Rambam - 3 Chapters a Day

It is a positive commandment to set aside cities of refuge, as Deuteronomy 19:2 states: "You shall set aside three cities." The practice of setting aside cities of refuge applies only in Eretz Yisrael.

There were six cities of refuge. Three Moses our teacher set aside in TransJordan, and three Joshua set aside in the land of Canaan.

None of the cities of refuge served as a haven until they were all set aside, as implied by Numbers 35:13: "There shall be six cities of refuge for you." And so, Moses informed us that the three cities of refuge in TransJordan did not serve as a haven until the three in the land of Canaan were set aside.

If so, why did Moses set them aside? He said: "Since a mitzvah came to my hand, I will fulfill it."

In the era of the King Mashiach, three other cities will be added to these six, as Deuteronomy 19:9 states: "And you shall add three other cities to these three cities."

Where are these cities added? In the cities of the Keni, K'nizi, and the Kadmoni, concerning which a covenant was made with Abraham, but which have not yet been conquered. Concerning these cities, the Torah ibid.:8 says: "And if God, your Lord, will expand your boundaries...."

The Jewish court is obligated to construct roads leading to the cities of refuge; they should be maintained and widened. Any stumbling block and obstacle should be removed from them.

On these roads neither a hill, a valley, nor a river should be left. Instead, a bridge should be built across so as not to impede a person fleeing there. This is all implied by Deuteronomy 19:3, which states: "You shall prepare the road for yourselves."

The width of the road to the city of refuge should not be less than 32 cubits. Signs stating "Refuge, refuge," should be written at intersections, so that killers would be aware of the way and turn there.

Every year, on the fifteenth of Adar, the court would send out emissaries to inspect the roads leading to the cities of refuge. Wherever they found flaws, they would have them repaired. If a court was dilatory regarding this matter, it is considered as if they shed blood.

When the cities of refuge were first set aside, they would measure from one city to another to determine whether they were set aside in equal measures. This is also implied by the verse: "You shall prepare the road for yourselves."

The cities of refuge that are designated should not be big cities or metropolises, nor should they be small villages. Instead, they should be cities of intermediate size.

They should be located solely in trading places, where water is found. If there is no water near them, water should be diverted toward them. They should be located solely in a populated area. If the surrounding populace is reduced, it should be increased. If the number of inhabitants of the city of refuge decrease, priests, Levites, and Israelites should be brought to live there.

Snares may not be set in such a city, nor may rope traps be set there, so that the blood redeemer will not come there.

All of the cities of the Levites serve as a haven; each is a city of refuge. This is indicated by Numbers 35:6-7: "And in addition to them, you shall give them 42 cities. All the cities that you shall give the Levites shall be 48 in number." The verse thus established an association between them; all of them serve as havens.

What then is the difference between those cities that are set aside as cities of refuge, and the other cities of the Levites?

The cities of refuge serve as havens whether one enters them with the intent of taking refuge or one enters them without that intent; since a killer enters their confines, they serve as a haven for him. The other cities of the Levites serve as a haven only when one enters with that intent in mind.

Also, a killer who lives in a designated city of refuge does not have to pay rent. If, by contrast, he lives in another one of the cities of the Levites, he must pay his landlord rent.

Whenever a city serves as a haven, the surrounding area also serves as a haven.

When a tree is standing within the limits of a city of refuge and its leaves extend beyond those limits, once a killer comes below its leaves they serve as a haven for him. If a tree stands outside the limits and its leaves extend within those limits, as soon as he reaches its trunk it serves as a haven for him. If the blood redeemer kills him there, he should be executed.

Even though the surrounding area of a city serves as a haven, a killer should not dwell there, as [implied by Numbers 35:25:] "He shall dwell in it," i.e., not in its surrounding area.

The following procedure should be adhered to when the corpse of a slain person is found lying on the earth, and it is not known who struck him. It is left in place. Five elders from the High Court in Jerusalem come and measure from the corpse to the nearby cities, as indicated by Deuteronomy 21:2: "And your elders and your judges shall go out and measure...."

Even if the corpse is found right next to a city, or it is clearly obvious that a particular city is closer, it is a mitzvah to measure.

After they measure and establish which city is closest, they bury the person who was murdered in the place he was found. The elders from Jerusalem return to their city, and the court of the city that was designated brings a calf paid for by all the inhabitants. They bring the the calf to a river that flows forcefully. This is the meaning of the term eitan found in the Torah (Deuteronomy 21:4).

