Verse 6

CITIES OF REFUGE. (Num 35:6-8) there shall be six cities for refuge, which ye shall appoint for the manslayer--The establishment of those privileged sanctuaries among the cities of the Levites is probably traceable to the idea, that they would be the most suitable and impartial judges--that their presence and counsels might calm or restrain the stormy passions of the blood avenger--and that, from their being invested with the sacred character, they might be types of Christ, in whom sinners find a refuge from the destroyer (see Deu 4:43; Jos 20:8).

Verse 8

the cities which ye shall give shall be of the possession of the children of Israel--The burden of furnishing those places for the residence and support of the Levitical order was to fall in equitable proportions upon the different tribes (see Num 33:54; Jos 20:7).

Verse 11

THE BLOOD AVENGER. (Num. 35:9-34) that the slayer may flee thither, which killeth any person at unawares--The practice of Goelism, that is, of the nearest relation of an individual who was killed being bound to demand satisfaction from the author of his death, existed from a very remote antiquity (Gen 4:14; Gen 27:45). It seems to have been an established usage in the age of Moses; and although in a rude and imperfect state of society, it is a natural and intelligible principle of criminal jurisprudence, it is liable to many great abuses; the chief of the evils inseparable from it is that the kinsman, who is bound in duty and honor to execute justice, will often be precipitate--little disposed, in the heat of passion or under the impulse of revenge, to examine into the circumstances of the case, to discriminate between the premeditated purpose of the assassin and the misfortune of the unintentional homicide. Moreover, it had a tendency, not only to foster a vindictive spirit, but in case of the Goel being unsuccessful in finding his victim, to transmit animosities and feuds against his descendants from one generation to another. This is exemplified among the Arabs in the present day. Should an Arab of one tribe happen to kill one of another tribe, there is "blood" between the tribes, and the stain can only be wiped out by the death of some individual of the tribe with which the offense originated. Sometimes the penalty is commuted by the payment of a stipulated number of sheep or camels. But such an equivalent, though offered, is as often refused, and blood has to be repaid only by blood. This practice of Goelism obtained among the Hebrews to such an extent that it was not perhaps expedient to abolish it; and Moses, while sanctioning its continuance, was directed, by divine authority, to make some special regulations, which tended both to prevent the unhappy consequences of sudden and personal vengeance, and, at the same time, to afford an accused person time and means of proving his innocence. This was the humane and equitable end contemplated in the institution of cities of refuge. There were to be six of these legalized asyla, three on the east of Jordan, both because the territory there was equal in length, though not in breadth, to Canaan, and because it might be more convenient for some to take refuge across the border. They were appointed for the benefit, not of the native Israelites only, but of all resident strangers.

Verse 16

If he smite him with an instrument of iron, so that he die, &c.--Various cases are here enumerated in which the Goel or avenger was at liberty to take the life of the murderer; and every one of them proves a premeditated purpose.

Verse 22

But if he thrust him suddenly without enmity, or have cast upon him any thing without laying of wait, &c.--Under the excitement of a sudden provocation, or violent passion, an injury might be inflicted issuing in death; and for a person who had thus undesignedly committed slaughter, the Levitical cities offered the benefit of full protection. Once having reached the nearest, for one or other of them was within a day's journey of all parts of the land, he was secure. But he had to "abide in it." His confinement within its walls was a wise and salutary rule, designed to show the sanctity of human blood in God's sight, as well as to protect the manslayer himself, whose presence and intercourse in society might have provoked the passions of the deceased's relatives. But the period of his release from this confinement was not until the death of the high priest. That was a season of public affliction, when private sorrows were sunk or overlooked under a sense of the national calamity, and when the death of so eminent a servant of God naturally led all to serious consideration about their own mortality. The moment, however, that the refugee broke through the restraints of his confinement and ventured beyond the precincts of the asylum, he forfeited the privilege, and, if he was discovered by his pursuer, he might be slain with impunity.

Verse 29

these things shall be for a statute of judgment unto you throughout your generations--The law of the blood-avenger, as thus established by divine authority, was a vast improvement on the ancient practice of Goelism. By the appointment of cities of refuge, the manslayer was saved, in the meantime, from the blind and impetuous fury of vindictive relatives; but he might be tried by the local court, and, if proved guilty on sufficient evidence, condemned and punished as a murderer, without the possibility of deliverance by any pecuniary satisfaction. The enactment of Moses, which was an adaptation to the character and usages of the Hebrew people, secured the double advantage of promoting the ends both of humanity and of justice. Next: Numbers Chapter 36

Verse 1

And the Lord spake to Moses,.... After he had described the borders of the land, and given instructions about the division of it among the several tribes, and named the persons that should be concerned in parting and putting it into the possession of the Israelites, he makes a provision for the Levites; for though they had no inheritance in the land as a tribe, yet it was proper they should have cities and houses to dwell in; for it would not be suitable that they should be always about the tabernacle, as they were in the wilderness; and it is concerning this the Lord is said to speak to Moses: in the plains of Moab by Jordan, near Jericho: where the Israelites now were, and had been for some time: saying; as follows.

Verse 2

Command the children of Israel,.... All the tribes of them; it is not a bare instruction that is given them, much less a mere request that is made to them, or something proposed, and left to their option whether they would agree to it or not; but it is strictly enjoined them by the Lord, who had given them freely all they should possess, and who had a right to all they had, and to whom they were in duty and gratitude bound to do his will and pleasure: the order is: that they give unto the Levites, of the inheritance of their possession, cities to dwell in; which was but reasonable and requisite, that the ministers of God, and the assistants of the priests, and who did the service of the congregation, that they should have, habitations for them and their families, as well as food and raiment was provided for them in another way: and ye shall give also unto the Levites suburbs for the cities round about them; which were partly for ornament to their cities, and partly for their health, that they might have air, and not be too closely confined within the walls of their cities; and also for convenience, that they have room for their cattle, and places to lay up the increase of their fields, as after suggested. Jarchi says, that a suburb was a space and place parted without the city, round about, for the beauty of it; but they were not allowed to build there an house (i.e. to dwell in), nor to plant a vineyard, nor to sow seed; other ground is after provided for such uses.

Verse 3

And cities shall they have to dwell in,.... For them and their families, and indeed for nothing else, they having no trades nor worldly business to carry on in them: and the suburbs of them shall be for their cattle; for stables and stalls to put them up in, and for barns and storehouses to lay in provender for them: and for their goods; where to bestow them, as the increase of their fields, oliveyards, and vineyards, see Luk 12:18. and for all their beasts; or living creatures; or "for their whole life" (z); or livelihood, whatsoever was for the support of it; the Targum of Jonathan adds, by way of explanation, for all their necessities; and so Jarchi. (z) "ad vitam ipsorum". Vid. Drusium.

Verse 4

And the suburbs of the cities which ye shall give unto the Levites,.... The dimensions and bounds of them were not left to the Israelites, to give what ground they pleased for this purpose, but were fixed to what length they should be: these shall reach from the walls of the city, and outward, a thousand cubits round about; which was half a sabbath day's journey, and pretty near half a mile, which all around a city must contain a considerable quantity of ground, if the city was of any size, as it is certain that some of them given them at least were.

