Shoftim (parsha) - in Classical Rabbinic Interpretation - Deuteronomy Chapter 19 - Cities of Refuge

Cities of Refuge

Chapter 2 of tractate Makkot in the Mishnah, Tosefta, Jerusalem Talmud, and Babylonian Talmud interpreted the laws of the cities of refuge in Exodus 21:12–14, Numbers 35:1–34, Deuteronomy 4:41–43, and 19:1–13.

The Mishnah taught that those who killed in error went into banishment. One would go into banishment if, for example, while one was pushing a roller on a roof, the roller slipped over, fell, and killed someone. One would go into banishment if while one was lowering a cask, it fell down and killed someone. One would go into banishment if while coming down a ladder, one fell and killed someone. But one would not go into banishment if while pulling up the roller it fell back and killed someone, or while raising a bucket the rope snapped and the falling bucket killed someone, or while going up a ladder one fell down and killed someone. The Mishnah's general principle was that whenever the death occurred in the course of a downward movement, the culpable person went into banishment, but if the death did not occur in the course of a downward movement, the person did not go into banishment. If while chopping wood, the iron slipped from the ax handle and killed someone, Rabbi taught that the person did not go into banishment, but the sages said that the person did go into banishment. If from the split log rebounding killed someone, Rabbi said that the person went into banishment, but the sages said that the person did not go into banishment.

Rabbi Jose bar Judah taught that to begin with, they sent a slayer to a city of refuge, whether the slayer killed intentionally or not. Then the court sent and brought the slayer back from the city of refuge. The Court executed whomever the court found guilty of a capital crime, and the court acquitted whomever the court found not guilty of a capital crime. The court restored to the city of refuge whomever the court found liable to banishment, as Numbers 35:25 ordained, "And the congregation shall restore him to the city of refuge from where he had fled." Numbers 35:25 also says, "The manslayer . . . shall dwell therein until the death of the high priest, who was anointed with the holy oil," but the Mishnah taught that the death of a high priest who had been anointed with the holy anointing oil, the death of a high priest who had been consecrated by the many vestments, or the death of a high priest who had retired from his office each equally made possible the return of the slayer. Rabbi Judah said that the death of a priest who had been anointed for war also permitted the return of the slayer. Because of these laws, mothers of high priests would provide food and clothing for the slayers in cities of refuge so that the slayers might not pray for the high priest's death. If the high priest died at the conclusion of the slayer's trial, the slayer did not go into banishment. If, however, the high priests died before the trial was concluded and another high priest was appointed in his stead and then the trial concluded, the slayer returned home after the new high priest's death.

In Deuteronomy 19:6, the heart becomes hot, and in Deuteronomy 20:3, the heart grows faint. A Midrash catalogued the wide range of additional capabilities of the heart reported in the Hebrew Bible. The heart speaks, sees, hears, walks, falls, stands, rejoices, cries, is comforted, is troubled, becomes hardened, grieves, fears, can be broken, becomes proud, rebels, invents, cavils, overflows, devises, desires, goes astray, lusts, is refreshed, can be stolen, is humbled, is enticed, errs, trembles, is awakened, loves, hates, envies, is searched, is rent, meditates, is like a fire, is like a stone, turns in repentance, dies, melts, takes in words, is susceptible to fear, gives thanks, covets, becomes hard, makes merry, acts deceitfully, speaks from out of itself, loves bribes, writes words, plans, receives commandments, acts with pride, makes arrangements, and aggrandizes itself.