Pisqa’ 182224H:205; JN2:63-65. 1. “When he goes into the forest with his kinsman” (Dt.19:5) [and an accidental death results,]— just as a forest affords both the injured and the injurer equally free access, [where each party is responsible for his own safety,] so, too, any place which affords to the injured and the injurer equally free access [imposes upon each party responsibility for his own safety]. This precludes application of the rule [of the unwitting killer] to [an accidental death in] a householder’s courtyard, for it does not afford to the injured and the injurer equally free access.225=M. Mak.2:2. The injured party must receive permission from the householder to be in the latter’s courtyard.
2. “To chop wood” (Dt.19:5). Abba Saul says: Just as wood-chopping, is an optional act [that may result in an accidental death], so, too, any optional act [resulting in an accidental death releases the injuring party from the charge of murder]. This excludes from our rule the father who [inadvertently] beats his son to death [since disciplining the son is not optional], the master who [inadvertently] whips his disciple to death [while disciplining him], or an agent of the court [who accidentally kills a prisoner while administering lashes].226=M. Mak.2:2; //T. Mak.2:5, cf. Mechilta Ishmael, neziqin, 4. In each case, the death was caused by a well-intentioned, but misapplied, desire to fulfill the commandment to administer corporal punishment.
(דברים יט ה) וַאֲשֶׁר יָבֹא אֶת רֵעֵהוּ בַּיַּעַר, מָה יַּעַר, רְשׁוּת לַנִּזָּק וְלַמַּזִּיק לִכָּנֵס שָׁם – אַף כָּל שֶׁהוּא רְשׁוּת לַנִּזָּק וְלַמַּזִּיק לִכָּנֵס לְשָׁם. יָצָאת חֲצַר שֶׁל בַּעַל הַבַּיִת שֶׁאֵין רְשׁוּת לַנִּזָּק וְלַמַּזִּיק לִכָּנֵס שָׁם.
Pisqa’ 182224H:205; JN2:63-65.
1. “When he goes into the forest with his kinsman” (Dt.19:5)
[and an accidental death results,]—
just as a forest affords both
the injured and the injurer
equally free access,
[where each party is responsible
for his own safety,]
so, too, any place
which affords to the injured and the injurer
equally free access
[imposes upon each party responsibility
for his own safety].
This precludes application of the rule
[of the unwitting killer]
to [an accidental death in] a householder’s courtyard,
for it does not afford to the injured and the injurer
equally free access.225=M. Mak.2:2. The injured party must receive permission from the householder to be in the latter’s courtyard.
לַחְטֹב עֵצִים, אַבָּה שָׁאוּל אוֹמֵר: מַה חֲטִיבַת עֵצִים רְשׁוּת – אַף כָּל שֶׁהוּא רְשׁוּת, יָצָא הָאָב הַמַּכֶּה אֶת בְּנוֹ, וְהָרַב הָרוֹדֶה אֶת תַּלְמִידוֹ, וּשְׁלִיחַ בֵּית דִּין.
2. “To chop wood” (Dt.19:5).
Abba Saul says:
Just as wood-chopping, is an optional act
[that may result in an accidental death],
so, too, any optional act
[resulting in an accidental death
releases the injuring party from the charge of murder].
This excludes from our rule
the father who [inadvertently]
beats his son to death
[since disciplining the son is not optional],
the master who [inadvertently]
whips his disciple to death
[while disciplining him],
or an agent of the court
[who accidentally kills a prisoner
while administering lashes].226=M. Mak.2:2; //T. Mak.2:5, cf. Mechilta Ishmael, neziqin, 4. In each case, the death was caused by a well-intentioned, but misapplied, desire to fulfill the commandment to administer corporal punishment.