The Mishnah outlines the cities of refuge and the mechanics of protection for the inadvertent killer. It distinguishes between different cases of exile and teaches the practical social role of the arei miklat.
רַבִּי יוֹסֵי בַּר יְהוּדָה אוֹמֵר, בַּתְּחִלָּה, אֶחָד שׁוֹגֵג וְאֶחָד מֵזִיד מַקְדִּימִין לְעָרֵי מִקְלָט, וּבֵית דִּין שׁוֹלְחִין וּמְבִיאִין אוֹתוֹ מִשָּׁם. מִי שֶׁנִּתְחַיֵּב מִיתָה בְּבֵית דִּין, הֲרָגוּהוּ. וְשֶׁלֹּא נִתְחַיֵּב מִיתָה, פְּטָרוּהוּ. מִי שֶׁנִּתְחַיֵּב גָּלוּת, מַחֲזִירִין אוֹתוֹ לִמְקוֹמוֹ, שֶׁנֶּאֱמַר (במדבר לה) וְהֵשִׁיבוּ אֹתוֹ הָעֵדָה אֶל עִיר מִקְלָטוֹ וְגוֹ'. אֶחָד מָשׁוּחַ בְּשֶׁמֶן הַמִּשְׁחָה וְאֶחָד הַמְרֻבֶּה בִבְגָדִים וְאֶחָד שֶׁעָבַר מִמְּשִׁיחָתוֹ, מַחֲזִירִין אֶת הָרוֹצֵחַ. רַבִּי יְהוּדָה אוֹמֵר, אַף מְשׁוּחַ מִלְחָמָה מַחֲזִיר אֶת הָרוֹצֵחַ. לְפִיכָךְ אִמּוֹתֵיהֶן שֶׁל כֹּהֲנִים מְסַפְּקוֹת לָהֶן מִחְיָה וּכְסוּת, כְּדֵי שֶׁלֹּא יִתְפַּלְּלוּ עַל בְּנֵיהֶם שֶׁיָּמוּתוּ. מִשֶּׁנִּגְמַר דִּינוֹ מֵת כֹּהֵן גָּדוֹל, הֲרֵי זֶה אֵינוֹ גוֹלֶה. אִם עַד שֶׁלֹּא נִגְמַר דִּינוֹ מֵת כֹּהֵן גָּדוֹל וּמִנּוּ אַחֵר תַּחְתָּיו, וּלְאַחַר מִכֵּן נִגְמַר דִּינוֹ, חוֹזֵר בְּמִיתָתוֹ שֶׁל שֵׁנִי: נִגְמַר דִּינוֹ בְלֹא כֹהֵן גָּדוֹל, הַהוֹרֵג כֹּהֵן גָּדוֹל, וְכֹהֵן גָּדוֹל שֶׁהָרַג, אֵינוֹ יוֹצֵא מִשָּׁם לְעוֹלָם. וְאֵינוֹ יוֹצֵא לֹא לְעֵדוּת מִצְוָה וְלֹא לְעֵדוּת מָמוֹן וְלֹא לְעֵדוּת נְפָשׁוֹת. וַאֲפִלּוּ יִשְׂרָאֵל צְרִיכִים לוֹ, וַאֲפִלּוּ שַׂר צְבָא יִשְׂרָאֵל כְּיוֹאָב בֶּן צְרוּיָה, אֵינוֹ יוֹצֵא מִשָּׁם לְעוֹלָם, שֶׁנֶּאֱמַר (במדבר לה) אֲשֶׁר נָס שָׁמָּה, שָׁם תְּהֵא דִירָתוֹ, שָׁם תְּהֵא מִיתָתוֹ, שָׁם תְּהֵא קְבוּרָתוֹ. כְּשֵׁם שֶׁהָעִיר קוֹלֶטֶת, כָּךְ תְּחוּמָהּ קוֹלֵט. רוֹצֵחַ שֶׁיָּצָא חוּץ לַתְּחוּם וּמְצָאוֹ גוֹאֵל הַדָּם, רַבִּי יוֹסֵי הַגְּלִילִי אוֹמֵר, מִצְוָה בְיַד גּוֹאֵל הַדָּם, וּרְשׁוּת בְּיַד כָּל אָדָם. רַבִּי עֲקִיבָא אוֹמֵר, רְשׁוּת בְּיַד גּוֹאֵל הַדָּם, וְכָל אָדָם אֵין חַיָּבִין עָלָיו. אִילָן שֶׁהוּא עוֹמֵד בְּתוֹךְ הַתְּחוּם וְנוֹפוֹ נוֹטֶה חוּץ לַתְּחוּם, אוֹ עוֹמֵד חוּץ לַתְּחוּם וְנוֹפוֹ נוֹטֶה לְתוֹךְ הַתְּחוּם, הַכֹּל הוֹלֵךְ אַחַר הַנּוֹף. הָרַג בְּאוֹתָהּ הָעִיר, גּוֹלֶה מִשְּׁכוּנָה לִשְׁכוּנָה. וּבֶן לֵוִי, גוֹלֶה מֵעִיר לְעִיר:
Rabbi Yosei bar Yehuda says: Initially, either one who killed another unintentionally or one who killed another intentionally would hurry and flee to the cities of refuge, and the court in his city would send for him and would bring him from there to stand trial. For one who was found liable to receive the death penalty in court for intentional murder, the court would execute him, and for one who was not found liable to receive the death penalty, e.g., if they deemed that the death occurred due to circumstances beyond his control, they would free him. For one who was found liable to be exiled, the court would restore him to his place in the city of refuge, as it is stated: “And the congregation shall judge between the murderer and the blood redeemer…and the congregation shall restore him to his city of refuge, that he fled there” (Numbers 35:24–25), indicating that he had been in a city of refuge before his trial. The Torah states that an unintentional murderer is required to remain in the city of refuge to which he fled until the death of the High Priest. The mishna elaborates: With regard to High Priests, who were appointed in several different manners, one anointed with the anointing oil, which was the method through which High Priests were consecrated until the oil was sequestered toward the end of the First Temple period; and one consecrated by donning multiple garments, the eight vestments unique to the High Priest, which