Verse 5

And ye shall measure from without the city on the east side two thousand cubits,.... Before only 1000 cubits were ordered to bemeasured, and now 2000, even 2000 more, which were to be added to the other, and to begin where they ended. The first 1000 were for their cattle and goods, these 2000 for their gardens, orchards, fields, and vineyards; and so the Jewish writers understand it. Jarchi observes, that 1000 cubits are ordered, and after that 2000; and asks, how is this? or how is it to be reconciled? to which he answers, 2000 are put to them round about, and of them the 1000 innermost are for suburbs, and the outermost (i.e. the 2000) are for fields and vineyards; and with this agrees the Misnah (a), from whence he seems to have taken it; and the same was to be on every other side of the city, south, west, and north, as follows: and on the south side two thousand cubits, and on the west side two thousand cubits, and on the north side two thousand cubits; which, added to the other 1000 all around, must make a large circumference of land: and the city shall be in the midst; in the midst of the circuit of three thousand cubits all around, so that it must stand very pleasant and convenient: this shall be to them the suburbs of the cities; such a quantity of ground, consisting of so many cubits, shall be assigned to every city; the suburbs or glebe land to a Levite's city, on the four sides were four squares, and each square consisted of seventy six acres, one rood, twenty perches, and eighty square feet; all the four squares amounting to three hundred and five acres, two roods, one perch, besides fifty seven feet square, according to Bishop Cumberland. (a) Sotah, c. 5. sect. 3. Maimon. & Bartenora in ib.

Verse 6

And among the cities which ye shall give unto the Levites,.... The number of which is not yet expressed, but is afterwards: there shall be six cities for refuge; a sort of asylums, of which there were many among the Heathens, perhaps in imitation of these, for persons to have recourse to for safety, when in danger of life: the Septuagint render the words, "cities of flight" (b); or to flee unto, which certainly was the use of them: to this the apostle alludes when he speaks of some that fled for refuge, to lay hold on the hope set before them, Heb 6:18, the word (c) used for refuge signifies "gathering or receiving", for here persons in distress gathered or betook themselves; and here they were received, retained, protected, and sheltered: what and where these six cities were to be, and were, is after shown: which ye shall appoint for the manslayer; not for any and everyone, not for one that killed a man presumptuously and purposely, through enmity and malice, but for one that did it ignorantly, unawares, and without design: that he may flee thither; with all haste, after the commission of the fact; and, to facilitate his flight, and that he might have no interruption in it, the sanhedrim were obliged to prepare the ways to the cities of refuge, and to make them fit and large; and they removed everything that might cause him to stumble; and they did not leave in the way neither an hillock, nor a dale, nor a river but they made a bridge over it, that nothing might retard him that fled thither, as it is said: thou shalt prepare thee a way; Deu 19:3 and the breadth of the way to the cities of refuge was not less than thirty two cubits; and at the parting of ways (on posts erected) were written, "refuge, refuge", so that the slayer might know (the way) and turn there (as this directed him): and on the fifteenth of Adar or February, they met every year, to take care of this business (d); and they also appointed two disciples of the wise men, or two studious and understanding persons, to accompany him, not so much for the direction of the way, as lest the avenger of blood should meet with him, and slay him in the way; and who were to talk to him, and persuade him not to do it, suggesting to him that it was not done designedly, but unawares, and that it would be a bad thing to kill a man for what he did not intend to do, and which was done without any malice or enmity to the person killed, and with such like words to cool and appease the avenger (e): and to them ye shall add forty two cities; according to the Jewish writers these also were cities of refuge; for so they say (f),"all the cities of the Levites receive or are refuges, every one of them is a city of refuge, as it is said, "and to them ye shall add", &c. the Scripture makes them all alike for refuge: what difference is there between cities of refuge, which are separated for refuge, and the rest of the cities of the Levites? the gates of the cities of refuge receive, whether according to knowledge or not, (which Mr. Selden (g) interprets, whether the inhabitants will or not; but the sense of Maimonides elsewhere (h), and of other writers, is plainly this, whether according to the knowledge and intention of the manslayer or not, whether he knows it to be a city of refuge or :not, and whether he purposely came thither for safety or not,) and he that enters into them is safe; but the rest of the cities of the Levites do not receive, but according to knowledge (when the manslayer knowingly and designedly came thither for shelter); and a manslayer that dwells in a city of refuge gives no more for his house, but he that dwells in the other cities of the Levites gives more (or pays for it) to the owner of the house;''but though this is their unanimous opinion, it rather seems, according to the letter of the Scripture, that only six were cities of refuge, and the rest were for the Levites to dwell in by themselves. (b) , Sept. (c) "receptus", Junius & Tremellius; "collectionis", Piscator; R. Sol. Ohel Moed, fol. 82. 1. "proprie significat collectionem vel retentionem", Munster. (d) Maimon. Hilchot Rotzeach, c. 8. sect. 5. (e) Misn. Maccot, c. 2. sect. 5. & Maimon. & Bartenora in ib. (f) Maimon. ut supra, (d)) sect. 11. (g) De Jure Natarae & Gentium, l. 4. c. 2. p. 489. (h) Maimon. & Bartenora in Misn. Maccot, l. 2. sect. 4.

Verse 7

So all the cities which ye shall give to the Levites shall be forty eight cities,.... Of these forty eight cities, their names, and what tribes they were in, and which of them were particularly cities of refuge, an account is given in Jos 21:10, them shall ye give, with their suburbs; according to the dimensions before prescribed.

Verse 8

And the cities which ye shall give shall be of the possession of the children of Israel,.... What shall fall by lot for their inheritance, and they shall be possessed of; and though they are, shall not refuse, nor grudge to give them, according to the direction of God, whose the land is, they holding it under him: from them that have many ye shall give many, but from them that have few ye shall give few; which rule was observed; for out of Judah, whose lot was large, and out of Simeon, whose inheritance was within that of Judah, because it was so large, nine cities were given, whereas out of the other tribes only four cities out of each were given, and out of one of them but three, see Jos 21:1, everyone shall give of his cities unto the Levites, according to his inheritance which he inheriteth; and the Levites, being thus dispersed among the several tribes, were of great advantage to them, to instruct them in the knowledge of divine things; so that though hereby Jacob's curse on this tribe had its fulfilment, that it should be divided in Jacob, and scattered in Israel, yet that became a blessing to the rest of the tribes; see Gen 49:7.

Verse 9

And the Lord spake unto Moses,.... At the same time, or he continued his speech unto him: saying: as follows.

Verse 10

Speak unto the children of Israel, and say unto them,.... Now, directly: when ye come over Jordan into the land of Canaan; as they quickly would, being now very near it, and of which there was the utmost certainty, since the Lord had promised to bring them over that river, and put them in possession of that land.

