11 then you shall appoint you cities to be cities of refuge for you, that the manslayer who kills any person unwittingly may flee there.
But if he thrust him suddenly without enmity, or hurled on him anything without lying in wait, or with any stone, by which a man may die, not seeing him, and cast it on him, so that he died, and he was not his enemy, neither sought his harm; then the congregation shall judge between the striker and the avenger of blood according to these ordinances; and the congregation shall deliver the manslayer out of the hand of the avenger of blood, and the congregation shall restore him to his city of refuge, where he was fled: and he shall dwell therein until the death of the high priest, who was anointed with the holy oil.
When Yahweh your God shall cut off the nations, whose land Yahweh your God gives you, and you succeed them, and dwell in their cities, and in their houses; you shall set apart three cities for you in the midst of your land, which Yahweh your God gives you to possess it. You shall prepare you the way, and divide the borders of your land, which Yahweh your God causes you to inherit, into three parts, that every manslayer may flee there. 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; 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: 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. Therefore I command you, saying, You shall set apart three cities for you. If Yahweh your God enlarge your border, as he has sworn to your fathers, and give you all the land which he promised to give to your fathers; if you shall keep all this commandment to do it, which I command you this day, to love Yahweh your God, and to walk ever in his ways; then shall you add three cities more for you, besides these three: that innocent blood not be shed in the midst of your land, which Yahweh your God gives you for an inheritance, and so blood be on you. But if any man hate his neighbor, and lie in wait for him, and rise up against him, and strike him mortally so that he dies, and he flee into one of these cities; then the elders of his city shall send and bring him there, and deliver him into the hand of the avenger of blood, that he may die. Your eye shall not pity him, but you shall put away the innocent blood from Israel, that it may go well with you.
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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.