yochanon would say to you, I can even say like Rebbi Yehudah that Rebbi Yehudah only said [that we don't believe the witnesses] over there, because we can't expect the whole world to have been by them [the same two witnesses]. But over here [by this woman], these [witnesses] knew their testimony, and these [witnesses] did not know their testimony.
And Rebbi Yochanon would say to you, I can even say like Rebbi Yehudah that Rebbi Yehudah only said [that we don't believe the witnesses] over there, because we can't expect the whole world to have been by them [the same two witnesses]. But over here [by this woman], these [witnesses] knew their testimony, and these [witnesses] did not know their testimony.
He answered him, You taught us, our rebbi, that one cannot derive a punishment from a fortiori. We see this in a beraisa [From what the Torah says,] (Leviticus 20, 17) "If a man should take his sister, the daughter of his father, or the daughter of his mother", I can only derive [that a person is forbidden from] the daughter of his father who isn't the daughter of his mother [half-sister from the father] and the daughter of his mother who isn't the daughter of his father [half-sister from the mother]. From where can I derive [the prohibition for] the daughter of his father and the daughter of his mother [his full sister]? The Torah teaches us this with the words ערות אחותו גילה.
We learned in a beraisa: Rebbi Yehudah ben Tavai said I will not seek comfort until I execute a zommeim witness, to go against the Tzudukim, who say zommemim witnesses aren't executed unless they succeeded in having their victim executed.
Immediately Rebbi Yehudah ben Tavi accepted upon himself to only issue halachic rulings in front of Shimon ben Shatach, and for all the remaining days of Rebbi Yehudah ben Tavi, he would prostrate himself on the grave of that witness, and his voice would ring out. And the passerby thought to themselves, saying that it was the voice of the killed. He told them, it's my voice. I'll bring you a proof, that tomorrow when I die the voice will no longer be heard.
Immediately Rebbi Yehudah ben Tavi accepted upon himself to only issue halachic rulings in front of Shimon ben Shatach, and for all the remaining days of Rebbi Yehudah ben Tavi, he would prostrate himself on the grave of that witness, and his voice would ring out. And the passerby thought to themselves, saying that it was the voice of the killed. He told them, it's my voice. I'll bring you a proof, that tomorrow when I die the voice will no longer be heard.
Rebbi Shimon says, Just as two [witnesses] aren't executed unless they are both zomemim, so too three [witnesses] aren't executed unless all three of them are zomemim. And from where do we know even one hundred [witnesses all must be zomemim for any to be executed]? The Torah teaches us this with the word "Witnesses".
Rebbi Akiva says, The third [witness] isn't coming to make things lenient, but rather to make things more stringent upon him, and make his fate like theirs.
Rebbi Yosi says, In what are these words [that one disqualified witness can disqualify three] said? Only by capital cases, but by monetary cases the testimony can be maintained with the remaining [two witnesses]. Rebbi says, This [ruling] applies by both monetary cases and capital cases.
Rebbi Yosi says, In what are these words [that one disqualified witness can disqualify three] said? Only by capital cases, but by monetary cases the testimony can be maintained with the remaining [two witnesses]. Rebbi says, This [ruling] applies by both monetary cases and capital cases.
Rebbi Akiva says the third on didn't come etc. and just as by two [one could disqualify the group] etc. Rav said to Rav Papa But now, let the victim [who is a witness to his own murder] save [the murderer from being executed]? [The case] is where he was killed from behind.
Rebbi Yosi says, in what were these words said? etc. what should two brothers do? etc.: What do we say to the witnesses?
It has been said, Rav Yehuda says in the name of Shmuel, The law follows Rebbi Yosi. And Rav Nachman says, The law follows Rebbi.
It has been said, Rav Yehuda says in the name of Shmuel, The law follows Rebbi Yosi. And Rav Nachman says, The law follows Rebbi.
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.
