[If] he was

<<ascending

<<a ladder

<<and he fell

<<on him

<<and killed him —

<<behold

<<this one

<<is not

<<exiled.

<<This is

<<the rule:

<<anything

<<that is in the course of

<<his descending —

<<he is exiled;

<<and that is not

<<in the course of

<<his descending —

<<he is not

<<exiled.

GEMARA:

<<From where are these things [derived]?

<<For said

<<Shmuel:

<<for said

<<the verse:

<<‘and it fell

<<upon him

<<and he died’ —

<<until

<<it falls

<<in the manner of falling.

The Rabbis taught:

<<‘unwittingly’ —

<<to exclude

<<one who acts intentionally.

<<‘without knowledge’ —

<<to exclude

<<one who intends.

One who acts intentionally?

<<That is obvious —

<<he is liable to execution!

<<Rather,

<<said

<<Rava:

<<say [instead]:

<<to exclude

<<one who says

<<it is permitted.

<<Said

<<to him

<<Abaye:

<<if

<<he says

<<it is permitted,

<<is he under duress

<<then?

<<He said

<<to him:

<<for I

<<say —

<<one who says

<<it is permitted,

<<close

<<to intentional

<<he is.

‘Without knowledge’ —

<<to exclude

<<one who intends.

<<One who intends?

<<That is obvious —

<<he is liable to execution!

<<Said

<<Rabba:

<<to exclude

<<one who intends

<<to kill

<<an animal

<<and killed

<<a person;

<<a gentile

<<and killed

<<a Jew;

<<a nonviable infant

<<and killed

<<a viable child.

The Rabbis taught:

<<‘if suddenly’ —

<<to exclude

<<a street corner.

<<‘without enmity’ —

<<to exclude

<<an enemy.

<<‘he pushed him’ —

<<that he shoved him

<<with his body.

<<‘or

<<threw

<<upon him’ —

<<to include

<<a descent

<<that is

<<for the sake of

<<an ascent.

<<‘without lying in wait’ —

<<to exclude

<<one who intends

<<to this

<<side

<<and it went

<<to a side

<<other.

‘And who did not lie in wait’ —

<<to exclude

<<one who intends

<<to throw

<<two [cubits],

<<and threw

<<four.

<<‘And who

<<comes

<<with his fellow

<<into the forest’ —

<<just as

<<a forest —

<<permission

<<the injured party

<<and the injurer [have]

<<to enter

<<there,

<<so too

<<anywhere

<<permission

<<the injured party

<<and the injurer [have]

<<to enter

<<there.

Asked of him

<<Rabbi Abbahu

<<of Rabbi Yochanan:

<<[if] he was

<<ascending

<<a ladder

<<and slipped out

<<a rung

<<from under him,

<<and it fell

<<and killed —

<<what is [the law]?

<<In a case like this,

<<an ascent

<<is it,

<<or

<<a descent

<<is it?

<<He said

<<to him:

<<already

<<you have touched on

<<a descent

<<that is

<<for the sake of

<<an ascent.

He objected to him:

<<‘this is

<<the rule:

<<anything

<<that is in the course of

<<his descending —

<<he is exiled;

<<that is not

<<in the course of

<<his descending —

<<he is not

<<exiled.’

<<‘That is not

<<in the course of

<<his descending’ —

<<to include

<<what?

<<Is it not

<<to include

<<a case like this?

<<But by your reasoning,

<<‘anything

<<that is in the course of

<<his descending’ —

<<to include

<<what?

Rather,

<<to include

<<a butcher;

<<here

<<too,

<<to include

<<a butcher.

<<As it is taught:

<<a butcher

<<who was

<<butchering —

<<one taught:

<<forwards,

<<he is liable;

<<backwards,

<<he is exempt.

<<And another taught:

<<backwards,

<<he is liable;

<<forwards,

<<he is exempt.

<<And another taught:

<<whether forwards

<<or backwards,

<<he is liable.

<<And another taught:

<<whether forwards

<<or backwards,

<<he is exempt.

<<And it is not

<<a difficulty.

Here —

<<in a descent

<<that is forwards,

<<and an ascent

<<that is backwards.

<<Here —

<<in an ascent

<<that is forwards,

<<and a descent

<<that is backwards.

Here —

<<in a descent

<<that is forwards

<<and backwards.

<<Here —

<<in an ascent

<<that is forwards

<<and backwards.

Shall we say

<<it is a dispute of tannaim?

<<[If] he was

<<ascending

<<a ladder

<<and slipped out

<<a rung

<<from under him —

<<one taught

<<he is liable,

<<and another taught

<<he is exempt.

<<What —

<<is it not

<<in this

<<that they disagree,

<<that one master

<<holds

<<a descent

<<it is,

<<and one master

<<holds

<<an ascent

<<it is?

No —

<<according to all,

<<an ascent

<<it is.

<<And it is not

<<a difficulty:

<<here —

<<for damages;

<<here —

<<for exile.

If you wish, say:

<<this

<<and this

<<are for exile,

<<and it is not

<<a difficulty —

<<this,

<<where it was worm-eaten;

<<this,

<<where it was not worm-eaten.

And if you wish, say:

<<this

<<and this

<<were not worm-eaten,

<<and it is not

<<a difficulty —

<<this,

<<where it was wedged tight;

<<and this,

<<where it was not wedged tight.

MISHNAH:

<<[If] slipped off

<<the iron

<<from its handle

<<and killed —

<<Rabbi

<<says:

<<he is not

<<exiled;

<<and the Sages

<<say:

<<he is exiled.

<<[If a chip flew] from

<<the log

<<being split —

<<Rabbi

<<says:

<<he is exiled;

<<and the Sages

<<say:

<<he is not

<<exiled.

GEMARA:

<<It is taught:

<<said

<<to them

<<Rabbi

<<to the Sages:

<<and is

<<it stated

<<‘and shall slip off

<<the iron

<<from its handle’?

<<Is it not so that

<<not

<<is it stated

<<but

<<‘from

<<the wood’!

<<And further,

<<it is stated

<<‘wood’

<<below

<<and it is stated

<<‘wood’

<<above:

<<just as

<<‘wood’

<<stated

<<above

<<is from

<<the log

<<being split,

<<so too

<<‘wood’

<<stated

<<below

<<is from

<<the log

<<being split.

Said

<<Rav Chiyya bar Ashi

<<said

<<Rav:

<<and both of them

<<a verse

<<one

<<expounded:

<<‘and shall slip off

<<the iron

<<from

<<the wood.’

<<Rabbi

<<holds:

<<the written text is authoritative —

<<‘and he shall cause to slip off’

<<is written;

<<and the Rabbis

<<hold:

<<the reading tradition is authoritative —

<<‘and shall slip off’

<<we read.

And does Rabbi

<<‘the written text is authoritative’

<<hold?