According to

<<Rabbi Eliezer,

<<everyone

<<does not

<<disagree;

<<where

<<they disagree

<<is according to

<<Rabbi Yehoshua:

<<the one who says

<<‘has died’

<<is like Rabbi Yehoshua;

<<and the one who says

<<‘has been voided’ —

<<only so far

<<did he say it,

<<Rabbi Yehoshua:

<<there,

<<as it is written:

<<‘bless,

<<Hashem,

<<his substance,

<<and the work of

<<his hands

<<accept’ —

<<even

<<the disqualified ones

<<among him;

<<but

<<here,

<<even

<<Rabbi Yehoshua

<<agrees.

‘His judgment was concluded’

<<etc.

<<Rav Yehuda said in the name of Rav:

<<two

<<errors

<<erred

<<Yoav

<<at that

<<time,

<<as it is written:

<<‘and fled

<<Yoav

<<to

<<the Tent of

<<Hashem

<<and grasped

<<the horns of

<<the altar’ —

He erred:

<<that it does not

<<afford refuge

<<except

<<its roof,

<<and he

<<grasped

<<its horns.

<<He erred:

<<that it does not

<<afford refuge

<<except

<<the altar of

<<the Eternal House,

<<and he

<<grasped

<<the altar

<<of

<<Shiloh.

<<Abaye

<<says:

<<in this

<<too

<<erroneously

<<he erred:

<<he erred —

<<that it does not

<<afford refuge

<<except

<<a kohen

<<with service

<<in his hand,

<<and he

<<a non-kohen

<<was.

Reish Lakish said:

<<three

<<errors

<<is destined

<<the guardian angel

<<of

<<Rome

<<to err,

<<as it is written:

<<‘who is

<<this

<<coming

<<from Edom,

<<with crimsoned

<<garments,

<<from Botzrah?’

<<He errs:

<<that it does not

<<afford refuge

<<except

<<Betzer,

<<and he

<<is exiled

<<to Botzrah.

<<He errs:

<<that it does not

<<afford refuge

<<except

<<the unwitting,

<<and he

<<intentional

<<was.

<<He errs:

<<that it does not

<<afford refuge

<<except

<<a human,

<<and he

<<an angel

<<is.

Rabbi Abbahu said:

<<the cities of refuge

<<were not

<<given

<<for burial,

<<as it is written:

<<‘and their open land

<<shall be

<<for their cattle

<<and for their goods

<<and for all

<<their living needs’ —

<<for living

<<were they given

<<and not

<<for burial.

<<They raised an objection:

<<‘there’ —

<<there

<<shall be

<<his dwelling,

<<there

<<shall be

<<his death,

<<there

<<shall be

<<his burial!

<<A killer

<<is different,

<<for revealed

<<about him

<<the Merciful One.

‘Just as

<<the city

<<affords refuge’

<<etc.

<<But contrast it:

<<‘and he shall dwell

<<in it’ —

<<in it

<<and not

<<in its boundary!

<<Abaye said:

<<it is not

<<a difficulty —

<<here,

<<for refuge;

<<here,

<<for residence.

‘For residence’?

<<Derive it

<<from [the rule] that they do not

<<make

<<a field

<<open land,

<<nor

<<open land

<<a field,

<<nor

<<open land

<<a city,

<<nor

<<a city

<<open land.

<<Rav Sheshes said:

<<it is not

<<needed

<<except

<<for tunnels.

‘A killer

<<who went out

<<beyond

<<the boundary’

<<etc.

<<The Rabbis taught:

<<‘and kills

<<the blood-avenger

<<the killer’ —

<<it is a mitzvah

<<for

<<the blood-avenger;

<<[if] there is no

<<blood-avenger,

<<it is permitted

<<for

<<any person —

<<the words of

<<Rabbi Yosei HaGelili.

<<Rabbi Akiva

<<says:

<<it is permitted

<<for

<<the blood-avenger,

<<and any person

<<is liable

<<for him.

What is the reason

<<of Rabbi Yosei HaGelili?

<<Is it

<<written

<<‘if

<<he kills’?

<<And Rabbi Akiva:

<<is it

<<written

<<‘he shall kill’?

Mar Zutra bar Toviya said in the name of Rav:

<<a killer

<<who went out

<<beyond

<<the boundary,

<<and found him

<<the blood-avenger

<<and killed him —

<<he is executed

<<for him.

<<Like whom?

<<Not

<<like Rabbi Yosei HaGelili,

<<and not

<<like Rabbi Akiva!

