Talmud zu Jehoschua 20:78

MISHNAH: Where are they exiled to? To the cities of refuge. To the three in Transjordan and the three in the Land of Canaan, as it is said⁴⁶Num. 35:14.: Three cities you shall designate in Transjordan, etc. As long as those in the Land of Israel had not been selected⁴⁷Jos. 20:7. Sifry Num. 160., those in Transjordan were not receiving, as it is said⁴⁸Num. 35:13., there shall be six cities of refuge, not until all six were receiving together⁴⁹Giving asylum to the involuntary homicide..
Roads were maintained from one to the other, as it is said⁵⁰Deut. 19:3.: Maintain the road for yourselves, and divide the domain of your Land into three parts⁵¹Divide both the Land of Israel and Transjordan into three Voronoi domains each so that the nearest city of refuge always was indicated on the sign posts.. One sends with them⁵²The homicide. two scholars lest he⁵³The avenger of the blood. kill him⁵²The homicide. on the road, to argue with him. Rebbi Meïr says, he⁵³The avenger of the blood. may argue for himself as it is said⁵⁴Deut. 19:4., this is the word of the homicide.
Rebbi Yose ben Rebbi Jehudah says, at the start both the involuntary and the voluntary [homicide] go to the city of refuge; the court sends and brings them back from there. If one is found guilty by a death sentence, they execute him. If he is found not guilty in a capital case, he is freed. If he is found guilty to be exiled they return him to his place as it is said⁵⁵Num. 35:25., the community shall return him to his city of refuge. Not only⁵⁶The homicide may return to his home town upon the death of the High Priest (Num. 35:28). a [High Priest] anointed with the anointing oil⁵⁷A High Priest of the period of Judges or Kings, anointed from the vial prepared by Moses (Ex. 30:22–33)., but also one wearing the many vestments⁵⁸A High Priest of Second Temple times, wearing an imitation of the High Priest’s robes., and one deposed from his office⁵⁹A High Priest of Herodian times or later, when High Priests usually were appointed annually.. Rebbi Jehudah says, also the one anointed for war⁶⁰To exhort the army, Deut. 20:2. returns the homicide. Therefore, the mothers of the [High] Priests support them with food and clothing, so they should not pray for the death of their sons.
If sentence had been passed when the High Priest died, he is not exiled. If sentence had not yet been passed when the High Priest died, and sentence was passed after a successor had been appointed, he returns after the death of the second.
If sentence was passed when there was no High Priest, or one who killed a High Priest, or a High Priest who killed, can never leave from there. He⁵²The homicide. cannot leave from there, neither for a testimony of obligation,⁶¹A religious act, neither civil nor criminal; e. g., to testify to the appearance of the New Moon. nor a testimony in a civil suit, nor a testimony in a criminal suit, not even if Israel needs him like Joab ben Ṣeruya⁶²David’s general., he cannot ever leave from there, as it is said there⁵⁵Num. 35:25.. There shall be his dwelling, there he shall die, there he shall be buried.
Just as the city grants asylum, so does its domain grant asylum⁶³Every city of refuge also is a Levitic city (Num. 35:6). Each Levitic city was surrounded by a greenbelt of 2’000 cubits, having the same status as the city itself (Lev. 35:4–5; Sotah 5:4 Notes 107–111.) The avenger of the blood has no right to pursue the homicide into the city’s domain.. If a murderer left the domain and was found by the avenger of the blood, Rebbi Yose the Galilean says, it is the obligation of the avenger of the blood and the right of everybody⁶⁴To kill the homicide who left the city of refuge (in the Babli: intentionally).. Rebbi Aqiba says, it is the right of the avenger of the blood and nobody would be liable because of him.
If a tree stands inside the domain but its crown is outside the domain, or the tree stands outside the domain but its crown is inside the domain, everything follows the crown⁶⁵If most of the crown is outside (inside), the entire tree is considered outside (inside). In the Babli, the crown is only taken as an extension of the tree.. If somebody killed in one of these cities, he is exiled from quarter to quarter; but a Levite⁶⁶Whose city it is. Only a Levite can be a permanent resident of a city of refuge. who killed is exiled from one city to another.
Similarly⁶⁷This makes no sense here; it is copied from the identical Mishnah Ševiˋit 10:8., a homicide exiled to a city of refuge whom the citizens of the town wanted to honor, should say to them, I am a homicide. If they tell him, anyway, he should accept, for it is said⁵⁴Deut. 19:4., this is the word of a homicide.

HALAKHAH: “Where are they exiled to,” etc. ⁷⁰Tosephta 3:1–4, 8–9. Babli 9b–10a.“Three cities did Moses designate in Transjordan⁷¹Deut. 4:41.. When they came to the Land they designated another three⁷²Jos. 20:7.. Neither of them were giving asylum until after they conquered and divided⁷³Since the Transjordan towns are rededicated by Josua, Jos. 20:8. Sifry Num. 160.. After they conquered and divided, the Land became obligated for Sabbaticals and Jubilees and these and those⁷⁴The towns dedicated by Moes and Joshua. were giving asylum. The three cities which they designated in the Land of Israel were parallel to the three cities which Moses had designated in Transjordan like two rows in a vineyard. Hebron in Judea parallels Beṣer in the desert. Sichem on Mount Ephraim parallels Ramot Gilead. Qedesh in Galilee parallels Golan in Bashan. (Before) [even though]⁷⁵The text in parentheses, to be deleted, is from the ms., the one in brackets from the Tosephta. they had designated Sichem on Mount Ephraim it could not give asylum; they designated Qiryat-Yearim in its place until they conquered Sichem⁷⁶The king of Sichem is not listed among the kings vanquished by Josua (Jos.12).. (Before) [even though]⁷⁵The text in parentheses, to be deleted, is from the ms., the one in brackets from the Tosephta. they had designated Qedesh in Galilee it could not give asylum; they designated Gamla in its place until they conquered Qedesh.⁷⁷This is difficult to understand since the king of Qedesh is listed in Jos. 12. Gamla is not a biblical name; it was situated on the Eastern shore of the sea of Galilee.”

¹⁰⁹This paragraph is very much truncated in the Leiden ms.; after the introduction is noted “repetition”, i. e., it is found elsewhere and needs no repetition here. But the paragraph is not known from any other place in the Yerushalmi; it is preserved almost completely in the Genizah fragment [G]. Already in 1934 S. Lieberman discovered the full text in Yalqut Makhiri Isaiah(Tarbiz5, p. 109.) The Genizah text is given here in brackets; at one place where it is illegible it is completed from Yalqut Makhiri in the Notes. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: At every occasion where dibbur¹¹⁰If God addresses a human using the root דבר instead of אמר, נאם it is a sign that a new commandment is contained in the following paragraph. is said, there is a new biblical commandment. But is it not written, God spoke (etc., repetition) [to Noah(and his sons with him as follows)¹¹¹Gen. 8:15. The scribe, quoting from memory, erroneously added the end of v. 9:8.? What new biblical commandment is there? He newly introduced limb of a living animal. But is it not written, Abram fell on his face and God spoke to him as follows¹¹²Gen. 17:3.? What new biblical commandment is there? He newly introduced circumcision. But is it not written, a word the Eternal sent to Jacob¹¹³Is. 9:7.? What new biblical commandment is there? He newly introduced …¹¹⁴As the editor of G noted, the illegible word here seems to be מילה, belonging to the preceding sentence. Following Yalqut Makhiri one has to read: The ischiatic tendon. The verse is also quoted in the Babli, Hulin 91a, to prove that the ischiatic tendon remains forbidden in Israel even though its prohibition was not repeated in the Torah after the epiphany of Sinai (in contrast to circumcision, which is mentioned in Lev. 12:3.) As S. Lieberman noted, the argument is correctly explained by Maharsha (R. Samuel Eliezer Idels) in his Notes to Hulin: The prohibition of the ischiatic tendon is the only commandment (דבר) which the Eternal sent through Jacob. The Babli is completely intelligible only on the basis of the Yerushalmi here. But is it not written¹¹⁵Ex. 6:2, the only case of דבר to Moses not in connection with a commandment., God spoke to Moses and said to him, I am the Eternal? What new biblical commandment is there? He newly introduced Sanctification of the Name. But is it not written¹¹⁶Jos. 20:1, introduction to the designation of cities of refuge; the reason for placing the paragraph in this Halakhah., the Eternal spoke to Joshua as follows? What new biblical commandment is there? If you want to say the six cities of refuge, were they not already given to Moses at Sinai? But even to him was spoken what was not said to Moses: He shall flee to one of these cities and stand at the gate etc., and they shall give him a place that he stay with them.¹¹⁷Jos. 20:4.] What means that he stay with them? The rabbis of Caesarea in the name of Rebbi Shila¹¹⁸A student of R. Simeon ben Laqish.: If he is a scholar, they make him a house of assembly¹¹⁹Where others can come and profit from his knowledge (Babli 10a)..

¹⁰⁹This paragraph is very much truncated in the Leiden ms.; after the introduction is noted “repetition”, i. e., it is found elsewhere and needs no repetition here. But the paragraph is not known from any other place in the Yerushalmi; it is preserved almost completely in the Genizah fragment [G]. Already in 1934 S. Lieberman discovered the full text in Yalqut Makhiri Isaiah(Tarbiz5, p. 109.) The Genizah text is given here in brackets; at one place where it is illegible it is completed from Yalqut Makhiri in the Notes. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: At every occasion where dibbur¹¹⁰If God addresses a human using the root דבר instead of אמר, נאם it is a sign that a new commandment is contained in the following paragraph. is said, there is a new biblical commandment. But is it not written, God spoke (etc., repetition) [to Noah(and his sons with him as follows)¹¹¹Gen. 8:15. The scribe, quoting from memory, erroneously added the end of v. 9:8.? What new biblical commandment is there? He newly introduced limb of a living animal. But is it not written, Abram fell on his face and God spoke to him as follows¹¹²Gen. 17:3.? What new biblical commandment is there? He newly introduced circumcision. But is it not written, a word the Eternal sent to Jacob¹¹³Is. 9:7.? What new biblical commandment is there? He newly introduced …¹¹⁴As the editor of G noted, the illegible word here seems to be מילה, belonging to the preceding sentence. Following Yalqut Makhiri one has to read: The ischiatic tendon. The verse is also quoted in the Babli, Hulin 91a, to prove that the ischiatic tendon remains forbidden in Israel even though its prohibition was not repeated in the Torah after the epiphany of Sinai (in contrast to circumcision, which is mentioned in Lev. 12:3.) As S. Lieberman noted, the argument is correctly explained by Maharsha (R. Samuel Eliezer Idels) in his Notes to Hulin: The prohibition of the ischiatic tendon is the only commandment (דבר) which the Eternal sent through Jacob. The Babli is completely intelligible only on the basis of the Yerushalmi here. But is it not written¹¹⁵Ex. 6:2, the only case of דבר to Moses not in connection with a commandment., God spoke to Moses and said to him, I am the Eternal? What new biblical commandment is there? He newly introduced Sanctification of the Name. But is it not written¹¹⁶Jos. 20:1, introduction to the designation of cities of refuge; the reason for placing the paragraph in this Halakhah., the Eternal spoke to Joshua as follows? What new biblical commandment is there? If you want to say the six cities of refuge, were they not already given to Moses at Sinai? But even to him was spoken what was not said to Moses: He shall flee to one of these cities and stand at the gate etc., and they shall give him a place that he stay with them.¹¹⁷Jos. 20:4.] What means that he stay with them? The rabbis of Caesarea in the name of Rebbi Shila¹¹⁸A student of R. Simeon ben Laqish.: If he is a scholar, they make him a house of assembly¹¹⁹Where others can come and profit from his knowledge (Babli 10a)..

¹⁰⁹This paragraph is very much truncated in the Leiden ms.; after the introduction is noted “repetition”, i. e., it is found elsewhere and needs no repetition here. But the paragraph is not known from any other place in the Yerushalmi; it is preserved almost completely in the Genizah fragment [G]. Already in 1934 S. Lieberman discovered the full text in Yalqut Makhiri Isaiah(Tarbiz5, p. 109.) The Genizah text is given here in brackets; at one place where it is illegible it is completed from Yalqut Makhiri in the Notes. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: At every occasion where dibbur¹¹⁰If God addresses a human using the root דבר instead of אמר, נאם it is a sign that a new commandment is contained in the following paragraph. is said, there is a new biblical commandment. But is it not written, God spoke (etc., repetition) [to Noah(and his sons with him as follows)¹¹¹Gen. 8:15. The scribe, quoting from memory, erroneously added the end of v. 9:8.? What new biblical commandment is there? He newly introduced limb of a living animal. But is it not written, Abram fell on his face and God spoke to him as follows¹¹²Gen. 17:3.? What new biblical commandment is there? He newly introduced circumcision. But is it not written, a word the Eternal sent to Jacob¹¹³Is. 9:7.? What new biblical commandment is there? He newly introduced …¹¹⁴As the editor of G noted, the illegible word here seems to be מילה, belonging to the preceding sentence. Following Yalqut Makhiri one has to read: The ischiatic tendon. The verse is also quoted in the Babli, Hulin 91a, to prove that the ischiatic tendon remains forbidden in Israel even though its prohibition was not repeated in the Torah after the epiphany of Sinai (in contrast to circumcision, which is mentioned in Lev. 12:3.) As S. Lieberman noted, the argument is correctly explained by Maharsha (R. Samuel Eliezer Idels) in his Notes to Hulin: The prohibition of the ischiatic tendon is the only commandment (דבר) which the Eternal sent through Jacob. The Babli is completely intelligible only on the basis of the Yerushalmi here. But is it not written¹¹⁵Ex. 6:2, the only case of דבר to Moses not in connection with a commandment., God spoke to Moses and said to him, I am the Eternal? What new biblical commandment is there? He newly introduced Sanctification of the Name. But is it not written¹¹⁶Jos. 20:1, introduction to the designation of cities of refuge; the reason for placing the paragraph in this Halakhah., the Eternal spoke to Joshua as follows? What new biblical commandment is there? If you want to say the six cities of refuge, were they not already given to Moses at Sinai? But even to him was spoken what was not said to Moses: He shall flee to one of these cities and stand at the gate etc., and they shall give him a place that he stay with them.¹¹⁷Jos. 20:4.] What means that he stay with them? The rabbis of Caesarea in the name of Rebbi Shila¹¹⁸A student of R. Simeon ben Laqish.: If he is a scholar, they make him a house of assembly¹¹⁹Where others can come and profit from his knowledge (Babli 10a)..