was the practice during the Second Temple period; and one who received a temporary appointment due to the unfitness of the serving High Priest, who departed from his anointment with the restoration of the serving High Priest to active service, their deaths facilitate the return of the murderer from the city of refuge to his home. Rabbi Yehuda says: Even the death of a priest anointed for war to address the soldiers (see Deuteronomy 20:1–7) facilitates the return of the murderer. The mishna continues: Therefore, the mothers of High Priests would provide those exiled to cities of refuge with sustenance and garments so that they would not pray that their sons would die. The more comfortable their lives in the city of refuge, the less urgency they would feel to leave, and the less likely it would be that they would pray for the death of the High Priests. If, after the unintentional murderer’s verdict was decided and he was sentenced to exile, the High Priest died, he is not exiled, as the death of the High Priest exempts him from exile. If it was before his verdict was decided that the High Priest died and they appointed another in his place, and thereafter his verdict was decided, he returns from exile with the death of the second High Priest. If the verdict of a murderer was decided at a time when there was no High Priest, and likewise in the cases of one who unintentionally killed a High Priest and in the case of a High Priest who killed unintentionally, the unintentional murderer never leaves the city of refuge. And one who is exiled may not leave the city at all, either for testimony relating to a mitzva, or for testimony relating to monetary matters, or for testimony relating to capital matters. And even if the Jewish people require his services, and even if he is the general of the army of Israel like Joab ben Zeruiah, he never leaves the city of refuge, as it is stated: “And the congregation shall restore him to his city of refuge, that he fled there” (Numbers 35:25), from which it is derived: There shall be his dwelling, there shall be his death, there shall be his burial. The mishna continues: Just as an unintentional murderer is admitted to the city of refuge, so is he admitted to its outskirts, located within the Shabbat boundary. Once he entered the outskirts of the city, the blood redeemer may not kill him. In a case where a murderer emerged beyond the Shabbat boundary of the city of refuge and the blood redeemer found him there, Rabbi Yosei HaGelili says: It is a mitzva for the blood redeemer to kill him, and it is optional for every other person to do so. Rabbi Akiva says: It is optional for the blood redeemer, and every other person is liable for killing him. The previous mishna teaches that the halakhic status of the outskirts of the city is like that of the city itself in terms of the unintentional murderer being provided refuge there. The mishna adds: With regard to a tree that stands within the Shabbat boundary of a city of refuge, whose boughs extend outside the boundary, or a tree that stands outside the boundary and its boughs extend inside the boundary, the status of the tree, whether it is considered inside or outside the boundary, in all cases follows the boughs. If an unintentional murderer, exiled to a city of refuge, unintentionally killed a person in the same city, he is exiled from that neighborhood where he resided to another neighborhood within that city. And a Levite who is a permanent resident of a city of refuge and unintentionally killed a person is exiled from that city to another city.