4 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;
5 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:
6 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.
7 Wherefore I command thee, saying, Thou shalt separate three cities for thee.
4 And this is the case H1697 of the slayer, H7523 which shall flee H5127 thither, that he may live: H2425 Whoso killeth H5221 his neighbour H7453 ignorantly, H1097 H1847 whom he hated H8130 not in time H8543 past; H8032
5 As when a man goeth H935 into the wood H3293 with his neighbour H7453 to hew H2404 wood, H6086 and his hand H3027 fetcheth a stroke H5080 with the axe H1631 to cut down H3772 the tree, H6086 and the head H1270 slippeth H5394 from the helve, H6086 and lighteth H4672 upon his neighbour, H7453 that he die; H4191 he shall flee H5127 unto one H259 of those cities, H5892 and live: H2425
6 Lest the avenger H1350 of the blood H1818 pursue H7291 the slayer, H310 H7523 while H3588 his heart H3824 is hot, H3179 and overtake H5381 him, because the way H1870 is long, H7235 and slay H5221 him; H5315 whereas he was not worthy H4941 of death, H4194 inasmuch as H3588 he hated H8130 him not in time H8543 past. H8032
7 Wherefore I command H6680 thee, saying, H559 Thou shalt separate H914 three H7969 cities H5892 for thee.
4 And this is the case of the manslayer, that shall flee thither and live: whoso killeth his neighbor unawares, and hated him not in time past;
5 as when a man goeth into the forest 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, so that he dieth; he shall flee unto one of these cities and live:
6 lest the avenger of blood pursue the manslayer, while his heart is hot, and overtake him, because the way is long, and smite him mortally; whereas he was not worthy of death, inasmuch as he hated him not in time past.
7 Wherefore I command thee, saying, Thou shalt set apart three cities for thee.
4 `And this `is' the matter of the man-slayer who fleeth thither, and hath lived: He who smiteth his neighbour unknowingly, and is not hating him heretofore,
5 even he who cometh in with his neighbour into a forest to hew wood, and his hand hath driven with an axe to cut the tree, and the iron hath slipped from the wood, and hath met his neighbour, and he hath died -- he doth flee unto one of these cities, and hath lived,
6 lest the redeemer of blood pursue after the man-slayer when his heart is hot, and hath overtaken him (because the way is great), and hath smitten him -- the life, and he hath no sentence of death, for he is not hating him heretofore;
7 therefore I am commanding thee, saying, Three cities thou dost separate to thee.
4 And this is the case of the slayer who shall flee thither that he may live: he that smiteth his neighbour unwittingly, whom he hated not previously;
5 as when he 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 from the handle, and lighteth upon his neighbour, that he die; such an one shall flee unto one of these cities, and live;
6 lest the avenger of blood pursue the manslayer, while his heart is hot, and overtake him, because the way is long, and smite him mortally; whereas he was not worthy of death, since he hated him not previously.
7 Therefore I command thee, saying, Thou shalt separate three cities for thyself.
4 This is the case of the manslayer, that shall flee there and live: whoever kills his neighbor unawares, and didn't hate him in time past;
5 as when a man goes into the forest with his neighbor to hew wood, and his hand fetches a stroke with the axe to cut down the tree, and the head slips from the handle, and lights on his neighbor, so that he dies; he shall flee to one of these cities and live:
6 lest the avenger of blood pursue the manslayer, while his heart is hot, and overtake him, because the way is long, and strike him mortally; whereas he was not worthy of death, inasmuch as he didn't hate him in time past.
7 Therefore I command you, saying, You shall set apart three cities for you.
4 This is to be the rule for anyone who goes in flight there, after causing the death of his neighbour in error and not through hate;
5 For example, if a man goes into the woods with his neighbour for the purpose of cutting down trees, and when he takes his axe to give a blow to the tree, the head of the axe comes off, and falling on to his neighbour gives him a wound causing his death; then the man may go in flight to one of these towns and be safe:
6 For if not, he who has the right of punishment may go running after the taker of life in the heat of his wrath, and overtake him because the way is long, and give him a death-blow; though it is not right for him to be put to death because he was not moved by hate.
7 And so I am ordering you to see that three towns are marked out for this purpose.
Worthy.Bible » Commentaries » Keil & Delitzsch Commentary » Commentary on Deuteronomy 19
Commentary on Deuteronomy 19 Keil & Delitzsch Commentary
Laws Concerning the Cities of Refuge, the Sacredness of Landmarks,and the Punishment of False Witnesses - Deuteronomy 19
After laying down the most important features in the national constitution, Moses glances at the manifold circumstances of civil and family life, and notices in this and the two following chapters the different ways in which the lives of individuals might be endangered, for the purpose of awakening in the minds of the people a holy reverence for human life.
The laws concerning the Cities of Refuge for Unintentional Manslayers are not a mere repetition of the laws given in Num 35:9-34, but rather an admonition to carry out those laws, with special reference to the future extension of the boundaries of the land.