Verse 11

Then ye shall appoint your cities to be cities of refuge for you,.... And, according to the Jewish writers (i), these were neither to be made large nor little, but middling; and they appointed them where there were markets and fairs, at which goods were to be sold; and where there was plenty of water, and a multitude of people; and where there were but few, they fetched others from other places; and they neither made nets for hunting, nor twisted ropes in them, nor sold any warlike instruments, lest the avenger of blood should use himself to come thither, under pretence of buying such things, and kill the manslayer: that the slayer may flee thither, which killeth any person at unawares; or through error (k), or mistake, not on purpose, with design, or through malice and enmity, as is afterwards more largely explained. (i) Maimon. Rotzeach, c. 8. sect. 8. Vid. T. Bab. Maccot, fol. 10. 1. (k) "per errorem", Pagninus, Junius & Tremellius, Piscator; "per imprudentiam", Tigurine version: Vatablus; "in ignorantia", Montanus.

Verse 12

And they shall be unto you cities of refuge from the avenger,.... Or near kinsman; for as the right of redemption of an estate that was mortgaged belonged to such an one, so of revenging the blood of any one that was killed: that the manslayer die not; by the hand of the avenger, who in the heat of his passion would, could he come at him, fall upon him, and slay him, to avenge the death of his relation on him: until he stand before the congregation in judgment; before the court of judicature, to be examined, tried, and judged, whether the murder was committed knowingly and willingly, or whether through mistake and at unawares: this was done either before the court of judicature in the city of refuge, who took cognizance of such cases directly, that they might know whom to harbour and protect, and whom not; or before the court in the place where the act was committed: interpreters are divided about this; and Calmet (l) is of opinion that he was examined in both courts, first more strictly in the city of refuge, and then more slightly in the place where it was done, which is not improbable; however, this seems manifest from Num 35:25, that the court where it was committed had power to fetch him from the city of refuge, and set him before them, and examine into the case; and, if an innocent person, restored him to the city of refuge, whither he had fled. (l) Dictionary, on the word "Refuge".

Verse 13

And of these cities which ye shall give,.... Of the forty eight cities they were to give to the Levites, Num 35:7, six cities shall ye have for refuge; which, I think, makes it clear, that not all the forty eight cities were for refuge, only six of them.

Verse 14

Ye shall give three cites on this side Jordan,.... Which were Bezer in the wilderness, out of the tribe of Reuben; and Ramoth in Gilead, out of the tribe of Gad; and Golan in Bashan, out of the tribe of Manasseh, Jos 20:8, and three cities shall ye give in the land of Canaan: which were Kadesh in Galilee, in Mount Naphtali; Shechem in Mount Ephraim; and Kirjatharba, or Hebron, in the mountain of Judah, Jos 20:7. which shall be cities of refuge; the three on the other side Jordan, the Jews say, were separated by Moses, and the three in the land of Canaan by Joshua, but not one of them was a refuge until they were all separated (m): it may seem strange that there should be as many in the two tribes and a half on the other side Jordan, as in the nine tribes and a half in the land of Canaan; let it be observed, what the Jewish writers, say (n), Moses separated three cities beyond Jordan, and opposite them Joshua separated three in the land of Canaan; and they were like two rows in a vineyard, Hebron in Judea was opposite Bezer in the wilderness; Shechem in Mount Ephraim was opposite Ramoth in Gilead; Kadesh in Mount Naphtali was opposite Golan in Bashan; and the three were so disposed, that there was as much space from the south (of the land of Israel) to Hebron as from Hebron to Shechem; and as much from Hebron to Shechem as from Shechem to Kadesh; and as much from Shechem to Kadesh as from Kadesh to the north beyond Jordan; and it should be known that the land of the tribes beyond Jordan extended in length as far as the land of Canaan, and was equal to it, running along it; so that those in the land of Canaan could soon and easily get over Jordan to the cities of refuge there, if there was occasion; besides, there is a direction given, that if their coast should be enlarged, they were to add three cities more in the land of Canaan, Deu 19:8, hence the Jews have a notion, that in the days of the Messiah those three cities will be added (o); but the Messiah is come already, and is the antitype of them all. (m) Misn. Maccot, c. 2. sect. 4. Maimon. Hilchot Rotzeach, c. 8. sect. 2. 3. & in Pirke, c. 4. sect. 2. & Jarchi in loc. (n) T. Bab. Maccot, fol. 9. 2. (o) Maimon. Rotzeach, c. 8. sect. 4.

Verse 15

These six cities shall be a refuge both for the children of Israel and for the stranger,.... For an Israelite, and a proselyte of righteousness, one that embraced the Jewish religion, and in all things conformed to it, and to whom there was but one law in things civil and religious: and for the sojourner among you; the proselyte of the gate, who renounced idolatry, and observed the commands of the sons of Noah, but in other things did not comply with the Jewish ceremonies, yet had the benefit of the cities of refuge equally with the other; though the Jews say (p), such a proselyte or sojourner had only this privilege, who slew a proselyte, but not if he slew an Israelite; but for this distinction there is no foundation in the text: that everyone that killeth any person unawares may flee thither; whether an Israelite, or a proselyte of righteousness or of the gate. (p) Misn. Maccot, c. 2. sect. 3.

Verse 16

And if he smite him with an instrument of iron, so that he die,.... As with an hatchet, hammer, sword, knife, &c. he is a murderer; the instrument used by him, and with which he smote, shows that he had a bad design, and intended to kill, or he would never have smitten a man with such an instrument: the murderer shall surely be put to death; be condemned to death, and be executed, by the order of the civil magistrate, according to the law in Gen 9:6 and not be allowed the benefit of a city of refuge.

Verse 17

And if he smite him with throwing a stone,.... "Or with a stone of the hand" (q), which the Jews interpret of a stone so big as to fill a man's hand, and so wherewith he may die; at whom it is thrown; is sufficient to cause his death, if struck with it; so the Targum of Jonathan paraphrases it of a"stone of fulness of hands, which is sufficient that a man may die with it,''or be killed by it: and he die; by the blow he receives from it, either immediately or in a short time after: he is a murderer, and the murderer shall surely be put to death; as in the above case. (q) .

Verse 18

Or if he smote him with an hand weapon of wood,.... A stick, or staff, or club: wherewith he may die, and he die; which is sufficient to kill a man, as the same Targum explains it; and a man dies with the blow that is given him by it: he is a murderer, and the murderer shall surely be put to death; no pardon given him, or the benefit of the city of refuge allowed him.

Verse 19

The revenger of blood himself shall slay the murderer,.... Not only shall have power to do it, but, as it seems, should be obliged to do it; be the executioner of the murderer; but not before his case has been heard, examined, tried, and judged; wherefore the Targum of Jonathan adds,"in judgment,''that is, as Onkelos explains it,"when he is condemned by judgment,''the court of judicature: when he meeteth him he shall slay him; the first opportunity he has, even though, as Jarchi says, if he meets him in the midst of one of the cities of refuge, and no judgment is passed on him.

