Pisqa’ 182²²⁴

1. “When he goes into the forest with his kinsman” (Dt. 19:5) [and an accidental death results,]— just as a forest affords both the injured and the injurer equally free access, [where each party is responsible for his own safety,] so, too, any place which affords to the injured and the injurer equally free access [imposes upon each party responsibility for his own safety]. This precludes application of the rule [of the unwitting killer] to [an accidental death in] a householder’s courtyard, for it does not afford to the injured and the injurer **equally free access.**²²⁵

footnotes: ²²⁴ H:205; JN2:63-65. ²²⁵ =M. Mak.2:2. The injured party must receive permission from the householder to be in the latter’s courtyard.

2. “To chop wood” (Dt. 19:5).

Just as wood-chopping, is an optional act [that may result in an accidental death], so, too, any optional act [resulting in an accidental death releases the injuring party from the charge of murder]. This excludes from our rule the father who [inadvertently] beats his son to death [since disciplining the son is not optional], the master who [inadvertently] whips his disciple to death [while disciplining him], or an agent of the court [who accidentally kills a prisoner **while administering lashes].**²²⁶, 4. In each case, the death was caused by a well-intentioned, but misapplied, desire to fulfill the commandment to administer corporal punishment.

footnotes: ²²⁶ =M. Mak.2:2; //T. Mak.2:5, cf. Mechilta Ishmael, neziqin