תּלמוד אויף דברים 4:41

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

¹²⁰Reference to Mishnah 12, found only in G.[Just as the city grants asylum, so does its domain grants asylum.] ¹²¹Tosephta 3:10, Sifry Deut. 185. The Tosephta credits Abba Shaul with the statement quoted here for R. Nehorai. Sifry quotes R. Nehorai and (Rebbi) Shaul, in inverse order.“Three cities did Moses designate in Transjordan. When they came to the Land they designated another three. In the future there will be another three, as it is said three, three, three¹²²Deut. 19:9. It is written there in v. 7, “three cities you shall designate”. Since it is already reported in Deut. 4:41–43 that Moses designated three cities in Transjordan, v. 19:7 must refer to the three cities which Joshua designated. Therefore 19:9 must refer to another three cities situated in the Northern part of the Land of Promise (Num. 34:1–15) that never was part of the historical Land of Israel. In the opinion of Abba Shaul this Northern part, promised only if the entire people keep all biblical commandments, was as wide as the Cis- and Transjordan parts of the Land of Israel, and therefore needed not three but six additional cities of refuge. It is difficult to make sense of R. Nehorai’s statement.
In the text probably one should read three(Deut. 19:7), three, the three(Deut.19:9). The words עוֹד “additional”, עַל אֵלֶּה “to these” are in Deut. 19:9. In the Constantinople edition, the argument of Abba Shaul for the first 9 is identical to that of the anonymous Tanna; this might be lectio facilior.. This makes nine. Abba Shaul says, three. Three of three times three makes nine. Additional makes twelve. Rebbi Nehorai says, three, three, three make nine. Additional makes twelve. To these three makes fifteen.” It is written¹²³Num. 35:13.: Six cities of refuge there shall be for you, that all six of them give asylum simultaneously. And you say so¹²⁴If this refers to the previous statement,then it is pointed out that Num. 35:13, which limits the number to six, cannot be squared with Deut. 19:9 which suggests nine. The question can be directed only at the anonymous Tanna who requires 9, and R. Nehorai who requires 15 cities, but not at Abba Shaul who envisages two pairs of six cities each.
Another interpretation (Pene Moshe) has this sentence starting a new paragraph, referring to Mishnah 9, and wonders why a High Priest of Second Temple times, who was not anointed with the holy oil compounded by Moses (Ex. 30:22–33) should have the power to free the exiled homicide. It is stated there in v. 23 that only Moses himself could compound this oil and in v. 31 that it should be used for all subsequent generations. By tradition, Josia buried the oil flask together with the Ark of the Covenant in the Temple Mount (2Chr.35:3) after the prophetess Hulda informed him of the imminent destruction of the Temple.? It follows what Rebbi Samuel [ben Aina]¹²⁵Added from G (and the parallels, Taˋaniot 2:1, Horaiot 3:2, as well as the Babli, Yoma 21b). Only R. Samuel bar Aina is known as student of R. Aha. said in the name of Rebbi Aḥa: Five things was the last Temple missing which were in the first Temple, as it is written¹²⁶Hag. 1:8.: Go to the mountain, bring wood, etc., up to I may be honored. It is written I shall be honored, without the letter he¹²⁷Ketib וְאֶכָּבֵד, Qere וְאֶכָּֽבְדָה֭. Both spellings make sense. The missing ה is interpreted in the Alexandrian system of numeration as “5”.. These are the five things which the last Temple was missing which were in the first Temple. They are: The fire¹²⁸The Heavenly fire (2Chr. 7:1)., the Ark¹²⁴If this refers to the previous statement,then it is pointed out that Num. 35:13, which limits the number to six, cannot be squared with Deut. 19:9 which suggests nine. The question can be directed only at the anonymous Tanna who requires 9, and R. Nehorai who requires 15 cities, but not at Abba Shaul who envisages two pairs of six cities each.
Another interpretation (Pene Moshe) has this sentence starting a new paragraph, referring to Mishnah 9, and wonders why a High Priest of Second Temple times, who was not anointed with the holy oil compounded by Moses (Ex. 30:22–33) should have the power to free the exiled homicide. It is stated there in v. 23 that only Moses himself could compound this oil and in v. 31 that it should be used for all subsequent generations. By tradition, Josia buried the oil flask together with the Ark of the Covenant in the Temple Mount (2Chr.35:3) after the prophetess Hulda informed him of the imminent destruction of the Temple., Urim and Tummim¹²⁹Which are mentioned as worn by the High Priest (Ex. 28:30) but for which no description or instructions are given., anointing oil¹²⁴If this refers to the previous statement,then it is pointed out that Num. 35:13, which limits the number to six, cannot be squared with Deut. 19:9 which suggests nine. The question can be directed only at the anonymous Tanna who requires 9, and R. Nehorai who requires 15 cities, but not at Abba Shaul who envisages two pairs of six cities each.
Another interpretation (Pene Moshe) has this sentence starting a new paragraph, referring to Mishnah 9, and wonders why a High Priest of Second Temple times, who was not anointed with the holy oil compounded by Moses (Ex. 30:22–33) should have the power to free the exiled homicide. It is stated there in v. 23 that only Moses himself could compound this oil and in v. 31 that it should be used for all subsequent generations. By tradition, Josia buried the oil flask together with the Ark of the Covenant in the Temple Mount (2Chr.35:3) after the prophetess Hulda informed him of the imminent destruction of the Temple., and the Holy Spirit¹³⁰The spirit of prophecy..

Mishnah: "To where are they exiled? To the cities of refuge—to the three that are across the Jordan, and to the three that are in the land of Canaan. As it is said, 'The three cities you will make across the Jordan and the three cities you will make in the land of Canaan' (Numbers 35:14). While they hadn't chosen the three [cities] in the land of Israel, the three across the Jordan were not effective at providing refuge, as it is said: 'Six cities of refuge will be for you' (Numbers 35)—when there are all six, they are effective at providing refuge as one.