The commandment on the court to send one who smites a soul inadvertently from his city to the cities of refuge and upon the killer himself to go there: That the courts of Israel were commanded to send one who smites a soul inadvertently from his city and restore him in the cities of refuge, as it is stated (Numbers 35:25), “and the community shall restore him to his city of refuge, etc. and there he shall remain until the death of the high priest.” And also the smiter, he too, is included in this positive commandment, as it is stated about him (Numbers 35:28), “For he shall dwell in his city of refuge until the death of the high priest.”
It is from the roots of the commandment [that] since the iniquity of killing is very weighty, as the destruction of the world [comes] through it, to the point that they, may their memory be blessed, said (Mishneh Torah, Laws of Murderer and the Preservation of Life 4:9) that one who kills a soul volitionally — even if he did all of the [other] commandments — is not saved from judgment, as it is stated (Proverbs 28:17), “A man oppressed by bloodguilt will flee to a pit; let none give him support”; therefore it is fitting for one who killed, that since such a great mishap as this came through his hand, that he should endure the pain of exile for it, which is almost equal to the pain of death — as a person is separated from his friends, and from his birthplace and [instead] dwells with strangers all of his days. And there is also benefit to the world with the commandment — as Scripture elucidates — since he will be saved from his blood avenger through this, such that he not kill him when he has no guilt on his hands; as behold, it was inadvertent. And there is another benefit in the thing, such that the relatives of the slain not see the slayer, the killer, regularly with their eyes in the place that the evil was done. And all ‘the ways of the Torah are pleasantness.’
And from the laws of the commandment is that which they, may their memory be blessed, said (Gittin 70b) that an inadvertent killer is only exiled if the one killed died at the time that he killed him. But if [the killer] injured him — even though they evaluated him to die and he got sick and died — such a one is not exiled, lest [the victim] brought his own death closer, or the wind entered into his wound and killed him. And even if [the killer cut] his two benchmarks (the esophagus and the trachea) but [the victim] remained alive a little, he is not exiled for this.
And [also] that which they said (Makkot 8b) that an Israelite is exiled if he killed a slave or a resident alien; and, all the more so, a slave who killed an Israelite or a resident alien, or a slave who killed a slave, or a resident alien [who killed a slave or a resident alien], as it is stated, “and it shall be for the Children of Israel a statute of judgment, and for the stranger that lives among you.” But a resident alien that kills an Israelite — whether volitionally or inadvertently — is killed for it; and a gentile that kills a gentile is not sheltered by the cities of refuge. And [also] that which they said (Makkot 8a), that a son is exiled for the killing of his father and a father is exiled for the killing of his son, and about what are these words speaking — not at the time of learning, but at the time of learning, [if it was] inadvertent as his intention was to teach him and to benefit him with wisdom or with a trade, he is exempt from exile. And so [too,] a teacher with his student likewise. And [also] that which they said (Makkot 10a) that a student that is exiled, his teacher is exiled with him, as it is stated (Deuteronomy 4:42), “he shall flee to one of these cities and live” — and they, may their memory be blessed, expounded (Makkot 10a), [that] they should do for him [what is needed] that he should live, and “wisdom gives life to he who possesses it” (Ecclesiastes 7:12). And the law of whether a husband or master must pay for the sustenance of a wife, a male slave or a maid-servant who has been exiled there; the law of a killer who died before he was exiled, that we bring his bones there; the law of a killer who killed in his city of refuge, and so [too,] a Levite who killed in his city; the law of who is a hater, about whom it is stated that he killed him with enmity, the law of what they said (Makkot 7b) that anyone who kills a soul with a downward motion is exiled, and even an upward motion for the sake of a downward motion, and anyone with an upward motion is not exiled, and even a downward motion for the sake of an upward motion; the law of a killer that the people of the city of refuge want to honor, that he is obligated to say, “I am a killer,” and if they say (to him), “Nonetheless,” it is permissible for him to accept [it]; the law of the altar that it shelters an inadvertent killer like a city of refuge, but only its top and with the altar of the Eternal House, and only a priest with the service in his hand, but not someone else, and they would only allow him there for a short time and afterwards they would give him bodyguards and take him to his city of refuge, and about what are these words speaking, about one of those legally liable for exile, but one who was afraid of the king that he not kill him through a provisional ruling and [so] escaped to the altar and placed [himself on it] is saved, and even if he is [not a priest], and we do not ever take him off of the altar, so did I see that Rambam, may his memory be blessed, wrote. And the rest of its details are elucidated in Tractate Makkot. (See Mishneh Torah, Laws of Murderer and the Preservation of Life 5.)