Rebbi Yosi says, etc.: Rav Papa asked Abaii, And does Rebbi Yosi indeed adhere to that logic? But we learned in a mishna, Rebbi Yosi says, An enemy is killed, because he is like someone who had purpose and was warned.
Rebbi Yosi says, etc.: Rav Papa asked Abaii, And does Rebbi Yosi indeed adhere to that logic? But we learned in a mishna, Rebbi Yosi says, An enemy is killed, because he is like someone who had purpose and was warned.
Rebbi Yosi says, etc.: Rav Papa asked Abaii, And does Rebbi Yosi indeed adhere to that logic? But we learned in a mishna, Rebbi Yosi says, An enemy is killed, because he is like someone who had purpose and was warned.
He answered That was Rebbi Yosi bar Yehuda, That we learned in a beraisa, Rebbi Yosi bar Yehudah says, A sage does not require a warning because a warning is only given to differentiate between purpose and accident.
He answered That was Rebbi Yosi bar Yehuda, That we learned in a beraisa, Rebbi Yosi bar Yehudah says, A sage does not require a warning because a warning is only given to differentiate between purpose and accident.
We establish courts both in Israel and in Diaspora. A court that executes once in seven years is called a "killing [court]" Rebbi Eliezer ben Azarya says, Once in seventy years. Rebbi Tarfon and Rebbi Akiva say, If we were in court no one would ever get executed. Raban Shimon ben Gamlial responded, Then you would be increasing murder in Israel.
We establish courts both in Israel and in Diaspora. A court that executes once in seven years is called a "killing [court]" Rebbi Eliezer ben Azarya says, Once in seventy years. Rebbi Tarfon and Rebbi Akiva say, If we were in court no one would ever get executed. Raban Shimon ben Gamlial responded, Then you would be increasing murder in Israel.
We establish courts both in Israel and in Diaspora. A court that executes once in seven years is called a "killing [court]" Rebbi Eliezer ben Azarya says, Once in seventy years. Rebbi Tarfon and Rebbi Akiva say, If we were in court no one would ever get executed. Raban Shimon ben Gamlial responded, Then you would be increasing murder in Israel.
Like we learned in a beraisa, Rebbi Yehuda ben Dostai says in the name of Rebbi Shimon ben Shetach, If he ran from Israel to Diaspora, we do not retry his case; if he ran from Diaspora to Israel, we do retry his case due the merit of Israel.
Like we learned in a beraisa, Rebbi Yehuda ben Dostai says in the name of Rebbi Shimon ben Shetach, If he ran from Israel to Diaspora, we do not retry his case; if he ran from Diaspora to Israel, we do retry his case due the merit of Israel.
Rebbi Tarfon and Rebbi Akiva said, If we were part of court...etc.: What would they have done? Rebbi Yochanon and Rebbi Elezer said together, [they would ask the witnesses,] did you see if the victim was a Terefah or viable?
Rebbi Tarfon and Rebbi Akiva said, If we were part of court...etc.: What would they have done? Rebbi Yochanon and Rebbi Elezer said together, [they would ask the witnesses,] did you see if the victim was a Terefah or viable?
Rebbi Tarfon and Rebbi Akiva said, If we were part of court...etc.: What would they have done? Rebbi Yochanon and Rebbi Elezer said together, [they would ask the witnesses,] did you see if the victim was a Terefah or viable?
Rebbi Tarfon and Rebbi Akiva said, If we were part of court...etc.: What would they have done? Rebbi Yochanon and Rebbi Elezer said together, [they would ask the witnesses,] did you see if the victim was a Terefah or viable?
It's as was taught in a baraisa, Rebbi Yosi bar Yehuda says, Initially, both accidental [murderers] and wilful [murderers] would proceed to the cities of refuge, and the court would summon them from there,
Rebbi says, They exile themselves, because they had thought that both accidental and willful [murderers] are protected [by the cities of refuge], but the didn't know that only accidental [murderers] are protected and willful [murderers] aren't protected.
