Мидраш к Бамидбар 35:39

"Command": The command is immediately, for present performance and for future generations. You say thus, but perhaps it is only for future performance! It is, therefore, (to negate this) written "Command the children of Israel that they send … (Bamidbar 19:4) "And the children of Israel did so, sending them outside the camp" — whence we derive that the command is for immediate performance. And whence do we derive that it is (also) for future generations? From (Vayikra 24:2) "Command the children of Israel that they take to you clear olive oil … (3) … an eternal statute for your generations." — But how do we derive (the same) for all the commands in the Torah? R. Yishmael says: Since we find unqualified commands in the Torah, and one of them was qualified as being for present performance and for future generations, we derive the same for all the mitzvoth in the Torah. R. Yehudah b. Bethira says: "command" in all places connotes impulsion (to the act), as it is written (Devarim 3:28) "And command Joshua and strengthen him and fortify him" — whence we learn "We strengthen only the (internally) strengthened," and "We impel only the (internally) impelled." R. Shimon b. Yochai says: "Command" in all places entails expense, as it is written (Vayikra 24:2) "Command the children of Israel that they take to you pure olive oil," (Bamidbar 35:2) "Command the children of Israel that they give to the Levites from the inheritance, etc." (Bamidbar 28:2) "Command the children of Israel and say to them: My offering, My bread, for My fires" — whence we see that "command" in all places entails expense. Except in one; and which is that? (Bamidbar 34:2) "Command the children of Israel and say to them: When you come to the land of Canaan, etc." — where the intent is: Impel them to the division of the land. Rebbi says: "Command" in all places is exhortation, as it is written (Bereshit 2:16-17) "And the L-rd G-d commanded (i.e., exhorted) the man, saying … but of the tree of knowledge of good and evil, you shall not eat."

"Outside of the camp shall you send them": What is the intent of this (after "They shall send out of the camp")? From "They shall send out of the camp," I might think the intent is (only) that they not touch the ark or its bearers, but they should be assigned a place for themselves (inside the camp). It is, therefore, written "Outside of the camp shall you send them": "and they shall not make unclean their camps" — whence (i.e., from the three-fold repetition of "camp") they stated: There were three camps: the Israelite camp, the Levite camp, and the camp of the Shechinah. From the entrance to Jerusalem until the Temple mount — the Israelite camp. From the entrance to the Temple mount until the azarah (the Temple courtyard) — the Levite camp. From the entrance to the azarah and inwards — the camp of the Shechinah. (Ibid. 3) "in whose midst I dwell": Beloved are Israel, who, even when they are tamei, the Shechinah is among them, as it is written (Vayikra 16:16) "who dwells with them in the midst of their uncleanliness," and (Bamidbar) 35:34) "And you shall not defile the land which you inhabit, in which I dwell, for I, the L-rd, dwell in the midst of the children of Israel (even when they are unclean)."

1) (Vayikra 16:16) ("And he shall make atonement for the holy place from the uncleanlinesses of the children of Israel, and from their offenses of all of their sins; and so shall he do for the tent of meeting that dwells with them in the midst of their uncleanlinesses.") "And he shall make atonement for the holy place from the uncleanlinesses of the children of Israel": Three "uncleanlinesses" may be adduced here: that of idolatry, viz. (Vayikra 20:3) ("for of his seed he has given to the Molech) to defile My Sanctuary and to profane My holy name"; that of illicit relations, viz. (Vayikra 18:30) "not to do in the manner of the abominations that were done before you, and you shall not become unclean in them"; that of bloodshed, viz. (Bamidbar 35:34) "And you shall not defile the land wherein you dwell, in whose midst I dwell."

(Fol. 9b) Our Rabbis were taught: Three cities did Moses separate on this side of the Jordan, and corresponding to them, Joshua separated in the land of Canaan, and they were right opposite one against the other, just as two rows in a vineyard. Namely (Josh. 20, 7) Hebron in Judah, opposite (Deut. 4, 43) Bezer in the wilderness; Shechem in the mountain of Ephraim, opposite Ramoth in Gilead; Kedesh in Galilea in the mountain of Naphthali, opposite Golan in Bashan. (Josh. 20, 7) And the three, i.e., it should be divided into three that there shall be the same distance from South Palestine to Hebron as from Hebron to Shechem; and from Hebron to Shechem as from the latter to Kedesh, and from Shechem to Kedesh as from the latter to North Palestine. How is it that three were needed on the other side of the Jordan, and only three for the whole land of Israel? Said Abaye: "In Gilead there were many murderers, (Fol. 10) as it is written (Hos. 6, 8) Gilead is a city of them that work iniquity, it is covered with footprints of blood." And R. Elazar explained the verse: "They followed up [their victims] to commit murder." Why were the cities on both sides of the Jordan far from the boundary, and the middle one near? Said Abaye: "Because Shechem was also full of murderers: as it is said (Ib., ib. 9) And as troops of robbers wait for a man, so doth the company of priests, they murder in the way toward Shechem." What is meant by the company of priests? Said R. Elazar: "They conjoined themselves to kill as the priests who would enjoin themselves to receive the heave-offerings from the barns." But were there not more cities of refuge? Behold there is (Num. 35, 6) And in addition to them shall ye give forty and two cities? Said Abaye: "The former protects the refugee in any instance, whether he is aware of that city being a place of refuge or not; while the latter accept him only when he is aware [of its protective power]." Was then the city of Hebron indeed a city of refuge? Does not the passage say (Jud. 1, 20) And they gave Hebron unto Kaleb as Moses ordered. Said Abaye: "It was only the suburb of it, as it is written (Josh. 21, 12) But the fields of the city, and the villages thereof, gave they to Caleb, the son of Jephunneh."

Resh Lakish said: "Whoever observes carefully the precepts concerning Tzitzith will, as a reward, have two thousand eight hundred servants to wait upon him; for it is said (Zech. 8, 23.) Thus said the Lord of Hosts, 'In those days it shall come to pass that ten men out of all the languages of the nations, shall take hold — yea, they shall take hold of the skirts of him that is a Jew, saying. Let us go with you, for we have heard that God is with you.' " We are taught that R. Nechemia says: "As a punishment for gratuitous hatred, the penalty is strife at the home of that man; and his wife will have miscarriages; and the sons and daughters of that man will die prematurely." R. Elazar, the son of R. Juda, said: "The punishment for the sin of neglecting to separate Challah is an unblessed harvest gathering; a curse will be sent upon the prices of food; and they will sow, but strangers will eat them up, as it is said (Lev. 26, 16.) Then will I also do this unto you; I will inflict on you terror, consumption and fever that consume the eyes and cause sorrow to the heart; and you shall sow your seed in vain, for your enemies shall eat it up. Do not read Behala (terror) but B'chala (on account of Challah), and if the separation of Challah is observed, then, blessings will follow, as it is said (Ezek. 44, 30.) And the first of your dough shall you give to the priest, to cause a blessing to rest on thy house." The punishment for the sin of neglecting laws concerning Terumah and tithes, is that the sky will withhold rain and dew; high prices [in food] will prevail; there will be no profits, and men will run about to earn a livelihood and will not succeed; as it is said (Job 24, 19.) Drought and heat speedily consume the snow waters; so doth the grave those who have sinned. What does that prove? In the academy of R. Ishmael it was taught that it means: "On account of your failure to discharge the duties which I commanded you to perform during the summer you will be robbed during the snow-water winter." But if they do give [Terumah and tithes] they will be blessed, as it is said (Malachi 3, 10.) Bring ye all the tithes into the storehouse that there may be provision in my house, and prove me but herewith, saith the Lord of Hosts, if I will not open for you the windows of heaven, and pour out for you a blessing Aad b'li duy? What is meant by Aad b'li duy? Rami b. Chama in the name of Rab said: "Until your lips grow tired of saying it is enough;" The penalty for the sin of robbery is an invasion of locusts; famine prevails, and people will be fed on the flesh of their own sons and daughters; as it is said (Amos 4, 1.) Hear this word, O ye cows of Bashan, that are on the Mount of Samaria, who oppresseth the poor, who crusheth the needy. (Fol. 33a) Raba said: "For instance, those women of Mechuza who eat but do nothing [they force their husbands to deal dishonestly and to rob]; and it is also written (Ib. ib. 9.) I had smitten you with blasting and mildew, etc., and your vineyards, your fig-trees and your olive trees did the caterpillar devour. It is also written (Joel 1, 4.) What the caterpillar left hath the cankerworm eaten, and that which the cankerworm left hath the crickets eaten; and it is also written (Is. 9, 19.) And he snatcheth on the right hand and is (yet) hungry; and he eateth on the left hand, and is not (yet) satisfied; every man shall eat the flesh of his own arm. Do not read Zero'o (his arm) but read Zaro (his children)." As punishment for the sin of delaying sentence, perverting sentence, corrupting sentence, and neglecting to study the Torah, the sword [of an enemy], with its terrible preying system, pestilence and famine, will come. People will eat but will never be satisfied; they will eat their bread by weight; as it is written (Lev. 26, 25.) And I will bring over you the sword, avenging the quarrel of my covenant. And it is also written (Ib. ib. 26.) When I break unto you the staff of bread; and ten women shall bake your bread in one oven, and they shall deliver your bread by weight, and ye shall eat and not be satisfied, i.e., the word Brith (covenant) refers to the Torah, for it is written (Jer. 33, 25.) If my covenant (Brith) were not by day and night, etc., and it is written (Lev. 26, 43.) Because even they despised my ordinances. As punishment for the sin of swearing in vain, swearing falsely, defaming of the name of God, and desecration of the Sabbath, wild beasts multiply, cattle are destroyed, the people decrease, and the roads become desolate, as it is said (Lev. 25, 23.) And if notwithstanding these things, ye will not be reformed by me. Do not read B'aile (these things) but read it B'ala (swearing), and it is written (Ib. ib. 22.) And I will send out against you the beasts of the field, etc. [Hence we know that the above punishment is for swearing falsely]. It is written concerning swearing falsely (Ib. 19.) And ye shall not swear by my name falsely and thou shalt not thus profane the name of God (Chilalta); concerning the defamation of the name of God it is written (Ib. 22, 12.) So that they profane not my Holy name (T'chalalu), and concerning the desecration of the Sabbath, it is written (Ex. 31, 14.) Every one that defileth it (Mechalaleha) shall surely be put to death. We infer from the word, Chillul (profanation) which appears in all three places [that the punishment for defaming God's name and desecrating the Sabbath is the multiplication of wild beasts, as it is in the case of swearing falsely]. As a punishment for the sin of shedding blood, the Temple is destroyed and the Shechina departs from Israel, as it is written (Num. 35, 33.) And ye shall not defile, etc., and ye shall not render unclean the land which ye inhabit, in the midst of which I dwell, i.e., but if ye do render unclean the land which ye inhabit, then ye will neither inhabit it nor will I live in your midst. As a punishment for the sin of adultery, idolatry and for the neglect of the laws concerning land in the Sabbatical years and the years of Jubilee exile comes, and other nations come and occupy the places of those exiled; as it is written (Lev. 18, 2.) For all these abominations have the men of the land done, etc., and again (Ib.) And the land became defiled, etc. Wherefore I have visited its iniquity upon it, etc. It is also written (Ib. ib. 28.) That the land may not submit you forth when ye defile it. Concerning the warning against idolatry, it is written (Ib. 26, 30.) And I shall cast your carcasses, etc. It is also written further And I will make desolate your sanctuary, etc. And ye will be scattered among the nations. Concerning the warning in the matters of the Sabbatical year and the year of Jubilee, it is written (Ib. ib. 34.) Then shall the land satisfy its Sabbath, all the days of its desolation, when ye are in the land of the enemies, etc. All the days of its supposed desolation shall it rest.

2) "the congregation of Israel": I might think the entire congregation is being referred to; it is, therefore, written here "congregation" and elsewhere (Numbers 35:24 and Numbers 35:25) "congregation." Just as a "congregation" there refers to beth-din, so, "congregation" here refers to beth-din. If so, I might think that just as "congregation" there refers to (a beth-din of) twenty-three, so, "congregation" here. It is, therefore, written: "the congregation of Israel." — the congregation which is "distinctive" in Israel. Which one is that? The Great Sanhedrin (of seventy-one), which sits in the lishkath hagazith (the "chamber of hewn stone").