And this commandment is observed at the time that Israel is on their Land and with the Sanhedrin of seventy-one [judges] sitting in their place that is prepared for them in Jerusalem to judge capital punishments. And if the courts of each and every place transgressed this and did not exile the inadvertent killer, they have violated this positive commandment, and their punishment is very great, because it is a cause for the [possible] spilling of blood.
מִצְוַת בֵּית דִּין לִשְׁלֹחַ מַכֵּה נֶפֶשׁ בִּשְׁגָגָה מֵעִירוֹ לְעָרֵי מִקְלָט וְעַל הָרוֹצֵחַ בְּעַצְמוֹ לָלֶכֶת שָׁם – שֶׁנִּצְטַוּוּ בֵּית דִּין שֶׁל יִשְׂרָאֵל לִשְׁלֹחַ מַכֵּה נֶפֶשׁ בִּשְׁגָגָה מֵעִירוֹ וּלְהוֹשִׁיבוֹ בְּעָרֵי מִקְלָט, שֶׁנֶּאֱמַר (במדבר לה כה) וְהֵשִׁיבוּ אֹתוֹ הָעֵדָה אֶל עִיר מִקְלָטוֹ וְגוֹ'. וְיָשַׁב בָּהּ עַד מוֹת הַכֹּהֵן הַגָּדֹל, וְגַם הַמַּכֶּה גַּם הוּא בִּכְלַל מִצְוַת עֲשֵׂה זוֹ, שֶׁנֶּאֱמַר עָלָיו (שם כח) כִּי בְעִיר מִקְלָטוֹ יֵשֵׁב עַד מוֹת הַכֹּהֵן הַגָּדֹל.
The commandment on the court to send one who smites a soul inadvertently from his city to the cities of refuge and upon the killer himself to go there: That the courts of Israel were commanded to send one who smites a soul inadvertently from his city and restore him in the cities of refuge, as it is stated (Numbers 35:25), “and the community shall restore him to his city of refuge, etc. and there he shall remain until the death of the high priest.” And also the smiter, he too, is included in this positive commandment, as it is stated about him (Numbers 35:28), “For he shall dwell in his city of refuge until the death of the high priest.”
מִשָּׁרְשֵׁי הַמִּצְוָה. לְפִי שֶׁעֲוֹן הָרְצִיחָה חָמוּר עַד מְאֹד, שֶׁבָּהּ הַשְׁחָתַת הָעוֹלָם, עַד שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (רמב"ם רוצח ד ט), שֶׁהַהוֹרֵג נֶפֶשׁ בְּמֵזִיד, אֲפִלּוּ עָשָׂה כָּל הַמִּצְוֹת אֵינוֹ נִצָּל מִן הַדִּין, שֶׁנֶּאֱמַר (משלי כח יז) אָדָם עָשֻׁק בְּדַם נָפֶשׁ עַד בּוֹר יָנוּס אַל יִתְמְכוּ בוֹ. וְלָכֵן רָאוּי לְמִי שֶׁהָרַג אֲפִלּוּ שׁוֹגֵג, מִכֵּיוָן שֶׁבָּאת תַּקָּלָה גְּדוֹלָה כָּזוֹ עַל יָדוֹ שֶׁיִּצְטַעֵר עָלֶיהָ צַעַר גָּלוּת שֶׁשָּׁקוּל כִּמְעַט כְּצַעַר מִיתָה שֶׁנִּפְרַד הָאָדָם מֵאוֹהֲבָיו וּמֵאֶרֶץ מוֹלַדְתּוֹ, וְשׁוֹכֵן כָּל יָמָיו עִם זָרִים. וְעוֹד יֵשׁ תִּקּוּן הָעוֹלָם בַּמִּצְוָה, כְּמוֹ שֶׁבֵּאֵר הַכָּתוּב, שֶׁיִּנָּצֵל עִם זֶה מִיַּד גּוֹאֵל הַדָּם לְבַל יַהַרְגֶנּוּ עַל לֹא חָמָס בְּכַפָּיו שֶׁהֲרֵי שׁוֹגֵג הָיָה. וְעוֹד תּוֹעֶלֶת בַּדָּבָר, לְבַל יִרְאוּ קְרוֹבֵי הַמַּכֶּה אֶת הָרוֹצֵחַ לְעֵינֵיהֶם תָּמִיד בַּמָּקוֹם שֶׁנֶּעֶשְׂתָה הָרָעָה, וְכָל דַּרְכֵי הַתּוֹרָה נֹעַם.
