Makkos 2:6-7
Makkos 2:6
Rabbi Yosi bar Yehuda said that originally both those who killed intentionally and those who killed unintentionally would go directly to the cities of refuge; the court would subsequently retrieve them for trial. One who was sentenced to death would be executed, one who was not sentenced to death would be released, and one who was sentenced to exile would be returned to the city of refuge as per Numbers 35:25, “the congregation shall return him to his city of refuge.” One who killed unintentionally was released from the city of refuge when the Kohein Gadol died; it made no difference whether the Kohein Gadol was inaugurated by being anointed or by being dressed in the additional garments, or even if he was no longer fit to serve. Rabbi Yehuda said that even the death of the kohein anointed for battle causes the accidental killer to be returned. Because of this, the mothers of the kohanim would send gifts of food and clothing to the cities of refuge so that the accidental killers would not pray for their sons to die. If the Kohein Gadol died after the killer’s sentence was passed (but before it was carried out), he is not exiled. If the Kohein Gadol died before the trial was completed and another Kohein Gadol was appointed to replace him, and then the trial was completed, he may leave the city of refuge when that second Kohein Gadol dies.
Makkos 2:7
If a person was sentenced to exile while there was no Kohein Gadol in office, or if the Kohein Gadol was the victim, or if the Kohein Gadol was the killer, he may never leave the city of refuge. He may not leave to testify for mitzvah purposes (like declaring the new month), nor in financial matters, nor in a capital offenses. Even if the nation needs him, even if he is the leader of the army like Yoav, he may never leave as per Numbers 35:25, “to there he has fled” – “there” will be his place of residence, of death and of burial. Just as the city of refuge provides protection, so do its boundaries. Let’s say that an accidental killer left the city limits and the deceased’s avenger found him. Rabbi Yosi HaGlili says it is the avenger’s obligation to execute the killer, while others are optionally permitted to do so; Rabbi Akiva says that the avenger is permitted, whiles others are (not permitted per se but are also) not liable for doing so. If a tree stands inside the city limits and its branches extend outside, or vice versa, everything follows the branches. If a person committed manslaughter within a city of refuge, he is exiled to a different quarter of the city (because he’s not allowed to leave); in the case of a Levi, he is exiled to another city (because Leviim were regular residents of the cities of refuge, not asylum seekers).