Deuteronomy 19:1-9
As Moses had already set apart the cities of refuge for the land on the east of the Jordan (Deuteronomy 4:41.), he is speaking here simply of the land on the west, which Israel was to take possession of before long; and supplements the instructions in Numbers 35:14, with directions to maintain the roads to the cities of refuge which were to be set apart in Canaan itself, and to divide the land into three parts, viz., for the purpose of setting apart these cities, so that one city might be chosen for the purpose in every third of the land. For further remarks on this point, as well as with regard to the use of these cities (Deuteronomy 19:4-7), see at Numbers 35:11. - In Deuteronomy 19:8-10 there follow the fresh instructions, that if the Lord should extend the borders of Israel, according to His promise given to the patriarchs, and should give them the whole land from the Nile to the Euphrates, according to Genesis 15:18, they were to add three other cities of refuge to these three, for the purpose of preventing the shedding of innocent blood. The three new cities of refuge cannot be the three appointed in Numbers 35:14 for the land on this side of the Jordan, nor the three mentioned in Numbers 35:7 on the other side of Jordan, as Knobel and others suppose. Nor can we adopt Hengstenberg's view, that the three new ones are the same as the three mentioned in Deuteronomy 19:2 and Deuteronomy 19:7, since they are expressly distinguished from “ these three.” The meaning is altogether a different one. The circumstances supposed by Moses never existed, since the Israelites did not fulfil the conditions laid down in Deuteronomy 19:9, viz., that they should keep the law faithfully, and love the Lord their God (cf. Deuteronomy 4:6; Deuteronomy 6:5, etc.). The extension of the power of Israel to the Euphrates under David and Solomon, did not bring the land as far as this river into their actual possession, since the conquered kingdoms of Aram were still inhabited by the Aramaeans, who, though conquered, were only rendered tributary. And the Tyrians and Phoenicians, who belonged to the Canaanitish population, were not even attacked by David.
Deuteronomy 19:10
Innocent blood would be shed if the unintentional manslayer was not protected against the avenger of blood, by the erection of cities of refuge in every part of the land. If Israel neglected this duty, it would bring blood-guiltiness upon itself (“ and so blood be upon thee ”), because it had not done what was requisite to prevent the shedding of innocent blood.
Deuteronomy 19:11-13
But whatever care was to be taken by means of free cities to prevent the shedding of blood, the cities of refuge were not to be asyla for criminals who were deserving of death, nor to afford protection to those who had slain a neighbour out of hatred. If such murderers should flee to the free city, the elders (magistrates) of his own town were to fetch him out, and deliver him up to the avenger of blood, that he might die. The law laid down in Numbers 35:16-21 is here still more minutely defined; but this does not transfer to the elders the duty of instituting a judicial inquiry, and deciding the matter, as Riehm follows Vater and De Wette in maintaining, for the purpose of proving that there is a discrepancy between Deuteronomy and the previous legislation. They are simply commanded to perform the duty devolving upon them as magistrates and administrators of local affairs. (On Deuteronomy 19:13, see Deuteronomy 8:8 and Deuteronomy 8:5.)
The prohibition against Removing a Neighbour's Landmark, which his ancestors had placed, is inserted here, not because landmarks were of special importance in relation to the free cities, and the removal of them might possibly be fatal to the unintentional manslayer (as Clericus and Rosenm
The Punishment of a False Witness. - To secure life and property against false accusations, Moses lays down the law in Deuteronomy 19:15, that one witness only was not “to rise up against any one with reference to any crime or sin, with every sin that one commits” (i.e., to appear before a court of justice, or be accepted as sufficient), but everything was to be established upon the testimony of two or three witnesses. The rule laid down in Deuteronomy 17:6 and Numbers 35:30 for capital crimes, is raised hereby into a law of general application (see at Numbers 35:30). קוּם (in Deuteronomy 19:15 ), to stand, i.e., to acquire legal force. - But as it was not always possible to bring forward two or three witnesses, and the statement of one witness could not well be disregarded, in Deuteronomy 19:16-18 Moses refers accusations of this kind to the higher tribunal at the sanctuary for investigation and decision, and appoints the same punishment for a false witness, which would have fallen upon the person accused, if he had been convicted of the crime with which he was charged. סרה בּו לענות , “ to testify against his departure ,” sc., from the law of God, not merely falling away into idolatry (Deuteronomy 13:6), but any kind of crime, as we may gather from Deuteronomy 19:19, which would be visited with capital punishment.
The two men between whom the dispute lay, the accused and the witness, were to come before Jehovah, viz., before the priests and judges who should be in those days - namely, at the place of the sanctuary, where Jehovah dwelt among His people (cf. Deuteronomy 17:9), and not before the local courts, as Knobel supposes. These judges were to investigate the case most thoroughly (cf. Deuteronomy 13:15); and if the witness had spoken lies, they were to do to him as he thought to do to his brother. The words from “ behold ” to “ his brother ” are parenthetical circumstantial clauses: “ And, behold, is the witness a false witness, has he spoken a lie against his brother? Ye shall do, ” etc. זמם , generally to meditate evil. On Deuteronomy 19:20, see Deuteronomy 13:12.
The lex talionis was to be applied without reserve (see at Exodus 21:23; Leviticus 24:20). According to Diod. Sic. (i. 77), the same law existed in Egypt with reference to false accusers.