Rav Chisda and Divine Judgment

Yalkut Shimoni on Torah 787:18

There shall be cities of refuge. I only have that they accept in the land, but how do I know that they also accept outside the land? The verse states: "There shall be." When the people of Transjordan came to the land of Canaan, I might have thought they should count six cities there. Therefore, the verse states: "You shall give three cities beyond the Jordan" (Numbers 35:14). When the people of the land of Canaan came to Transjordan, I might have thought they should also count six cities there. Therefore, the verse states: "You shall give three cities in the land of Canaan" (Numbers 35:14). For I have said that if their sword is rebuilt, others will be established in their place, and the first ones will not return to their original place. From now on, the verse states: "There shall be six cities of refuge" (Numbers 35:13), indicating that the second ones return to their original place. It is written: "And to the resident alien and to the settler among them, they shall be cities of refuge for you" (Numbers 35:15). And it is written: "For you, as a refuge, they shall be" (Numbers 35:12). This is not difficult: Here, it refers to a resident alien or settler who killed a resident alien or settler. Here, it refers to a resident alien or settler who killed an Israelite. And they raised a dilemma: Therefore, a resident alien and an inadvertent killer, when they are killed, are included. The teaching is comparing a resident alien to an inadvertent killer. Just as an inadvertent killer is not treated differently whether he killed a relative or someone unrelated, he is still subject to punishment. So too, a resident alien is not treated differently whether he killed a relative or someone unrelated, he is still subject to punishment. Rav Chisda said: This is not difficult. Here, when he killed through descent, since an Israelite is exiled, he is also exiled. There, when he killed through ascent, since an Israelite is exempt, he is put to death. Rava said to him: Is it not all the more reasonable to say that even when he killed through descent, since an Israelite is exiled, he is put to death in exile? There, when he killed through ascent, since an Israelite is exempt, he is put to death. Rather, Rava said: In the case of one who says "permitted," Abaye said to him: He is considered an inadvertent killer. Abaye said to him: I say that when one says "permitted," he is an unwitting transgressor. Abaye said to him: I am different because I say that when one says "permitted," he is close to acting intentionally.

Themes