Numbers 35:9–29

Numbers 35:9-34 9. And the Lord spoke unto Moses, saying, 9. Et locutus est Jehova ad Mosen dicendo: 10. Speak unto the children of Israel, and say unto them, When ye be come over Jordan into the land of Canaan, 10. Alloquere filios Israel, et dicas eis, Quum transieritis Jordanem in terra Chanaan, 11. 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. 11. Constituetis vobis urbes: urbes autem refugii erunt vobis, quo fugiet homicida qui percusserit aliquem per errorem. 12. 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. 12. Et erunt vobis urbes illae in refugium a propinquo, et non morietur homicida, donec steterit ipse ante congregationem adjudicium. 13. And of these cities which ye shall give, six cities shall ye have for refuge. 13. Et ex urbibus quas dabitis, sex urbes refugii erunt vobis. 14. 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. 14. Tres urbes dabitis citra Jordanem, et tres urbes dabitis in terra Chanaan: urbes refugii erunt. 15. 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. 15. Filiis Israel, et peregrino, et incolae in medio eorum, erunt sex urbes illae refugium, ut fugiat illuc quicunque percusserit aliquem per errorem. 16. And if he smite him with an instrument of iron, so that lie die, he is a murderer: the murderer shall surely be put to death. 16. Si instrumento ferreo percusserit eum, et mortuus fuerit, homicida est: moriendo morietur homicida. 17. 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. 17. Si vero lapide manus, quo moriatur, percusserit eum, et mortuus fuerit, homicida est: moriendo morietur homicida. 18. 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. 18. Aut instrumento ligneo manus, quo moriatur, percusserit eum, et mortuus fuerit, homicida est: moriendo morietur homicida. 19. The revenger of blood himself shall slay the murderer: when he meeteth him, he shall slay him. 19. Propinquus sanguinis ipse interficiet homicidam: quum ipse obviaverit illi, ipse interficiet eum. 20. But if he thrust him of hatred, or hurl at him by laying of wait, that he die; 20. Si per odium, inquam, impulerit eum, aut projecerit aliquid in eum per insidias, et mortuus fuerit. 21. 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. 21. Aut per inimicitiam percusserit eum manu sua, mortuusque fuerit: moriendo morietur percussor, homicida est: propinquus sanguinis interficiet homicidam quum ipse occurrerit illi. 22. But if he thrust him suddenly without enmity, or have cast upon him ally thing without laying of wait; 22. Si autem casu absque inimicitiis impulerit eum, vel projecerit in eum quodvis instrumentum absque insidiis. 23. 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; 23. Aut quemvis lapidem quo moriatur quem prius non videbat, et cadere fecerit super illum, mortuusque fuerit, et ipse non erat inimicus, neque quaerebat malum ejus; 24. Then the congregation shall judge between the slayer and the revenger of blood according to these judgments: 24. Tunc judicabit congregatio inter percussorem et propinquum sanguinis secundum judicia ista. 25. 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. 25. Et eruet congregatio homicidam e manu propinqui sanguinis, et reverti faciet eum congregatio ad urbem refugii sui ad quam confugerat: habitabitque in ea donec moriatur sacerdos magnus qui unctus est oleo sanctitatis. 26. But if the slayer shall at any time come without the border of the city of his refuge, whither he was fled; 26. Quod si egrediendo egressus fuerit homicida terminum urbis refugii sui ad quam confugerat: 27. 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: 27. Et invenerit eum propinquus sanguinis extra terminum urbis refugii sui, atque occiderit propinquus ille homicidam: non erit obnoxius morti. 28. 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. 28. In civitate enim refugii sui habitabit donec moriatur sacerdos magnus: posteaquam autem mortuus fuerit sacerdos magnus, revertetur homicida in terram possessionis suae. 29. So these things shall be for a statute of judgment unto you throughout your generations, in all your dwellings. 29. Et erunt ista vobis in statutum judicii per generationes vestras, in omnibus habitationibus vestris. 30. 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. 30. Quicunque percusserit aliquem, ad verbum testium occidet homicidam: solus enim testis non testificabitur in animam ut moriatur. 31. 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. 31. Neque accipietis pretium pro anima homicidae qui est sceleratus, ut moriatur: sed moriendo morietur. 32. 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. 32. Sed nec accipietis pretium ut fugiat ad urbem refugii sui, ut revertatur habitare in ea terra donec moriatur sacerdos. 33. 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. 33. Et non polluetis terram in qua fueritis, quia sanguis iste polluet terram: neque terra expiabitur propter sanguinem qui effusus est in ea nisi per sanguinem illius qui effudit illum. 34. Defile not therefore the land which ye shall inhabit, wherein I:dwell: for I the Lord dwell among the children of Israel. 