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258 Asylum

THE JEWISH ENCYCLOPEDIA

Atarah

that the cities of refuge are not dependent on the existence of the Temple).

Changed political conditions, it is true, occasioned a modification also in the location of the cities of refuge. The country east of the Jordan was in later times no longer looked upon as Israelite territory; nor could Shechem (Sebaste), the seat of the Samaritans, or the Idumean Hebron which even after its capture by Judas Maccabeus was not really a Jewish city be considered a city of refuge. It was therefore resolved, and perhaps also partly carried out, that not only the six cities of refuge named in the Bible could be regarded as asylums, but al.so all the forty-eight Levitical Cities cities enumerated in I Chron. vi. 39-66 of Refuge. (A. V. 54-81). The difference between the six cities expressly mentioned in the Bible and these forty-eight cities lay in the fact that the Levitical cities could be used as asylums only with the consent of the inhabitants (T)])!?, Mak. 10a is to be explained this way, not as Rashi has it compare Jastrow, " Dictionary," «.»., where several examples are given of this meaning of the word njn), while the cities of refuge always afforded protection. Nor did these six cities of refuge always need to remain the same as designated in the Biblical law; others might be substituted, provided the number were kept up, and their situation conformed to the Biblical law with regard to distances and geograph-

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ical relations (Tosef.,

Mak.

iii. [ii.J

4).

For instance,

the distance between the southern boundary of Palestine and its nearest city of refuge was exactly the same as that between the northern boundary and the city of refuge nearest to it, and the same distance was maintained between every northern and southern city of refuge and those lying between, so that they were evenly distributed over the country and It is even asserted (Tosef., Mak. iii. easily reached. [ii.] 2; Sifre, Deut. 180) that the cities of refuge on the east of the Jordan and those on the west were parallel to each other an assertion that does not exactly conform to the facts. Corresponding to the care for the proper location of these cities were the other ordinances referring to them. The roads leading to them were marked by sign-posts at the crossroads, with the inscription " Miklat " (Refuge) the roads were very broad 82 smooth and level, ells, twice the regulation width in order that the fugitive might not be hindered in any way (Sifre I.e. Tosef. I.e. 5; Mak. 10S; B. B. The cities chosen must be neither too small 100b). nor too large in the former case a scarcity of food might arise, and the refugee might consequently be forced to leave his Asylum and imperil himself in the latter case the crowds of strangers would make it easy for the avenger of blood to enter undetected. There were other measures of precaution in favor Dealing in weapons or implements of the refugee. of the chase was forbidden in the cities of refuge. Furthermore they had to be situated in a populous district, so that a violent attack by the avenger of blood might be repelled, if necessary (Sifre, Num.

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159; Tosef.,

Mak.

I.e.

8;

Mak.

10a).

Besides the six cities of refuge mentioned in the Bible and the forty-eight Levitical cities, the rabbinic law, basing upon Ex. xxi. 14, also recognized

258

the altar as an Asylum, although only for the officiating priest who had accidentally committed manslaughter; but compare Yer. Mak. ii. 3d, where R. Johanan denies that the altar can afford protection. The priest could not remain at the altar, however, but had to be taken to a city of refuge (Mak. 12a). The altar according to the Talmud only the one at Jerusalem afforded in a way more protection than the cities of refuge since a political refugee became inviolable as soon as he had touched the altar (Mai-

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monides, "Yad," Rozeah, v. 14, probably after an old source, based on I Kings ii. 28, that, however, is not found in extant literature). The rabbinical law concerning Asylum devotes much space to an exact determination of the cases in which the Asylum shall offer protection to the manslayer, and of those in which he must flee to and remain in it. Deliberate murder is of course excluded: that crime can be atoned Unprefor only by the blood of the murderer, meditated The following three grades are distinHomicide, guished in unpremeditated homicide Accident. (1) grave carelessness (2) contributory negligence; and (3) complete innoOnly in the second case is exile to the cities cence. Complete innocence that is, of refuge prescribed. a mere accident or an extraordinary occurrence that could not be foreseen needs no atonement; but grave carelessness is not sufficiently punished by such exile. The Talmud gives many examples illustrating these grades of homicide, among them the following

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" Any one who neglects the necessary precautions in a courtyard or a shop, so that a person entitled to admittance there is killed, can not atone by going to the city of refuge [i.e., banishment is not sufficient] (B. K. 326) ; but if he who was killed was a trespasser and had no right in such a court or shop, the owner goes free, as he can not be held responsible for accidents on his private property when he did not anticipate the possible presence of strangers " (Mak. ii. 2, to).

Next to the cases of innocence that do not require atonement are those where death has been occasioned

A

in the course of professional or other duties. teacher punishing his pupil, a father compelling

the obedience of his son in learning a trade or in attending to the study of the Law, a servant of the Law scourging an offender according to the instructions he has received (Deut. xxv. 2 et seg.), are not banished to the city of refuge in case the person disciplined should die under their hands for they were but fulfilling a duty incumbent upon them (Mak. ii. Only in such cases as those mentioned 2, 8a et seg.). in Deut. xix. 4 et seg. where one negligently commits homicide during an act that is permissible but not commanded by law, does an atonement become nec;

,

essary.

Although many of the rabbinical ordinances

re-

garding the asylums are directed chiefly to securing protection for the refugee, the Asylum is, nevertheaccording to the rabbinical law, not a place of protection, but one of expiation. If the homicide

less,

die after receiving his sentence, but before reaching the city of refuge, his body must be taken there. If he die before the high priest he must also be buried there until after the high priest's death. Asylum ("galut"= exile) and death of the high priest have together the atoning power (" kapparah ") which