Rebbi Elezar says, a city that is mostly murderers does not provide protection as the Torah says (Joshua 20,4) "And he should speak his matter into the ears of the elders city" And not that his matter should be the same as theirs.
And Rebbi Elezar also said, a city that has no elders does not provide protection because we need "elders of the city", and they are lacking. It was said, a city that has no elders [is subject to a dispute between] Rebbi Ami and Rebbi Assi. One says, It provides protection. And one says, It does not provide protection. According to the opinion that it doesn't provide protection, we need "elders of the city" and they are lacking. According to the opinion that it does provide protection, it is just a mitzvah [to use elders].
And Rebbi Elezar also said, a city that has no elders does not provide protection because we need "elders of the city", and they are lacking. It was said, a city that has no elders [is subject to a dispute between] Rebbi Ami and Rebbi Assi. One says, It provides protection. And one says, It does not provide protection. According to the opinion that it doesn't provide protection, we need "elders of the city" and they are lacking. According to the opinion that it does provide protection, it is just a mitzvah [to use elders].
And Rebbi Elezar also said, a city that has no elders does not provide protection because we need "elders of the city", and they are lacking. It was said, a city that has no elders [is subject to a dispute between] Rebbi Ami and Rebbi Assi. One says, It provides protection. And one says, It does not provide protection. According to the opinion that it doesn't provide protection, we need "elders of the city" and they are lacking. According to the opinion that it does provide protection, it is just a mitzvah [to use elders].
And a city that has no elders [is subject to a dispute between] Rebbi Ami and Rebbi Assi. One says, It can make a ben sorer omorer [a rebellious son]. And one says, It can not make a ben sorer omorer. According to the opinion that it can not make a ben sorer omorer, we need "elders of the city" and they are lacking. According to the opinion that it can make a ben sorer omorer, it is just a mitzvah [to use elders].
And a city that has no elders [is subject to a dispute between] Rebbi Ami and Rebbi Assi. One says, It can make a ben sorer omorer [a rebellious son]. And one says, It can not make a ben sorer omorer. According to the opinion that it can not make a ben sorer omorer, we need "elders of the city" and they are lacking. According to the opinion that it can make a ben sorer omorer, it is just a mitzvah [to use elders].
And a city that has no elders [is subject to a dispute between] Rebbi Ami and Rebbi Assi. One says, It can bring an eglah arufah [a decapitated cow]. And one says, It can not bring an eglah arufah. According to the opinion that it can not bring an eglah arufah, we need "elders of the city" and they are lacking. According to the opinion that it can bring an eglah arufah, it is just a mitzvah [to use elders].
And a city that has no elders [is subject to a dispute between] Rebbi Ami and Rebbi Assi. One says, It can bring an eglah arufah [a decapitated cow]. And one says, It can not bring an eglah arufah. According to the opinion that it can not bring an eglah arufah, we need "elders of the city" and they are lacking. According to the opinion that it can bring an eglah arufah, it is just a mitzvah [to use elders].
Rebbi Chama bar Chanina says, what was the reason that the section of murderers in the Torah was said in...
Rebbi Yehuda and the Rabbis argue [as to why the passage if cities of refuge is written in a harsh tone]. One says, Because they delayed. And one says, Because they are of the Torah.
(Joshua 24,26) "And Yehoshua wrote these words in the Torah scroll of God". Rebbi Yehudah and Rebbi Nechemiah argue [abut what "these words" refers to]. One says, The eight verses [that are after Moshe Rabeninu died]. And one says, [The passage of the] cities of refuge.
(Joshua 24,26) "And Yehoshua wrote these words in the Torah scroll of God". Rebbi Yehudah and Rebbi Nechemiah argue [abut what "these words" refers to]. One says, The eight verses [that are after Moshe Rabeninu died]. And one says, [The passage of the] cities of refuge.