34. Ne ergo polluatis terram in qua habitatis, et in cujus medio ego habito: ego enim Jehova habito in medio filiorum Israel. 10. Speak unto the children of Israel God appointed the cities of refuge, not only to make distinction between sills of malice and error, but also lest innocent blood should be rashly shed. Thus far we have seen how severely He would have murder punished: but, inasmuch as it would have been by no means just that he, who had not willfully but accidentally killed his neighbor, should be hurried away to the same punishment, to which willful murderers were subjected, an exception is added here, in order that he might escape who had killed another ignorantly, and unintentionally. Although, as has been said, God had a, further object, viz., lest murder upon murder should be committed, and the land should thus be polluted. Let us now examine the details in order. Although at the outset He only mentions the cities on the other side of Jordan, still we gather from what follows, that six cities were chosen for this purpose, of which three were on this side Jordan. He would have them so situated, that every part of the country should have one of them in its neighborhood, lest the exile of the unhappy persons, who were guiltless, should be rendered more painful by the distance they would have to travel. We have already briefly pointed out [52] that these cities were to be in the portions of Levi, in order that the dignity of the priesthood might the better protect the exiles, and also, because it was probable that there would be more prudence and serious feeling in the Levites, so that the refuge accorded to the innocent should not also shield the guilty. 16. And if he smite him with an instrument of iron. God appears to contradict Himself, when, a little further on, He absolves involuntary murderers, although they may have inflicted the wound with iron or with a stone; whilst here He absolutely declares that whosoever shall smite another with wood, or iron, or a stone, shall be guilty of death; but this is easily explained if we consider his meaning; for, after having pardoned the unintentional act (errori,) lest [53] any should misconstrue this as affording impunity for crime, He at once anticipates them, and again inculcates what has been said before. By the express mention of iron, wood, and stone, He more dearly explains that no voluntary murders are to be pardoned; else, as laws are wont to be evaded by various subtleties, they would have endeavored, perhaps, to limit what had been said respecting the punishment of murderers to one single species of murder, viz., when a person had been slain with a sword. It is not, then, without cause that God condemns to death every kind of murderer, whether he have committed the crime with a weapon (of iron,) or by throwing a stone, or with a dub; since it is sufficient for his condemnation that he had conceived the intention to do the evil act. It is well known that [54] by the Lex Cornelia, whosoever had carried a weapon with the intention of killing a man was guilty; and Martianus cites the reply of Adrian, -- He who has killed a man, if he did it not with the intention of killing him, may be absolved; and he who has not killed a man, but has wounded him with intention to kill him, is to be condemned as a murderer; as Paulus also teaches, that in the said Lex Cornelia, the evil intention (dolus) is taken for the deed. Another reply of Adrian is very true, That in crimes, the will and not the result must be regarded. Whence that saying of Ulpian, That there is no difference between the man who kills, and him who causes the death of another. Here, therefore, God had no other object than to cut off from murderers all handles for subterfuge, if they should be convicted of a wicked intention, especially when it resulted in an actual attempt; since there was no difference whether they had made use of a sword, or a mallet, or a stone. 19. The revenger [55] of blood himself. When God commanded that murderers should suffer death, He required that they should be condemned by the judges after due trial; but it seems to savor somewhat of barbarism, that he should now permit the relative of the dead man to take vengeance; for it is a very bad precedent to give the power of the sword to private individuals, and this too in their own cause. It; was indeed formerly permitted, as we shall see in its proper place, to put to death robbers by night, as also it was lawful for the husband, or the father, of a ravished woman to kill the adulterer caught in the fact; but it is absurd that the law should allow a person to avenge the death of his brother. But it is not to be supposed that this license was ever accorded by God, that a man might neglect the public authorities, and inflict punishment on his brothers murderer, wherever he should meet him; for this would have been to give the reins to sudden anger, so that blood would be added to blood. Wherefore it is probable that the danger of this is here denounced, rather than the gate opened to private vengeance; as if it had been said, that unless a provision were made for the innocent, the fury of those whose kindred had been slain, could hardly b…