It should be decapitated there with a cleaver, from behind. The court of that city and all the elders of the city, even if they are 100 in number, must wash their hands at the place where the calf was decapitated.

There, in the midst of the river, the elders declare in the holy tongue Deuteronomy 21:7: "Our hands did not shed this blood, nor did we see this with our eyes." Their intent is that the murdered person did not come into their city and they let him leave without giving him provisions for the way, nor did they see him go and they let him leave without accompaniment.

The priests then say in the Holy Tongue Ibid.:8: "Atone for Your nation Israel...." They depart. The Holy One, blessed be He, then forgives the shedding of the blood, as the above verse continues: "And the blood will be atoned."

When the judges measure the distance from the corpse to the nearest city, they must measure exactly and not by estimation. They should measure only to a city that has a court of 23 judges.

They should never measure, however, to Jerusalem, for the inhabitants of Jerusalem are never required to bring a calf to be decapitated. For Jerusalem was never divided among the tribes, and the mitzvah of decapitating a calf applies "in the land that God your Lord is giving you to inherit" Deuteronomy 19:1.

If the corpse is found close to Jerusalem or close to a city that does not have a court, that city should be ignored, and a measurement should be made to the other cities close by.

If the corpse is found close to a border city or to a city inhabited by gentiles, no measurement is made at all. For we presume that the person was killed by gentiles.

The city that is closest to the corpse does not bring the calf unless its population is equal to that of the city that is further away. If, however, the population of the city that is further away exceeds that of the closer city, the number of inhabitants becomes the determining factor, and the more populous city must bring the calf.

Although at times the Torah considers number to be a determining factor, and at times proximity to be a determining factor, number carries more weight than proximity.

If a corpse is found equidistant between two cities, and both cities have the same number of inhabitants, they should bring a calf in partnership and make the following stipulation: If this city is the closer, the calf belongs to its inhabitants, and the others are giving them their portion in it as a present. And if the other city is closer, the calf belongs to its inhabitants and the others are giving them their portion in it as a present. For it is impossible to be exact in measurement, even with regard to something that comes about as a result of human activity.

From which portion of the corpse should we measure? From the nose.

If the body of a corpse is found in one place and the head in another place, the body is brought to the head, and then the corpse is buried in that place. Similarly, whenever a corpse is found with no one to bury it, the body is brought to the head, and then the corpse is buried in that place.

If many corpses were found next to each other, a measurement should be made from the nose of each one individually. If one city is discovered to be closest to all of them, it brings one calf for all the corpses.

If the corpses are found piled one on top of the other, we should measure from the top corpse, since it is lying on top of the others.

Deuteronomy 21:1 states: "When a corpse is found...." Challal, the term used for corpse indicates a person slain with a sword, and not strangled to death, nor a person in his death throes; these are not implied by the term challal.

The verse continues "on the earth" - i.e., not buried in a mound; "fallen" and not hanging from a tree; "in the field" - and not floating on the water. "And it is not known who killed him" - thus, if the murderer's identity is known, a calf was not decapitated.

Even if only one witness - or even a servant, a woman, or a person disqualified to serve as a witness because of his transgressions - saw the murderer, the calf would not be decapitated. For this reason, in the later part of the Second Temple Period, when the number of those who murdered overtly increased, the decapitation of the calf was nullified.

If one witness says: "I saw the murderer," and another witness disputes his statement, saying: "You did not see him," the calf would be decapitated.

When does the above apply? When the two witnesses came at the same time. If, however, the witness who claims to have seen the murderer came first and testified, his word is believed as would be that of two witnesses in this context. Therefore, if another witness comes and disputes his testimony, claiming that the first witness did not see the murderer, the words of the second witness are of no consequence, and the calf would not be decapitated.

If after the one witness testifies that he saw the murderer, two witnesses come and testify that he did not see him, it is considered as if there are two testimonies of equal weight, disputing each other, and the calf should be decapitated.

If a woman says: "I saw the murderer," and another woman disputes her testimony and says: "You did not see," the calf should be decapitated. This applies regardless of whether the women came together or one after the other.

If two say: "We saw him," and one says, "You did not see him," the calf should not be decapitated. If one says: "I saw him," and two say, "You did not see him," the calf should be decapitated.

