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Rotzeach uShmirat Nefesh - Chapter 7

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Rotzeach uShmirat Nefesh - Chapter 7

1When a Torah scholar is exiled to a city of refuge, his teacher is exiled together with him. This is derived from Deuteronomy 19:5, which states: “He shall flee to one of these cities, and he shall live.” Implied, is that everything necessary for his life must be provided for him. Therefore, a scholar must be provided with his teacher, for the life of one who possesses knowledge without Torah study is considered to be death.1 Similarly, if a teacher is exiled, his academy is exiled with him.2אתַּלְמִיד שֶׁגָּלָה לְעִיר מִקְלָט, מַגְלִין רַבּוֹ עִמּוֹ, שֶׁנֶּאֱמַר "וָחָי" (דברים יט, ה) - עֲשֵׂה לוֹ כְּדֵי שֶׁיִּחְיֶה, וְחַיֵּי בַּעֲלֵי חָכְמָה וּמְבַקְּשֶׁיהָ בְּלֹא תַּלְמוּד תּוֹרָה כְּמִיתָה חֲשׁוּבָה. וְכֵן הָרַב שֶׁגָּלָה, מַגְלִין יְשִׁיבָתוֹ עִמּוֹ.
2When a servant is exiled to a city of refuge, his master is not obligated to provide for his sustenance.3 The income from his labor, however, belongs to his master.בעֶבֶד שֶׁגָּלָה לְעִיר מִקְלָט - אֵין רַבּוֹ חַיָּב לְזוּנוֹ, וּמַעֲשֵׂה יָדָיו לְרַבּוֹ.
When a woman is exiled to a city of refuge, her husband is obligated to provide for her sustenance. For he cannot tell her: “Take the fruits of your labor4 in exchange for your sustenance,’’5 unless the woman is capable of earning a sufficient amount to provide for herself.6אַבָל אִשָּׁה שֶׁגָּלְתָה לְעִיר מִקְלָט, בַּעְלָהּ חַיָּב לְזוּנָהּ, וְאֵינוֹ יָכוֹל לוֹמַר לָהּ "צְאִי מַעֲשֵׂה יָדַיִךְ לִמְזוֹנוֹתַיִךְ", אֶלָא אִם כֵּן הָיוּ מַסְפִּיקִין לָהּ.
3When a killer was sentenced to exile and died before the sentence was implemented, his bones should be taken to a city of refuge and buried there7 When a killer dies in his city of refuge, he should be buried there. When the High Priest dies,8 the bones of the killer may be taken to his ancestral plot.9גרוֹצֵחַ שֶׁנִּגְמַר דִּינוֹ לְהַגְלוֹתוֹ, וּמֵת קֹדֶם שֶׁיִּגְלֶה - מוֹלִיכִין עַצְמוֹתָיו לְשָׁם; וְרוֹצֵחַ שֶׁמֵּת בְּעִיר מִקְלָטוֹ, קוֹבְרִין אוֹתוֹ שָׁם. וּבְעֵת שֶׁיָּמוּת הַכּוֹהֵן הַגָּדוֹל, מוֹלִיכִין עַצְמוֹת הָרוֹצֵחַ מִשָּׁם לְקִבְרֵי אֲבוֹתָיו.
4When any of the other Levites10 who live in the city of refuge dies, he should not be buried within the city or within its Sabbath boundary. As Numbers 35:3 states: “Their open space will be for their animals, for their property and for all their life.” Implied is that these cities were given for life, and not for burial.דשְׁאָר הַלְּוִיּים הַשּׁוֹכְנִים בְּעָרֵי מִקְלָט - כְּשֶׁיָּמוּת אֶחָד מֵהֶן, אֵינוֹ נִקְבָּר בָּעִיר וְלֹא בְּתוֹךְ הַתְּחוּם, שֶׁנֶּאֱמַר "וּמִגְרְשֵׁיהֶם יִהְיוּ לִבְהֶמְתָּם וְלִרְכֻשָׁם וּלְכֹל חַיָּתָם" (במדבר לה, ג) - לְחַיִּים נִתְּנוּ, וְלֹא לִקְבוּרָה.
5When a killer kills accidentally in a city of refuge, he should be exiled from one neighborhood to another. He should not depart from the city.11הרוֹצֵחַ שֶׁהָרַג בִּשְׁגָגָה בְּעִיר מִקְלָטוֹ - גּוֹלֶה בָּהּ מִשְּׁכוּנָה לִשְׁכוּנָה, וְאֵינוֹ יוֹצֵא מִן הָעִיר.
