Pisqa’ 186-7¹

1

“Innocent blood shall not be spilled . . . imposing upon you blood-guilt” (Dt.19:10).

Caution the court [to be vigilant about it]!²

 

 

{Pisqa 187}³

“If it happens that a person hates his kinsman, and lies in wait for him to attack him” (Dt.19:11).

On this basis they taught:

If someone transgresses

a simple commandment

—[suffering no consequences]—

he will eventually transgress

an arduous commandment.

If, for example, he transgressed

“You shall love your kinsman as yourself” (Lv.19:18),

he will eventually transgress

“Do not retaliate” (Lv.19:18) or

“Do not harbor a grudge” (Lv.19:18), or

“Do not hate your brother” (Lv.19:17), or

“So that your brother can live with you” (Lv.25:36)—

until, eventually, he’ll spill blood. ⁴

This is why it is said:

“If it happens that a person hates his kinsman, and lies in wait for him to attack him,

and wounds him mortally, and he dies—then he may take refuge in one of these cities” (Dt.19:11).

2

On this basis R. Yose b. R. Judah taught:

[Originally,]⁵ one who kills a person—

whether unwittingly or intentionally—

they all rush to the cities of refuge.

The court sends for them

and brings them from there.

They would execute

the one found guilty of murder,⁶

for it is said:

“Then the elders of his city will send for him and take him from there

and give him into the hands of the blood-avenger, and he shall die” (Dt.19:12).

But they would release

the one found innocent of murder.

For it is said:

“Then the council will spare the unwitting killer

from the blood-avenger” (Nu.35:25). ⁷

The one sentenced to expulsion

is returned to his residence,

as it is said;

“And the council shall return him to the city of his refuge

where he had fled” (Nu.35:25)⁸

3

Rabbi says:

if an [intentional] killer

is expelled to a city of refuge,

and thinks that the city will offer him refuge

as it would an unwitting killer,

then the elders of the city must

send for him and bring him from there,

for it is said:

“Then the elders of his city will send for him . . .

and give him into the hands of the blood-avenger,

and he shall die” (Dt.19:12).⁹

 

“And he shall die by the hand of the blood-avenger” (Dt.19:12).

How do I know that

if he doesn’t die by the hand of the blood-avenger,

he shall die by the hand of anyone else?

The Teaching states:

“Have no pity on him,

so that you may expunge the spilling of innocent blood in Israel” (Dt.19:13).¹⁰

Might you say that

since the victim is already dead,

why should we make ourselves liable

for the blood of his killer?

The Teaching states:

“So that you may expunge the spilling of innocent blood in Israel” (Dt.19:13)—

that is, expunge the evil-doers from Israel.¹¹

1. The materials of F:226 are combined into a jointly-numbered Pisqa’, labeled “186-187.” See Finkelstein’s comment at F:226, n.5. Ish-Shalom:108 suggests that the mss tradition has failed to mark a saliq pisqa’ between 186 and 187 (which would fall, in F: 226, at the middle of l.6). Pardo notes the problem in his commentary, loc. cit., and divides the text into two units, 186 and 187, as do RH and TA. H:206 and JN2:68 follow F without comment, labeling the material here “ Pisqa’ 186-187.”
2. Cf. Pisqa’ 186.1
3. See above note.
4. Cf. ARNA:26.
5. So M. Mak.2:6. Sifre and Sifre Nu., 160 agree against the Mishnah in deleting bari’shonah.
6. //M. Mak.2:6; cf. Sifre Nu. 160.
7. Cf. T. Sotah 5:11.
8. //M.Mak.2:6.
9. Cf. Sifre Num, 160, s.v., rabi ‘omer..
10. //M.Mak.2:7.
11. Cf. Sifre Num, 160; cf. T. Mak.3:7 and Pisqa’ 86.2.