2) "the congregation of Israel": I might think the entire congregation is being referred to; it is, therefore, written here "congregation" and elsewhere (Numbers 35:24 and Numbers 35:25) "congregation." Just as a "congregation" there refers to beth-din, so, "congregation" here refers to beth-din. If so, I might think that just as "congregation" there refers to (a beth-din of) twenty-three, so, "congregation" here. It is, therefore, written: "the congregation of Israel." — the congregation which is "distinctive" in Israel. Which one is that? The Great Sanhedrin (of seventy-one), which sits in the lishkath hagazith (the "chamber of hewn stone").

(Deut. 4:41:) THEN MOSES SET APART. What is the meaning of THEN? <It is> a word <denoting> a song. Who uttered a song? The murderer of whom it is written (in Numb. 35:16): THE MURDERER SHALL SURELY BE PUT TO DEATH; for the murderer will not be slain.¹³I.e., the one who kills by accident will not be slain, when he reaches one of the cities of refuge set apart by Moses.

Another interpretation: Who uttered a song? Israel uttered a song. Since it is written (in Numb. 35:33): AND FOR THE LAND THERE IS NO EXPIATION FOR THE BLOOD <THAT IS SHED UPON IT, EXCEPT BY THE BLOOD OF THE ONE WHO SHED IT>. Israel said: Shall whoever kills by accident be killed? When Moses stated his remedy for the matter, Israel uttered a song.

Another matter: “Behind your braid your hair is like a flock of goats that streams down [shegaleshu] from Mount Gilad” (Song of Songs 4:1) – the mountain from whose midst you took away [shegelashtem], I rendered a memorial for the nations of the world. Which is this? This is the Temple, as it is stated: “You are awesome, God, from Your Temple” (Psalms 68:36). From where does awe emerge? Is it not from the Temple? This is what it says: “You shall observe My Sabbaths and you shall revere My Sanctuary” (Leviticus 26:2) – as it is sanctified in its destruction just as it was sanctified while it was built. The matters can be inferred a fortiori: If to His Temple the Holy One blessed be He did not show favor, when He will come to exact punishment upon its destroyers all the more so.
What is it that you took away from its midst? “Your teeth are like a flock of ordered ewes” (Song of Songs 4:2) – defined matters, these are the vestments of the High Priesthood, as we learned there:⁴¹Yoma 71b The High Priest serves in eight vestments and the common [priest] in four: tunic, trousers, mitre, and sash. The High Priest adds beyond these the breastplate, ephod, robe, and the sacred frontplate.
The tunic would atone for murderers, just as it states: “They dipped the tunic in blood” (Genesis 37:31); some say for those who don garments of diverse kinds, just as it states: “He made for him a fine tunic” (Genesis 37:3).⁴²This verse refers to the tunic that Jacob made for Joseph. According to one opinion, it contained wool and linen (see Bereshit Rabba 84:8). At the very least, its stripes could be reminiscent of different types of materials. The midrash takes this as an allusion to the fact that the tunic of the High Priest atones for the transgression of diverse kinds. The trousers atone for forbidden sexual relations, just as it states: “Make them linen trousers to cover the flesh of their nakedness” (Exodus 28:42). The mitre atones for the haughty, just as you say: “You shall place the mitre on his head” (Exodus 29:6). For what did the sash atone? For those with criminal thoughts.⁴³Apparently text should be added here such that this sentence reads: For thieves, and some say for criminal thoughts (see Vayikra Rabba 10:6). The reason for the one who says for the thieves, it is because it was hollow, corresponding to thieves who perform their actions clandestinely.⁴⁴There was space inside the sash, like a secret hiding place. According to the one who says it was for criminal thoughts, Rabbi Levi said: It was thirty-two cubits long, and he would twist it to this side and that.⁴⁵He would wrap it all the way around himself multiple times, representing the twisted thoughts of those with criminal and dishonest intent. The breastplate would atone for those who distort justice, just as it says: “You shall place in the breastplate of judgment” (Exodus 28:30). The ephod would atone for idol worshippers, just as it says: “No ephod and no terafim” (Hosea 3:4).⁴⁶Terafim are household idols. The robe would atone for evil speech. Rabbi Simon [said] in the name of Rabbi Yonatan of Beit Guvrin: There are two items for which there was no atonement⁴⁷No offering designated to atone for it. but the Torah designated atonement for them, and these are: Evil speech and one who murders unwittingly. There was no atonement for evil speech, but the Torah designated atonement for it: the bell of the robe, as it is stated: “It shall be upon Aaron to serve, and its sound shall be heard…” (Exodus 28:35). Let the sound come and atone for the sound of evil speech. There was no atonement for one who murders unwittingly, but the Torah designated atonement for it, this is the death of the High Priest, as it stated: “He shall dwell in it until the death of the High Priest” (Numbers 35:25). The frontplate would atone for the impudent, and there is one who says for the blasphemers. The one who says for the impudent, just as it says: “On Aaron’s forehead [metzaḥ]” (Exodus 28:38), and below it says: “Yet you had the impudence [metzaḥ] of a harlot…” (Jeremiah 3:3). According to the one who says for the blasphemers, “it shall be on his forehead always” (Exodus 28:38), and below it says: “the stone penetrated his forehead” (I Samuel 17:49).⁴⁸The stone shot by David penetrated the forehead of Goliath, who had blasphemed God.
It is written: “He fell on his face to the ground” (I Samuel 17:49). Why is it that “he fell on his face”?⁴⁹The force of the stone to his forehead should have caused him to fall backward. Rather, initially you learn: “His height was six cubits and one span” (I Samuel 17:4) – so that this righteous one will not be inconvenienced to walk his entire height, therefore, it is written: “He fell on his face to the ground.”⁵⁰Divine providence had Goliath fall forward so that David would not have to walk too far in order to cut off his head. Rabbi Huna said: It is because Dagon his god was engraved on his heart, to fulfill what is stated: “I will cast your carcasses upon the carcasses of your idols” (Leviticus 26:30).
Another matter: “He fell on his face to the ground” (I Samuel 17:49) – Rabbi said: So that the disgusting mouth that cursed and blasphemed would be hidden [in the ground], like that which is stated: “Hide them in the dust together” (Job 40:13). Alternatively, “he fell on his face to the ground” – so that this righteous one would not have a troubled mind.⁵¹He would be certain that Goliath no longer posed a danger even though he was not yet dead. Alternatively, “he fell on his face” – so that this righteous one would come and step on [the back of] his neck, to fulfill what is stated: “You will trample their high places” (Deuteronomy 33:29).
“That have come up from bathing” (Song of Songs 4:2) – they atone for Israel. “That are all paired” (Song of Songs 4:2) – these are the two braided chains of gold that emerge from the midst of the breastplate and appeared from its midst like two tassels. “And there is none missing among them” (Song of Songs 4:2) – that not one of them was tattered. “Your lips are like a scarlet thread” (Song of Songs 4:3) – this is the sacred crown.⁵²This is a reference to the blue threads that passed over the head of the High Priest and fastened the frontlet to his forehead. “Your speech is lovely” (Song of Songs 4:3) – this is the frontplate.
Rabbi Yonatan was ascending to pray in Jerusalem. When he reached a certain Pelatinus,⁵³This is a reference to Mount Gerizim, which the Cuthites and Samaritans considered sacred. a certain Cuthite encountered him. He said to [Rabbi Yonatan]: ‘Where are you going?’ [Rabbi Yonatan]said to him: ‘To pray in Jerusalem.’ He said to [Rabbi Yonatan]: ‘Would it not be preferable for you to ascend and pray on this blessed mountain and not pray in those ruins [in Jerusalem]?’ [Rabbi Yonatan] said to him: ‘Why is this mountain blessed?’ He said to [Rabbi Yonatan]: ‘Because it was not flooded with the Flood waters.’ That is what people say: The Land of Israel was not flooded with the Flood waters. An answer slipped the mind of Rabbi Yonatan at that moment and he did not respond to him. His donkey driver said to him: ‘Rabbi, allow me, and I will respond to him.’ He said to him: ‘Respond to him.’ He said to that Cuthite: ‘This mountain, what do you consider it? If it is one of the high mountains, is it not written: “All the high mountains were covered” (Genesis 7:19)? If it is one of the low mountains, it is written: “Fifteen cubits upward the waters intensified, and the mountains were covered” (Genesis 7:20). The verse did not address the low mountains. If regarding the high mountains it is written: “All the mountains were covered,” all the more so regarding the low ones.’ At that moment the Cuthite fell silent and was unable to find a response. At that moment, Rabbi Yonatan dismounted and drove his donkey driver three mil, and he read in his regard three verses: “You will be the most blessed of all the peoples; there will be no male or female infertile among you or among your animals” (Deuteronomy 7:14), even among those of you who work with animals; and this: “Any weapon crafted against you will not succeed…” (Isaiah 54:17); and this: “your temple is like a pomegranate slice [rakatekh]” (Song of Songs 4:3) – even the empty [reikan] among Israel is packed with answers like a pomegranate. “Behind your braid [letzamatekh]” – and it goes without saying regarding the modest and the fervent [metzumatin] among you.

4) "And he shall return to his family, and to the holding of his fathers shall he return." R. Eliezer b. R. Yaakov said: Of whom is Scripture speaking? If of a nirtza (one who elected life-long servitude), this has already been mentioned. If of one who sold himself, this has (also) been mentioned. It must be speaking, then, of one who was sold by beth-din one or two years before the Yovel, as subject to release by the Yovel. Variantly: "And he shall return to his family and to the holding of his fathers shall he return": He returns to the office that he held in his family. These are the words of R. Meir. R. Yehudah says: To his holding and to his family he returns, but he does not return to the office that he held in his family. And the same applies to one who was exiled (to the cities of refuge, viz. Bamidbar 35:28). "shall he return": to include a murderer (in the emancipation of Yovel.)

5) "And you shall return a man to his possession, and a man to his family you shall return.": R. Eliezer b. Yaakov said; Of whom is this stated? If of one who sold himself (into servitude), this has already been stated. If of one who was sold by beth-din, this has already been stated; and if of one who was sold by beth-din, the law in respect to this has also been stated. It must be speaking, then, of one who impressed himself into perpetual servitude by having his ear bored (as a sign of submission three or four years) before Yovel, (Scripture telling us) that Yovel releases him from his bondage. "and a man to his family you shall return": to the office that he held in his family. These are the words of R. Meir. R. Yehudah says: To his holding and to his family he returns, but he does not return to the office that he held in his family. And the same applies to one who was exiled (to the cities of refuge, viz. Bamidbar 35:28). "you shall return" (superfluous): to include a woman (sold by her father as a maid-servant in the emancipation of Yovel).

(Numb. 1:1) “Then the Lord spoke unto Moses in the Sinai desert.” [Sinai] was called by six names: Mountain of God (as in Ps. 68:16), Mount Bashan (ibid.), Mountain of Peaks (ibid.), Mountain of Desire (hmd), Mount Horeb (Exod. 3:1; 33:6; etc.), and Mount Sinai.³¹Numb. R. 1:8. The Mountain of God is [so called] because on it God sat in judgment, as stated (in Exod. 21:1), “Now these are the judgments³²Mishpatim. In the biblical context the word would more normally be translated ordinances. which you shall set before them.” Mount Bashan is the mountain where (sham) Holy One, blessed be He, came (ba').³³In the Hebrew text sham and ba’ appear in the opposite order and next to each other as ba’ sham. The Mountain of Peaks (gavenunnim, rt.: gbn) is the mountain where He disqualified all the [other] mountains,³⁴See Gen. R. 109:1, which depicts the mountains contending with each other to host the revelation of the Torah and generally expands what follows. just as you say (in Lev. 21:20), “or a hunchback (gbn) or a dwarf.”³⁵The context is a list of those rejected from serving in the priesthood. The implication here is that, unlike Sinai where the ordinances for priesthood where given, the other mountains were hunchbacks or dwarfs and therefore rejected. Mountain of Desire (rt.: hmd) is [so called], because on it the Holy One, blessed be He, desired (hmd) to dwell, as stated (in Ps. 68:17), “the mountain God desired for His dwelling.” Mount Horeb (rt.: hrb) is [so called], because upon it the sword (rt.: hrb) [of judgment] was unsheathed, as stated (in Lev. 20:10), “the adulterer and the adulteress shall surely be put to death,” [and] (in Numb. 35:16), “the murderer shall surely be put to death.” Mount Sinai is [so called], because on it the peoples of the world became hateful (rt.: sn') to the Holy One, blessed be He; and He rendered a verdict³⁶Gk.: apophasis. against them, as stated (in is. 60:12), “and the gentiles shall be utterly (hrb) destroyed (rt.: hrb).” R. Abba bar Kahana said in the name of R. Johanan, “’And the gentiles shall be utterly destroyed’ – it was where they received a verdict.”