A [Torah] scroll that was tied with flax is subject to a dispute between Rebbi Yehudah and Rebbi Meir one says, it is valid. And one says, it is invalid.
A [Torah] scroll that was tied with flax is subject to a dispute between Rebbi Yehudah and Rebbi Meir one says, it is valid. And one says, it is invalid.
Rav says, I saw the Tefillin of my uncle [Rebbi Chia], that they were tied with flax, but the law is not in accordance with him.
MISHNA: The [high priest] anointed with the anointing oil, the [high priest] appointed through the vestments, and the [high priest] who stepped down from his position all return the murderer [from exile if they die]. Rebbi Yehuda says, Even the [high priest] anointed for a war returns the murderer [if he dies].
And [what is] Rebbi Yehudah['s reason]? The Torah says elsewhere (Numbers 35, 32) "to dwell in the dwellings of the land until the death of the priest etc.". And [what does] the other opinion [do with this verse]? From the fact that it doesn't say "high", it must be referring to one of [the three already mentioned].
An old man replied, From the lectures of Rava I heared that the reason was that he should have beseeched [God] for mercy on his generation and he didn't beseech [God]. Like the incident of the person whom was devoured by a lion within three parsah's of Rebbi Yehoshua, and Eliyahu [haNavi] didn't visit him for three days.
Rebbi Abahu says, The curse of a sage, even on an [unfulfilled] condition will be fulfilled. From where [is this derived]? From Eli. That Eli said to Shmuel (Samuel 1 3, 17) "So will God do to you and so will he add on if you withhold from me anything". And even though it is written (Samuel 1 3, 18) "And Shmuel related to him all of the matter and did not withhold from him", it is still written (Samuel 1 8, 3) " And his sons did not follow in his ways etc.".
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?!"?
Just as the city protects, so to it's boundary protects. A killer who went outside of the boundrary [of the city of refuge] and the goel hadam found him. Rebbi Yosi haGalili says, It's a mitzvah in the hands of the goel hadam [to kill him], and permitted for everyone else. Rebbi Akiva says, It's permitted in the hands of the goel hadam [to kill him], and everyone else is liable for [killing] him.
Just as the city protects, so to it's boundary protects. A killer who went outside of the boundrary [of the city of refuge] and the goel hadam found him. Rebbi Yosi haGalili says, It's a mitzvah in the hands of the goel hadam [to kill him], and permitted for everyone else. Rebbi Akiva says, It's permitted in the hands of the goel hadam [to kill him], and everyone else is liable for [killing] him.
If his judgment was finalized and subsequently the [high] priest was found to be the son of a divorcee or the son of a woman who received chalitzah, the matter is subject to a dispute between Rebbi Ami and Rebbi Yitzchak Nafkah. One says, [It is comparable to a case where] the priesthood died, and one says, [It is comparable to a case where] the priesthood got disqualified [retroactively].
If his judgment was finalized and subsequently the [high] priest was found to be the son of a divorcee or the son of a woman who received chalitzah, the matter is subject to a dispute between Rebbi Ami and Rebbi Yitzchak Nafkah. One says, [It is comparable to a case where] the priesthood died, and one says, [It is comparable to a case where] the priesthood got disqualified [retroactively].
Let us say that they are arguing the same dispute as Rebbi Eliezer and Rebbi Yehoshua. That we learned in a mishna, If he [the priest] was standing and sacrificing upon the alter, acc it became known that he was the son of a divorcee or the son of a woman who received chalitzah, Rebbi Eliezer says, All of the sacrifices that he ever brought are [retroactively] disqualified. And Rebbi Yehoshua validates then.
Let us say that they are arguing the same dispute as Rebbi Eliezer and Rebbi Yehoshua. That we learned in a mishna, If he [the priest] was standing and sacrificing upon the alter, acc it became known that he was the son of a divorcee or the son of a woman who received chalitzah, Rebbi Eliezer says, All of the sacrifices that he ever brought are [retroactively] disqualified. And Rebbi Yehoshua validates then.