It is from the roots of the commandment [that] since the iniquity of killing is very weighty, as the destruction of the world [comes] through it, to the point that they, may their memory be blessed, said (Mishneh Torah, Laws of Murderer and the Preservation of Life 4:9) that one who kills a soul volitionally — even if he did all of the [other] commandments — is not saved from judgment, as it is stated (Proverbs 28:17), “A man oppressed by bloodguilt will flee to a pit; let none give him support”; therefore it is fitting for one who killed, that since such a great mishap as this came through his hand, that he should endure the pain of exile for it, which is almost equal to the pain of death — as a person is separated from his friends, and from his birthplace and [instead] dwells with strangers all of his days. And there is also benefit to the world with the commandment — as Scripture elucidates — since he will be saved from his blood avenger through this, such that he not kill him when he has no guilt on his hands; as behold, it was inadvertent. And there is another benefit in the thing, such that the relatives of the slain not see the slayer, the killer, regularly with their eyes in the place that the evil was done. And all ‘the ways of the Torah are pleasantness.’
וּמִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (גיטין ע, ב) שֶׁאֵין הָרוֹצֵחַ בִּשְׁגָגָה גּוֹלֶה, אֶלָּא אִם כֵּן מֵת הַנֶּהֱרָג לְשָׁעָה שֶׁהֲרָגוֹ, אֲבָל חָבַל בּוֹ אַף עַל פִּי שֶׁאֲמָדוּהוּ לְמִיתָה וְחָלָה וּמֵת אֵין זֶה גּוֹלֶה, שֶׁמָּא הוּא בְּעַצְמוֹ קֵרַב מִיתָתוֹ, אוֹ הָרוּחַ נִכְנְסָה בַּחַבּוּרָה וַהֲרָגַתּוּ, וַאֲפִלּוּ שָׁחַט בּוֹ שְׁנֵי סִימָנִים וְעָמַד מְעַט אֵינוֹ גּוֹלֶה עַל יָדוֹ.
And from the laws of the commandment is that which they, may their memory be blessed, said (Gittin 70b) that an inadvertent killer is only exiled if the one killed died at the time that he killed him. But if [the killer] injured him — even though they evaluated him to die and he got sick and died — such a one is not exiled, lest [the victim] brought his own death closer, or the wind entered into his wound and killed him. And even if [the killer cut] his two benchmarks (the esophagus and the trachea) but [the victim] remained alive a little, he is not exiled for this.
