Pisqa’ 183²²⁷

1. “And his hand wields the ax to cut down the tree” (Dt. 19:5). On this basis you can teach: if he intended to fell the tree, but it fell on a person, killing him— indeed, this one is expelled from his city

footnotes: ²²⁷ H:205-206; JN2: 64-65.

**[to the city of refuge].**²²⁸ “And the iron ax-head slipped from the wood” (Dt. 19:5)— that is, [from the wooden handle] wielded by the chopper.

**from the wood being chopped.**²²⁹ “And found his kinsman” (Dt. 19:5)— this refers to [a victim] already in [harm’s] way.

footnotes: ²²⁸ //T. Mak.2:1. ²²⁹ //T. Mak.2:6.

2. On this basis

[Where a person threw a stone in the public domain], if at the time the stone left his hand, someone stuck his head out of a window, and he took the blow— this stone-thrower is exempt [from the charge of murder].²³⁰

footnotes: ²³⁰ =M. Mak.2:2. 181.5

“He shall take refuge in one of these cities and live” (Dt. 19:5)— so that he needn’t be expelled from city to city.²³¹ 180.2

footnotes: ²³¹ Cf. Pisqa’

3. “Lest the blood-avenger pursue the unwitting killer” (Dt. 19:6)— the blood-avenger is responsible for pursuit.

“For his heart boiled in rage, yet he hadn’t hated him” (Dt. 19:7)— So, if he’d hated him, he wouldn’t be expelled from his city?²³² 181.5.

footnotes: ²³² //M. Mak.2:2. See also Pisqa’

“Either yesterday or the day before” (Dt. 19:7)— R. Judah says: Yesterday counts for two days; The day before makes it three

“Therefore, I command you, saying” (Dt. 19:7)— this clause cautions the court **to be vigilant [in applying the rule].**²³³ 171.1.

footnotes: ²³³ Cf. Pisqa’