Commentary for Bava Batra 46:3
מתיב רבי זירא (דברים כא, ג) והיה העיר הקרובה אל החלל ואע"ג דאיכא אחריתי דנפישא מינה
we decide on the ground of 'majority'. And although the plea of 'nearness' equally with the plea of 'majority' derives its warrant from the Scripture,<span class="x" onmousemove="('comment',' The plea of 'majority' is derived from the words [H] (Ex. XXIII, 2). which the Rabbis render (for purposes of halachah), 'Incline judgment after a majority.' i.e., according to the answer to the question. To what class do most things like this belong? The plea of 'nearness' is derived from the verse, And it shall come to pass that the city which is nearest etc. (Deut. XXI. 3)' i.e., we decide according to the answer to the question. Where are the nearest examples of things of this kind? (in this case, potential murderers). ');"><sup>2</sup></span>
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