וּמָה שֶׁאָמְרוּ (מכות ח, ב) שֶׁיִּשְׂרָאֵל גּוֹלֶה, אִם רָצַח עֶבֶד אוֹ גֵּר תּוֹשָׁב, וְכָל שֶׁכֵּן עֶבֶד שֶׁהָרַג יִשְׂרָאֵל אוֹ גֵּר תּוֹשָׁב וְכֵן עֶבֶד שֶׁהָרַג עֶבֶד אוֹ גֵּר תּוֹשָׁב, שֶׁנֶּאֱמַר "וְהָיְתָה לִבְנֵי יִשְׂרָאֵל לְחֻקַּת מִשְׁפָּט וְלַגֵּר הַגֵּר בְּתוֹכְכֶם". אֲבָל גֵּר תּוֹשָׁב שֶׁהָרַג אֶת יִשְׂרָאֵל, בֵּין מֵזִיד בֵּין שׁוֹגֵג נֶהֱרָג עָלָיו, וְגוֹי שֶׁהָרַג אֶת הַגּוֹי אֵין עָרֵי מִקְלָט קוֹלְטִין אוֹתוֹ. וּמָה שֶׁאָמְרוּ (שם, א) שֶׁהַבֵּן גּוֹלֶה עַל רְצִיחַת אָבִיו. וְהָאָב בִּרְצִיחַת הַבֵּן, וּבַמֶּה דְּבָרִים אֲמוּרִים שֶׁלֹּא בִּשְׁעַת לִמּוּד, אֲבָל בִּשְׁעַת לִמּוּד וְהוּא שׁוֹגֵג, שֶׁכַּוָּנָתוֹ הָיְתָה לְלַמְּדוֹ וּלְהוֹעִיל לוֹ בְּחָכְמָה אוֹ בְּאֻמָּנוּת פָּטוּר מִגָּלוּת, וְכֵן הָרַב אֶת תַּלְמִידוֹ כְּמוֹ כֵן. וּמָה שֶׁאָמְרוּ (שם י, א) שֶׁתַּלְמִיד שֶׁגָּלָה מַגְלִין אֶת רַבּוֹ עִמּוֹ, שֶׁנֶּאֱמַר (דברים ד מב) וְנָס אֶל אַחַת מִן הֶעָרִים הָאֵל וָחָי. וְדָרְשׁוּ זִכְרוֹנָם לִבְרָכָה (שם) עֲשׂוּ לוֹ כְּדֵי שֶׁיִּחְיֶה, וְהַחָכְמָה תְּחַיֶּה אֶת בְּעָלֶיהָ (קהלת ז יב). וְדִין אִשָּׁה וְעֶבֶד וְשִׁפְחָה שֶׁגָּלוּ אִם חַיָּב הַבַּעַל אוֹ הָרַב בִּמְזוֹנוֹתָם שָׁם, וְדִין רוֹצֵחַ שֶׁמֵּת קֹדֶם שֶׁיִּגְלֶה שֶׁמּוֹלִיכִין עַצְמוֹתָיו לְשָׁם, וְדִין רוֹצֵחַ שֶׁהָרַג בְּעִיר מִקְלָטוֹ, וְכֵן [בֶּן] לֵוִי שֶׁהָרַג בִּמְדִינָתוֹ, וְדִין אֵי זֶהוּ שׂוֹנֵא שֶׁנֶּאֱמַר עָלָיו כִּי בְּאֵיבָה הֲרָגוֹ. וְדִין מָה שֶׁאָמְרוּ (שם ז, ב) שֶׁכָּל שֶׁהָרַג נֶפֶשׁ בְּדֶרֶךְ יְרִידָה גּוֹלֶה, וַאֲפִילּוּ עֲלִיָּה שֶׁהִיא צֹרֶךְ יְרִידָה, וְכָל שֶׁבְּדֶרֶךְ עֲלִיָּה אֵינוֹ גוֹלֶה, וַאֲפִלּוּ בִּירִידָה שֶׁהִיא צֹרֶךְ עֲלִיָּה, וְדִין רוֹצֵחַ שֶׁרָצוּ בְּנֵי עִיר מִקְלָט לְכַבְּדוֹ, שֶׁחַיָּב לוֹמַר רוֹצֵחַ אֲנִי, וְאִם אָמְרוּ (לוֹ) אַף עַל פִּי כֵן מֻתָּר לְקַבֵּל, וְדִין מִזְבֵּחַ שֶׁקּוֹלֵט כְּמוֹ עִיר מִקְלָט רוֹצֵחַ בִּשְׁגָגָה, וְדַוְקָא גַּגּוֹ וּבְמִזְבַּח בֵּית עוֹלָמִים, וְדַוְקָא כֹּהֵן וַעֲבוֹדָה בְּיָדוֹ אֲבָל לֹא אַחֵר, וְלֹא הָיוּ מַנִּיחִין אוֹתוֹ שָׁם אֶלָּא לְשָׁעָה, וְאַחַר כָּךְ מוֹסְרִין לוֹ שׁוֹמְרִין וּמוֹלִיכִין אוֹתוֹ לְעִיר מִקְלָטוֹ, וּבַמֶּה דְּבָרִים אֲמוּרִים? בִּמְחֻיְּבֵי גָּלוּת מִן הַדִּין, אֲבָל מִי שֶׁפָּחַד מִן הַמֶּלֶךְ שֶׁלֹּא יַהַרְגֶנּוּ בְּהוֹרָאַת שָׁעָה וּבָרַח לַמִּזְבֵּחַ וְנִסְמַךְ, וַאֲפִלּוּ הוּא זָר הֲרֵי זֶה נִצָּל, וְאֵין לוֹקְחִין אוֹתוֹ מֵעַל הַמִּזְבֵּחַ לְעוֹלָם, כֵּן רָאִיתִי שֶׁכָּתַב הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה. וְיֶתֶר פְּרָטֶיהָ, מְבֹאָרִים בְּמַסֶּכֶת מַכּוֹת [הלכות רוצח פ"ה].
