Makkot

R. Judah says: In the case of a cavern, follow its opening;1 in the case of a tree, follow the bough.2 Let us grant [that we may legitimately suppose] R. Judah to apply this principle3 to the [second] tithes, where it would lead to a more strict observance, thus: If the root is outside [the wall] and the bough overhangs inward, [he maintains that] just as the owner may not redeem the fruits [of the second tithe] under the bough4 so he may not redeem those at the root. And again, if the root is inside the wall and the bough overhangs outside, [he maintains that] just as he may not eat the fruits [of the second tithe] under the bough without first redeeming them, so he may not eat even those at the root without first redeeming them. But, take now the case of a city of refuge; the application [of the same principle] goes perfectly well where the root lies beyond the boundary and the bough overhangs inside: just as the avenger may not slay the manslayer at the bough, so he may not slay him at the root. But where the root is within and the bough extends beyond, are we to say that just as the avenger may slay him at the bough he may also slay him at the root?5 Surely he [the manslayer] stands within? — Said Raba: [It might be;] nobody would dispute, where he [the manslayer] stands at the root [within the boundary], that the avenger dare not slay him; nor [would anybody dispute], where he stands at the bough [outside] and the avenger can attack him by means of arrows or stones, that he may kill him.6 But difference of opinion may arise as to whether the root may be regarded as [some sort of] ladder for [getting on to the]7 bough. In this case, one master8 considers that [part of the] root as a [mere] ladder for the bough,9 while the other master10 holds that the root cannot be considered a ladder for the bough.11 R. Ashi says: What is the meaning of [the expression] ‘it entirely follows the bough’?12 It means, [follow] also the bough.13 MISHNAH. IF [WHILE A REFUGEE] HE SLEW [SOMEONE] IN THAT CITY [OF REFUGE] HE IS BANISHED FROM ONE QUARTER [THEREOF] TO ANOTHER;14 AND A LEVITE IS BANISHED FROM ONE CITY TO ANOTHER. GEMARA. Our Rabbis taught: [It is written:] Then I will appoint unto thee a place whither he may flee;15 [the words,] ‘then I will appoint unto thee’ imply, during thy life-time;16 ‘unto thee a place’ means, in your place;17 ‘whither he shall flee’ indicates that the Israelites sent slayers into banishment while yet in the wilderness. Whither did they send them into banishment? To the Levitical camp. From this text, they ruled that if a Levite slew someone he was banished from one province to another; and that if he went into banishment to his own [native] province18 it does afford him asylum. Said R. Aha the son of R. Ika: What is the Scriptural warrant [for this rule]? Because he shall abide in the city of his refuge.19 [which implies,] the city which has already afforded him shelter before. MISHNAH. SIMILARLY20 A MANSLAYER, IF ON HIS ARRIVAL AT THE CITY OF HIS REFUGE THE MEN OF THAT CITY WISH TO DO HIM HONOUR, SHOULD SAY TO THEM, ‘I AM A MANSLAYER!’ AND IF THEY21 SAY TO HIM, ‘NEVERTHELESS [WE WISH IT],’ HE SHOULD ACCEPT FROM THEM [THE PROFFERED HONOUR], AS IT IS SAID: ‘AND THIS IS THE WORD22 OF THE MANSLAYER.’23 vice versa, if it opens outside the city walls It is considered extra-mural, even though the whole subterranean cavity lies under the city within. the root follows the branches. (Cf, nn. 3 and 8.) The Mishnah of Ma'as. Sh., on the other hand, gives the view of the Rabbis. Cf, p. 85, n.1. consequently R. Kahana's suggestion that the Baraitha (second citation, like the main Mishnah) is R. Judah's view (in contrast to that of the Rabbis in the first citation) does not remove the difficulty felt at first, as it leaves us with a new difficulty. (beyond bounds). bough. The analogy consequently can be maintained. that where the root is without and the branch within, the manslayer finds protection even at the root. And the same applies to the second tithe. In other words we always adopt the stricter measure. quarter and he took refuge in another quarter of the same province. of an earlier Mishnah, Sheb. X, 8, where it effects a comparison. Others take it as connecting this Mishnah with the preceding, where it was indicated that a manslayer needs atonement by suffering, for instance, to be sent away from his town or district to another, and similarly he should abase himself when people wish to show him deference: he should tell them (sorrowfully), ‘I am a manslayer’. V. D.S.