Another interpretation (of Numb. 1:1): THEN THE LORD SPOKE UNTO MOSES IN THE SINAI DESERT. <Sinai> was called by six names: Mountain of God (as in Ps. 68:16 [15]), Mount Bashan (ibid.), mountain of peaks (ibid.), mountain of desire (HMD), Mount Horeb (Exod. 3:1; 33:6; etc.), Mount Sinai.⁴⁴Tanh., Numb. 1:7; Numb. R. 1:8. The mountain of God is <so called> because on it God sat in judgment, as stated (in Exod. 21:1): NOW THESE ARE THE JUDGMENTS⁴⁵Mishpatim. In the biblical context the word would more normally be translated ORDINANCES. WHICH YOU SHALL SET BEFORE THEM. Mount Bashan is the mountain where (sham) Holy One came (ba').⁴⁶In the Hebrew text sham and ba’ appear in the opposite order and next to each other as ba’ sham. The mountain of peaks (gavenunnim, rt.: GBN) is the mountain where he carved out and rejected⁴⁷Pasal. The word can mean both “carved” and “rejected.” In carving a statue one rejects what is chipped away. The statue itself, like Israel, is what remains. all the <other> mountains.⁴⁸See Gen. R. 109:1, which depicts the mountains contending with each other to host the revelation of the Torah and generally expands what follows. Where is it shown? <It is> just as you say (in Lev. 21:20): OR A HUNCHBACK (GBN) OR A DWARF.⁴⁹The context is a list of those rejected from serving in the priesthood. The implication here is that, unlike Sinai where the ordinances for priesthood where given, the other mountains were hunchbacks or dwarfs and therefore rejected. The mountain of desire (rt.: HMD) is <so called>, because on it the Holy One desired (HMD) to dwell, as stated (in Ps. 68:17 [16]): THE MOUNTAIN GOD DESIRED FOR HIS DWELLING. Mount Horeb (rt.: HRB) is <so called>, because upon it the sword (rt.: HRB) <of judgment> was unsheathed, as stated (in Lev. 20:10): THE ADULTERER AND THE ADULTERESS SHALL SURELY BE PUT TO DEATH, <and> (in Numb. 35:16): THE MURDERER SHALL SURELY BE PUT TO DEATH. Mount Sinai is <so called>, because on it the peoples of the world became hateful (rt.: SN') to the Holy One, and he rendered a verdict⁵⁰Gk.: apophasis. against them, as stated (in Is. 60:12): AND THE GENTILES SHALL BE UTTERLY (HRB) DESTROYED (rt.: HRB). R. Abba bar Kahana said in the name of R. Johanan: AND THE GENTILES SHALL BE UTTERLY⁵¹In this repetition of Is. 60:12 the Buber text alters the word translated UTTERLY from harov to mehurav. This change also appears in the parallel text of ySot. 7:5 (21d), but not in the traditional parallel texts of Tanh., Numb. 1:7, and Numb. R. 1:8. DESTROYED. <It was> where they received a verdict.

7) (Vayikra 24:21) ("And one who strikes a beast shall pay, and one who strikes a man shall be put to death.") I might think that if one blinded another's eye, his eye should be blinded; that if he cut off his hand, his hand should be cut off; that if he broke his leg, his leg should be broken; it is, therefore, written "one who strikes a beast," "one who strikes a man" — Just as one who strikes a beast pays, so, one who strikes a man pays. And if you would object: (But it is written [Bamidbar 35:31]) "You shall not take kofer (monetary payment) for the life of a murderer" — for a murderer you do not take kofer, but you do take kofer for (injury to) the limbs.

(Numb. 35:9–11:) AND THE LORD SPOKE <UNTO MOSES, SAYING>: SPEAK UNTO THE CHILDREN OF ISRAEL, <AND SAY UNTO THEM:> WHEN YOU CROSS <THE JORDAN TO THE LAND OF CANAAN, YOU SHALL PROVIDE YOURSELVES WITH CITIES TO BE CITIES OF REFUGE, WHERE A KILLER MAY FLEE WHO HAS TAKEN A LIFE BY MISTAKE>. This text is related (to Ps. 25:8): THE LORD IS GOOD AND STRAIGHTFORWARD; THEREFORE HE INSTRUCTS SINNERS IN THE WAY. (Ibid., vs. 6:) BE MINDFUL OF YOUR MERCIES, O LORD, AND OF YOUR STEADFAST LOVE…. David said to the Holy One, Sovereign of the Universe, were it not for your mercies, which took precedence for the first Adam, he would not have survived.³¹Tanh., Numb. 10:11; Numb. R. 23:13. Although you said to him (in Gen. 2:17): FOR ON THE DAY THAT YOU EAT FROM IT, YOU SHALL SURELY DIE, you did not act in that way. Instead you excluded him from the Garden of Eden, as stated (in Gen. 3:24): SO HE DROVE OUT THE HUMAN. So why was he driven out? Because he had brought death to <all future> generations, he should have died immediately; but because you were merciful to him, you <simply> drove him out. It is the same with one who kills by mistake, when he goes into exile into the cities of refuge. It is therefore stated (in Ps. 25:6): BE MINDFUL OF YOUR MERCIES, O LORD, AND OF YOUR STEADFAST LOVE,…. When Moses arose, the Holy One said to him (in Numb. 35:11): YOU SHALL PROVIDE YOURSELVES WITH CITIES <TO BE CITIES OF REFUGE>,…. Moses said: Sovereign of the Universe, when someone takes a life by mistake in the South or in the North, how will he know where the cities of refuge are, to which he should flee? He said to him (in Deut. 19:3): YOU YOURSELF SHALL PREPARE (rt.: TKN) THE ROAD (derekh). You yourself shall make the roads <to these cities> straight (rt.: TKN), so that <anyone fleeing to them> will not go astray for the blood avenger to find him and kill him, WHEN (according to vs. 6) HE DID NOT INCUR THE DEATH PENALTY. He said to him: How? He said to him: Erect road markers³²stelai; Lat.: stelae. directing (rt.: TKN) <such a refugee> to the cities of refuge, so that he will know how to go there; and on every marker inscribe: <Involuntary> killers to the cities of refuge, as stated (in Deut. 19:3): YOU YOURSELF SHALL PREPARE (rt.: TKN) THE ROAD (derekh)…. Thus David has said (in Ps. 25:8): THE LORD IS GOOD AND STRAIGHTFORWARD; THEREFORE HE INSTRUCTS SINNERS IN THE WAY (derekh). <Now> if for killers he has made a way and a road (derekh; rt.: DRK for them to flee and escape death), how much the more so in the case of the righteous. (Ps. 25:9:) HE LEADS (rt.: DRK) THE LOWLY IN THE RIGHT PATH.

... “And David went and he took the bones of Saul and the bones of Jonathan his son from the men of Jabesh- gilead… And he brought up from there the bones of Saul and the bones of Jonathan his son…” (Shmuel II 21:12-13) What did David do? He went and gathered all the elders and great ones of Israel, crossed the Jordan River, and came to Yavesh-gilead. He found the bones of Shaul and his son Yonatan, placed them in a casket and crossed back over the Jordan, as it says “And they buried the bones of Saul and Jonathan his son in the country of Benjamin in Zela, in the tomb of Kish his father and they did all that the king commanded…” (Shmuel II 21:14) What does ‘in Zela, in the tomb of Kish his father’ mean? It comes to teach us that they brought them to the border of Jerusalem and buried them there. Zela is next to Jerusalem, as it says “And Zelah, Eleph, and the Jebusite, which is Jerusalem…” (Yehoshua 18:28) ‘and they did all that the king commanded’ And what did the king command? He commanded that they carry Shaul’s casket from tribe to tribe. As Shaul’s casket entered each tribe’s territory all the men, women and children came out in order to perform an act of loving kindness to Shaul and his sons and thereby all of Israel would fulfill its obligation to loving kindness. This went on until they reached the land of his portion on the border of Jerusalem. Since the Holy One saw that they did loving kindness to Shaul and fulfilled the judgement of the Givonites He was immediately filled with mercy and sent rain upon the land, as it says “And God was entreated for the land after that.” (Shmuel II 21:14) From this we learn how close the Holy One brings those that are far away, even though they converted not for the sake of heaven. There is no need to even mention how he draws near righteous converts, “O Lord, all the kings of the earth will acknowledge You…” (Tehillim 138:4)

8) And whence is it derived that the claim in question is only a money claim? R. Eliezer said: "Ors are stated here ("or saw or knew") and "ors" are stated in respect to (denying) a pledge [pikadon] (Vayikra 5:21: "or (denying) a deposit or a theft"). Just as the "ors" stated in respect to a pledge involve only money claims, so the "ors" stated here (in respect to withholding testimony) involve only money claims. — This is refuted by the "ors" of a murderer (Bamidbar 35:20): "or if in hatred he thrust him or hurled at him in ambush"), which are "ors" but do not involve money claims. —