Verse 20

But if he thrust him of hatred,.... Or, "and if" (r), since the Scripture is still speaking of such that shall die for murder, though in another instance, without having the privilege of a city of refuge; if he thrusts him with a sword or knife, or rather, since, if anything of that kind is included in the first instance of smiting with an instrument of iron, push him down from an high place, as Aben Ezra; so the men of Nazareth intended to have dispatched Christ in that way, Luk 4:29. or hurl at him by lying in wait, that he die; as a bowing wall, as the same writer instances in, push down that upon him as he passes along, lying in wait for him; or throws anything at him, with an intention to kill him, and does; or casts down anything upon him, a large stone, or anything else, by which he dies. (r) "et si", Pagninus, Montanus.

Verse 21

Or in enmity smite him with his hand, that he die,.... Give him a blow with his fist, on some part of his body where life is most in danger, and which issues in death: he that smote him shall surely be put to death, for he is a murderer; and therefore, according to the original law, ought to die, without reprieve or pardon; and notwithstanding this law made for cities of refuge, which were to be denied him: the revenger of blood shall slay the murderer when he meeteth him: that is, when he is condemned, as both the Targums of Onkelos and Jonathan interpret it, after a hearing and trial of his case.

Verse 22

But if he thrust him suddenly, without enmity,.... Push him from a precipice, before he is aware, without any malicious design against his life, but merely through accident: or have cast upon him anything; from the top of a house, or from a building he is pulling down, or pushes a bowing wall upon him, not knowing that he is passing by it: and without lying of wait: or having contrived to do it, just as he goes along, or in any other similar way.

Verse 23

Or with any stone wherewith a man may die,.... Which is sufficient to kill a man, if thrown at him: seeing him not; and so without intention: the Jews (s) from hence gather, that a blind man is to be acquitted and dismissed, and not banished and so stands in no need of a city of refuge; though others say he is to be banished, and needs it, and ought to have the privilege of it: and cast it upon him that he die; casting, it upon another account, and with another view, but yet falling upon a man, it kills him: and was not his enemy, neither sought him harm; it was never known that they were at variance, or that the slayer had ever by any overt act discovered any malice and enmity against the deceased, by word or deed, or ever sought to do him any injury, either to his person or property. (s) Misn. Maccot, c. 2. sect. 3.

Verse 24

Then the congregation,.... That is, the court of judicature, assembled together to hear and try this cause: shall judge between the slayer and the revenger of blood; shall hear what both have to say, and pass sentence: according to these judgments; these judicial laws and rules of judgment before delivered, exemplified in various cases.

Verse 25

And the congregation shall deliver the slayer out of the hand of the avenger of blood,.... Put him under the care of proper persons, to conduct him to one of the cities of refuge, or put him in the way to it; and restrain the avenger of blood from pursuing him, until such time that it may be judged he is safe arrived there: and the congregation shall restore him to the city of refuge, whither he was fled; so that it seems by this, when one had been guilty of manslaughter, and fled to one of the cities of refuge, he might be taken from thence and had before a court of justice, and there take his trial; and if it appeared that the fact was committed by him, ignorantly, unawares, and without design, then he was returned to his city of refuge; but, if otherwise, he was put to death, notwithstanding he had fled thither; and so it is said in the Misnah (t), that"at first, or formerly, one that killed another ignorantly or presumptuously, they sent him before to one of the cities of refuge, and the sanhedrim sent and fetched him from thence: he who was condemned to death by the court, they slew him; he that was not condemned was dismissed; he that was condemned to banishment they returned him to his place, according to Num 35:25." and he shall abide in it, unto the death of the high priest, which was anointed with the holy oil: and then he was to be set at liberty, and return to his house and family and have his former possessions and honours, if he had any, restored unto him, the commission or warrant for his detainer there ceasing, being made void by the death of the high priest; who was the prince of the priests and Levites, to whom those cities belonged, and so under his jurisdiction: or so it was ordered, because such was the general mourning for such a public loss as an high priest, that all private revenges would subside, and the cause of them be buried, in grief and forgetfulness; though, no doubt, this had a respect to something which will be hereafter taken notice of: the Jews say (u), that the mothers of the priests used to supply with a sufficient quantity of food and raiment such who fled to the cities of refuge, that they might not pray for the death of their sons; and according to them, a man's case was very bad when there was no high priest; for so they write (w)"he whose cause is finished (or his case determined in a court of judicature), and there is no high priest; and he that slays an high priest, or an high priest slays another, he never goes out, no not so much as to bear testimony in any cause, and even in what the congregation has need of him, but there are his dwelling, his death, and his burial.'' (t) Misn. Maccot. c. 2. sect. 6. (u) Misn. Maccot. c. 2. sect. 3. (w) Misn. Maccot, c. 2. sect. 7.

Verse 26

But if the slayer shall at any time come without the border of the city of his refuge,.... Which seems to be the three thousand cubits assigned to every city of the Levites, and so to the cities of refuge; and which, according to the Jewish writers, were a refuge, as the city itself; and it is said (x),"he, that kills a man there, is killed for him, but though the border is a refuge, the slayer does not dwell in it, as it is said. Num 35:25, "he shall abide in it", but not in its borders:" whither he was fled; on account of manslaughter. (x) Maimon. Hilchot Rotzeach, c. 8. sect. 11. Misn. Maccot, c. 2. sect. 7.

Verse 27

And the revenger of blood find him without the borders of the city of his refuge,.... Without the suburbs, fields, and vineyards belonging to it: and the revenger of blood kill the slayer; being exasperated against him, and to avenge the blood of his relation on him: he shall not be guilty of blood; or be reckoned murderer, or die for it.

Verse 28

Because he should have remained in the city of his refuge until the death of the high priest,.... Nothing could give him his liberty but his death; so that though this was a merciful provision made in such cases for such persons, and was a considerable benefit and privilege, yet it carried in it some appearance of a punishment; since such a person was confined within the boundaries of one of the cities of refuge as long as the high priest lived; and this was done to make persons cautious how they were any way accessory to the death of another, though without design: but after the death of the high priest the slayer shall return into the land of his possession; to that part of the land, and to that tribe to which he belonged, to his house and family, and to his possessions and inheritances, whatever he had, and to all the honours and privileges he before enjoyed, and under no danger from the avenger of blood henceforward: a custom somewhat like this has prevailed in some parts of Africa, as Leo Africanus (y) relates, that if a man happened to kill another, all the friends of the deceased conspired to kill him, but if they could not effect it, then the guilty person was proclaimed an exile from the city, for the whole space of seven years; and at the expiration of the whole seven years, when he returned from his exile, the chief men of the city invited him to a feast, and so he was restored to his liberty: temples, groves, altars, and statues, were common among other nations for asylums or refuges, but whole cities very rarely with the ancients; it seems there were some (z). (y) Descriptio Africae, l. 2. p. 135, 136. (z) Vid. Marmor. Oxon. & Not. in ib. p. 25. & Rittershusium de Jure Asylorum, c. 2.