Similarly,12 when a Levite kills in one of his own cities, he should be exiled to another one of the cities of the Levites.13 For they all serve as a haven, as will be explained.14 If he killed outside the cities of the Levites and fled to his own city, that city serves as a haven for him.15וּבֶן לֵוִי שֶׁהָרַג בִּמְדִינָתוֹ - גּוֹלֶה לִמְדִינָה אַחֶרֶת מֵעָרֵי הַלְּוִיִּם, לְפִי שֶׁכֻּלָּן קוֹלְטוֹת כְּמוֹ שֶׁיִּתְבָּאֵר. וְאִם הָרַג חוּץ מֵעָרֵי הַלְּוִיִּם, וּבָרַח לְעִירוֹ - הֲרֵי זֶה קוֹלְטוֹ.
6When the majority of the inhabitants of a city of refuge are killers, it no longer serves as a haven.16 This is derived from Joshua 20:4, which speaks of the designation of the cities of refuge and states: “And the killer will speak his words in the ears of the elders of the city.” Implied is that there is a distinction between their words and his words.17ועִיר מִקְלָט שֶׁרֻבָּהּ רַצְחָנִים, אֵינָהּ קוֹלֶטֶת, שֶׁנֶּאֱמַר "וְדִבֶּר בְּאָזְנֵי זִקְנֵי הָעִיר הַהִיא אֶת דְּבָרָיו" (יהושוע כ, ד) - וְלֹא שֶׁשָּׁווּ דִּבְרֵיהֶם לִדְבָרָיו.
Similarly, a city that does not have elders does not serve as a haven,18 for it is written: “The elders of that city.”וְכֵן עִיר שֶׁאֵין בָּהּ זְקֵנִים - אֵינָהּ קוֹלֶטֶת, שֶׁנֶּאֱמַר "זִקְנֵי הָעִיר הַהִיא”.
7When a killer was exiled to a city of refuge, and the inhabitants of the city desire to show him honor, he should tell them: “I am a killer.” If they say, “We desire to honor you regardless,” he may accept the honor from them.זרוֹצֵחַ שֶׁגָּלָה לְעִיר מִקְלָט, וְרָצוּ אַנְשֵׁי הָעִיר לְכַבְּדוֹ - יֹאמַר לָהֶם 'רוֹצֵחַ אֲנִי'; אָמְרוּ לוֹ 'אַף עַל פִּי כֵן', מְקַבֵּל מֵהֶן.
8A person who was exiled to a city of refuge should never leave his city of refuge, not even to perform a mitzvah or to deliver testimony - neither testimony involving monetary matters, nor testimony involving a capital case.חהַגּוֹלֶה אֵינוֹ יוֹצֵא מֵעִיר מִקְלָטוֹ לְעוֹלָם, וְאַפִלּוּ לִדְבַר מִצְוָה, אוֹ לְעֵדוּת בֵּין עֵדוּת מָמוֹן בֵּין עֵדוּת נְפָשׁוֹת.
He should not leave even if he can save a life by delivering testimony, or he can save a person from gentiles, from a river, from a fire or from an avalanche. This applies even if he is a person like Yoav ben Tz’ruyah, upon whom the salvation of the entire Jewish people may depend.19 He should never leave the city of refuge until the death of the High Priest.וְאַפִלּוּ לְהַצִּיל נֶפֶשׁ בְּעֵדוּתוֹ, אוֹ לְהַצִּיל מִיַּד הַעוֹבֵד כּוֹכָבִים, אוֹ מִיַּד הַנָּהָר, אוֹ מִיַּד הַדְּלֵקָה וּמִן הַמַּפֹּלֶת. אַפִלּוּ כָּל יִשְׂרָאֵל צְרִיכִין לִתְשׁוּעָתוֹ כְּיוֹאָב בֶּן צְרוּיָה, אֵינוֹ יוֹצֵא מִשָּׁם לְעוֹלָם עַד שֶׁיָּמוּת הַכּוֹהֵן הַגָּדוֹל.
If he departs, he has allowed for his death, as explained.20וְאִם יָצָא, הִתִּיר עַצְמוֹ לְמִיתָה כְּמוֹ שֶׁבֵּאַרְנוּ.
9When it is said that a killer may return after the death of the High Priest, the intent is a High Priest anointed with the anointing oil,21 one who assumed his office through wearing his vestments,22 one who performs the service of a High Priest,23 and one who was removed from his office.24 When any of these four die, a killer may return from his city of refuge.טאֶחָד כּוֹהֵן גָּדוֹל הַמָּשׁוּחַ בְּשֶׁמֶן הַמִּשְׁחָה, וְאֶחָד הַמְּרֻבֶּה בִּבְגָדִים, וְאֶחָד כּוֹהֵן גָּדוֹל הָעוֹבֵד, וְאֶחָד הַכּוֹהֵן שֶׁעָבַר - כָּל אֶחָד מֵאַרְבַּעְתָּן שֶׁמֵּת, מַחְזִיר אֶת הָרוֹצֵחַ.
When, by contrast, a priest anointed to lead the nation in war25 dies, a killer may not return, for this priest is considered to be an ordinary priest.26אֲבָל מְשׁוּחַ מִלְחָמָה אֵינוֹ מַחְזִיר, מִפְּנֵי שֶׁהוּא כְּכוֹהֵן הֶדְיוֹט.
