13 And if a man lie not in wait, but God deliver him into his hand; then I will appoint thee a place whither he shall flee.
Speak to the children of Israel, saying, Appoint out for you cities of refuge, whereof I spake unto you by the hand of Moses: That the slayer that killeth any person unawares and unwittingly may flee thither: and they shall be your refuge from the avenger of blood. And when he that doth flee unto one of those cities shall stand at the entering of the gate of the city, and shall declare his cause in the ears of the elders of that city, they shall take him into the city unto them, and give him a place, that he may dwell among them. And if the avenger of blood pursue after him, then they shall not deliver the slayer up into his hand; because he smote his neighbor unwittingly, and hated him not beforetime. And he shall dwell in that city, until he stand before the congregation for judgment, and until the death of the high priest that shall be in those days: then shall the slayer return, and come unto his own city, and unto his own house, unto the city from whence he fled. And they appointed Kedesh in Galilee in mount Naphtali, and Shechem in mount Ephraim, and Kirjatharba, which is Hebron, in the mountain of Judah. And on the other side Jordan by Jericho eastward, they assigned Bezer in the wilderness upon the plain 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. These were the cities appointed for all the children of Israel, and for the stranger that sojourneth among them, that whosoever killeth any person at unawares might flee thither, and not die by the hand of the avenger of blood, until he stood before the congregation.
Then Moses severed three cities on this side Jordan toward the sunrising; That the slayer might flee thither, which should kill his neighbor unawares, and hated him not in times past; and that fleeing unto one of these cities he might live: Namely, Bezer in the wilderness, in the plain country, of the Reubenites; and Ramoth in Gilead, of the Gadites; and Golan in Bashan, of the Manassites.
Speak unto the children of Israel, and say unto them, When ye be come over Jordan into the land of Canaan; Then ye shall appoint you cities to be cities of refuge for you; that the slayer may flee thither, which killeth any person at unawares. And they shall be unto you cities for refuge from the avenger; that the manslayer die not, until he stand before the congregation in judgment. And of these cities which ye shall give six cities shall ye have for refuge. Ye shall give three cities on this side Jordan, and three cities shall ye give in the land of Canaan, which shall be cities of refuge. These six cities shall be a refuge, both for the children of Israel, and for the stranger, and for the sojourner among them: that every one that killeth any person unawares may flee thither. And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death. And if he smite him with throwing a stone, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death. Or if he smite him with an hand weapon of wood, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death. The revenger of blood himself shall slay the murderer: when he meeteth him, he shall slay him. But if he thrust him of hatred, or hurl at him by laying of wait, that he die; Or in enmity smite him with his hand, that he die: he that smote him shall surely be put to death; for he is a murderer: the revenger of blood shall slay the murderer, when he meeteth him. But if he thrust him suddenly without enmity, or have cast upon him any thing without laying of wait, Or with any stone, wherewith a man may die, seeing him not, and cast it upon him, that he die, and was not his enemy, neither sought his harm: Then the congregation shall judge between the slayer and the revenger of blood according to these judgments: And the congregation shall deliver the slayer out of the hand of the revenger of blood, and the congregation shall restore him to the city of his refuge, whither he was fled: and he shall abide in it unto the death of the high priest, which was anointed with the holy oil. But if the slayer shall at any time come without the border of the city of his refuge, whither he was fled; And the revenger of blood find him without the borders of the city of his refuge, and the revenger of blood kill the slayer; he shall not be guilty of blood: Because he should have remained in the city of his refuge until the death of the high priest: but after the death of the high priest the slayer shall return into the land of his possession. So these things shall be for a statute of judgment unto you throughout your generations in all your dwellings. Whoso killeth any person, the murderer shall be put to death by the mouth of witnesses: but one witness shall not testify against any person to cause him to die. Moreover ye shall take no satisfaction for the life of a murderer, which is guilty of death: but he shall be surely put to death. And ye shall take no satisfaction for him that is fled to the city of his refuge, that he should come again to dwell in the land, until the death of the priest. So ye shall not pollute the land wherein ye are: for blood it defileth the land: and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it. Defile not therefore the land which ye shall inhabit, wherein I dwell: for I the LORD dwell among the children of Israel.
