If a man threw a stone into the public domain and killed a person, he goes into banishment; R. Eliezer b. Jacob says that if after the stone had left his hand another person put out his head and caught it, the thrower is exempt [from banishment]. If a man threw a stone into his [own] court and killed a person, then, if the victim had a right of entry there, the thrower goes into banishment, and if not, he does not go into banishment, because it is written: as when a man goeth into the wood with his neighbour to hew wood . . . what is [the nature of] the wood [referred to]? It is a domain accessible to the victim as to the slayer; even the same [law] obtains in every domain which is [equally] accessible to the victim and to the slayer; outside [this law] is the court of the householder where the victim has no right of entry. Abba Saul says: what is [the nature of] this hewing of wood [referred to]? It is an optional act; [even the same obtains in all voluntary acts]; outside [this law] is the father beating his son, or the master striking his pupil, or the commissioner of the court [administering the lash] |
מכות 2.2 |
The father goes into banishment for [the death of] his son, and the son
goes into banishment for [that of] his father. All go into banishment
for [the death of] an Israelite, and Israelites go into banishment on
their account, save for a sojourning-stranger, and a sojourning-stranger
goes into banishment for [another] sojourning-stranger. |
מכות 2.3 |
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