Verse 29

So these things shall be for a statute of judgment unto you,.... A judicial law, according to which they were to proceed in all the above cases: throughout your generations in all your dwellings; throughout all ages, as long as they dwelt in the land of Canaan, even unto the times of the Messiah, in whom the things figured hereby had their accomplishment: the cities of refuge were types of Christ: hence a divine person, even the Messiah, is often spoken of as the refuge of his people, Psa 9:9 with which compare Heb 6:18 these were places to flee to, as the word is rendered by the Greek version; to Christ sensible sinners flee for shelter and safety, which supposes danger in themselves from the law and justice of God; a sense of that danger which makes them flee from wrath to come; a view of Christ, as a place of refuge, and that no other but he will serve their purpose, and therefore make all the haste and speed they can unto him. The word properly signifies cities of gathering, or of reception. There was a gathering of the elect of God to Christ at his death; and there is another at effectual calling, which is an act of God's grace, and a distinguishing one, when souls gather to Christ as their Saviour for righteousness, peace, pardon, rest, and everlasting life; and when Christ receives them, though sinners, into his arms, and into his heart, and into open fellowship with him, so as to dwell in him, where they dwell pleasantly and safely; he receives them into his house here, and into heaven hereafter; and by, and in Christ, those that flee to him, and are received by him, are retained and preserved from Satan, law, hell and death. The cities of refuge were of God's appointing; so Christ, as a Saviour, and rock of refuge to his people, is appointed and foreordained of God; they were well known for refuges, as the Lord is in the places of Zion; they were open for all, at all times, as Christ is for all sinners, even the chief of sinners, Jews or Gentiles; they are all one in Christ, the Israelite, and the stranger and sojourner; all impediments were removed out of the way of them, and plain directions to them given, as are in the Gospel, and by the ministers of it; and there is always room in Christ for such that flee to him, as there was in those cities; and being in him, they are safe from the curse and condemnation of the law, from wrath to come, and from the second death; and their redemption and atonement, peace and reconciliation, liberty, life and salvation, are owing to the death of Christ, their high priest. Abendana (a) observes, that the death of the high priest atoned for the offence (of manslaughter), which was the reason the manslayer continued in the city of refuge till his death, and then was released: however, certain it is, that the death of Christ, our high priest, atones for every sin of those that flee to him, and by which they are reconciled to God. In some things there is a difference between these cities of refuge and Christ; they were six, he but one; they were for such only who shed blood ignorantly, he for such that were enemies to him, and lived in malice towards others, and guilty of the most enormous crimes: to be in these cities of refuge was a kind of exile and imprisonment, but they that are in Christ are freemen; it was possible that such might die that were in them, and at most were only delivered from temporal death, but they that flee to Christ for refuge are saved with an everlasting salvation. (a) Not. in Miclol Yophi in ver. 25.

Verse 30

Whoso killeth any person,.... Willingly, and through enmity and malice: the murderer shall be put to death by the mouth of two witnesses; which is repeated partly to show, that this law concerning the cities of refuge was not designed to screen a murderer, who was guilty through malice prepense; and partly for the sake of what is added to it, that two witnesses are required in such a case, where a man's life is at stake, to prove the fact against him; which shows how careful the Lord is, and men should be, of the lives of his creatures, that no man suffer wrongfully; which is repeated again and again, that it might be observed, see Deu 17:6 but one witness shall not testify against any person, to cause him to die; which looks as if in other cases, in pecuniary matters, and the like, where life is not concerned, one witness may be sufficient; though it is always best and safest to have more if they can be had, that at the mouth of two or three witnesses everything may be established, Deu 19:15.

Verse 31

Moreover, ye shall take no satisfaction for the life of a murderer,.... Though he would give all his wealth and substance, all his estates and possessions, and whatever he is worth in the world; for all that a man has he will give for his life; but these are not to be taken, nor anything, and everything his friends may offer for him; all is to be rejected, the life of such a man is not to be saved on any consideration: which is guilty of death; as he is who kills a man willingly and purposely; but one may be guilty of killing another, and yet not be deserving of death, when it is done ignorantly and accidentally with respect to him, for which reason this clause is added: but he shall be surely put to death; by the order of the civil magistrate; and if this is not done either through want of evidence, or the fault of the judge, or the criminal clemency of the chief governor, God sooner or later will take vengeance on such a person.

Verse 32

Moreover, ye shall take no satisfaction for him that is fled to the city of his refuge,.... Though for killing a man unawares: that he should come again to dwell in the land, until the death of the priest; the high priest; such a man's liberty was not to be purchased with money, nor even his life to be bought off, should he be taken without his city; a great ransom could not deliver him from the avenger, because he was guilty of this law, which so wisely and mercifully provided for him; and consequently guilty also of great ingratitude to God, as well as of a breach of his law, and of disrespect to his high priest, under whom he was protected.

Verse 33

So ye shall not pollute the land wherein ye are,.... The land of Canaan, as it had been by the old inhabitants of it, by idolatry, adultery, and murder: for blood it defileth the land: the shedding of innocent blood defiles a nation, and the inhabitants of it, brings guilt thereon, and subjects to punishment: and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it; or "there can be no expiation" (b), or "atonement made" for it in any other way; the blood of the murderer is required at his hands, and nothing short of it will satisfy law and justice, see Gen 9:6. (b) "non posset expiatio", Junius & Tremellius, Piscator; to the same sense Pagninus, Montanus, Tigurine version.

Verse 34

Defile not therefore the land which ye shall inherit,.... By the commission of such atrocious crimes, or suffering them to go unpunished, or by taking a compensation for the life of the guilty person: wherein I dwell; which is added to strengthen the exhortation, and as giving a reason why care should be taken not to pollute it, because the Holy God dwells there; as he did in the tabernacle erected for him, and in such a peculiar manner as he did not in other lands: for I the Lord dwell among the children of Israel; he now dwelt among them as their God, and their King; his tent or tabernacle being pitched in the midst of the camps of Israel; and so he would continue to dwell among them when they were come to the land of Canaan, so long as they observed his laws, statutes, and ordinances; and therefore it behoved them to be careful that they did not pollute themselves and their land, and cause him to depart from them. Next: Numbers Chapter 36

Verse 4

The pasture lands of the different towns were to measure "from the town wall outwards a thousand cubits round about," i.e., on each of the four sides. "And measure from without the city, the east side 2000 cubits, and the south side 2000 cubits, and the west side 2000 cubits, and the north side 2000 cubits, and the city in the middle," i.e., so that the town stood in the middle of the measured lines, and the space which they occupied was not included in the 2000 cubits. The meaning of these instructions, which have caused great perplexity to commentators, and have latterly been explained by Saalschtz (Mos. R. pp. 100, 101) in a marvellously erroneous manner, was correctly expounded by J. D. Michaelis in the notes to his translation. We must picture the towns and the surrounding fields as squares, the pasturage as stretching 1000 cubits from the city wall in every direction, as the accompanying figures show, and the length of each outer side as 2000 cubits, apart from the length of the city wall: so that, if the town itself occupied a square of 1000 cubits (see fig. a), the outer side of the town fields would measure 2000 + 1000 cubits in every direction; but if each side of the city wall was only 500 cubits long (see fig. b), the outer side of the town fields would measure 2000 + 500 cubits in every direction.

Verse 6

Of these cities which were given up to the Levites, six were to serve as cities of refuge (see at Num 35:12) for manslayers, and in addition to these (עליהם, over upon them) the Israelites were to give of their possessions forty-two others, that is to say, forty-eight in all; and they were to do this, giving much from every tribe that had much, and little from the one which had little (Num 26:54). With the accusatives הערים את and ערי שׁשׁ עת (Num 35:6), the writer has already in his mind the verbs תּרבּוּ and תּמעיטוּ of Num 35:8, where he takes up the object again in the word והערים. According to Josh 21, the Levites received nine cities in the territory of Judah and Simeon, four in the territory of each of the other tribes, with the exception of Naphtali, in which there were only three, that is to say, ten in the land to the east of the Jordan, and thirty-eight in Canaan proper, of which the thirteen given up by Judah, Simeon, and Benjamin were assigned to the families of the priests, and the other thirty-five to the three Levitical families. This distribution of the Levites among all the tribes - by which the curse of division and dispersion in Israel, which had been pronounced upon Levi in Jacob's blessing (Gen 49:7), was changed into a blessing both for the Levites themselves and also for all Israel - was in perfect accordance with the election and destination of this tribe. Called out of the whole nation to be the peculiar possession of Jehovah, to watch over His covenant, and teach Israel His rights and His law (Deu 33:9-10; Lev 10:11; Deu 31:9-13), the Levites were to form and set forth among all the tribes the ἐκλογή of the nation of Jehovah's possession, and by their walk as well as by their calling to remind the Israelites continually of their own divine calling; to foster and preserve the law and testimony of the Lord in Israel, and to awaken and spread the fear of God and piety among all the tribes. Whilst their distribution among all the tribes corresponded to this appointment, the fact that they were not scattered in all the towns and villages of the other tribes, but were congregated together in separate towns among the different tribes, preserved them from the disadvantages of standing alone, and defended them from the danger of moral and spiritual declension. Lastly, in the number forty-eight, the quadrupling of the number of the tribes (twelve) is unmistakeable. Now, as the number four is the seal of the kingdom of God in the world, the idea of the kingdom of God is also represented in the four times twelve towns (cf. Bhr, Symbolik, ii. pp. 50, 51).

Verse 9

Selection and Appointment of Cities of Refuge for Unpremeditated Manslayers. - Num 35:10, Num 35:11. When the Israelites had come into the land of Canaan, they were to choose towns conveniently situated as cities of refuge, to which the manslayer, who had slain a person (nephesh) by accident (בּשׁגגה: see at Lev 4:2), might flee. הקרה, from קרה, to hit, occurrit, as well as accidit; signifies here to give or make, i.e., to choose something suitable (Dietrich), but not "to build or complete" (Knobel), in the sense of קרה, as the only meaning which this word has is contignare, to join with beams or rafters; and this is obviously unsuitable here. Through these directions, which are repeated and still further expanded in Deu 19:1-13, God fulfilled the promise which He gave in Exo 21:13 : that He would appoint a place for the man who should unintentionally slay his neighbour, to which he might flee from the avenger of blood.

Verse 12

These towns were to serve for a refuge from the avenger of blood, that the manslayer might not die before he had taken his trial in the presence of the congregation. The number of cities was fixed at six, three on the other side of the Jordan, and three on this side in the land of Canaan, to which both the children of Israel, and also the foreigners and settlers who were dwelling among them, might flee. In Deu 19:2., Moses advises the congregation to prepare (הכין) the way to these cities, and to divide the territory of the land which Jehovah would give them into three parts (שׁלּשׁ), i.e., to set apart a free city in every third of the land, that every manslayer might flee thither, i.e., might be able to reach the free city without being detained by length of distance or badness of road, lest, as is added in Deu 19:6, the avenger of blood pursue the slayer while his heart is hot (יחם, imperf. Kal of חמם), and overtake him because the way is long, and slay him (נפשׁ הכּה, as in Gen 37:21), whereas he was not worthy of death (i.e., there was no just ground for putting him to death), "because he had not done it out of hatred." The three cities of refuge on the other side were selected by Moses himself (Deu 4:41-43); the three in Canaan were not appointed till the land was distributed among the nine tribes and a half (Jos 20:7). Levitical or priests' towns were selected for all six, not only because it was to the priests and Levites that they would first of all look for an administration of justice (Schultz on Deu 19:3), but also on the ground that these cities were the property of Jehovah, in a higher sense than the rest of the land, and for this reason answered the idea of cities of refuge, where the manslayer, when once received, was placed under the protection of divine grace, better than any other places possibly could. The establishment of cities of refuge presupposed the custom and right of revenge. The custom itself goes back to the very earliest times of the human race (Gen 4:15, Gen 4:24; Gen 27:45); it prevailed among the Israelites, as well as the other nations of antiquity, and still continues among the Arabs in unlimited force (cf. Niebuhr, Arab. pp. 32ff.; Burckhardt, Beduinen, 119, 251ff.). "Revenge of blood prevailed almost everywhere, so long as there was no national life generated, or it was still in the first stages of its development; and consequently the expiation of any personal violation of justice was left to private revenge, and more especially to family zeal" (Oehler in Herzog's B. Cycl., where the proofs may be seen). The warrant for this was the principle of retribution, the jus talionis, which lay at the foundation of the divine order of the world in general, and the Mosaic law in particular, and which was sanctioned by God, so far as murder was concerned, even in the time of Noah, by the command, "Whoso sheddeth man's blood," etc. (Gen 9:5-6). This warrant, however, or rather obligation to avenge murder, was subordinated to the essential principle of the theocracy, under the Mosaic law. Whilst God Himself would avenge the blood that was shed, not only upon men, but upon animals also (Gen 9:5), and commanded blood-revenge, He withdrew the execution of it from subjective caprice, and restricted it to cases of premeditated slaying or murder, by appointing cities of refuge, which were to protect the manslayer from the avenger, until he took his trial before the congregation. גּאל, redeemer, is "that particular relative whose special duty it was to restore the violated family integrity, who had to redeem not only landed property that had been alienated from the family (Lev 25:25.), or a member of the family that had fallen into slavery (Lev 25:47.), but also the blood that had been taken away from the family by murder" (Oehler). In the latter respect he was called הדּם גּאל, (Num 35:19, Num 35:21, Num 35:24.; Deu 19:6, Deu 19:12). From Sa2 14:7, we may see that it was the duty of the whole family to take care that blood-revenge was carried out. The performance of the duty itself, however, was probably regulated by the closeness of the relationship, and corresponded to the duty of redeeming from bondage (Lev 25:49), and to the right of inheritance (Num 27:8.). What standing before the congregation was to consist of, is defined more fully in what follows (Num 35:24, Num 35:25). If we compare with this Jos 20:4., the manslayer, who fled from the avenger of blood into a free city, was to stand before the gates of the city, and state his cause before the elders. They were then to receive him into the city, and give him a place that he might dwell among them, and were not to deliver him up to the avenger of blood till he had stood before the congregation for judgment. Consequently, if the slayer of a man presented himself with the request to be received, the elders of the free city had to make a provisional inquiry into his case, to decide whether they should grant him protection in the city; and then if the avenger of blood appeared, they were not to deliver up the person whom they had received, but to hand him over, on the charge of the avenger of blood, to the congregation to whom he belonged, or among whom the act had taken place, that they might investigate the case, and judge whether the deed itself was wilful or accidental.

Verse 16

Special instructions are given in Num 35:16-28, with reference to the judicial procedure. First of all (Num 35:16-21), with regard to qualified slaying or murder. If any person has struck another with an iron instrument (an axe, hatchet, hammer, etc.), or "with a stone of the hand, from which one dies," i.e., with a stone which filled the hand, - a large stone, therefore, with which it was possible to kill, - or "with a wooden instrument of the hand, from which one dies," i.e., with a thick club, or a large, strong wooden instrument, and he then died (so that he died in consequence), he was a murderer, who was to be put to death. "For the suspicion would rest upon any one who had used an instrument, that endangered life and therefore was not generally used in striking, that he had intended to take life away" (Knobel).

Verse 19

The avenger of blood could put him to death, when he hit upon him, i.e., whenever and wherever he met with him.

Verse 20

And so also the man who hit another in hatred, or threw at him by lying in wait, or struck him with the hand in enmity, so that he died. And if a murderer of this kind fled into a free city, the elders of his city were to have him fetched out and delivered up to the avenger of blood (Deu 19:11-12). Then follow, in Num 35:22-28, the proceedings to be taken with an unintentional manslayer, viz., if any one hit another "in the moment," i.e., suddenly, unawares (Num 6:9), without enmity, or by throwing anything upon him, without lying in wait, or by letting a stone, by which a man might be killed, fall upon him without seeing him, so that he died in consequence, but without being his enemy, or watching to do him harm. In using the expression בּכל־אבן, the writer had probably השׁליך still in his mind; but he dropped this word, and wrote ויּפּל in the form of a fresh sentence. The thing intended is explained still more clearly in Deu 19:4-5. Instead of בּפתע, we find there בּבלי־דעת, without knowing unintentionally. The words, "without being his enemy," are paraphrased there by, "without hating him from yesterday and the day before yesterday" (i.e., previously), and are explained by an example taken from the life: "When a man goeth into the wood with his neighbour to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the iron slippeth (נשׁל Niphal of שׁלל) from the wood (handle), and lighteth upon his neighbour."

Verse 24

In such a case as this, the congregation was to judge between the slayer and the avenger of blood, according to the judgments before them. They were to rescue the innocent man from the avenger of blood, to bring him back to his (i.e., the nearest) city of refuge to which he had fled, that he might dwell there till the death of the high priest, who had been anointed with the holy oil.

Verse 26

If he left the city of refuge before this, and the avenger of blood got hold of him, and slew him outside the borders (precincts) of the city, it was not to be reckoned to him as blood (דּם לו אין, like דּמים לו אין, Exo 22:1). But after the death of the high priest he might return "into the land of his possession," i.e., his hereditary possession (cf. Lev 27:22), sc., without the avenger of blood being allowed to pursue him any longer. In these regulations "all the rigour of the divine justice is manifested in the most beautiful concord with His compassionate mercy. Through the destruction of life, even when not wilful, human blood had been shed, and demanded expiation. Yet this expiation did not consist in the death of the offender himself, because he had not sinned wilfully." Hence an asylum was provided for him in the free city, to which he might escape, and where he would lie concealed. This sojourn in the free city was not to be regarded as banishment, although separation from house, home, and family was certainly a punishment; but it was a concealment under "the protection of the mercy of God, which opened places of escape in the cities of refuge from the carnal ardour of the avenger of blood, where the slayer remained concealed until his sin was expiated by the death of the high priest." For the fact, that the death of the high priest was hereby regarded as expiatory, as many of the Rabbins, fathers, and earlier commentators maintain (see my Comm. on Joshua, p. 448), is unmistakeably evident from the addition of the clause, "who has been anointed with the holy oil," which would appear unmeaning and superfluous on any other view. This clause points to the inward connection between the return of the slayer and the death of the high priest. "The anointing with the holy oil was a symbol of the communication of the Holy Ghost, by which the high priest was empowered to act as mediator and representative of the nation before God, so that he alone could carry out the yearly and general expiation for the whole nation, on the great day of atonement. But as his life and work acquired a representative signification through this anointing with the Holy Ghost, his death might also be regarded as a death for the sins of the people, by virtue of the Holy Ghost imparted to him, through which the unintentional manslayer received the benefits of the propitiation for his sin before God, so that he could return cleansed to his native town, without further exposure to the vengeance of the avenger of blood" (Comm. on Joshua, p. 448). But inasmuch as, according to this view, the death of the high priest had the same result in a certain sense, in relation to his time of office, as his function on the day of atonement had had every year, "the death of the earthly high priest became thereby a type of that of the heavenly One, who, through the eternal (holy) Spirit, offered Himself without spot to God, that we might be redeemed from our transgressions, and receive the promised eternal inheritance (Heb 9:14-15). Just as the blood of Christ wrought out eternal redemption, only because through the eternal Spirit He offered Himself without spot to God, so the death of the high priest of the Old Testament secured the complete deliverance of the manslayer form his sin, only because he had been anointed with the holy oil, the symbol of the Holy Ghost."

Verse 29

If, therefore, the confinement of the unintentional manslayer in the city of refuge was neither an ordinary exile nor merely a means of rescuing him from the revenge of the enraged goel, but an appointment of the just and merciful God for the expiation of human blood even though not wilfully shed, that, whilst there was no violation of judicial righteousness, a barrier might be set to the unrighteousness of family revenge; it was necessary to guard against any such abuse of this gracious provision of the righteous God, as that into which the heathen right of asylum had degenerated. (Note: On the asyla, in general, see Winer's Real-Wrterbuch, art. Freistatt; Pauly, Real-encyckl. der class. Alterthums-wissenschaft, Bd. i. s. v. Asylum; but more especially K. Dann, "ber den Ursprung des Asylrechts und dessen Schicksale und Ueberreste in Europa," in his Ztschr. fr deutsches Recht, Lpz. 1840. "The asyla of the Greeks, Romans, and Germans differed altogether from those of the Hebrews; for whilst the latter were never intended to save the wilful criminal from the punishment he deserved, but were simply established for the purpose of securing a just sentence, the former actually answered the purpose of rescuing the criminal from the punishment which he legally deserved.") The instructions which follow in Num 35:29-34 were intended to secure this object. In Num 35:29, there is first of all the general law, that these instructions (those given in vv. 11-28) were to be for a statute of judgment (see Num 27:11) for all future ages ("throughout your generations," see Exo 12:14, Exo 12:20). Then, in Num 35:30, a just judgment is enforced in the treatment of murder. "Whoso killeth any person (these words are construed absolutely), at the mouth (the testimony) of witnesses shall the murderer be put to death; and one witness shall not answer (give evidence) against a person to die;" i.e., if the taking of life were in question, capital punishment was not to be inflicted upon the testimony of one person only, but upon that of a plurality of witnesses. One witness could not only be more easily mistaken than several, but would be more likely to be partial than several persons who were unanimous in bearing witness to one and the same thing. The number of witnesses was afterwards fixed at two witnesses, at least, in the case of capital crimes (Deu 17:6), and two or three in the case of every crime (Deu 19:15; cf. Joh 8:17; Co2 13:1; Heb 10:28). - Lastly (Num 35:31.), the command is given not to take redemption money, either for the life of the murderer, who was a wicked man to die, i.e., deserving of death (such a man was to be put to death); nor "for fleeing into the city of refuge, to return to dwell in the land till the death of the high priest:" that is to say, they were neither to allow the wilful murderer to come to terms with the relative of the man who had been put to death, by the payment of a redemption fee, and so to save his life, as is not unfrequently the case in the East at the present day (cf. Robinson, Pal. i. p. 209, and Lane's Manners and Customs); nor even to allow the unintentional murderer to purchase permission to return home from the city of refuge before the death of the high priest, by the payment of a money compensation.

Verse 33

The Israelites were not to desecrate their land by sparing the murderer; as blood, i.e., bloodshed or murder, desecrated the land, and there was no expiation (יכפּר) to the land for the blood that was shed in it, except through the blood of the man who had shed it, i.e., through the execution of the murderer, by which justice would be satisfied.

Verse 34

And they were not to desecrate the land in which they dwelt by tolerating murderers, because Jehovah, the Holy One, dwelt in it, among the children of Israel (cf. Lev 18:25.).

Verse 1

35:1-34 The tribe of Levi received no territory, so ch 35 describes their allotment of 48 towns dispersed among the territories of Israel’s other tribes (see Josh 21; see also Lev 25:32-34; 1 Chr 13:2; 2 Chr 11:14). Just as the Levites had lived in the center of the Israelite camp during the wilderness period (cp. Num 2:17), in the Promised Land they were to live among the other tribes and have a leavening influence among them (see Deut 33:9-10; 2 Chr 17:7-9; 19:8-11; 35:3). The cities and their surrounding pastureland were not a “homeland” (cp. Num 18:23; 26:62) but only a tiny fraction of the Canaanite territory dispersed among the other tribes.

Verse 4

35:4-5 Readers have long attempted to explain the alleged contradiction between the 1,500 feet and the 3,000 feet. If the Hebrews conceived of a town as a fixed point, then the square of territory around each town would measure 3,000 feet on each side. Another solution is to see a distinction between pastureland (35:4) and larger pastureland (35:5) around the town. On the basis of this text, some Jewish interpreters restricted the distance that one could walk on the Sabbath to 3,000 feet (2,000 cubits) from home.

Verse 6

35:6-34 Six of the Levites’ towns had a special purpose as cities of refuge, places where a person who has accidentally killed someone can flee for safety. This unusual institution illustrates the humanitarian aspect of Hebrew law (see also Deut 4:41-43; 19:1-13; Josh 20). These six Levitical towns provided a safe haven in cases of accidental or involuntary manslaughter (cp. Exod 21:12-14). Just as the forty-eight Levite towns were widely distributed across Israel’s territories, the six cities of refuge were dispersed so they would be widely accessible (see Josh 20:7-8). These designated settlements supplemented the role of the altar as a temporary place of asylum (e.g., 1 Kgs 1:50-53; 2:28-34; cp. Exod 21:14). Other ancient peoples provided special places of asylum or refuge, often at the altar (see Exod 21:12-14; 1 Kgs 2:28-34), but only ancient Israel established whole settlements as places of sanctuary, reflecting a special interest in social justice.

Verse 12

35:12 protection from a dead person’s relatives who want to avenge the death: Justice was enacted through vengeance at the hand of a designated avenger, usually a relative.

Verse 15

35:15-24 The Old Testament makes a clear distinction between deliberate murder and involuntary manslaughter (35:11, 22-23; Exod 21:12-14; cp. Num 15:22-31). Murder required a penalty of execution, but an accidental death did not. The cities of refuge provided protection only for those who killed another person by accident. • The use of a weapon was proof of malicious intent.

35:15 Israelites, foreigners living among you, and traveling merchants. Anyone: The same law applied impartially to everyone; Israel had one standard of justice, not two (one for citizens, another for noncitizens), as in many societies (see also Lev 19:15; Deut 1:16-17; 1 Tim 5:21; Jas 2:2-4).

Verse 19

35:19 The avenger was the victim’s closest relative; he was responsible for putting the murderer to death, carrying out the vengeance that justice required (Gen 9:6).

Verse 22

35:22-23 Here are some instances in which a victim died but was not murdered through an intentional act of violence. The cities of refuge were created as places of safety for people who were responsible for such accidental deaths.

Verse 24

35:24-25 If the slayer was cleared of the murder charge in his trial or hearing before the community (cp. Deut 19:11-12), he had to remain in the city of refuge to which he fled, and the avenger was not supposed to seek revenge, because the slayer was not guilty of murder. • until the death of the high priest: The priest’s death probably provided a kind of expiation for the blood that had been shed; even though the slayer was innocent of murder, human bloodshed had polluted the land (Num 35:33; cp. Gen 4:10-11).

Verse 26

35:26-29 The slayer still suffered a penalty for the death he had caused since he was restricted to a city of refuge until he or the high priest died. But after the death of the high priest, the slayer was free to return to his own home, and the avenger was not to seek revenge.

Verse 30

35:30 All murderers were condemned to death, but their conviction required a high standard of evidence—the testimony of two or more witnesses (cp. Deut 17:6; 19:15).

Verse 31

35:31-32 The payment of a ransom (monetary compensation) to free a convicted murderer from execution was prohibited, since the death penalty was required (cp. 2 Sam 21:2-9). Similarly, the slayer in an involuntary manslaughter could not pay a ransom to get around his confinement in a city of refuge.

Verse 33

35:33 for murder pollutes the land: If the slayer in either a homicide or involuntary manslaughter were not dealt with as commanded, God regarded the land as polluted, because human bloodshed required death (Gen 4:10-11; 9:6; contrast Exod 21:29-30; see also Lev 18:28; Ezek 36:17-18; Hos 4:2-3). In its stern warning about the evil of murder, this entire passage highlights the absolute value of human life (Exod 20:13).

Verse 34

35:34 The Lord lived among the people of Israel even as the Tabernacle stood in the middle of the Hebrew camp (see chs 1–4). This meant that they must not defile their land by ignoring God’s commands or by failing to uphold justice (cp. 5:1-4).