Makkos 2:2-3

Makkos 2:2

If a person throws a stone into the public domain and kills someone, he is exiled. Rabbi Eliezer ben Yaacov says that if, after the stone left his hand, the other person stuck his head out (of a window) and was hit, the one who threw it is not exiled. If he threw the stone into his own courtyard and killed someone, then if the victim had permission to be there, the one who threw the stone is exiled, but if not, then he is not exiled. This is derived from Deuteronomy 19:5, “Like when a person goes into the forest with his neighbor” – cases must resemble the case of a forest in that the victim (and the victimizer) must both be permitted to be there. When it comes to a private courtyard, the victim and the victimizer are not permitted to be there. Abba Shaul says that cases must resemble cutting trees in that it is an optional activity (as opposed to a mitzvah). This exclude an accidental death caused by a father striking his son, a teacher disciplining a student and an officer of the court (administering punishment).

Makkos 2:3

A father can be exiled for the accidental death his son (albeit not for disciplining him, as seen in the previous mishna), and vice versa. Everyone is exiled for the accidental death of a Jew, and he for them, with the exception of a resident alien (ger toshav); a ger toshav is only exiled for causing the accidental death of another ger toshav. Rabbi Yehuda says that a blind person is not exiled but Rabbi Meir says that he is. One’s enemy is not subject to exile (which is only the penalty for killing without malice); Rabbi Yosi bar Yehuda says that one’s enemy is executed for his death because he is considered already warned. Rabbi Shimon says that some types of enemy are exiled and some kinds of enemy are not exiled. The general principle is that if it could be that the death was caused intentionally, then he is not exiled, but if it was clearly accidental, he is exiled.