When does the above apply? When the three witnesses mentioned are either all acceptable or all unacceptable. If, however, one acceptable witness says: "I saw the murderer," and two women or two unacceptable witnesses contradict him and say that he did not see him, the calf should not be decapitated.

When two women or two unacceptable witnesses say: "We saw the murderer," and one acceptable witness denies their statements and says that they did not see him, the calf should be decapitated.

Even when 100 women or 100 unacceptable witnesses say: "We saw the murderer", and one acceptable witness denies all their statements, all the unacceptable witnesses are considered as if they were one man, with the weight of a single witness.

When three women or three unacceptable witnesses say: "We saw the murderer," and four women or four unacceptable witnesses say: "You did not see him," the calf should be decapitated. This is the guiding principle: With regard to unacceptable witnesses, accept the testimony supported by the most witnesses in all situations.

The law of the decapitated calf is practiced only in Eretz Yisrael. It is also practiced in TransJordan.

The calf that is decapitated may be two years old or younger. If, however, it is two years and one day old, it is not acceptable. Physical blemishes do not disqualify it. Nevertheless, if it is tarefa, it is unacceptable. For "atonement" is mentioned with regard to it, as it is mentioned with regard to sacrificial offerings.

Deuteronomy 21:3 states: "that has never been worked, and that has never carried a yoke." Accordingly, all types of work disqualify the calf, just as they disqualify a red heifer.

Why is "a yoke" then singled out; seemingly it is included with the other tasks in the expression "that has never been worked"? To teach that a yoke disqualifies a calf whether or not it carries it while working. If a calf carries a yoke for a distance of a handbreadth, it is disqualified even though it did not plow with it or perform any work. With regard to other tasks, by contrast, they do not disqualify a calf unless work was actually performed.

Whenever the calf performs a task for its own benefit, that does not disqualify it; for example, the owner spread his garment over it to protect it from flies. Any task that is not for its own benefit - e.g., the owner spread his garment over it, so that it should carry it - disqualifies it. The same applies in all analogous situations, as we have explained in Hilchot Parah.

The calf should be decapitated only during the daytime, for "atonement" is mentioned with regard to it, as it is mentioned with regard to sacrificial offerings.

It is acceptable to decapitate it any time during the entire day. Two calves should not be decapitated at the same time, for mitzvot should not be performed in bundles.

It is forbidden to benefit from a calf that is decapitated. It should be buried at the place where it was decapitated.

Once it is taken down to the river, benefiting from it becomes forbidden, even though it has not yet been decapitated. Thus, if it dies there or was slaughtered after it was taken down, one is forbidden to benefit from it, and it should be buried.

If, however, the witnesses are found to be lying, it is permitted to benefit from the calf.

What is implied? One witness testified that he saw the murderer, and two witnesses come and negate his testimony, telling him: "You did not see him." If on this basis, the court set aside a calf and brought it down to the river to decapitate it because of their testimony, and these witnesses were disqualified afterwards as lying witnesses, it is permitted to benefit from the calf.

If the murderer was discovered before the calf was decapitated, it should be released and allowed to pasture with the herd. If he was discovered after the calf was decapitated, before it was buried, it should be buried in its place. For at the outset, it was brought because of a doubt. It atoned for this lack of knowledge and served its purpose.

Even when the murderer is discovered after the decapitation of the calf, he should be executed, as Deuteronomy 21:9 states: "You shall thus rid yourselves of the guilt for the shedding of innocent blood."

It is forbidden ever to sow seeds or till the river in which the calf was decapitated, as Deuteronomy 21:4 states: "that must never be worked or sown." Whoever performs work with the land itself - e.g., he plowed, he dug, he seeded, he planted, or the like - should be punished with lashes.

It is, however, permitted to comb flax there, or to drill stones, for this is similar to weaving a garment there or sewing it there, for these are tasks that are not performed with the land itself. To emphasize this concept, the verse states: "that must never be worked or sown." Implied is that just as sowing involves the land itself, similarly all work that is forbidden there involves the land itself.

When the inhabitants of a city that was closest to a corpse have delayed and have not brought a calf for decapitation, they should be compelled to bring it even though several years have passed. For those who are liable to bring a calf for decapitation remain liable despite the fact that Yom Kippur has passed.