THE BLOOD AVENGER. (Num. 35:9-34) 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 (Gen 4:14; Gen 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.

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.

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.

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. Next: Numbers Chapter 36

We have here the orders given concerning the cities of refuge, fitly annexed to what goes before, because they were all Levites' cities. In this part of the constitution there is a great deal both of good law and pure gospel. I. Here is a great deal of good law, in the case of murder and manslaughter, a case of which the laws of all nations have taken particular cognizance. It is here enacted and provided, consonant to natural equity, 1. That wilful murder should be punished with death, and in that case no sanctuary should be allowed, no ransom taken, nor any commutation of the punishment accepted: The murderer shall surely be put to death, v. 16. It is supposed to be done of hatred (v. 20), or in enmity (v. 21), upon a sudden provocation (for our Saviour makes rash anger, as well as malice prepense, to be murder, Matt. v. 21, 22), whether the person be murdered with an instrument of iron (v. 16) or wood (v. 18), or with a stone thrown at him (v. 17, 20); nay, if he smite him with his hand in enmity, and death ensue, it is murder (v. 21); and it was an ancient law, consonant to the law of nature, that whoso sheds man's blood, by man shall his blood be shed, Gen. ix. 6. Where wrong has been done restitution must be made; and, since the murderer cannot restore the life he has wrongfully taken away, his own must be exacted from him in lieu of it, not (as some have fancied) to satisfy the manes or ghost of the person slain, but to satisfy the law and the justice of a nation; and to be a warning to all others not to do likewise. It is here said, and it is well worthy the consideration of all princes and states, that blood defiles not only the conscience of the murderer, who is thereby proved not to have eternal life abiding in him (1 John iii. 15), but also the land in which it is shed; so very offensive is it to God and all good men, and the worst of nuisances. And it is added that the land cannot be cleansed from the blood of the murdered, but by the blood of the murderer, v. 33. If murderers escape punishment from men, those that suffer them to escape will have a great deal to answer for, and God will nevertheless not suffer them to escape his righteous judgments. Upon the same principle it is provided that no satisfaction should be taken for the life of a murderer (v. 31): If a man would give all the substance of his house to the judges, to the country, or to the avenger of blood, to atone for his crime, it must utterly be contemned. The redemption of the life is so precious that it cannot be obtained by the multitude of riches (Ps. xlix. 6-8), which perhaps may allude to this law. A rule of law comes in here (which is a rule of our law in cases of treason only) that no man shall be put to death upon the testimony of one witness, but it was necessary there should be two (v. 30); this law is settled in all capital cases, Deut. xvii. 6; xix. 15. And, lastly, not only the prosecution, but the execution, of the murderer, is committed to the next of kin, who, as he was to be the redeemer of his kinsman's estate if it were mortgaged, so he was to be the avenger of his blood if he were murdered (v. 19): The avenger of blood himself shall slay the murderer, if he be convicted by the notorious evidence of the fact, and he needed not to have recourse by a judicial process to the court of judgment. But if it were uncertain who the murderer was, and the proof doubtful, we cannot think that his bare suspicion, or surmise, would empower him to do that which the judges themselves could not do but upon the testimony of two witnesses. Only if the fact were plain then the next heir of the person slain might himself, in a just indignation, slay the murderer wherever he met him. Some think this must be understood to be after the lawful judgment of the magistrate, and so the Chaldee says, "He shall slay him, when he shall be condemned unto him by judgment;" but it should seem, by v. 24, that the judges interposed only in a doubtful case, and that if the person on whom he took vengeance was indeed the murderer, and a wilful murderer, the avenger was innocent (v. 27), only, if it proved otherwise, it was at his peril. Our law allows an appeal to be brought against a murderer by the widow, or next heir, of the person murdered, yea, though the murderer have been acquitted upon an indictment; and, if the murderer be found guilty upon that appeal, execution shall be awarded at the suit of the appellant, who may properly be called the avenger of blood. 2. But if the homicide was not voluntary, nor done designedly, if it was without enmity, or lying in wait (v. 22), not seeing the person or not seeking his harm (v. 23), which our law calls chance-medley, or homicide per infortunium—through misfortune, in this case there were cities of refuge appointed for the manslayer to flee to. By our law this incurs a forfeiture of goods, but a pardon is granted of course upon the special matter found. Concerning the cities of refuge the law was, (1.) That, if a man killed another, in these cities he was safe, and under the protection of the law, till he had his trial before the congregation, that is, before the judges in open court. If he neglected thus to surrender himself, it was at his peril; if the avenger of blood met him elsewhere, or overtook him loitering in his way to the city of refuge, and slew him, his blood was upon his own head, because he did not make use of the security which God had provided for him. (2.) If, upon trial, it were found to be willful murder, the city of refuge should no longer be a protection to him; it was already determined: Thou shalt take him