(Numb. 35:11:) WHERE A KILLER MAY FLEE WHO HAS TAKEN A LIFE BY MISTAKE, and not on purpose. If someone goes and kills on purpose, then says: It was by mistake that I killed, and flees to <one of the> cities of refuge, the Holy One says: Even if he comes in and flees to my altar, kill him, according to what is stated (in Exod. 21:14): BUT WHEN SOMEONE PLOTS AGAINST <HIS COMPANION AND KILLS HIM TREACHEROUSLY>, YOU SHALL TAKE HIM AWAY <EVEN> FROM MY ALTAR <FOR EXECUTION>. Who was this person who fled to the altar and was killed? This was Joab, of whom it is stated (in I Kings 2:28): WHEN THE NEWS CAME TO JOAB,…. <JOAB FLED UNTO THE TENT OF THE LORD> AND SEIZED THE HORNS OF THE ALTAR. You find that Joab was a great sage and the head of the Sanhedrin,³³Gk.: Synehedrion. as stated (in II Sam. 23:8): ONE WHO SITS IN THE SEAT OF WISDOM.³⁴These words are commonly understood as the proper name, JOSHEB-BASSHEBETH, A TAHCHEMONITE, but this and other citations of the verse in rabbinic literature tend to understand the verse as translated here. See above, Tanh. (Buber), Gen. 4:12, and the note there; also below, Tanh. (Buber), Deut. 1:3. Cf. MQ 26b, for an interpretation that identifies this sage with David himself. But did he not know what is written in the Torah (in Exod. 21:14): <BUT WHEN SOMEONE PLOTS AGAINST HIS COMPANION AND KILLS HIM TREACHEROUSLY>, YOU SHALL TAKE HIM AWAY <EVEN> FROM MY ALTAR FOR EXECUTION, [when he went and seized the horns of the altar]?³⁵yMakk. 2:7 [6] (31d); Sanh. 48b; see Makk. 12b. It is simply that [Joab] had said: Those killed by a court of law are not buried in the graves of their ancestors but by themselves. It is better to die here, so that I may be buried with my ancestors. (I Kings 2:30–31:) THEN BENAIAH BROUGHT BACK WORD UNTO THE KING, SAYING: THUS HAS JOAB SPOKEN AND THUS DID HE ANSWER ME. SO THE KING SAID TO HIM: DO AS HE HAS SPOKEN, STRIKE HIM DOWN AND BURY HIM. Why was he killed? Because his (Solomon's) father, David, had ordered him <to do> so (in I Kings 2:5–6): MOREOVER, YOU ALSO KNOW WHAT JOAB BEN ZERUIAH DID TO ME…. <SO ACT IN ACCORDANCE WITH YOUR WISDOM, AND DO NOT LET HIS GRAY HAIR GO DOWN TO SHEOL IN PEACE.> What did he do to him? You find that, when David wrote to Joab (in II Sam. 11:15): SET URIAH IN THE FRONT LINE WHERE THE FIGHTING IS THE FIERCEST, he did so, and he was killed. All the army leaders assembled against Joab, as stated of him (in II Sam. 23:39): URIAH THE HITTITE, <was one of> ALL <those> {THIRTY-SIX} [THIRTY-SEVEN} <leaders>. He showed them the document. It is therefore stated (in I Kings 2:5): [YOU KNOW] WHAT [JOAB BEN ZERUIAH] DID TO ME AND WHAT HE DID TO THE TWO COMMANDERS OF ISRAEL's FORCES, TO ABNER BEN NER <AND TO AMASA BEN JETHER> [….] They had been of the opinion that David had ordered him to kill him because Abner was Saul's cousin, and for that reason David arose and cursed Joab, when he said (in II Sam. 3:29): MAY THE HOUSE OF JOAB NEVER LACK <ONE WITH A DISCHARGE, A LEPER, ONE WHO GRASPS THE CRUTCH,³⁶Modern translations commonly understand these words to mean, A MALE WHO HANDLES THE SPINDLE, but the midrash understands them in the sense given here. ONE WHO FALLS BY THE SWORD, AND ONE LACKING BREAD>. Then all Israel was appeased,³⁷Rt.: PYS. Cf. Gk.: peisai (“to have persuaded”). when they knew that there was no <authorization> from David. So David ordered his son, Solomon, to kill him, because Joab was the son of David's sister, and he wanted him to approach the world to come.³⁸If he received punishment is this world, his deed would no longer bar him from doing so. When Solomon desired to kill him, Joab said to Benaiah: Go and tell Solomon: Do not sentence me with two judgments. If you are killing me, take off from me the curses with which your father, David, cursed me; and if not, leave me with his curses. Immediately (in I Kings 2:31): SO [THE KING] SAID TO HIM: DO AS HE HAS SPOKEN. [STRIKE HIM DOWN AND BURY HIM.] R. Judah has said: All curses with which David cursed Joab were all fulfilled in David's seed. [(II Sam. 3:29:) MAY THE HOUSE OF JOAB NEVER LACK ONE WITH A DISCHARGE, A LEPER, ONE WHO GRASPS THE CRUTCH, ONE WHO FALLS BY THE SWORD, AND ONE LACKING BREAD.]³⁹yQid. 1:7 (61a); cf. above, Gen. 7:7; ‘Arakh. 16a. ONE WITH A DISCHARGE <was fulfilled in> Rehoboam ben Solomon (according to I Kings 12:18 = II Chron. 10:18): THEN KING REHOBOAM SUCCEEDED IN MOUNTING HIS CHARIOT (merkavah) <AND FLED TO JERUSALEM>. It also says concerning ONE WITH A DISCHARGE (in Lev. 15:9): AND ANY SADDLE (merkav) ON WHICH THE ONE WITH A DISCHARGE RIDES <SHALL BE UNCLEAN>. (II Sam 3:29, cont.:) A LEPER <was fulfilled in> Uzziah, of whom it is stated (in II Kings 15:5): AND HE WAS A LEPER UNTIL THE DAY OF HIS DEATH. (II Sam 3:29, cont.:) ONE WHO GRASPS THE CRUTCH <was fulfilled in> Asa, of whom it is written (in I Kings 15:23): HOWEVER IN HIS OLD AGE HE BECAME DISEASED IN HIS FEET, where gout⁴⁰Gk.: podagra; Lat.: podagra. had seized him. (II Sam 3:29, cont.:) ONE WHO FALLS BY THE SWORD <was fulfilled in> Josiah, of whom it is written (in II Chron. 35:23): THEN THE ARCHERS SHOT KING JOSIAH. Moreover, Rav Judah has said: Rav said: they thrust three hundred iron lances⁴¹Gk.: longchai. into him, until they had perforated him like a sieve. (II Sam 3:29, cont.:) AND ONE LACKING BREAD <was fulfilled in> Jehoiachin, of whom it is stated (in II Kings 25:30 = Jer. 52:34): AND FOR HIS FOOD ALLOWANCE A REGULAR FOOD ALLOWANCE WAS GIVEN TO HIM FROM THE KING, from the table of Evil-merodach. You also find that as long as Jehoiada lived, Joash did the will of his creator, as stated (in II Kings 12:3 [2] // II Chron. 24:2): AND JEHOASH DID WHAT WAS RIGHT IN THE EYES OF THE LORD ALL HIS DAYS AS THE PRIEST JEHOIADA INSTRUCTED HIM. (II Chron. 24:17:) NOW AFTER THE DEATH OF JEHOIADA, THE PRINCES OF JUDAH CAME {UNTO HIM} AND BOWED LOW TO THE KING. THEN THE KING HEARKENED UNTO THEM, in that he took it upon himself to make an idol. Therefore (According to vs. 24): <THE ARMY OF ARAM CAME WITH A FEW MEN….> SO THEY INFLICTED JUDGMENTS ON JOASH. Now for what was Abner punished. It was because he had made the blood of the young men an amusement (rt.: SHQ), as stated (in II Sam. 2:14): THEN ABNER SAID UNTO JOAB: PLEASE LET THE YOUNG MEN ARISE AND PLAY (rt.: SHQ) BEFORE US. SO JOAB SAID: LET THEM ARISE.⁴²The result of their “playing” was that they all killed each other. See above, Gen. 6:5; Exod. 1:24; Numb. 6:8. There are also those who say it was because he put his name before the name of David, as stated (in II Sam. 3:12): THEN ABNER SENT MESSENGERS UNTO DAVID WHERE HE WAS, SAYING: TO WHOM DOES THE LAND BELONG? But the sages say: It was because he did not [wait] for Saul to be reconciled with David. Moreover, he had the power to protest <the massacre> at Nob, the city of priests, and did not protest.

(Numb. 2:1-2:) “Then the Lord spoke unto Moses and unto Aaron, saying, ‘[The Children of Israel shall camp,] each with his standard, under the banners….’” Let our master instruct us: Within how many cubits is it permitted for one to walk on the Sabbath? Thus have our masters taught: One who observes the Sabbath on the road makes a circle with a radius of four cubits for himself.³⁸Numb. R. 2:9; cf.‘Eruv. 4:5-8. [These are] the words of R. Haninya ben Antigonus. Then he moves [objects] on the Sabbath within four cubits and says, “My Sabbath rest is in this place where I am.” So his place gives him the right [to go] two thousand cubits in any direction. But how much are four cubits? R. Judah says, “Enough for him to take a cask from his feet and put it by his headrest.” And one who keeps the Sabbath in a city, even though it is as large as Antioch, may walk all of it, its outskirts, and two thousand cubits beyond its outskirts.³⁹‘Eruv. 60a. What is the meaning of "outskirts"? The shops and the inns⁴⁰Gk.: pandokeia. which are on the road outside the city. And the one who keeps the Sabbath in a cave, even though it is as large as the cave where king Zedekiah of Judah fled,⁴¹Zedekiah’s flight to a cave (me‘arah) may have been suggested by Jer. 52:7, according to which he fled for the Arabah. which was twelve mil⁴²Lat.: mille. long,⁴³Cf. Numb. R. 2:9, according to which the cave was eighteen miles long. may walk all of it and outside of it for two thousand cubits in any direction he wishes. And from where did the sages find support? From the words of the Torah, [where it is stated] (in Numb. 35:5), “And you shall measure off two thousand cubits outside the town on the east side….” And likewise you find in the case of Joshua, when he went to destroy Jericho, Joshua said to them (i.e., to Israel), “You are going to keep the Sabbath there. Do not go further than two thousand cubits from the ark in any direction. Why? So that you may be entitled to come to pray before the ark on the Sabbath.” And so it says (in Joshua 3:4), “Yet there shall be a distance between you and it (the ark of the covenant) of about two thousand cubits by measure, never coming any closer to it; so that you may know by what route to march, since it is a road you have not traveled before.” And likewise you find, when God told Moses that he should have Israel encamp under standards, He said to him, “Have them encamp under their standards in every direction. Where is it shown? From what they read on the matter (in Numb. 2:2), “each with his standard” (meaning that they shall camp around the tent of meeting at a distance).⁴⁴Numb. R. 2:9 explains further that Gen. 21:16 defines at a distance as a bowshot, which is equivalent to a Roman mile (i.e., a thousand paces), which equals two thousand cubits.

(Numb. 2:1-2:) THEN THE LORD SPOKE UNTO MOSES AND UNTO AARON, SAYING: <THE CHILDREN OF ISRAEL SHALL CAMP,> EACH WITH HIS STANDARD, UNDER THE BANNERS FOR THEIR FATHERS' HOUSES…. Let our master instruct us: Within how many cubits is it permitted for one to walk on the Sabbath? Thus have our masters taught: One who observes the Sabbath on the road makes a circle with a radius of four cubits for himself.⁵³Tanh., Numb. 1:9; Numb. R. 2:9; cf.‘Eruv. 4:5-8. <These are> the words of R. Haninya ben Antigonus. Then he moves <objects> on the Sabbath <to> within within four cubits and says: My Sabbath rest is in this place where I am. So his place gives him the right <to go> two thousand cubits in any direction. But how much are four cubits? R. Judah says: Enough for him to take a cask from his feet and put it by his headrest. And one who keeps the Sabbath in a city, even though it is as large as Antioch, may walk all of it, its outskirts, and two thousand cubits beyond its outskirts.⁵⁴‘Eruv. 60a. What is the meaning of "outskirts"? The shops and the inns⁵⁵Gk.: pandokeia. which are on the road outside the city. And the one who keeps the Sabbath in a cave, even though it is as large as the cave where king Zedekiah of Judah fled,⁵⁶Zedekiah’s flight to a cave (me‘arah) may have been suggested by Jer. 52:7, according to which he fled for the Arabah. which was twelve miles⁵⁷Lat.: mille. long,⁵⁸Cf. Numb. R. 2:9, according to which the cave was eighteen miles long. may walk all of it and outside of it for two thousand cubits in any direction he wishes. And from where did the sages find support? From the words of Torah, [where it is stated] (in Numb. 35:5): AND YOU SHALL MEASURE OFF TWO THOUSAND CUBITS OUTSIDE THE TOWN ON THE EAST SIDE…. And likewise you find in the case of Joshua, when he went to destroy Jericho, Joshua said to them (i.e., to Israel): You are going to keep the Sabbath there. Do not go further than two thousand cubits from the ark in any direction. Why? So that you may be entitled to come to pray before the ark on the Sabbath. And so it says (in Joshua 3:4): YET THERE SHALL BE A DISTANCE BETWEEN YOU AND IT (the Ark of the Covenant) OF ABOUT TWO THOUSAND CUBITS BY MEASURE. And likewise you find, when God told Moses that he should have Israel encamp under standards, he said to him: Have them encamp under their standards in every direction. Where is it shown? From what is they read on the matter (in Numb. 2:2): <THE CHILDREN OF ISRAEL> SHALL CAMP, EACH WITH HIS STANDARD, UNDER THE BANNERS FOR THEIR FATHERS' HOUSE; <THEY SHALL CAMP AROUND THE TENT OF MEETING AT A DISTANCES>.⁵⁹Numb. R. 2:9 explains further that Gen. 21:16 defines AT A DISTANCE as a bowshot, which is equivalent to a Roman mile (i.e., a thousand paces), which equals two thousand cubits.

(Numb. 35:9–11:) “And the Lord spoke [unto Moses, saying], ‘Speak unto the Children of Israel, and say unto them, “When you cross the Jordan to the Land of Canaan, you shall provide yourselves with cities [to be cities of refuge, where a killer may flee who has taken a life by mistake].”’” This text is related (to Ps. 25:8), “The Lord is good and straightforward; therefore He instructs sinners in the way.” (Ibid., vs. 6:) “Be mindful of Your mercies, O Lord, and of Your steadfast love.” David said to the Holy One, blessed be He, “Master of the world, were it not for Your mercies, which took precedence for the first Adam, he would not have survived.³¹Numb. R. 23:13. Although You said to him (in Gen. 2:17), ‘For on the day that you eat from it, you shall surely die,’ You did not act in that way. Instead You excluded him from the Garden of Eden, as stated (in Gen. 3:24), ‘So he drove out the man.’ So why was he driven out? Because he had brought death to [all future] generations. He should have died immediately; but because You were merciful to him, You [simply] drove him out. It is the same with one who kills by mistake, when he goes into exile into the cities of refuge.” It is therefore stated (in Ps. 25:6), “Be mindful of Your mercies, O Lord, and of Your steadfast love….” When Moses arose, the Holy One, blessed be He, said to [him] (in Numb. 35:11), “You shall provide yourselves with cities [to be cities of refuge].” Moses said, “Master of the world, when someone takes a life by mistake in the south or in the north, how will he know where the cities of refuge are, that he should flee to it?” He said to him (in Deut. 19:3), “’You yourself shall prepare (rt.: tkn) the road (derekh).’ You yourself shall make the roads [to these cities] straight (rt.: tkn), so that [anyone fleeing to them] will not go astray for the blood avenger to find him and kill him, when (according to Deut 19:6) ‘he did not incur the death penalty.’” He said to him, “How?” He said to him, “Erect road markers³²stelai; Lat.: stelae. directing (rt.: tkn) [such a refugee] to the cities of refuge, so that he will know how to go there; and on every marker inscribe, ‘[Involuntary] killers to the cities of refuge,’ as stated (in Deut. 19:3), ‘You yourself shall prepare (rt.: tkn) the road (derekh).’” Thus David has said (in Ps. 25:8), “The Lord is good and straightforward; therefore He instructs sinners in the way (derekh).” [Now] if for killers He has made a way and a road (derekh; rt.: drk), for them to flee and escape death), how much the more so in the case of the righteous. (Ps. 25:9:) “He leads (rt.: drk) the lowly in justice.”

(Numb. 35:9–11:) “And the Lord spoke [unto Moses, saying], ‘Speak unto the Children of Israel, and say unto them, “When you cross the Jordan to the Land of Canaan, you shall provide yourselves with cities [to be cities of refuge, where a killer may flee who has taken a life by mistake].”’” This text is related (to Ps. 25:8), “The Lord is good and straightforward; therefore He instructs sinners in the way.” (Ibid., vs. 6:) “Be mindful of Your mercies, O Lord, and of Your steadfast love.” David said to the Holy One, blessed be He, “Master of the world, were it not for Your mercies, which took precedence for the first Adam, he would not have survived.³¹Numb. R. 23:13. Although You said to him (in Gen. 2:17), ‘For on the day that you eat from it, you shall surely die,’ You did not act in that way. Instead You excluded him from the Garden of Eden, as stated (in Gen. 3:24), ‘So he drove out the man.’ So why was he driven out? Because he had brought death to [all future] generations. He should have died immediately; but because You were merciful to him, You [simply] drove him out. It is the same with one who kills by mistake, when he goes into exile into the cities of refuge.” It is therefore stated (in Ps. 25:6), “Be mindful of Your mercies, O Lord, and of Your steadfast love….” When Moses arose, the Holy One, blessed be He, said to [him] (in Numb. 35:11), “You shall provide yourselves with cities [to be cities of refuge].” Moses said, “Master of the world, when someone takes a life by mistake in the south or in the north, how will he know where the cities of refuge are, that he should flee to it?” He said to him (in Deut. 19:3), “’You yourself shall prepare (rt.: tkn) the road (derekh).’ You yourself shall make the roads [to these cities] straight (rt.: tkn), so that [anyone fleeing to them] will not go astray for the blood avenger to find him and kill him, when (according to Deut 19:6) ‘he did not incur the death penalty.’” He said to him, “How?” He said to him, “Erect road markers³²stelai; Lat.: stelae. directing (rt.: tkn) [such a refugee] to the cities of refuge, so that he will know how to go there; and on every marker inscribe, ‘[Involuntary] killers to the cities of refuge,’ as stated (in Deut. 19:3), ‘You yourself shall prepare (rt.: tkn) the road (derekh).’” Thus David has said (in Ps. 25:8), “The Lord is good and straightforward; therefore He instructs sinners in the way (derekh).” [Now] if for killers He has made a way and a road (derekh; rt.: drk), for them to flee and escape death), how much the more so in the case of the righteous. (Ps. 25:9:) “He leads (rt.: drk) the lowly in justice.”

(Exodus, Ibid.) "If one strikes a man": This tells me (that he is liable) only if he strikes a man. Whence is it derived (that he is likewise liable) if he strikes a woman or a minor? From (Leviticus 24:17) "And if a man strikes any soul of a man" — to include his striking a woman or a minor. "If one strikes a man": This (i.e., both verses) tells me only of a man or a woman who kills a man or of a man who kills a woman or a minor. Whence do I derive (the same for) a woman who kills a minor or (another) woman? It is, therefore, written (Numbers 35:16-17) "The murderer shall be put to death … he is a murderer." It comes for this teaching (i.e., that a woman, too, is liable for killing a woman or a minor). "And if a man strikes any soul of a man": I might think that an eight-month birth, (who is destined to die,) is also included. It is, therefore, written "If one strikes a man" — whereby we are apprised that he is not liable unless he kills one who is destined to live.

"he shall be put to death": in beth-din. You say this, but perhaps it need not be in beth-din. It is, therefore, written (Numbers 35:12) "and the slayer shall not die until he stand before the congregation for judgment." What, then, is the intent of "he shall be put to death"? In beth-din.

(Numbers 35:11:) “You shall provide yourselves with places to serve you as cities of refuge.” And it is written (in Numbers 35:13-14), “six cities of refuge shall there be for you. The three cities.” The three in the Land of Israel were in the West; and the three that were across the Jordan in the East were in the Land of the Children of Reuben, in the Land of the Children of Gad and half the tribe of Manasseh, as stated (in Deut. 4:43), “Bezer, in the desert [...].” R. Johanan said, (Ibid.,) “’Bezer, in the desert [...],’ see, there were three in the East. And the three in the West were in Hevron of Judah, and Shechem of Ephraim, which is Napolin (Nablus), and Kadesh in the Galilee from the tribe of Naphtali.” Moshe only apportioned [land] for the Reubenites, the Gadites and for the half tribe of Manasseh, and he set aside three cities from them, as stated (in Deut. 4:41), “Then Moses set aside three cities.” But Joshua apportioned [land] to all of the tribes, and they took [it] according to their lots, and they gave forty-eight cities to the Levites; the priests took thirteen, and the rest went to the [other] Levites, and the three cities of refuge came into their lot. And the tribe of Levi did not take a portion in the land, as stated (Jos. 12:33), “But no [portion] was assigned by Moses to the tribe of Levi.” Why? [Because (as in Deut. 18:2),] “the Lord is his portion, as He spoke to him.” You find that Sennacherib exiled Israel in three exiles.⁴³Numb. R. 23:14; cf. Lam. R. Proem 5. First, he exiled the Reubenites, the Gadites, and half the tribe of Manasseh. Second, [came] the tribe of Zebulon and the tribe of Naphtali, as stated (in Is. 8:23), “in the former time he abased the land of Zebulon and the land of Naphtali.” Third, he exiled the rest of the tribes, as stated (ibid., cont.), “and later he afflicted (hikhbid).”⁴⁴Translations of this verse vary, but the translation given here fits the sense of the midrash. He swept (hikhbid) them as [with] a broom (makhbed). Nebuchadnezzar also carried out three exiles with the tribes of Judah and Benjamin. In the first he exiled Jehoiakim [and] in the second, Jehoiachin. What did he do? He bound him in his carriage⁴⁵Lat.: carruca; Gk.: karrouchion. and [there] he became dear to him.⁴⁶Buber suggests a translation such as, “and it was his favorite.” Thus it is stated, “Behold, I am sending you away like a queen mother.”⁴⁷The text is not in Scripture, but cf. Jer. 29:2. Just as one honors the queen mother, so did Nebuzaradan act toward him. [Then] Nebuzaradan exiled Zedekiah, for a total of three exiles. From where do we know that Nebuchadnezzar was a world emperor? As he exiled these to here and those to there, and he exiled Israel to Babylon, and those in Babylon to the Land of Israel. The Holy One, blessed be He, said, “In this world Israel has gone into exile and spread among the gates of the world, because of iniquities, as stated (Jer. 15:7), “And I will scatter them with a winnowing fork to the gates of the world”; but in the future to come (according to Deut. 30:4), “If your banishment is to the end of the heavens, from there will the Lord your God gather you, even from there will He bring you back.” It also says (in Is. 11:12), “and he shall gather the dispersed of Judah […].” And it says (in Is. 31:11), “And the ransomed of the Lord shall return and come to Zion with singing. Everlasting joy shall be upon their heads, they shall obtain joy and gladness, while sorrow and sighing shall flee away.” And so may it be His will. Amen and Amen!

(Numbers 35:11:) “You shall provide yourselves with places to serve you as cities of refuge.” And it is written (in Numbers 35:13-14), “six cities of refuge shall there be for you. The three cities.” The three in the Land of Israel were in the West; and the three that were across the Jordan in the East were in the Land of the Children of Reuben, in the Land of the Children of Gad and half the tribe of Manasseh, as stated (in Deut. 4:43), “Bezer, in the desert [...].” R. Johanan said, (Ibid.,) “’Bezer, in the desert [...],’ see, there were three in the East. And the three in the West were in Hevron of Judah, and Shechem of Ephraim, which is Napolin (Nablus), and Kadesh in the Galilee from the tribe of Naphtali.” Moshe only apportioned [land] for the Reubenites, the Gadites and for the half tribe of Manasseh, and he set aside three cities from them, as stated (in Deut. 4:41), “Then Moses set aside three cities.” But Joshua apportioned [land] to all of the tribes, and they took [it] according to their lots, and they gave forty-eight cities to the Levites; the priests took thirteen, and the rest went to the [other] Levites, and the three cities of refuge came into their lot. And the tribe of Levi did not take a portion in the land, as stated (Jos. 12:33), “But no [portion] was assigned by Moses to the tribe of Levi.” Why? [Because (as in Deut. 18:2),] “the Lord is his portion, as He spoke to him.” You find that Sennacherib exiled Israel in three exiles.⁴³Numb. R. 23:14; cf. Lam. R. Proem 5. First, he exiled the Reubenites, the Gadites, and half the tribe of Manasseh. Second, [came] the tribe of Zebulon and the tribe of Naphtali, as stated (in Is. 8:23), “in the former time he abased the land of Zebulon and the land of Naphtali.” Third, he exiled the rest of the tribes, as stated (ibid., cont.), “and later he afflicted (hikhbid).”⁴⁴Translations of this verse vary, but the translation given here fits the sense of the midrash. He swept (hikhbid) them as [with] a broom (makhbed). Nebuchadnezzar also carried out three exiles with the tribes of Judah and Benjamin. In the first he exiled Jehoiakim [and] in the second, Jehoiachin. What did he do? He bound him in his carriage⁴⁵Lat.: carruca; Gk.: karrouchion. and [there] he became dear to him.⁴⁶Buber suggests a translation such as, “and it was his favorite.” Thus it is stated, “Behold, I am sending you away like a queen mother.”⁴⁷The text is not in Scripture, but cf. Jer. 29:2. Just as one honors the queen mother, so did Nebuzaradan act toward him. [Then] Nebuzaradan exiled Zedekiah, for a total of three exiles. From where do we know that Nebuchadnezzar was a world emperor? As he exiled these to here and those to there, and he exiled Israel to Babylon, and those in Babylon to the Land of Israel. The Holy One, blessed be He, said, “In this world Israel has gone into exile and spread among the gates of the world, because of iniquities, as stated (Jer. 15:7), “And I will scatter them with a winnowing fork to the gates of the world”; but in the future to come (according to Deut. 30:4), “If your banishment is to the end of the heavens, from there will the Lord your God gather you, even from there will He bring you back.” It also says (in Is. 11:12), “and he shall gather the dispersed of Judah […].” And it says (in Is. 31:11), “And the ransomed of the Lord shall return and come to Zion with singing. Everlasting joy shall be upon their heads, they shall obtain joy and gladness, while sorrow and sighing shall flee away.” And so may it be His will. Amen and Amen!

In the third || year all Israel went up (to celebrate) the festivals. David said to them: Go forth and see if there be among you people who shed blood, because on account of the sin of those who murder the rain is withheld, as it is said, "So ye shall not pollute the land wherein ye are; for blood, it polluteth the land" (Num. 35:33). They went forth and investigated, but they did not find (any murderer). David said to them: Henceforth the matter only depends upon me. David arose and prayed before the Holy One, blessed be He. And He answered him: It is for Saul; was not Saul one who was anointed with the oil of consecration? and was it not Saul in whose days there was no idolatry in Israel? and was it not Saul who secured his portion with Samuel the prophet? Yet ye are in the land (of Israel) and he is (buried) outside the land (of Israel).

"with stone or fist": I might think that he is liable (only if he strikes) with these, but otherwise he is not liable; it is, therefore, written (Numbers 35:17) "And if with a hand-stone (i.e., a stone the size of a full hand) (whereby he can die he strike him"). He is not liable until he strikes him with something that has the potential to kill and in a locus which is critical to life.

...An eye for an eye - one pays damage(s), the value of his eye. ...... Ben Azai says: behold here it says "a wound for a wound" and further on (verse 18) it says "if a man hits his neighbor with a stone or with the fist" - behold, this is the wound spoken. Just as the wound spoken of above "he will pay for his idleness and for his cure", here too "he will pay for his idleness and his cure". The wound is included in the general idea, and is expressed [lit. comes out] to teach (in general) and not about itself (specifically) - but it does come to teach regarding the general principle: just as the wound of which it is said "due to" is about payment, so too (here) [everything] of which it is said "due to" is about payment. Or - is it possible that this applies even for "life for life"? [No,] the text says (Numbers 35:31) "and you will not take ransom for the life of a murderer". [For the life of a murderer] you do not take payment, but you do take payment for limbs.

"And you shall provide yourselves with cities" (Numbers 35:11), this is what the verse says, "Good and upright is the Lord, therefore He shows sinners the way." (Psalms 25:8) "Remember Your mercy, O God, and your lovingkindness." (Psalms 25:6). David said, Master of the Universe, were it not for the fact that Your lovingkindness preceded the First Man, he would not have been able to stand, as it says "For the day you eat of it [the tree of knowledge of good and evil] you will surely die" (Genesis 2:17). And You did not do this; rather, You brought him out from the Garden of Eden and he lived for 930 years(!) and only after that did he die. Why did you do that to him, to drive him out from the Garden of Eden, as it says (Genesis 3:24) "and He drove out the man"? Why was he driven out, since he brought death upon the generations, and he was sentenced to immediate death? Rather, You had mercy upon him and drove him off, just as the accidental killer is exiled to a city of refuge. Thus it says, "Remember Your mercy, O God, and Your lovingkindness, etc." Once Moshe stood and the Holy Blessed One told him, "Provide yourselves with cities...", Moshe said "Master of the Universe, this one killed by accident in the south or the north; how will he know where the city of refuge is, that he may flee to it?" God replied, "'Set for yourselves the path... [i.e. to the cities of refuge]' (Deuteronomy 19:3), orient for yourselves the path so that you will not be mistaken and find the blood avenger and he will kill you "and there will be for him no death penalty" (Deuteronomy 19:6)." He [Moshe] said again, "How?" He [God] said to him, set up for yourselves signs [istlayot] pointing to the cities of refuge, that they will know where to travel. And on every sign write "Killer to the city of refuge", as it says "prepare for yourselves the way". Thus said David, "Good and upright is the Lord, therefore He shows sinners the way." If for killers He makes a path and a road for them to flee by and be saved, all the more so for righteous! "He guides the humble in justice, and teaches the humble His way" (Psalms 25:9). "And the killer shall flee there who has killed a soul by accident" -- but not on purpose. If he kills on purpose and he says "I accidentally killed" and flees to the cities of refuge, the Holy Blessed One says, even if he flees and enters to My altar, you shall kill him, as it says (Exodus 21:14) "And if a person schemes, etc [against another, and kills him treacherously, you shall take him from My very altar to be put to death]". And who was it who fled to the altar and was killed? Yoav, as it says (I Kings 2:28) "When the news reached Joab, he fled to the Tent of the LORD [and grasped the horns of the altar]...". And it says (II Samuel 23:8) "Tahchemonite, the chief officer" -- he did not know that it is written in the Torah "And if a person schemes, etc" that he went and grasped the horns of the altar. Rather it says "Those killed by the court are not buried in the graves of their fathers, rather they alone; it is better for me that I die here and be buried in the graves of my fathers". (I Kings 3:30-31) "Benaiah reported back to the king that Joab had answered thus and thus, and the king said, 'Do just as he said; strike him down and bury him, and remove guilt from me and my father’s house for the blood of the innocent that Joab has shed.'" And why was he killed? For so David his [Shlomo's] father had commanded him -- "Further, you know what Joab son of Zeruiah did to me, what he did to the two commanders of Israel’s forces, Abner son of Ner and Amasa son of Jether: he killed them" (I Kings 2:5). What did he do to him...

14 (Numb. 35:11) “You shall provide yourselves with cities”: And it is written (in Numb. 35:13-14), “six cities of refuge shall there be for you. The three cities.” The three in the Land of Israel were in the West; and the three were across the Jordan in the East [in the Land of] the Children of Reuben, of the Children of Gad and half the tribe of Manasseh, as stated (in Deut. 4:43), “Bezer, in the desert [...].” R. Johanan said, (ibid.,) “’Bezer, in the desert [...],’ see, there were three in the East. And the three in the West were in Hevron of Judah, and Shechem of Ephraim, which is Napolin (Nablus), and Kadesh in the Galilee from the tribe of Naphtali.” Moses apportioned [land] for the Reubenites, the Gadites and for the half tribe of Manasseh, and he set aside three cities from them, as stated (in Deut. 4:41), “Then Moses set aside three cities.” But Joshua apportioned [land] to all of the tribes, and gave forty-eight cities to the Levites; the priests took thirteen, and the rest went to the [other] Levites, and the three cities of refuge came into their lot. And the tribe of Levi did not take a portion in the land, as stated (Josh. 12:33), “But no [portion] was assigned by Moses to the tribe of Levi.” Why? [Because (as in Deut. 18:1),] “the Lord’s fire offerings and His portion shall they eat.” You find that Sennacherib exiled Israel in three exiles.³¹Cf. Lam. R. Proem 5. First, he exiled the Reubenites, the Gadites, and half the tribe of Manasseh. Second, [came] the tribe of Zebulon and the tribe of Naphtali, as stated (in Is. 8:23), “in the former time he abased the land of Zebulon and the land of Naphtali.” Third, he exiled the rest of the tribes, as stated (ibid., cont.), “and later he afflicted (hikhbid).”³²Translations of this verse vary, but the translation given here fits the sense of the midrash. He swept (hikhbid) them as [with] a broom (makhbed). Nebuchadnezzar also carried out three exiles with the tribes of Judah and Benjamin. In the first he exiled Jehoiakim [and] in the second, Jehoiachin. What did he do? He bound him in his carriage³³Lat.: carruca; Gk.: karrouchion. and [there] he became dear to him.³⁴Buber suggests a translation such as, “and it was his favorite.” Thus it is stated, “Behold, I am sending you away like a queen mother.”³⁵The text is not in Scripture, but cf. Jer. 29:2. Just as one honors the queen mother, so did Nebuzaradan act toward him. [Then] Nebuzaradan exiled Zedekiah, for a total of three exiles. From where do we know that Nebuchadnezzar was a world emperor? As he exiled these to here and those to there, and he exiled Israel to Babylon, and those in Babylon to the Land of Israel. The Holy One, blessed be He, said, “In this world Israel has gone into exile and spread among the gates of the world, because of iniquities; but in the future to come (according to Deut. 30:4), “If your banishment is to the end of the heavens, from there will the Lord your God gather you, even from there will He bring you back.” It also says (in Is. 11:12), “and he shall gather the dispersed of Judah […].” And it says (in Is. 31:11), “And the ransomed of the Lord shall return and come to Zion with singing. Everlasting joy shall be upon their heads, they shall obtain joy and gladness, while sorrow and sighing shall flee away.”

14 (Numb. 35:11) “You shall provide yourselves with cities”: And it is written (in Numb. 35:13-14), “six cities of refuge shall there be for you. The three cities.” The three in the Land of Israel were in the West; and the three were across the Jordan in the East [in the Land of] the Children of Reuben, of the Children of Gad and half the tribe of Manasseh, as stated (in Deut. 4:43), “Bezer, in the desert [...].” R. Johanan said, (ibid.,) “’Bezer, in the desert [...],’ see, there were three in the East. And the three in the West were in Hevron of Judah, and Shechem of Ephraim, which is Napolin (Nablus), and Kadesh in the Galilee from the tribe of Naphtali.” Moses apportioned [land] for the Reubenites, the Gadites and for the half tribe of Manasseh, and he set aside three cities from them, as stated (in Deut. 4:41), “Then Moses set aside three cities.” But Joshua apportioned [land] to all of the tribes, and gave forty-eight cities to the Levites; the priests took thirteen, and the rest went to the [other] Levites, and the three cities of refuge came into their lot. And the tribe of Levi did not take a portion in the land, as stated (Josh. 12:33), “But no [portion] was assigned by Moses to the tribe of Levi.” Why? [Because (as in Deut. 18:1),] “the Lord’s fire offerings and His portion shall they eat.” You find that Sennacherib exiled Israel in three exiles.³¹Cf. Lam. R. Proem 5. First, he exiled the Reubenites, the Gadites, and half the tribe of Manasseh. Second, [came] the tribe of Zebulon and the tribe of Naphtali, as stated (in Is. 8:23), “in the former time he abased the land of Zebulon and the land of Naphtali.” Third, he exiled the rest of the tribes, as stated (ibid., cont.), “and later he afflicted (hikhbid).”³²Translations of this verse vary, but the translation given here fits the sense of the midrash. He swept (hikhbid) them as [with] a broom (makhbed). Nebuchadnezzar also carried out three exiles with the tribes of Judah and Benjamin. In the first he exiled Jehoiakim [and] in the second, Jehoiachin. What did he do? He bound him in his carriage³³Lat.: carruca; Gk.: karrouchion. and [there] he became dear to him.³⁴Buber suggests a translation such as, “and it was his favorite.” Thus it is stated, “Behold, I am sending you away like a queen mother.”³⁵The text is not in Scripture, but cf. Jer. 29:2. Just as one honors the queen mother, so did Nebuzaradan act toward him. [Then] Nebuzaradan exiled Zedekiah, for a total of three exiles. From where do we know that Nebuchadnezzar was a world emperor? As he exiled these to here and those to there, and he exiled Israel to Babylon, and those in Babylon to the Land of Israel. The Holy One, blessed be He, said, “In this world Israel has gone into exile and spread among the gates of the world, because of iniquities; but in the future to come (according to Deut. 30:4), “If your banishment is to the end of the heavens, from there will the Lord your God gather you, even from there will He bring you back.” It also says (in Is. 11:12), “and he shall gather the dispersed of Judah […].” And it says (in Is. 31:11), “And the ransomed of the Lord shall return and come to Zion with singing. Everlasting joy shall be upon their heads, they shall obtain joy and gladness, while sorrow and sighing shall flee away.”

"and its owner, too, shall die": at the hands of Heaven. You say at the hands of Heaven, but perhaps at the hands of man? It is written (Numbers 35:31) "You shall not take kofer (ransom) for the soul of a murderer, who is liable to death" — Redemption is not given for those who are put to death at the hands of man, but (only) to those who are liable to death at the hands of Heaven.

... Teach us oh, teacher: once the Ninth of Av has ended, is everything permitted? R’ Chiyah the Great taught like this: once the Ninth of Av has ended, one is permitted to do anything. Why? Because it is like the case of a person whose dead is laid out before him, who is forbidden to eat meat or drink wine. Once the dead is buried, the mourner is permitted to do so. So to on the Ninth of Av one is a mourner – once the day has ended one is permitted to do anything. Even though we are permitted, we must always have a sigh in our hearts until the Holy One returns to her. The Holy One said to them: by your lives! I burnt her, as it says “From above He has hurled fire into my bones…” (Lamentations 1:13) I will build her, as it says “Yet again will I rebuild you, then you shall be built, O virgin of Israel…” (Jeremiah 31:3) Zion said to Him: Behold, I have been sitting thus for many years! I have counted the days from old and I have not been redeemed, therefore I have despaired. She said that my master has abandoned me. And from where do we learn that Zion said this? From that which is written regarding it “And Zion said, ‘The Lord has forsaken me, and the Lord has forgotten me.’” (Isaiah 49:14) ... Another explanation. “And Zion said, ‘The Lord has forsaken me…” (Isaiah 49:14) What is written before this? “Sing, O heavens, and rejoice, O earth, and mountains burst out in song, for the Lord has consoled His people, and He shall have mercy on His poor.” (Isaiah 49:13) Once Zion saw that the prophet recalled His people and His poor, but did not mention Zion or Jerusalem she said ‘the Lord has forsaken me, and the Lord has forgotten me.’ Immediately the Holy One replied and said to her: just as it is impossible for a woman to forget her sucking child, so to I am not able to forget you, “Shall a woman forget her sucking child, from having mercy on the child of her womb?” (Isaiah 49:15) She said to Him: Master of the world! How is that possible? There is no end to the evils I have done! I caused Your Holy Temple to be destroyed and I killed the prophets. R’ Berachia the Kohen said in the name of Rebbe: the Holy One said to her, I will forget your evil but I will not forget your good. “…These too shall forget, but I will not forget you.” (ibid.) I have forgotten “"These are your gods, O Israel…” (Exodus32:4) but “I am the Lord, your God…” (Exodus 20:2) I will not forget.

And whence is it derived that a disciple shall not speak for incrimination? From "He shall not be put to death by word of one witness" … And the sages say: Whence is it derived that a (single) witness is not to testify for exoneration? From (Bamidbar 35:20) "and a witness shall not testify in a soul." Whence is it derived that a disciple shall not speak for incrimination? From "one … shall not testify in a soul to kill him."

(Bamidbar 35:9-10) "And the L-rd spoke to Moses, saying: Speak to the children of Israel … When you cross the Jordan, etc.": What is the intent of this section (on the cities of refuge)? From (Devarim 4:41) "Then Moses set aside three cities on the east side of the Jordan," we know only of these. Whence is it derived that Moses commanded Joshua to set aside cities of refuge (on the other side)? From (Bamidbar 35:11) "then you shall designate cities for yourselves." Scripture speaks of (the time) after inheritance and settlement. — But perhaps, upon their entry to the land? It is, therefore, written (Devarim 12:29) "When the L-rd your G-d has cut down the nations, etc." Scripture speaks of (the time after inheritance and settlement). (Bamidbar 35:10) "When you cross the Jordan to the land of Canaan": From here R. Yonathan derived: The Jordan is not part of the land of Canaan. R. Shimon b. Yochai says (Ibid. 26:3) "at the Jordan. Jericho": Just as Jericho is part of Canaan, so is Jordan. (Ibid. 35:11) "Then you shall call out cities (arim) for yourselves." "Calling out" connotes "designation." "cities": I might think, large cities; it is, therefore, written "arim" (connoting small cities). If so, I might think villages. It is, therefore, written "arim." How was this implemented in effect? They were of such size as to have markets and a food store. "And there shall flee there a slayer": I might think, any slayer. It is, therefore, written "a slayer, one who smites a soul unwittingly." If "one who smites a soul," I would think, even one who wounds his father and mother (unwittingly, viz. Shemot 21:15). It is, therefore, written "a slayer, one who smites a soul," Scripture hereby excluding from exile one who (unwittingly) wounds his father and mother.

(Bamidbar 35:9-10) "And the L-rd spoke to Moses, saying: Speak to the children of Israel … When you cross the Jordan, etc.": What is the intent of this section (on the cities of refuge)? From (Devarim 4:41) "Then Moses set aside three cities on the east side of the Jordan," we know only of these. Whence is it derived that Moses commanded Joshua to set aside cities of refuge (on the other side)? From (Bamidbar 35:11) "then you shall designate cities for yourselves." Scripture speaks of (the time) after inheritance and settlement. — But perhaps, upon their entry to the land? It is, therefore, written (Devarim 12:29) "When the L-rd your G-d has cut down the nations, etc." Scripture speaks of (the time after inheritance and settlement). (Bamidbar 35:10) "When you cross the Jordan to the land of Canaan": From here R. Yonathan derived: The Jordan is not part of the land of Canaan. R. Shimon b. Yochai says (Ibid. 26:3) "at the Jordan. Jericho": Just as Jericho is part of Canaan, so is Jordan. (Ibid. 35:11) "Then you shall call out cities (arim) for yourselves." "Calling out" connotes "designation." "cities": I might think, large cities; it is, therefore, written "arim" (connoting small cities). If so, I might think villages. It is, therefore, written "arim." How was this implemented in effect? They were of such size as to have markets and a food store. "And there shall flee there a slayer": I might think, any slayer. It is, therefore, written "a slayer, one who smites a soul unwittingly." If "one who smites a soul," I would think, even one who wounds his father and mother (unwittingly, viz. Shemot 21:15). It is, therefore, written "a slayer, one who smites a soul," Scripture hereby excluding from exile one who (unwittingly) wounds his father and mother.

(Bamidbar 35:9-10) "And the L-rd spoke to Moses, saying: Speak to the children of Israel … When you cross the Jordan, etc.": What is the intent of this section (on the cities of refuge)? From (Devarim 4:41) "Then Moses set aside three cities on the east side of the Jordan," we know only of these. Whence is it derived that Moses commanded Joshua to set aside cities of refuge (on the other side)? From (Bamidbar 35:11) "then you shall designate cities for yourselves." Scripture speaks of (the time) after inheritance and settlement. — But perhaps, upon their entry to the land? It is, therefore, written (Devarim 12:29) "When the L-rd your G-d has cut down the nations, etc." Scripture speaks of (the time after inheritance and settlement). (Bamidbar 35:10) "When you cross the Jordan to the land of Canaan": From here R. Yonathan derived: The Jordan is not part of the land of Canaan. R. Shimon b. Yochai says (Ibid. 26:3) "at the Jordan. Jericho": Just as Jericho is part of Canaan, so is Jordan. (Ibid. 35:11) "Then you shall call out cities (arim) for yourselves." "Calling out" connotes "designation." "cities": I might think, large cities; it is, therefore, written "arim" (connoting small cities). If so, I might think villages. It is, therefore, written "arim." How was this implemented in effect? They were of such size as to have markets and a food store. "And there shall flee there a slayer": I might think, any slayer. It is, therefore, written "a slayer, one who smites a soul unwittingly." If "one who smites a soul," I would think, even one who wounds his father and mother (unwittingly, viz. Shemot 21:15). It is, therefore, written "a slayer, one who smites a soul," Scripture hereby excluding from exile one who (unwittingly) wounds his father and mother.

(Bamidbar 35:12) "And the cities shall be for you as a refuge from the avenger. And the slayer shall not die until he stand before the congregation for judgment.": What is the intent of this? Because it is written (Ibid. 27) "And if the avenger kill the slayer (outside the city of refuge), he has no blood" (on his hands), I might think (he may kill him even) immediately. It is, therefore, written "And the slayer shall not die (at the hands of the avenger) until he stand before the congregation for judgment" (and is pronounced an exile.)

(Bamidbar 35:13) "And the cities which you shall provide — six cities of refuge shall there be for you.": together with the first (three designated by Moses across the Jordan). You say, together with the first. But perhaps (the meaning is) exclusive of the first? (Ibid. 14) "The three cities shall you provide across the Jordan, and the three cities shall you provide in the land of Canaan" indicates "together with the first." And they are (Devarim 4:43) "Betzer in the desert in the land of the plain for (the tribes of) Reuven; Ramoth in Gilead for Gad; and Golan in Bashan for Menasheh. And, corresponding to them, three in the land of Canaan, viz. (Joshua 20:7) "And they set aside Kedesh in the Galil in the hill (country) of Naftali, and Shechem in the hill of Ephraim, and Kiryath Arba, which is Chevron, in the hill of Yehudah." We find, then, the two and a half tribes across the Jordan corresponding (in this respect) to the nine and a half tribes in the land of Canaan, most of the spillers of blood residing in Gilead. As it is written (Hoshea 6:8) "Gilead, the city of the workers of wrong, steeped in blood." (Bamidbar 35:13) "cities of refuge shall there be for you": What is the intent of this? I derive that they provide refuge only for those (who killed) in the land. Whence do I derive (the same for those) outside the land? From "shall there be for you" (— in any event). (Ibid. 15) "for the children of Israel": This tells me (that they provide refuge only) for (native) Israelites. Whence do I derive the same for proselytes and sojourners? From (Ibid.) "and for the proselyte and the sojourner in their midst." But perhaps (the meaning is that) just as a sojourning proselyte is exiled for (unwittingly killing) another, so, he is exiled for (unwittingly killing) an Israelite, and an Israelite is exiled for (unwittingly killing) him? — It is, therefore, written "for you." How so? If an Israelite killed him, he is exempt. If he killed an Israelite, he is killed. "shall these six cities be for refuge": What is the intent of this? From (14) "The three cities shall you provide across the Jordan," I might think that the first that is set aside provides refuge (immediately). It is, therefore, written "shall these six cities be for refuge," Scripture hereby apprising us that one (city) does not afford refuge until all have been set aside.

(Bamidbar 35:16) "And if with an iron implement he kill him (intentionally) and he die, he is a murderer.": What is the intent of this? From (17) "And if with a hand-stone … (18) Or if with a wooden implement, etc.", I might think that he is liable only if he killed him with one of these. Whence would I derive (the same for) iron? It is, therefore, written "And if with an iron implement he kill him, he is a murderer." — But (even) without this I can derive it a fortiori, viz.: If he is liable for killing him with stone or wood, how much more so with iron! — But if so, I would say: Just as a stone must fill the hand (thus "hand-stone"), so, iron. It is, therefore, written with an implement of iron, (of any size). It is revealed before the Holy One Blessed be He that iron of any size can kill, wherefore "hand" is not written (in that connection) — even a needle or a pin sufficing. This tells me only of his killing him with iron. Whence do I derive the same for his throwing at him metal balls or lumps? From (16) "He is a murderer; die shall die the murderer" — in any event. (17) "And if with a hand-stone, whereby he can die, he strike him and he die, he is a murderer. Die shall die the murderer.": What is the intent of this? From (Shemot 21:18) "And if men quarrel and a man strike his neighbor, etc." I might think (that this obtains) whether he strikes him with something which is or which is not lethal. It is, therefore, written "And if with a hand-stone (i.e., one which fills the hand), whereby he can die, he strike him." Scripture hereby apprises us that he is not liable unless he strikes him with something which is potentially lethal. I might think, even (if he strike him) on a (body) site (a blow to) which is not mortal. It is, therefore, written (Devarim 19:11) "And if a man hate his neighbor … and he strike him mortally" — whereby we are apprised that he is not liable unless he strikes him with something which is potentially lethal and on a (body) site, injury to which may result in his death. This ("And if with a hand-stone") tells me that he is liable only if he kills him with a stone. Whence do I derive (the same for) his rolling rocks or pillars over him? From (17) "he is a murderer — die shall die the murderer" — in any event.

(Bamidbar 35:18) "Or if with a wooden hand-implement, whereby he can die, he strike him, and he die, he is a murderer." What is the intent of this? From (Shemot 21:20) "And if a man strike his (Canaanite) man-servant or maid-servant with a rod, and he die under his hand, vengeance (by the sword) shall be taken," I might think, whether or not it is of killing potential. It is, therefore, written "Or if with a wooden hand-implement, whereby he can die, he strike him, etc." — only if it is of killing potential. I might think, even on a (body) site injury to which does not result in death. It is, therefore, written (Devarim 19:11) "And if a man hate his neighbor and lie in wait for him, and he rise up against him and he strike him mortally," Scripture hereby apprising us that he is not liable unless he strikes him on a (body) site injury to which may result in death. This ("Or, if with a wooden implement") tells me that he is liable only if he struck him with wood. Whence do I derive (the same for) his throwing beams or poles at him? From "he is a murderer — die shall die the murderer" — in any event.

(Bamidbar 35:19) "the avenger, he shall kill the murderer": The mitzvah is the avenger's. Whence is it derived that if he has no avenger, beth-din designates one for him? From "The avenger, he shall kill the murderer when he comes upon him" — in any event.

(Bamidbar 35:20) "And if in hatred he thrust him": What is the intent of this? From "And if with an iron implement," "And if with a hand-stone," "Or if with a wooden hand-implement," I might think that he is liable only if he killed him with these. Whence do I derive (the same for) other things? It follows by induction from all three, viz.: Stone is not like wood; wood is not like stone; and both are not like iron. And iron is not like both. What is common to all three is that they are potentially lethal, and if one killed (by them), it is a mitzvah for the avenger to kill him. This tells me only of his killing with these. Whence do I derive that he is likewise liable if he pushed him off the top of a roof and he fell and died? From "And if in hatred he thrust him" — in any event. — But perhaps even if he pushed him into water or fire or incited a dog or a snake against him? It follows (that this is not so) by induction from all three, viz.: Stone is not like wood and wood is not like stone and both are not like iron and iron is not like both. What is common to all three is that they are potentially lethal and he killed (by wielding them), in which instance he is liable — to exclude his thrusting him into fire or water or inciting a snare against him, in which instance his (the victim's) judgment is relegated to "Heaven." "or if he hurl aught at him in prey": (i.e.,) if he "hunted" him with intent to kill.

(Bamidbar 35:21) "Or if in hatred he strike him with his hand": What is the intent of this? From "And if with an iron implement," "And if with a hand-stone," "Or if with a wooden implement," I would think that he is liable only with these. Whence do I derive (that he is likewise liable) if he crushed, strangled, kicked, or trampled him? From "with his hand" — in any manner. "The avenger shall kill the murderer": What is the intent of this? Is it not already written (19) "The avenger, he shall kill the murderer"? I might think that (this obtains) only with one who has an avenger. Whence do I derive (the same for) one who does not have an avenger? From "The avenger" — in any event.

(Bamidbar 35:22) "And if of a sudden, without hatred, he thrust him": to exclude (his killing) unwittingly. "or he cast upon him some instrument, but not in prey": without "hunting" or intent to kill. (22) "Or with any stone, whereby one can die," "without seeing": to include (for exile) a blind man and one who throws (a stone) at night. R. Yehudah says: "without seeing": to exclude a blind man. "and he not be his foe": Issi b. Akiva says: We find his stringency to be his lenity, and his lenity, his stringency, viz.: You cannot make him liable for the death penalty — Perhaps he killed him unwittingly. And you cannot make him liable for exile — Perhaps he killed him wittingly. "and he not be his foe" (juxtaposed with [24] "Then the congregation shall judge"): to exclude haters from sitting in judgment. This tells me of haters. Whence do we derive the same for kin? From (24) "between the slayer and the avenger" (with no other "relationship" intervening). Whence do I derive the same for witnesses? It follows, viz.: The Torah states: Kill through (the agency of) judges, kill through witnesses. Just as judges who are (their) haters or kin are unfit (to judge in their case), so, witnesses (who are haters or kin). Furthermore, it follows a fortiori, viz.: If judges — who do not decide (the facts of the case) — haters and kin are unfit to serve (as judges), then witnesses — who decide (the facts of the case) — how much more so are haters and kin unfit to serve (as witnesses)! This tells me only of (the instance of a murderer). Whence do I derive (the same for) all other instances of the death penalty? From [the superfluous] (Ibid.) "according to these judgments." This tells me only of Israelites. Whence do I derive the same for proselytes? From (Vayikra 24:22) "for proselytes and native-born (Israelites) alike." This tells me only of capital cases. Whence do I derive (the same for) monetary cases? From (Ibid.) "One (standard of) judgment shall there be for you," — But perhaps just as capital cases (are adjudicated) by twenty-three, so, monetary cases? It is, therefore, written (here) "according to these (capital) judgments." These are (adjudicated) by twenty-three, and not monetary judgments, of which it is written (Shemot 22:8) "Until elohim (counting three judges) shall come the dispute of both." And whence is it derived that capital cases (are adjudicated) by twenty-three? From (Bamidbar 35:24) "And the congregation (ten) shall judge" (25) And the congregation (ten) shall rescue" — twenty all together. And whence is it derived that three are added? From (Shemot 23:2) "Do not be after the many to do evil," I understand that I should be with them to do good. If so, what is the intent of (Ibid.) "After the many (i.e., the majority to incline" (judgment)? Let your judgment for good (i.e., acquittal) not be like your judgment for evil (i.e., incrimination). I still would not know how many, (but the Torah states: Kill by witnesses; kill by the inclination of the judges. Just as witnesses are two, so, the inclination of the judges (i.e., acquittal, is with a majority of one, and incrimination by a majority of two); and since the verdict of beth-din cannot be evenly balanced, three most be added to them (the twenty). The expounders of metaphor stated: The three "eduyoth" ("congregants") written in this section (one in [24] and two in [27]) signal that capital cases are adjudicated by thirty.

(Bamidbar 35:22) "And if of a sudden, without hatred, he thrust him": to exclude (his killing) unwittingly. "or he cast upon him some instrument, but not in prey": without "hunting" or intent to kill. (22) "Or with any stone, whereby one can die," "without seeing": to include (for exile) a blind man and one who throws (a stone) at night. R. Yehudah says: "without seeing": to exclude a blind man. "and he not be his foe": Issi b. Akiva says: We find his stringency to be his lenity, and his lenity, his stringency, viz.: You cannot make him liable for the death penalty — Perhaps he killed him unwittingly. And you cannot make him liable for exile — Perhaps he killed him wittingly. "and he not be his foe" (juxtaposed with [24] "Then the congregation shall judge"): to exclude haters from sitting in judgment. This tells me of haters. Whence do we derive the same for kin? From (24) "between the slayer and the avenger" (with no other "relationship" intervening). Whence do I derive the same for witnesses? It follows, viz.: The Torah states: Kill through (the agency of) judges, kill through witnesses. Just as judges who are (their) haters or kin are unfit (to judge in their case), so, witnesses (who are haters or kin). Furthermore, it follows a fortiori, viz.: If judges — who do not decide (the facts of the case) — haters and kin are unfit to serve (as judges), then witnesses — who decide (the facts of the case) — how much more so are haters and kin unfit to serve (as witnesses)! This tells me only of (the instance of a murderer). Whence do I derive (the same for) all other instances of the death penalty? From [the superfluous] (Ibid.) "according to these judgments." This tells me only of Israelites. Whence do I derive the same for proselytes? From (Vayikra 24:22) "for proselytes and native-born (Israelites) alike." This tells me only of capital cases. Whence do I derive (the same for) monetary cases? From (Ibid.) "One (standard of) judgment shall there be for you," — But perhaps just as capital cases (are adjudicated) by twenty-three, so, monetary cases? It is, therefore, written (here) "according to these (capital) judgments." These are (adjudicated) by twenty-three, and not monetary judgments, of which it is written (Shemot 22:8) "Until elohim (counting three judges) shall come the dispute of both." And whence is it derived that capital cases (are adjudicated) by twenty-three? From (Bamidbar 35:24) "And the congregation (ten) shall judge" (25) And the congregation (ten) shall rescue" — twenty all together. And whence is it derived that three are added? From (Shemot 23:2) "Do not be after the many to do evil," I understand that I should be with them to do good. If so, what is the intent of (Ibid.) "After the many (i.e., the majority to incline" (judgment)? Let your judgment for good (i.e., acquittal) not be like your judgment for evil (i.e., incrimination). I still would not know how many, (but the Torah states: Kill by witnesses; kill by the inclination of the judges. Just as witnesses are two, so, the inclination of the judges (i.e., acquittal, is with a majority of one, and incrimination by a majority of two); and since the verdict of beth-din cannot be evenly balanced, three most be added to them (the twenty). The expounders of metaphor stated: The three "eduyoth" ("congregants") written in this section (one in [24] and two in [27]) signal that capital cases are adjudicated by thirty.

(Bamidbar 35:25) "And the congregation shall return him": From here you learn that those who kill, either unwittingly or wittingly, repair to the cities of refuge, and beth-din send and bring them from there. One who is found liable for the death penalty is killed. One who is not found liable is let go. One who is found liable for exile is returned to his place, as it is written "and the congregation shall return him to his city of refuge." "and he shall dwell there until the death of the high-priest": R. Meir says: A murderer shortens a man's days, and the high-priest lengthens a man's days. It is not fitting that the "shortener" should stand before the "lengthener." Rebbi says: A murderer defiles the land and removes the Shechinah, and the high-priest causes the Shechinah to repose on the land. It is not fitting that he who defiles the land should stand before him who causes the Shechinah to repose upon the land.

(Bamidbar 35:26) "And if the murderer go beyond the border of the city of refuge … (27) the avenger may slay the murderer": R. Elazar b. Azaryah said: If under the measure of punishment, the lesser (of the two measures), one who steps one step (beyond the permitted limits) is liable for his soul, then under the measure of reward, the greater, how much more so (is his soul ennobled by an "extra step" for a mitzvah)! (37) "And the avenger find him": any man (i.e., not only the literal "blood-avenger," his kin). (38) "For in the city of his refuge shall he dwell": whence it is derived: If one killed in that city (to which he had been exiled), he is exiled from one neighborhood (in that city) to another. And a Levite (who lives in a city of refuge) is exiled from that city to another. "and after the death of the high-priest, the slayer shall return to the land of his holding": but not to his (previous high) position. These are the words of R Yehudah. R. Meir says: even to his position.

(Bamidbar 35:29) "And these shall be for you a statute of judgment": to obtain throughout the generations": in Eretz Yisrael and outside of it. (30) "Whoever would kill a soul, by the testimony of witnesses shall he kill the slayer": What is the intent of this? From (19) "The avenger, he shall kill him," I might think that he may kill him in beth-din without witnesses. It is, therefore, written "Whoever would kill a soul, by the testimony of witnesses, etc." He kills him only in beth-din and by witnesses. "and one witness shall not testify against a soul to have him put to death": (but) he can testify towards acquittal. And one witness can testify towards (imposing) an oath. "and one witness": This is a prototype, viz.: Wherever "witness" is written, two are understood, unless "one" is specified. (31) "And you shall not take ransom for the soul of a murderer": What is the intent of this? From (Shemot 21:30) "When ransom is set for him" (one whose ox killed a man), I might think that just as "redemption" is given for those subject to death at the hands of Heaven, so, is it given for those liable to death by man (i.e., beth-din). It is, therefore, written "And you shall not take ransom." R. Yoshiyah says: If one were taken out to be executed and he injured others, he is liable. If others injured him, they are not liable for (injuring) his person, (for he is considered "dead"), but they are liable for (damage to) his property. Whence is this derived? From "And you shall not take ransom," (indicating that he is regarded as "dead.") — But perhaps this obtains even if his verdict has not yet been consummated? It is, therefore, written "who is liable to die." Until his verdict has been consummated, he (i.e., one who injures him) is liable. Once his verdict has been consummated, he is not liable. R. Yonathan says: If one were being taken out to be executed, and another came forward and killed him, he is not liable. Even if his verdict has not yet been consummated? It is, therefore, written "until he is liable to die." Until his verdict has been consummated, he (i.e., one who kills him) is liable. Once his verdict has been consummated, he is not liable.

(Bamidbar 35:32) "And you shall not take ransom for one who fled to the city of his refuge, etc.": If one killed unwittingly, I might think that if he gave money (i.e., "ransom"), he would not be exiled. It is, therefore, written "And you shall not take ransom for one who has fled, etc."

(Bamidbar 35:33) "Velo tachanifu the land": This is an exhortation against flatterers ("chanafim"). Variantly: Do not cause the land to "flatter" you (i.e., not to produce fruit). "ki hadam hu yachanif eth ha'aretz": Rabbi Yoshiyah interpreted this acronymically, viz.: "ki hadam hu yachon af ba'aretz" ("for the blood will repose wrath upon the land." "and the land will not have atonement." What is the intent of this? Because it is written (Devarim 21:4) "and they shall break there the neck of the heifer in the river-bed," I might think that if its neck were broken and afterwards the murderer were found, it would effect atonement. It is, therefore, written "and the land will not have atonement." We are hereby taught that the spilling of blood defiles the land and removes the Shechinah. And because of the spilling of blood the Temple was destroyed.

(Bamidbar 35:34) "in whose midst I dwell": Beloved are Israel, for even when they are tamei the Shechinah reposes among them — (Vayikra 16:16) "who dwells with them in the midst of their uncleanliness," and (Ibid. 15:31) "… when they defile My sanctuary which is in their midst," and (Bamidbar 5:3) "and they shall not make unclean their camps in whose midst I dwell." (Ibid. 35:34) "for I the L-rd dwell in the midst of the children of Israel." R. Nathan says: Beloved are Israel, for wherever they are exiled the Shechinah is with them. They were exiled to Egypt — the Shechinah was with them, viz. (I Samuel 2:27) "Did I not reveal Myself to the house of your father when they were in Egypt (enslaved to) the house of Pharaoh?" They were exiled to Bavel — the Shechinah was with them, viz. (Isaiah 43:14) "Because of you I was sent to Bavel." They were sent to Eilam — the Shechinah was with them, viz. (Jeremiah 49:38) "I placed My throne in Eilam, and banished from there king and officers." They were exiled to Edom — the Shechinah was with them, viz. (Isaiah 63:1) "Who is This, who comes from Edom, with sullied vestments, from Batzrah?" And when they return, the Shechinah will be with them, viz. (Devarim 30:3) "Then the L-rd your G-d will return with your captivity and He will have mercy upon you." It is not written "and He will return to you," but "and He will return with you!" And it is written (Song of Songs 4:8) "With Me from the Levanon, My bride — with Me from the Levanon shall you come. You will look from the top of Amanah, from the top of Senir and Chermon, from the dens of lions, from the mountains of leopards." Rebbi says: An analogy: A king says to his servant: Why do you search for me? I am with my son. Whenever you need me, I am with my son. "For I, the L-rd dwell in the midst of the children of Israel."

One who was not liable to the death penalty was let go, as it is written (Bamidbar 35:25) "then the congregation shall rescue the slayer."

"and our foes are judges": You wrote in our Torah that a foe does not judge and does not testify, viz. (Bamidbar 35:23) "And one who is not his foe" (shall testify against him), "and one who does not seek his evil" (shall judge him). And You have placed over us foes as witnesses and judges!