10The following individuals are exiled and never return from their exile:27 a) a person who was sentenced to exile at a time when the office of High Priest was not filled; b) a person who killed a High Priest unintentionally and there was no other High Priest;28 or c) a High Priest who killed unintentionally and there was no other High Priest.29ירוֹצֵחַ שֶׁנִּגְמַר דִּינוֹ לְגָלוּת, וְלֹא הָיָה שָׁם כּוֹהֵן גָּדוֹל, וְהַהוֹרֵג כּוֹהֵן גָּדוֹל, וְלֹא הָיָה שָׁם כּוֹהֵן גָּדוֹל אַחֵר, וְכוֹהֵן גָּדוֹל שֶׁהָרַג, וְלֹא הָיָה שָׁם כּוֹהֵן גָּדוֹל אַחֵר - הֲרֵי אֵלּוּ גּוֹלִין, וְאֵינָן יוֹצְאִין מֵעִיר מִקְלָט לְעוֹלָם.
11If, however, the killer was sentenced, but the High Priest died before the killer was actually exiled, he is not required to go into exile.30יאנִגְמַר דִּינוֹ לְגָלוּת, וְאַחַר כָּךְ מֵת הַכּוֹהֵן הַגָּדוֹל קֹדֶם שֶׁיִּגְלֶה הָרוֹצֵחַ - הֲרֵי זֶה פָּטוּר מִן הַגָּלוּת.
If before the killer was sentenced, the High Priest dies, and another High Priest was appointed in his stead, and then the sentence of exile was delivered, the killer returns after the death of the second High Priest, the one in whose term of office he was sentenced.וְאִם עַד שֶׁלֹּא נִגְמַר דִּינוֹ מֵת הַכּוֹהֵן הַגָּדוֹל, וּמִנּוּ כּוֹהֵן אַחֵר תַּחְתָּיו, וְאַחַר כָּךְ נִגְמַר דִּינוֹ - הֲרֵי זֶה חוֹזֵר בְּמִיתָתוֹ שֶׁל שֵּׁנִי שֶׁנִּגְמַר דִּינוֹ בְּפָנָיו.
12If a killer was sentenced and it was discovered that the High Priest was the son of a divorcee or the son of a woman who underwent chalitzah,31 the High Priesthood is negated. It is as if he were sentenced without there having been a High Priest; he may never leave his city of refuge.יבנִגְמַר דִּינוֹ, וְנִמְצָא הַכּוֹהֵן הַגָּדוֹל בֶּן גְּרוּשָׁה אוֹ בֶּן חֲלוּצָה - בָּטְלָה כְּהֻנָּה, וּכְאִלּוּ נִגְמַר דִּינוֹ בְּלֹא כּוֹהֵן גָּדוֹל, וְאֵינוֹ יוֹצֵא מִשָּׁם לְעוֹלָם.
13When a killer returns to his city after the death of the High Priest, he is considered to be an ordinary citizen. If the blood redeemer slays him, the blood redeemer should be executed, for the killer has already gained atonement through exile.יגרוֹצֵחַ שֶׁשָּׁב לְעִירוֹ אַחַר מוֹת הַכּוֹהֵן הַגָּדוֹל, הֲרֵי הוּא כִּשְׁאָר כָּל אָדָם; וְאִם הֲרָגוֹ גּוֹאֵל הַדָּם - נֶהֱרָג עָלָיו, שֶׁכְּבָר נִתְכַּפֵּר לוֹ בְּגָלוּתוֹ.
14Although the killer has gained atonement, he should never return to a position of authority that he previously held. Instead, he should be diminished in stature for his entire life, because of this great calamity that he caused.ידוְאַף עַל פִּי שֶׁנִּתְכַּפֵּר, אֵינוֹ חוֹזֵר בָּהּ לַשְּׂרָרָה שֶׁהָיָה בָּהּ לְעוֹלָם, אֶלָא הֲרֵי הוּא מוּרָד מִגְּדֻלָּתוֹ כָּל יָמָיו, הוֹאִיל וּבָאָה תְּקָלָה זוֹ הַגְּדוֹלָה עַל יָדוֹ.
15Although a person who intentionally injures his father is liable to be executed by the court32 just like a person who kills another person, if a person unintentionally injured his parents, he is not liable for exile. For the Torah prescribed exile only for a person who unintentionally killed another man, as we have stated.33טואַף עַל פִּי שֶׁהַחוֹבֵל בְּאָבִיו בְּזָדוֹן חַיָּב מִיתַת בֵּית דִּין כְּמוֹ הַהוֹרֵג שְׁאָר אָדָם, אִם חָבַל בְּאָבִיו אוֹ בְּאִמּוֹ בִּשְׁגָגָה, אֵינוֹ חַיָּב גָּלוּת; שֶׁלֹּא חִיְּבָה תּוֹרָה גָּלוּת אֶלָא לְהוֹרֵג נֶפֶשׁ אָדָם בִּשְׁגָגָה בִּלְבָד, כְּמוֹ שֶׁבֵּאַרְנוּ.