He

<<says

<<like

<<this

<<tanna,

<<as it is taught:

<<Rabbi Eliezer

<<says:

<<‘until

<<he stands

<<before

<<the congregation

<<for judgment’ —

<<what does the verse teach?

<<Because

<<it is said:

<<‘and kills

<<the blood-avenger

<<the killer,’

<<one might think

<<immediately?

<<The verse teaches:

<<‘until

<<he stands

<<before

<<the congregation

<<for judgment.’

And Rabbi Yosei

<<and Rabbi Akiva —

<<this

<<‘until

<<he stands

<<before

<<the congregation

<<for judgment’ —

<<what

<<do they expound

<<from it?

<<That

<<is needed

<<for that which is taught:

<<Rabbi Akiva

<<says:

<<from where

<<that a Sanhedrin

<<that saw

<<one

<<who killed

<<a person —

<<that they do not

<<execute

<<him

<<until

<<he stands

<<before a court

<<another?

<<The verse teaches:

<<‘until

<<he stands

<<before

<<the congregation

<<for judgment’ —

<<until

<<he stands

<<before a court

<<another.

The Rabbis taught:

<<‘if

<<indeed goes out,

<<the killer’ —

<<I have only

<<intentional;

<<unwitting —

<<from where?

<<The verse teaches:

<<‘if

<<indeed goes out’ —

<<in any case.

But it is taught:

<<and one who kills him —

<<intentionally,

<<is executed;

<<unwittingly,

<<is exiled!

<<It is not a difficulty:

<<this

<<is like the one who says

<<we say

<<‘the Torah spoke in human language’;

<<this

<<is like the one who says

<<we do not

<<say

<<‘the Torah spoke in human language.’

Abaye said:

<<it stands to reason

<<like the one who says

<<‘the Torah spoke in human language,’

<<so that will not

<<be

<<its end

<<more severe

<<than its beginning:

<<just as

<<its beginning —

<<intentionally,

<<is executed;

<<unwittingly,

<<is exiled —

<<so too

<<its end —

<<intentionally,

<<is executed;

<<unwittingly,

<<is exiled.

One taught:

<<a father

<<who killed —

<<his son

<<becomes

<<for him

<<the blood-avenger.

<<And another taught:

<<does not

<<his son

<<become

<<for him

<<the blood-avenger.

<<Shall we say

<<this is

<<Rabbi Yosei HaGelili

<<and this is

<<Rabbi Akiva?

And how can you understand it so?

<<Whether

<<according to the one who says

<<a mitzvah

<<or

<<according to the one who says

<<permitted —

<<is it

<<permitted?

<<But did not Rabba bar Rav Huna say,

<<and so

<<taught

<<the school of Rabbi Yishmael:

<<for everything

<<does not

<<the son

<<become

<<an agent

<<for his father

<<to strike him

<<or to curse him,

<<except

<<for an inciter,

<<for indeed

<<said

<<the Torah:

<<‘you shall not

<<pity

<<and not

<<cover up

<<for him’!

Rather,

<<it is not a difficulty:

<<this is

<<with his son;

<<and this is

<<with his grandson.

MISHNAH:

<<A tree

<<that

<<stands

<<within

<<the boundary,

<<and its canopy

<<leans

<<beyond

<<the boundary,

<<or

<<stands

<<beyond

<<the boundary

<<and its canopy

<<leans

<<within

<<the boundary —

<<all

<<goes

<<after

<<the canopy.

GEMARA:

<<But contrast it:

<<a tree

<<that

<<stands

<<within

<<the inside

<<and leans

<<outward,

<<or

<<stands

<<outside

<<and leans

<<inward —

<<from opposite

<<the wall

<<and inward

<<is as inside;

<<from opposite

<<the wall

<<and outward

<<is as outside!

Ma'aser [sheni]

<<against the cities of refuge

<<do you set?

<<Ma'aser

<<on the wall

<<made dependent

<<the Merciful One;

<<the cities of refuge

<<on residence

<<made dependent

<<the Merciful One —

<<in its canopy

<<one can reside;

<<in its trunk

<<not

<<can one reside.

But contrast

<<ma'aser

<<with ma'aser,

<<as it is taught:

<<in Jerusalem,

<<go

<<after

<<the canopy;

<<in the cities of refuge,

<<go

<<after

<<the canopy.

<<Rav Kahana said:

<<it is not

<<a difficulty —

<<this is

<<Rabbi Yehuda

<<and this is

<<the Rabbis,

<<as it is taught: