1 And the Lord said to Moses in the lowlands of Moab by Jordan at Jericho,
2 Give orders to the children of Israel to give to the Levites, from the heritage which is theirs, towns for themselves, with land on the outskirts of the towns.
3 These towns are to be their living-places, with land round them for their cattle and their food and all their beasts,
4 Stretching from the wall of the towns a distance of a thousand cubits all round.
5 The measure of this space of land is to be two thousand cubits outside the town on the east, and two thousand cubits on the south and on the west and on the north, the town being in the middle. This space will be the outskirts of their towns.
6 And the towns which you give the Levites are to be the six safe places to which the taker of life may go in flight; and in addition you are to give them forty-two towns.
7 Forty-eight towns are to be given to the Levites, all with land round them.
8 And these towns are to be given out of the heritage of the children of Israel, taking the greater number from those who have much, and a smaller number from those who have little: everyone, in the measure of his heritage, is to give of his property to the Levites.
9 And the Lord said to Moses,
10 Say to the children of Israel, when you have gone over Jordan into the land of Canaan;
11 Then let certain towns be marked out as safe places to which anyone who takes the life of another in error may go in flight.
12 In these towns you may be safe from him who has the right of punishment; so that death may not overtake the taker of life till he has been judged by the meeting of the people.
13 Six of the towns which you give will be such safe places;
14 Three on the other side of Jordan and three in the land of Canaan, to be safe places for flight.
15 For the children of Israel and for the man from another country who is living among them, these six towns are to be safe places, where anyone causing the death of another through error may go in flight.
16 But if a man gives another man a blow with an iron instrument, causing his death, he is a taker of life and is certainly to be put to death.
17 Or if he gives him a blow with a stone in his hand, causing his death, he is a taker of life and is certainly to be put to death.
18 Or if he gave him blows with a wood instrument in his hands, causing his death, he is a taker of life and is certainly to be put to death.
19 He whose right it is to give punishment for blood, may himself put to death the taker of life when he comes face to face with him.
20 If in his hate he put a sword through him, or waiting secretly for him sent a spear or stone at him, causing his death;
21 Or in hate gave him blows with his hand, causing death; he who gave the death-blow is to be put to death; he is a taker of life: he whose right it is to give punishment for blood may put to death the taker of life when he comes face to face with him.
22 But if a man has given a wound to another suddenly and not in hate, or without design has sent something against him,
23 Or has given him a blow with a stone, without seeing him, so causing his death, though he had nothing against him and no desire to do him evil:
24 Then let the meeting of the people be judge between the man responsible for the death and him who has the right of punishment for blood, acting by these rules:
25 And let the people keep the man responsible for the death safe from the hands of him who has the right of punishment for blood, and send him back to his safe town where he had gone in flight: there let him be till the death of the high priest who was marked with the holy oil.
26 But if ever he goes outside the walls of the safe town where he had gone in flight,
27 And the giver of punishment, meeting him outside the walls of the town, puts him to death, he will not be responsible for his blood:
28 Because he had been ordered to keep inside the safe town till the death of the high priest: but after the death of the high priest the taker of life may come back to the place of his heritage.
29 These rules are to be your guide in judging through all your generations wherever you may be living.
30 Anyone causing the death of another is himself to be put to death on the word of witnesses: but the word of one witness is not enough.
31 Further, no price may be given for the life of one who has taken life and whose right reward is death: he is certainly to be put to death.
32 And no price may be offered for one who has gone in flight to a safe town, for the purpose of letting him come back to his place before the death of the high priest.
33 So do not make the land where you are living unholy: for blood makes the land unholy: and there is no way of making the land free from the blood which has come on it, but only by the death of him who was the cause of it.
34 Do not make unclean the land where you are living and in which is my House: for I the Lord am present among the children of Israel.
Worthy.Bible » Commentaries » Commentary Critical and Explanatory on the Whole Bible » Commentary on Numbers 35
Commentary on Numbers 35 Commentary Critical and Explanatory on the Whole Bible
CHAPTER 35
Nu 35:1-5. Eight and Forty Cities Given to the Levites.
2. give unto the Levites of the inheritance of their possession cities to dwell in—As the Levites were to have no territorial domain allocated to them like the other tribes on the conquest of Canaan, they were to be distributed throughout the land in certain cities appropriated to their use; and these cities were to be surrounded by extensive suburbs. There is an apparent discrepancy between Nu 35:4 and Nu 35:5, with regard to the extent of these suburbs; but the statements in the two verses refer to totally different things—the one to the extent of the suburbs from the walls of the city, the other to the space of two thousand cubits from their extremity. In point of fact, there was an extent of ground, amounting to three thousand cubits, measured from the wall of the city. One thousand were most probably occupied with outhouses for the accommodation of shepherds and other servants, with gardens, vineyards, or oliveyards. And these which were portioned out to different families (1Ch 6:60) might be sold by one Levite to another, but not to any individual of another tribe (Jer 32:7). The other two thousand cubits remained a common for the pasturing of cattle (Le 25:34) and, considering their number, that space would be fully required.
Nu 35:6-8. Cities of Refuge.
6. 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 De 4:43; Jos 20:8).
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 Nu 33:54; Jos 20:7).
Nu 35:9-34. The Blood Avenger.
11. 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 (Ge 4:14; 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.
16-21. 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.
22-28. 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.
29-34. 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.