12 Then the elders H2205 of his city H5892 shall send H7971 and fetch H3947 him thence, and deliver H5414 him into the hand H3027 of the avenger H1350 of blood, H1818 that he may die. H4191
Moreover thou knowest H3045 also what Joab H3097 the son H1121 of Zeruiah H6870 did H6213 to me, and what he did H6213 to the two H8147 captains H8269 of the hosts H6635 of Israel, H3478 unto Abner H74 the son H1121 of Ner, H5369 and unto Amasa H6021 the son H1121 of Jether, H3500 whom he slew, H2026 and shed H7760 the blood H1818 of war H4421 in peace, H7965 and put H5414 the blood H1818 of war H4421 upon his girdle H2290 that was about his loins, H4975 and in his shoes H5275 that were on his feet. H7272 Do H6213 therefore according to thy wisdom, H2451 and let not his hoar head H7872 go down H3381 to the grave H7585 in peace. H7965
Then tidings H8052 came H935 to Joab: H3097 for Joab H3097 had turned H5186 after H310 Adonijah, H138 though he turned H5186 not after H310 Absalom. H53 And Joab H3097 fled H5127 unto the tabernacle H168 of the LORD, H3068 and caught hold H2388 on the horns H7161 of the altar. H4196 And it was told H5046 king H4428 Solomon H8010 that Joab H3097 was fled H5127 unto the tabernacle H168 of the LORD; H3068 and, behold, he is by H681 the altar. H4196 Then Solomon H8010 sent H7971 Benaiah H1141 the son H1121 of Jehoiada, H3077 saying, H559 Go, H3212 fall H6293 upon him. And Benaiah H1141 came H935 to the tabernacle H168 of the LORD, H3068 and said H559 unto him, Thus saith H559 the king, H4428 Come forth. H3318 And he said, H559 Nay; but I will die H4191 here. And Benaiah H1141 brought H7725 the king H4428 word H1697 again, H7725 saying, H559 Thus said H1696 Joab, H3097 and thus he answered H6030 me. And the king H4428 said H559 unto him, Do H6213 as he hath said, H1696 and fall H6293 upon him, and bury H6912 him; that thou mayest take away H5493 the innocent H2600 blood, H1818 which Joab H3097 shed, H8210 from me, and from the house H1004 of my father. H1 And the LORD H3068 shall return H7725 his blood H1818 upon his own head, H7218 who fell H6293 upon two H8147 men H582 more righteous H6662 and better H2896 than he, and slew H2026 them with the sword, H2719 my father H1 David H1732 not knowing H3045 thereof, to wit, Abner H74 the son H1121 of Ner, H5369 captain H8269 of the host H6635 of Israel, H3478 and Amasa H6021 the son H1121 of Jether, H3500 captain H8269 of the host H6635 of Judah. H3063 Their blood H1818 shall therefore return H7725 upon the head H7218 of Joab, H3097 and upon the head H7218 of his seed H2233 for ever: H5769 but upon David, H1732 and upon his seed, H2233 and upon his house, H1004 and upon his throne, H3678 shall there be peace H7965 for H5704 ever H5769 from the LORD. H3068 So Benaiah H1141 the son H1121 of Jehoiada H3077 went up, H5927 and fell H6293 upon him, and slew H4191 him: and he was buried H6912 in his own house H1004 in the wilderness. H4057
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.