from my altar, that he may die, Exod. xxi. 14. (3.) But if it were found to be by error or accident, and that the stroke was given without any design upon the life of the person slain or any other, then the man-slayer should continue safe in the city of refuge, and the avenger of blood might not meddle with him, v. 25. There he was to remain in banishment from his own house and patrimony till the death of the high priest; and, if at any time he went out of that city or the suburbs of it, he put himself out of the protection of the law, and the avenger of blood, if he met him, might slay him, v. 26-28. Now, [1.] By the preservation of the life of the man-slayer God would teach us that men ought not to suffer for that which is rather their unhappiness than their crime, rather the act of Providence than their own act, for God delivered him into his hand, Exod. xxi. 13. [2.] By the banishment of the man-slayer from his own city, and his confinement to the city of refuge, where he was in a manner a prisoner, God would teach us to conceive a dread and horror of the guilt of blood, and to be very careful of life, and always afraid lest by oversight or negligence we occasion the death of any. [3.] By the limiting of the time of the offender's banishment to the death of the high priest, an honour was put upon that sacred office. The high priest was to be looked upon as so great a blessing to his country that when he died their sorrow upon that occasion should swallow up all other resentments. The cities of refuge being all of them Levites' cities, and the high priest being the head of that tribe, and consequently having a peculiar dominion over these cites, those that were confined to them might properly be looked upon as his prisoners, and so his death must be their discharge; it was, as it were, at his suit that the delinquent was imprisoned, and therefore at his death it fell. Actio moritur cum persona—The suit expires with the party. Anisworth has another notion of it, That as the high priests, while they lived, by their service and sacrificing made atonement for sin, wherein they prefigured Christ's satisfaction, so, at their death, those were released that had been exiled for casual murder, which typified redemption in Israel. [4.] By the abandoning of the prisoner to the avenger of blood, in case he at any time went out of the limits of the city of refuge, they were taught to adhere to the methods which Infinite Wisdom prescribed for their security. It was for the honour of a remedial law that it should be so strictly observed. How can we expect to be saved if we neglect the salvation, which is indeed a great salvation! II. Here is a great deal of good gospel couched under the type and figure of the cities of refuge; and to them the apostle seems to allude when he speaks of our fleeing for refuge to the hope set before is (Heb. vi. 18), and being found in Christ, Phil. iii. 9. We never read in the history of the Old Testament of any use made of these cities of refuge, any more than of other such institutions, which yet, no doubt, were made use of upon the occasions intended; only we read of those that, in dangerous cases, took hold of the horns of the altar (1 Kings i. 50; ii. 28); for the altar, wherever that stood, was, as it were the capital city of refuge. But the law concerning these cities was designed both to raise and to encourage the expectations of those who looked for redemption in Israel, which should be to those who were convinced of sin, and in terror by reason of it, as the cities of refuge were to the man-slayer. Observe, 1. There were several cities of refuge, and they were so appointed in several parts of the country that the man-slayer, wherever he dwelt in the land of Israel, might in half a day reach one or other of them; so, though there is but one Christ appointed for our refuge, yet, wherever we are, he is a refuge at hand, a very present help, for the word is nigh us and Christ in the word. 2. The man-slayer was safe in any of these cities; so in Christ believers that flee to him, and rest in him, are protected from the wrath of God and the curse of the law. There is no condemnation to those that are in Christ Jesus, Rom. viii. 1. Who shall condemn those that are thus sheltered? 3. They were all Levites' cities; it was a kindness to the poor prisoner that though he might not go up to the place where the ark was, yet he was in the midst of Levites, who would teach him the good knowledge of the Lord, and instruct him how to improve the providence he was now under. It might also be expected that the Levites would comfort and encourage him, and bid him welcome; so it is the work of gospel ministers to bid poor sinners welcome to Christ, and to assist and counsel those that through grace are in him. 4. Even strangers and sojourners, though they were not native Israelites, might take the benefit of these cities of refuge, v. 15. So in Christ Jesus no difference in made between Greek and Jew; even the sons of the stranger that by faith flee to Christ shall be safe in him. 5. Even the suburbs or borders of the city were a sufficient security to the offender, v. 26, 27. So there is virtue even in the hem of Christ's garment for the healing and saving of poor sinners. If we cannot reach to a full assurance, we may comfort ourselves in a good hope through grace. 6. The protection which the man-slayer found in the city of refuge was not owing to the strength of its walls, or gates, or bars, but purely to the divine appointment; so it is the word of the gospel that gives souls safety in Christ, for him hath God the Father sealed. 7. If the offender was ever caught struggling out of the borders of his city of refuge, or stealing home to his house again, he lost the benefit of his protection, and lay exposed to the avenger of blood; so those that are in Christ must abide in Christ, for it is at their peril if they forsake him and wander from him. Drawing back is to perdition.

