2. On this basis R. Yose b. R. Judah taught: **[Originally,]**²⁴². one who kills a person— whether unwittingly or intentionally— they all rush to the cities of refuge. The court sends for them and brings them from there.

footnotes: ²⁴² So M. Mak.2:6. Sifre and Sifre Nu., 160 agree against the Mishnah in deleting bari’shonah

They would execute **the one found guilty of murder,**²⁴³

“Then the elders of his city will send for him and take him from there and give him into the hands of the blood-avenger, and he shall die” (Dt. 19:12).

footnotes: ²⁴³ //M. Mak.2:6; cf. Sifre Nu. 160.

But they would release the one found innocent of murder.

“Then the council will spare the unwitting killer from the blood-avenger” (Nu. 35:25). ²⁴⁴

footnotes: ²⁴⁴ Cf. T. Sotah 5:11.

The one sentenced to expulsion is returned to his residence, as it is said; “And the council shall return him to the city of his refuge **where he had fled” (Nu. 35:25)**²⁴⁵

footnotes: ²⁴⁵ //M.Mak.2:6.

3. Rabbi says: if an [intentional] killer is expelled to a city of refuge, and thinks that the city will offer him refuge as it would an unwitting killer, then the elders of the city must send for him and bring him from there,

“Then the elders of his city will send for him . . .

and give him into the hands of the blood-avenger, **and he shall die” (Dt. 19:12).**²⁴⁶ “And he shall die by the hand of the blood-avenger” (Dt. 19:12). How do I know that if he doesn’t die by the hand of the blood-avenger, he shall die by the hand of anyone else?

“Have no pity on him, **so that you may expunge the spilling of innocent blood in Israel” (Dt. 19:13).**²⁴⁷

footnotes: ²⁴⁶ Cf. Sifre Num, 160, s.v., rabi ‘omer.. ²⁴⁷ //M.Mak.2:7.

Might you say that since the victim is already dead, why should we make ourselves liable for the blood of his killer?

“So that you may expunge the spilling of innocent blood in Israel” (Dt. 19:13)— **that is, expunge the evil-doers from Israel.**²⁴⁸ 86.2.

footnotes: ²⁴⁸ Cf. Sifre Num, 160; cf. T. Mak.3:7 and Pisqa’