Quiz Yourself on Rotzeach uShmirat Nefesh Chapter 7

Footnotes
1.

As the Rambam quotes from Makkot 10a, the fundamental reason the teacher is exiled is for his student’s sake. Nevertheless, the commentaries have also emphasized that the fact that a teacher’s student causes the loss of a life also implies that there is a spiritual fault within the teacher that needs to be expiated, and for this reason he is exiled.

2.

For just as a student cannot exist without a teacher, so too, it is equally trying for a teacher to be without students.

3.

As reflected in Hilchot Avadim 9:7, an owner is never obligated to provide for his servant’s livelihood. He can withhold food from him at any time, should he desire. Even so, he does not forfeit his claim to the fruits of the servant’s labor.

4.

To which the husband is entitled.

5.

Which the husband is required to provide.

6.

As explained in Hilchot Ishut 12:4, by marrying a woman, a husband makes a commitment to support her if she cannot support herself, whether or not her earnings bring back a commensurate amount.
If, however, the woman is capable of earning her own livelihood, her husband has the option of compelling her to do so, even in a city of refuge, where she will be required to make new business contacts.

7.

This ruling emphasizes that exile is not merely a benefit for the killer - so that he will be protected from the blood redeemer - but is also required in order to bring him atonement.

8.

At which point the killer’s deed has been expiated.

9.

Although Jewish law generally does not allow disinterment, one of the exceptions is an instance when the corpse is being taken to be buried in an ancestral plot.

10.

For the cities of refuge are given to the tribe of Levi in place of the ancestral heritage received by other tribes. (See Numbers, Chapter 35, and Chapter 8, Halachah 9.) Nevertheless, as reflected in Chapter 8, Halachah 8, not all the inhabitants of the cities of refuge were Levites. The laws mentioned by the Rambam apply to all the inhabitants aside from the exiles.