Speak unto the children of Israel, and say unto them,.... Now, directly: when ye come over Jordan into the land of Canaan; as they quickly would, being now very near it, and of which there was the utmost certainty, since the Lord had promised to bring them over that river, and put them in possession of that land.

Then ye shall appoint your cities to be cities of refuge for you,.... And, according to the Jewish writers (i), these were neither to be made large nor little, but middling; and they appointed them where there were markets and fairs, at which goods were to be sold; and where there was plenty of water, and a multitude of people; and where there were but few, they fetched others from other places; and they neither made nets for hunting, nor twisted ropes in them, nor sold any warlike instruments, lest the avenger of blood should use himself to come thither, under pretence of buying such things, and kill the manslayer: that the slayer may flee thither, which killeth any person at unawares; or through error (k), or mistake, not on purpose, with design, or through malice and enmity, as is afterwards more largely explained. (i) Maimon. Rotzeach, c. 8. sect. 8. Vid. T. Bab. Maccot, fol. 10. 1.((k) "per errorem", Pagninus, Junius & Tremellius, Piscator; "per imprudentiam", Tigurine version: Vatablus; "in ignorantia", Montanus.

And they shall be unto you cities of refuge from the avenger,.... Or near kinsman; for as the right of redemption of an estate that was mortgaged belonged to such an one, so of revenging the blood of any one that was killed: that the manslayer die not; by the hand of the avenger, who in the heat of his passion would, could he come at him, fall upon him, and slay him, to avenge the death of his relation on him: until he stand before the congregation in judgment; before the court of judicature, to be examined, tried, and judged, whether the murder was committed knowingly and willingly, or whether through mistake and at unawares: this was done either before the court of judicature in the city of refuge, who took cognizance of such cases directly, that they might know whom to harbour and protect, and whom not; or before the court in the place where the act was committed: interpreters are divided about this; and Calmet (l) is of opinion that he was examined in both courts, first more strictly in the city of refuge, and then more slightly in the place where it was done, which is not improbable; however, this seems manifest from Numbers 35:25, that the court where it was committed had power to fetch him from the city of refuge, and set him before them, and examine into the case; and, if an innocent person, restored him to the city of refuge, whither he had fled. (l) Dictionary, on the word "Refuge".

And of these cities which ye shall give,.... Of the forty eight cities they were to give to the Levites, Numbers 35:7, six cities shall ye have for refuge; which, I think, makes it clear, that not all the forty eight cities were for refuge, only six of them.

Ye shall give three cites on this side Jordan,.... Which were Bezer in the wilderness, 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, Joshua 20:8, and three cities shall ye give in the land of Canaan: which were Kadesh in Galilee, in Mount Naphtali; Shechem in Mount Ephraim; and Kirjatharba, or Hebron, in the mountain of Judah, Joshua 20:7. which shall be cities of refuge; the three on the other side Jordan, the Jews say, were separated by Moses, and the three in the land of Canaan by Joshua, but not one of them was a refuge until they were all separated (m): it may seem strange that there should be as many in the two tribes and a half on the other side Jordan, as in the nine tribes and a half in the land of Canaan; let it be observed, what the Jewish writers, say (n), Moses separated three cities beyond Jordan, and opposite them Joshua separated three in the land of Canaan; and they were like two rows in a vineyard, Hebron in Judea was opposite Bezer in the wilderness; Shechem in Mount Ephraim was opposite Ramoth in Gilead; Kadesh in Mount Naphtali was opposite Golan in Bashan; and the three were so disposed, that there was as much space from the south (of the land of Israel) to Hebron as from Hebron to Shechem; and as much from Hebron to Shechem as from Shechem to Kadesh; and as much from Shechem to Kadesh as from Kadesh to the north beyond Jordan; and it should be known that the land of the tribes beyond Jordan extended in length as far as the land of Canaan, and was equal to it, running along it; so that those in the land of Canaan could soon and easily get over Jordan to the cities of refuge there, if there was occasion; besides, there is a direction given, that if their coast should be enlarged, they were to add three cities more in the land of Canaan, Deuteronomy 19:8, hence the Jews have a notion, that in the days of the Messiah those three cities will be added (o); but the Messiah is come already, and is the antitype of them all. (m) Misn. Maccot, c. 2. sect. 4. Maimon. Hilchot Rotzeach, c. 8. sect. 2. 3. & in Pirke, c. 4. sect. 2. & Jarchi in loc. (n) T. Bab. Maccot, fol. 9. 2.((o) Maimon. Rotzeach, c. 8. sect. 4.