Let us say that they are arguing the same dispute as Rebbi Eliezer and Rebbi Yehoshua. That we learned in a mishna, If he [the priest] was standing and sacrificing upon the alter, acc it became known that he was the son of a divorcee or the son of a woman who received chalitzah, Rebbi Eliezer says, All of the sacrifices that he ever brought are [retroactively] disqualified. And Rebbi Yehoshua validates then.
Let us say that they are arguing the same dispute as Rebbi Eliezer and Rebbi Yehoshua. That we learned in a mishna, If he [the priest] was standing and sacrificing upon the alter, acc it became known that he was the son of a divorcee or the son of a woman who received chalitzah, Rebbi Eliezer says, All of the sacrifices that he ever brought are [retroactively] disqualified. And Rebbi Yehoshua validates then.
[Let's say that] the one who says [it's like] he dies [holds] like Rebbi Yehoshua, and the one who says [it's like] he got disqualified [holds] like Rebbi Eliezer.
[Let's say that] the one who says [it's like] he dies [holds] like Rebbi Yehoshua, and the one who says [it's like] he got disqualified [holds] like Rebbi Eliezer.
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.
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.
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.
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.
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.
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.
A murderer who exits the boundary etc.: The rabbis taught [in a baraisa], (Numbers 35,27) "And the goel hadam will kill the murderer" [we can derive that] it is a mitzvah in the hands of the goel hadam. If there is no goel hadam, it's permissible for anyone else. These are the words of Rebbi Yossi Hagalili. Rebbi Akiva says, It's permissible for the Goel Hadam, and anyone else is liable [for killing the murderer].
A murderer who exits the boundary etc.: The rabbis taught [in a baraisa], (Numbers 35,27) "And the goel hadam will kill the murderer" [we can derive that] it is a mitzvah in the hands of the goel hadam. If there is no goel hadam, it's permissible for anyone else. These are the words of Rebbi Yossi Hagalili. Rebbi Akiva says, It's permissible for the Goel Hadam, and anyone else is liable [for killing the murderer].
What is the reason of Rebbi Yossi Hagalili? [He would say,] does [the Torah] write, "If" he kills? And Rebbi Akiva? [He would say,] Does [the Torah] write, he "shall" kill?
What is the reason of Rebbi Yossi Hagalili? [He would say,] does [the Torah] write, "If" he kills? And Rebbi Akiva? [He would say,] Does [the Torah] write, he "shall" kill?
Mar Zutra bar Tuvia says in the name of Rav, If a murderer leaves the boundrary and the Goel Hadam finds him and kills him, he [the Goel Hadam] is executed. Who is this in accordance with? It isn't like Rebbi Yossi Hagalili nor like Rebbi Akiva?
Mar Zutra bar Tuvia says in the name of Rav, If a murderer leaves the boundrary and the Goel Hadam finds him and kills him, he [the Goel Hadam] is executed. Who is this in accordance with? It isn't like Rebbi Yossi Hagalili nor like Rebbi Akiva?
He says like the following Tanna, that we learned in a baraisa, Rebbi Eliezer says, (Numbers 35, 12) "Untill he stands before a court for judgement" what is the Torah teaching us? Since it says (Numbers 35,27) "And the Goel Hadam will find the murderer" I might think that it means [he can kill him immediately] [therefore] the Torah teaches us "until he stand before a court for judgement"
And what do Rebbi Yossi and Rebbi Akiva and derive from (Numbers 35, 12) "until he stand before a court for judgement"? that [verse] is needed for [that which is taught] in a baraisa, Rebbi Akiva says, From where is it derived that a court which witnesses a murder cannot execute him [the murderer] until he stands before a different court? The Torah says "until he stands before a court for judgment" [which means] until he stands before a different court.