When the LORD thy God hath cut off the nations, whose land the LORD thy God giveth thee, and thou succeedest them, and dwellest in their cities, and in their houses; Thou shalt separate three cities for thee in the midst of thy land, which the LORD thy God giveth thee to possess it. Thou shalt prepare thee a way, and divide the coasts of thy land, which the LORD thy God giveth thee to inherit, into three parts, that every slayer may flee thither. And this is the case of the slayer, which shall flee thither, that he may live: Whoso killeth his neighbor ignorantly, whom he hated not in time past; As when a man goeth into the wood with his neighbor to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head slippeth from the helve, and lighteth upon his neighbor, that he die; he shall flee unto one of those cities, and live: Lest the avenger of the blood pursue the slayer, while his heart is hot, and overtake him, because the way is long, and slay him; whereas he was not worthy of death, inasmuch as he hated him not in time past. Wherefore I command thee, saying, Thou shalt separate three cities for thee. And if the LORD thy God enlarge thy coast, as he hath sworn unto thy fathers, and give thee all the land which he promised to give unto thy fathers; If thou shalt keep all these commandments to do them, which I command thee this day, to love the LORD thy God, and to walk ever in his ways; then shalt thou add three cities more for thee, beside these three: That innocent blood be not shed in thy land, which the LORD thy God giveth thee for an inheritance, and so blood be upon thee. But if any man hate his neighbor, and lie in wait for him, and rise up against him, and smite him mortally that he die, and fleeth into one of these cities: Then the elders of his city shall send and fetch him thence, and deliver him into the hand of the avenger of blood, that he may die. Thine eye shall not pity him, but thou shalt put away the guilt of innocent blood from Israel, that it may go well with thee.
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Commentary on Exodus 21 Commentary Critical and Explanatory on the Whole Bible
CHAPTER 21
Ex 21:1-6. Laws for Menservants.
1. judgments—rules for regulating the procedure of judges and magistrates in the decision of cases and the trial of criminals. The government of the Israelites being a theocracy, those public authorities were the servants of the Divine Sovereign, and subject to His direction. Most of these laws here noticed were primitive usages, founded on principles of natural equity, and incorporated, with modifications and improvements, in the Mosaic code.
2-6. If thou buy an Hebrew servant—Every Israelite was free-born; but slavery was permitted under certain restrictions. An Hebrew might be made a slave through poverty, debt, or crime; but at the end of six years he was entitled to freedom, and his wife, if she had voluntarily shared his state of bondage, also obtained release. Should he, however, have married a female slave, she and the children, after the husband's liberation, remained the master's property; and if, through attachment to his family, the Hebrew chose to forfeit his privilege and abide as he was, a formal process was gone through in a public court, and a brand of servitude stamped on his ear (Ps 40:6) for life, or at least till the Jubilee (De 15:17).
Ex 21:7-36. Laws for Maidservants.
7-11. if a man sell his daughter—Hebrew girls might be redeemed for a reasonable sum. But in the event of her parents or friends being unable to pay the redemption money, her owner was not at liberty to sell her elsewhere. Should she have been betrothed to him or his son, and either change their minds, a maintenance must be provided for her suitable to her condition as his intended wife, or her freedom instantly granted.
23-25. eye for eye—The law which authorized retaliation (a principle acted upon by all primitive people) was a civil one. It was given to regulate the procedure of the public magistrate in determining the amount of compensation in every case of injury, but did not encourage feelings of private revenge. The later Jews, however, mistook it for a moral precept, and were corrected by our Lord (Mt 5:38-42).
28-36. If an ox gore a man or a woman, that they die—For the purpose of sanctifying human blood, and representing all injuries affecting life in a serious light, an animal that occasioned death was to be killed or suffer punishment proportioned to the degree of damage it had caused. Punishments are still inflicted on this principle in Persia and other countries of the East; and among a rude people greater effect is thus produced in inspiring caution, and making them keep noxious animals under restraint, than a penalty imposed on the owners.
30. If there be laid on him a sum of money, &c.—Blood fines are common among the Arabs as they were once general throughout the East. This is the only case where a money compensation, instead of capital punishment, was expressly allowed in the Mosaic law.