These six cities shall be a refuge both for the children of Israel and for the stranger,.... For an Israelite, and a proselyte of righteousness, one that embraced the Jewish religion, and in all things conformed to it, and to whom there was but one law in things civil and religious: and for the sojourner among you; the proselyte of the gate, who renounced idolatry, and observed the commands of the sons of Noah, but in other things did not comply with the Jewish ceremonies, yet had the benefit of the cities of refuge equally with the other; though the Jews say (p), such a proselyte or sojourner had only this privilege, who slew a proselyte, but not if he slew an Israelite; but for this distinction there is no foundation in the text: that everyone that killeth any person unawares may flee thither; whether an Israelite, or a proselyte of righteousness or of the gate. (p) Misn. Maccot, c. 2. sect. 3.

And if he smite him with an instrument of iron, so that he die,.... As with an hatchet, hammer, sword, knife, &c. he is a murderer; the instrument used by him, and with which he smote, shows that he had a bad design, and intended to kill, or he would never have smitten a man with such an instrument: the murderer shall surely be put to death; be condemned to death, and be executed, by the order of the civil magistrate, according to the law in Genesis 9:6 and not be allowed the benefit of a city of refuge.

And if he smite him with throwing a stone,.... "Or with a stone of the hand" (q), which the Jews interpret of a stone so big as to fill a man's hand, and so wherewith he may die; at whom it is thrown; is sufficient to cause his death, if struck with it; so the Targum of Jonathan paraphrases it of a"stone of fulness of hands, which is sufficient that a man may die with it,''or be killed by it: and he die; by the blow he receives from it, either immediately or in a short time after: he is a murderer, and the murderer shall surely be put to death; as in the above case. (q) .

Or if he smote him with an hand weapon of wood,.... A stick, or staff, or club: wherewith he may die, and he die; which is sufficient to kill a man, as the same Targum explains it; and a man dies with the blow that is given him by it: he is a murderer, and the murderer shall surely be put to death; no pardon given him, or the benefit of the city of refuge allowed him.

The revenger of blood himself shall slay the murderer,.... Not only shall have power to do it, but, as it seems, should be obliged to do it; be the executioner of the murderer; but not before his case has been heard, examined, tried, and judged; wherefore the Targum of Jonathan adds,"in judgment,''that is, as Onkelos explains it,"when he is condemned by judgment,''the court of judicature: when he meeteth him he shall slay him; the first opportunity he has, even though, as Jarchi says, if he meets him in the midst of one of the cities of refuge, and no judgment is passed on him.

But if he thrust him of hatred,.... Or, "and if" (r), since the Scripture is still speaking of such that shall die for murder, though in another instance, without having the privilege of a city of refuge; if he thrusts him with a sword or knife, or rather, since, if anything of that kind is included in the first instance of smiting with an instrument of iron, push him down from an high place, as Aben Ezra; so the men of Nazareth intended to have dispatched Christ in that way, Luke 4:29. or hurl at him by lying in wait, that he die; as a bowing wall, as the same writer instances in, push down that upon him as he passes along, lying in wait for him; or throws anything at him, with an intention to kill him, and does; or casts down anything upon him, a large stone, or anything else, by which he dies. (r) "et si", Pagninus, Montanus.

Or in enmity smite him with his hand, that he die,.... Give him a blow with his fist, on some part of his body where life is most in danger, and which issues in death: he that smote him shall surely be put to death, for he is a murderer; and therefore, according to the original law, ought to die, without reprieve or pardon; and notwithstanding this law made for cities of refuge, which were to be denied him: the revenger of blood shall slay the murderer when he meeteth him: that is, when he is condemned, as both the Targums of Onkelos and Jonathan interpret it, after a hearing and trial of his case.

