Makkot 11: Said vs. Said, Exceptions and Irregularities That Might End One's Exile

Before introducing a new Mishna, the rabbis note that there are two ways of saying "he said".  One is dabeir, which has a harsh connotation, and the other is amar, which has a more neutral connotation.  The rabbis suggest that different forms of this same word could suggest meaningful context.  They go on to discuss the last eight lines before Moshe Rabbeinu's death and even the proper way to prepare a Torah scroll (without sewn sinew, like tefilin).

The first new Mishna in today's daf teaches that a murderer is allowed to leave the city of refuge and return to town when the High Priest dies.  This is true regardless of whether the  High Priest is anointed with oil, wearing the extra garments of a High Priest, or once substituted for the High Priest.  This is why the mothers of the High Priest live in a city of refuge and take care of its people; they are worried that the people of that place might pray for their sons, the High Priests, to die.  

The Gemara discusses the possible meanings of this Mishna.  For example, they note that there is no guarantee that mothers can keep their sons alive through encouraging - or discouraging - prayer.  We are told about the wise words, "If Tuvya sins, should Zigud be punished?"  And, less tastefully, "If Shechem had to have Dinah, why should Migavai have to be circumsized?"  One Sage suggests that the High Priests are responsible, for they should be praying that no-one at all is murdered.

Returning to the question of the end of exile, the rabbis speak about Judah's bones as they are carried with the people.  They wonder whether his bones will be reassembled so that he can join in the World-to-Come.  The rabbis also note that if a person is exiled when there is no High Priest placed, he may never be permitted to leave his city of refuge.

A second Mishna is introduced in today's daf.  It teaches about when exiled murderers are permitted to return to their cities of origin.  If the High Priest died, another would be appointed.  A person's sentence would end when that High Priest dies, for example.  An exiled murderer is not permitted to leave in order to perform a mitzvah.  More, he is not permitted to leave to testify nor to serve in the army or otherwise serve the city.  In fact others are permitted to kill him without consequence if he is seen outside of the city limits.

Our daf ends with a conversation about when the murderer might be excused.  If there are irregularities in the case, including unusual happenings in the placement of a High Priest, the murderer might be permitted to return to his city.  There are a number of questions raised about the treatment of a murderer who dies before he was sentenced or before he was brought to a city of refuge.  While they are careful to follow the letter of the law, the rabbis seem to be more lenient regarding this topic than some others.