And what do Rebbi Yossi and Rebbi Akiva and derive from (Numbers 35, 12) "until he stand before a court for judgement"? that [verse] is needed for [that which is taught] in a baraisa, Rebbi Akiva says, From where is it derived that a court which witnesses a murder cannot execute him [the murderer] until he stands before a different court? The Torah says "until he stands before a court for judgment" [which means] until he stands before a different court.
And what do Rebbi Yossi and Rebbi Akiva and derive from (Numbers 35, 12) "until he stand before a court for judgement"? that [verse] is needed for [that which is taught] in a baraisa, Rebbi Akiva says, From where is it derived that a court which witnesses a murder cannot execute him [the murderer] until he stands before a different court? The Torah says "until he stands before a court for judgment" [which means] until he stands before a different court.
One baraisa teaches, A father that killed, his son can become his Goel HaDam, and another baraisa teaches, His son cannot become his Goel HaDam. Let us say that this [baraisa that says the son can become a Goel Hadam] is [like the opinion of] Rebbe Yossi HaGalili and this [baraisa that says the son cannot become a Goel Hadam] is [like the opinion of] Rebbi Akiva.
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".
But note a contradiction from maiser to maiser, that it was taught in a baraisa, By Jerusalem go after the branches, by cities of refuge go after the branches. Rav Kahana said, It's not a difficulty, This [second baraisa that says maiser goes after the branches is like] Rebbi Yehuda, and this [first baraisa that says maiser shenei goes after the wall is like] the Rabbis. That it [Rebbi Yehuda's opinion] was taught in a baraisa,
But note a contradiction from maiser to maiser, that it was taught in a baraisa, By Jerusalem go after the branches, by cities of refuge go after the branches. Rav Kahana said, It's not a difficulty, This [second baraisa that says maiser goes after the branches is like] Rebbi Yehuda, and this [first baraisa that says maiser shenei goes after the wall is like] the Rabbis. That it [Rebbi Yehuda's opinion] was taught in a baraisa,
Rebbi Yehuda says, Regarding a cave go after the opening, regarding a tree go after the branches.
Say that you heard [this view ascribed] to Rebbi Yehuda regarding maiser [shenei when it would result in a] stringency. If the trunk is outside and the branches inside, just as on the branches one may not redeem [the maiser shenei], so too on the trunk one may not eat redeem [the maiser shenei], If the trunk is inside and the branches outside, just as on the branches one may not eat [the maiser shenei] without redeeming it, so too on the trunk one may not eat [the maiser shenei] without redeeming it.
When do they argue? On whether the trunk may be used as a ladder to reach the branches. One opinion [Rebbi Yehuda] holds that the trunk may be used as a ladder to reach the branches, and the other opinion [the Rabbis] hold that the trunk may not be used as a ladder to reach the branches.
Rav Ashi says, What does [Rebbi Yehuda] mean "after the branches"? Even after the branches.
[The murderers] would have to pay up rent to the Levites [who inhabited the city of refuge]. These are the words of Rebbi Yehuda. Rebbi Meir says, [The murderers] would not have to pay up rent. And [upon release, the murderers] would return to their positions that they had held [prior to exile]. These are the words of Rebbi Meir. Rebbi Yehuda says, [The murderers] would not return to their previous positions.
[The murderers] would have to pay up rent to the Levites [who inhabited the city of refuge]. These are the words of Rebbi Yehuda. Rebbi Meir says, [The murderers] would not have to pay up rent. And [upon release, the murderers] would return to their positions that they had held [prior to exile]. These are the words of Rebbi Meir. Rebbi Yehuda says, [The murderers] would not return to their previous positions.
[The murderers] would have to pay up rent to the Levites [who inhabited the city of refuge]. These are the words of Rebbi Yehuda. Rebbi Meir says, [The murderers] would not have to pay up rent. And [upon release, the murderers] would return to their positions that they had held [prior to exile]. These are the words of Rebbi Meir. Rebbi Yehuda says, [The murderers] would not return to their previous positions.