And [also] that which they said (Makkot 8b) that an Israelite is exiled if he killed a slave or a resident alien; and, all the more so, a slave who killed an Israelite or a resident alien, or a slave who killed a slave, or a resident alien [who killed a slave or a resident alien], as it is stated, “and it shall be for the Children of Israel a statute of judgment, and for the stranger that lives among you.” But a resident alien that kills an Israelite — whether volitionally or inadvertently — is killed for it; and a gentile that kills a gentile is not sheltered by the cities of refuge. And [also] that which they said (Makkot 8a), that a son is exiled for the killing of his father and a father is exiled for the killing of his son, and about what are these words speaking — not at the time of learning, but at the time of learning, [if it was] inadvertent as his intention was to teach him and to benefit him with wisdom or with a trade, he is exempt from exile. And so [too,] a teacher with his student likewise. And [also] that which they said (Makkot 10a) that a student that is exiled, his teacher is exiled with him, as it is stated (Deuteronomy 4:42), “he shall flee to one of these cities and live” — and they, may their memory be blessed, expounded (Makkot 10a), [that] they should do for him [what is needed] that he should live, and “wisdom gives life to he who possesses it” (Ecclesiastes 7:12). And the law of whether a husband or master must pay for the sustenance of a wife, a male slave or a maid-servant who has been exiled there; the law of a killer who died before he was exiled, that we bring his bones there; the law of a killer who killed in his city of refuge, and so [too,] a Levite who killed in his city; the law of who is a hater, about whom it is stated that he killed him with enmity, the law of what they said (Makkot 7b) that anyone who kills a soul with a downward motion is exiled, and even an upward motion for the sake of a downward motion, and anyone with an upward motion is not exiled, and even a downward motion for the sake of an upward motion; the law of a killer that the people of the city of refuge want to honor, that he is obligated to say, “I am a killer,” and if they say (to him), “Nonetheless,” it is permissible for him to accept [it]; the law of the altar that it shelters an inadvertent killer like a city of refuge, but only its top and with the altar of the Eternal House, and only a priest with the service in his hand, but not someone else, and they would only allow him there for a short time and afterwards they would give him bodyguards and take him to his city of refuge, and about what are these words speaking, about one of those legally liable for exile, but one who was afraid of the king that he not kill him through a provisional ruling and [so] escaped to the altar and placed [himself on it] is saved, and even if he is [not a priest], and we do not ever take him off of the altar, so did I see that Rambam, may his memory be blessed, wrote. And the rest of its details are elucidated in Tractate Makkot. (See Mishneh Torah, Laws of Murderer and the Preservation of Life 5.)
וְנוֹהֶגֶת מִצְוָה זוֹ, בִּזְמַן שֶׁיִּשְׂרָאֵל עַל אַדְמָתָן וּבְסַנְהֶדְרִין שֶׁל שִׁבְעִים וְאֶחָד יוֹשְׁבִין בִּמְקוֹמָן הַמּוּכָן לָהֶם בִּירוּשָׁלַיִם לָדוּן דִּינֵי נְפָשׁוֹת. וְאִם עָבְרוּ עַל זֶה בֵּית דִּין שֶׁבְּכָל מָקוֹם וּמָקוֹם וְלֹא הִגְלוּ הָרוֹצֵחַ בִּשְׁגָגָה בִּטְּלוּ עֲשֵׂה זֶה וְעָנְשָׁם גָּדוֹל מְאֹד, לְפִי שֶׁהוּא סִבָּה לִשְׁפִיכוּת דָּמִים.
And this commandment is observed at the time that Israel is on their Land and with the Sanhedrin of seventy-one [judges] sitting in their place that is prepared for them in Jerusalem to judge capital punishments. And if the courts of each and every place transgressed this and did not exile the inadvertent killer, they have violated this positive commandment, and their punishment is very great, because it is a cause for the [possible] spilling of blood.