But if he thrust him suddenly, without enmity,.... Push him from a precipice, before he is aware, without any malicious design against his life, but merely through accident: or have cast upon him anything; from the top of a house, or from a building he is pulling down, or pushes a bowing wall upon him, not knowing that he is passing by it: and without lying of wait: or having contrived to do it, just as he goes along, or in any other similar way.

Or with any stone wherewith a man may die,.... Which is sufficient to kill a man, if thrown at him: seeing him not; and so without intention: the Jews (s) from hence gather, that a blind man is to be acquitted and dismissed, and not banished and so stands in no need of a city of refuge; though others say he is to be banished, and needs it, and ought to have the privilege of it: and cast it upon him that he die; casting, it upon another account, and with another view, but yet falling upon a man, it kills him: and was not his enemy, neither sought him harm; it was never known that they were at variance, or that the slayer had ever by any overt act discovered any malice and enmity against the deceased, by word or deed, or ever sought to do him any injury, either to his person or property. (s) Misn. Maccot, c. 2. sect. 3.

Then the congregation,.... That is, the court of judicature, assembled together to hear and try this cause: shall judge between the slayer and the revenger of blood; shall hear what both have to say, and pass sentence: according to these judgments; these judicial laws and rules of judgment before delivered, exemplified in various cases.

And the congregation shall deliver the slayer out of the hand of the avenger of blood,.... Put him under the care of proper persons, to conduct him to one of the cities of refuge, or put him in the way to it; and restrain the avenger of blood from pursuing him, until such time that it may be judged he is safe arrived there: and the congregation shall restore him to the city of refuge, whither he was fled; so that it seems by this, when one had been guilty of manslaughter, and fled to one of the cities of refuge, he might be taken from thence and had before a court of justice, and there take his trial; and if it appeared that the fact was committed by him, ignorantly, unawares, and without design, then he was returned to his city of refuge; but, if otherwise, he was put to death, notwithstanding he had fled thither; and so it is said in the Misnah (t), that"at first, or formerly, one that killed another ignorantly or presumptuously, they sent him before to one of the cities of refuge, and the sanhedrim sent and fetched him from thence: he who was condemned to death by the court, they slew him; he that was not condemned was dismissed; he that was condemned to banishment they returned him to his place, according to Numbers 35:25." and he shall abide in it, unto the death of the high priest, which was anointed with the holy oil: and then he was to be set at liberty, and return to his house and family and have his former possessions and honours, if he had any, restored unto him, the commission or warrant for his detainer there ceasing, being made void by the death of the high priest; who was the prince of the priests and Levites, to whom those cities belonged, and so under his jurisdiction: or so it was ordered, because such was the general mourning for such a public loss as an high priest, that all private revenges would subside, and the cause of them be buried, in grief and forgetfulness; though, no doubt, this had a respect to something which will be hereafter taken notice of: the Jews say (u), that the mothers of the priests used to supply with a sufficient quantity of food and raiment such who fled to the cities of refuge, that they might not pray for the death of their sons; and according to them, a man's case was very bad when there was no high priest; for so they write (w)"he whose cause is finished (or his case determined in a court of judicature), and there is no high priest; and he that slays an high priest, or an high priest slays another, he never goes out, no not so much as to bear testimony in any cause, and even in what the congregation has need of him, but there are his dwelling, his death, and his burial.'' (t) Misn. Maccot. c. 2. sect. 6. (u) Misn. Maccot. c. 2. sect. 3.((w) Misn. Maccot, c. 2. sect. 7.

But if the slayer shall at any time come without the border of the city of his refuge,.... Which seems to be the three thousand cubits assigned to every city of the Levites, and so to the cities of refuge; and which, according to the Jewish writers, were a refuge, as the city itself; and it is said (x),"he, that kills a man there, is killed for him, but though the border is a refuge, the slayer does not dwell in it, as it is said. Numbers 35:25, "he shall abide in it", but not in its borders:" whither he was fled; on account of manslaughter. (x) Maimon. Hilchot Rotzeach, c. 8. sect. 11. Misn. Maccot, c. 2. sect. 7.