11.

For as stated in Halachah 8, he is forbidden to do so, because of the first death that he caused.

12.

Our translation follows the standard published text of the Mishneh Torah, although it appears to be in error. The word ובכן, translated as “similarly,” does not fit the context. It appears that the proper text is ובן לוי literally meaning “son of a Levite,” and used interchangeably with the term לוי. This version is found in the authoritative manuscripts.

13.

For he must leave the city in which he killed.

14.

Chapter 8, Halachah 9.

15.

Although he is not leaving the place of his permanent dwelling, since he is leaving the city in which he killed, it is considered to be exile.

16.

It would appear that the city is not disqualified as a city of refuge, but that it no longer accepts new killers.

17.

I.e., that they are not killers as he is.

18.

The K’nesset HaGedolah and the Ma’aseh Rokeach note that Makkot 10b, the source for this halachah, also mentions that a city cannot bring a calf whose neck is broken (see Chapter 9), nor carry out the judgment of a rebellious son, unless it has elders. They question why the Rambam does not mention these laws.

19.

The Or Sameach notes that generally a threat to life supersedes all the prohibitions - and surely all the positive mitzvot - in the Torah. Why then should the killer remain in the city of refuge, although doing so may cause the loss of many lives?
He explains that since the blood redeemer has the right to slay the killer, the killer is not required to risk his own life to save the lives of others.

20.

Chapter 5, Halachah 11.

21.

The oil described in Exodus, Chapter 30, which was used to anoint the sacred vessels in the Sanctuary, and afterwards, the High Priests and the kings of the Davidic dynasty. This oil was entombed together with the Holy Ark in the time of King Josiah, shortly before the destruction of the First Temple.

22.

I.e., the High Priests from Josiah’s time onward, who were not anointed. The literal translation of the term used by the Rambam is “one who adds garments,” referring to the fact that the High Priest wears four additional garments besides those worn by an ordinary priest. Putting on these garments would constitute his initiation into the High Priesthood.
(See Rav Kapach, who interprets merubah b’gadim not as having many garments as above, but as having long garments, referring to the white clothing the High Priest would wear on Yom Kippur, which had a long train.)

23.

As Makkot 11a states, these terms are not mutually exclusive. Thus one can be a High Priest who performs the service of a High Priest and yet still be included in either one of the first two categories.

24.

E. g., one who became leprous or sick and was unable to continue in his office.

25.

See Deuteronomy, Chapter 20, and Hilchot Melachim, Chapter 7, which relate the command for a priest to be anointed with the anointing oil and address the army before they engage in battle.

26.

The fact that he has been anointed does not change his status in an ultimate sense.

27.

I.e., even though a High Priest was appointed subsequently, since he was not in office at the time the killer was sentenced to exile, the killer does not return after his death (Makkot 11b).

28.

None of the four types of High Priests mentioned in the previous halachah were alive at that time.

29.

Both this and the previous law refer to instances where a new High Priest had not been appointed until the sentence of exile was given. This is the Meiri’s perspective; there are differing views.

30.

For the fundamental aspect of the killer’s atonement is achieved with the death of the High Priest.

31.

According to Scriptural Law a priest is forbidden to marry a divorcee, and according to Rabbinic Law he is forbidden to marry a woman who has undergone the rite of chalitzah, the practice which releases a childless widow from her obligation to marry her deceased husband’s brother.
If a priest violates the prohibition against marrying a divorcee, his son is a challal and is not considered to be a priest. And if a priest marries a woman who has undergone chalitzah, his son is considered a challal according to Rabbinic Law and is likewise disqualified.
Thus, if it was discovered that a High Priest had blemished lineage of this nature, he is not a priest at all, and there is no High Priesthood. It is just as if there were no person serving in that office at all.

32.

See Hilchot Mamrim 5:5.

33.

The commentaries cite Chapter 5, Halachah 2.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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Vowelized Hebrew text courtesy Torat Emet under CC 2.5 license.
The text on this page contains sacred literature. Please do not deface or discard.