[The murderers] would have to pay up rent to the Levites [who inhabited the city of refuge]. These are the words of Rebbi Yehuda. Rebbi Meir says, [The murderers] would not have to pay up rent. And [upon release, the murderers] would return to their positions that they had held [prior to exile]. These are the words of Rebbi Meir. Rebbi Yehuda says, [The murderers] would not return to their previous positions.
GEMARA: Rav Kahana says, The dispute [in our Mishna] only concerns the six [primary cities of refuge]. That one opinion [Rebbi Yehuda] holds (Numbers 35,12) "For you" implies [only] for protection. And the other opinion [Rebbi Meir] holds "For you" implies for all of your needs. But by the forty two [additional cities of refuge] everyone agrees that [the murderers] would pay rent.
GEMARA: Rav Kahana says, The dispute [in our Mishna] only concerns the six [primary cities of refuge]. That one opinion [Rebbi Yehuda] holds (Numbers 35,12) "For you" implies [only] for protection. And the other opinion [Rebbi Meir] holds "For you" implies for all of your needs. But by the forty two [additional cities of refuge] everyone agrees that [the murderers] would pay rent.
Rava said to him [Rav Kahana], "For you" most definitively implies for all of your needs. Rather Rava says, The dispute concerns the forty two [additional cities of refuge], that one opinion [Rebbi Yehuda] holds (Numbers 35, 6) "and besides then you should designate" [implies] that they should be like those [the six primary cities only] with regards to protection. And the other opinion [Rebbi Meir] holds "and besides then you should designate" [implies] that they should be like those [the six primary cities]. Just as those [the six] are for all of your needs, so too these [the forty two] are for all of your needs. But with regards to the six [primary cities], everyone agrees that [the murderers] would not pay rent.
Rava said to him [Rav Kahana], "For you" most definitively implies for all of your needs. Rather Rava says, The dispute concerns the forty two [additional cities of refuge], that one opinion [Rebbi Yehuda] holds (Numbers 35, 6) "and besides then you should designate" [implies] that they should be like those [the six primary cities only] with regards to protection. And the other opinion [Rebbi Meir] holds "and besides then you should designate" [implies] that they should be like those [the six primary cities]. Just as those [the six] are for all of your needs, so too these [the forty two] are for all of your needs. But with regards to the six [primary cities], everyone agrees that [the murderers] would not pay rent.
He returns to the position that he had previously occupied etc.: The Rabbis taught [in a baraisa regarding a freed Jewish slave], (Leviticus 25,41) "And he shall return to his family and to his ancestral holdings he shall return" [this implies that] to his family he returns but that he does not return to his ancestral positions. These are the words of Rebbi Yehuda. Rebbi Meir says, He even returns to the positions of his ancestors [as the Torah says] "to his ancestral holdings" [which implies] like his ancestors.
He returns to the position that he had previously occupied etc.: The Rabbis taught [in a baraisa regarding a freed Jewish slave], (Leviticus 25,41) "And he shall return to his family and to his ancestral holdings he shall return" [this implies that] to his family he returns but that he does not return to his ancestral positions. These are the words of Rebbi Yehuda. Rebbi Meir says, He even returns to the positions of his ancestors [as the Torah says] "to his ancestral holdings" [which implies] like his ancestors.
What do we mean "and similarly by an exile"? Like we learned in a baraisa, (Numbers 35,28) "The murderer shall return to his family and to his ancestral land" [this implies that] to his ancestral lands he returns but that he does not return to his ancestral positions. These are the words of Rebbi Yehuda. Rebbi Meir says, He even returns to the positions of his ancestors. [Rebbi Meir] learns [a gezaira shava of] שיבה שיבה from there [the Jewish slave].