And the revenger of blood find him without the borders of the city of his refuge,.... Without the suburbs, fields, and vineyards belonging to it: and the revenger of blood kill the slayer; being exasperated against him, and to avenge the blood of his relation on him: he shall not be guilty of blood; or be reckoned murderer, or die for it.

Because he should have remained in the city of his refuge until the death of the high priest,.... Nothing could give him his liberty but his death; so that though this was a merciful provision made in such cases for such persons, and was a considerable benefit and privilege, yet it carried in it some appearance of a punishment; since such a person was confined within the boundaries of one of the cities of refuge as long as the high priest lived; and this was done to make persons cautious how they were any way accessory to the death of another, though without design: but after the death of the high priest the slayer shall return into the land of his possession; to that part of the land, and to that tribe to which he belonged, to his house and family, and to his possessions and inheritances, whatever he had, and to all the honours and privileges he before enjoyed, and under no danger from the avenger of blood henceforward: a custom somewhat like this has prevailed in some parts of Africa, as Leo Africanus (y) relates, that if a man happened to kill another, all the friends of the deceased conspired to kill him, but if they could not effect it, then the guilty person was proclaimed an exile from the city, for the whole space of seven years; and at the expiration of the whole seven years, when he returned from his exile, the chief men of the city invited him to a feast, and so he was restored to his liberty: temples, groves, altars, and statues, were common among other nations for asylums or refuges, but whole cities very rarely with the ancients; it seems there were some (z). (y) Descriptio Africae, l. 2. p. 135, 136. (z) Vid. Marmor. Oxon. & Not. in ib. p. 25. & Rittershusium de Jure Asylorum, c. 2.

So these things shall be for a statute of judgment unto you,.... A judicial law, according to which they were to proceed in all the above cases: throughout your generations in all your dwellings; throughout all ages, as long as they dwelt in the land of Canaan, even unto the times of the Messiah, in whom the things figured hereby had their accomplishment: the cities of refuge were types of Christ: hence a divine person, even the Messiah, is often spoken of as the refuge of his people, Psalm 9:9 with which compare Hebrews 6:18 these were places to flee to, as the word is rendered by the Greek version; to Christ sensible sinners flee for shelter and safety, which supposes danger in themselves from the law and justice of God; a sense of that danger which makes them flee from wrath to come; a view of Christ, as a place of refuge, and that no other but he will serve their purpose, and therefore make all the haste and speed they can unto him. The word properly signifies cities of gathering, or of reception. There was a gathering of the elect of God to Christ at his death; and there is another at effectual calling, which is an act of God's grace, and a distinguishing one, when souls gather to Christ as their Saviour for righteousness, peace, pardon, rest, and everlasting life; and when Christ receives them, though sinners, into his arms, and into his heart, and into open fellowship with him, so as to dwell in him, where they dwell pleasantly and safely; he receives them into his house here, and into heaven hereafter; and by, and in Christ, those that flee to him, and are received by him, are retained and preserved from Satan, law, hell and death. The cities of refuge were of God's appointing; so Christ, as a Saviour, and rock of refuge to his people, is appointed and foreordained of God; they were well known for refuges, as the Lord is in the places of Zion; they were open for all, at all times, as Christ is for all sinners, even the chief of sinners, Jews or Gentiles; they are all one in Christ, the Israelite, and the stranger and sojourner; all impediments were removed out of the way of them, and plain directions to them given, as are in the Gospel, and by the ministers of it; and there is always room in Christ for such that flee to him, as there was in those cities; and being in him, they are safe from the curse and condemnation of the law, from wrath to come, and from the second death; and their redemption and atonement, peace and reconciliation, liberty, life and salvation, are owing to the death of Christ, their high priest. Abendana (a) observes, that the death of the high priest atoned for the offence (of manslaughter), which was the reason the manslayer continued in the city of refuge till his death, and then was released: however, certain it is, that the death of Christ, our high priest, atones for every sin of those that flee to him, and by which they are reconciled to God. In some things there is a difference between these cities of refuge and Christ; they were six, he but one; they were for such only who shed blood ignorantly, he for such that were enemies to him, and lived in malice towards others, and guilty of the most enormous crimes: to be in these cities of refuge was a kind of exile and imprisonment, but they that are in Christ are freemen; it was possible that such might die that were in them, and at most were only delivered from temporal death, but they that flee to Christ for refuge are saved with an everlasting salvation. (a) Not. in Miclol Yophi in ver. 25.

And the Lord spake unto Moses,.... At the same time, or he continued his speech unto him: saying: as follows.