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35. Cities of Refuge

¹ On the plains of Moab by the Jordan across from Jericho, the LORD said to Moses, ² “Command the Israelites to give the Levites towns to live in from the inheritance the Israelites will possess. And give them pasturelands around the towns. ³ Then they will have towns to live in and pasturelands for the cattle they own and all their other animals.

⁴ “The pasturelands around the towns that you give the Levites will extend a thousand cubits That is, about 1,500 feet or about 450 meters from the town wall. ⁵ Outside the town, measure two thousand cubits That is, about 3,000 feet or about 900 meters on the east side, two thousand on the south side, two thousand on the west and two thousand on the north, with the town in the center. They will have this area as pastureland for the towns.

Cities of Refuge

⁶ “Six of the towns you give the Levites will be cities of refuge, to which a person who has killed someone may flee. In addition, give them forty-two other towns. ⁷ In all you must give the Levites forty-eight towns, together with their pasturelands. ⁸ The towns you give the Levites from the land the Israelites possess are to be given in proportion to the inheritance of each tribe: Take many towns from a tribe that has many, but few from one that has few.”

⁹ Then the LORD said to Moses: ¹⁰ “Speak to the Israelites and say to them: ‘When you cross the Jordan into Canaan, ¹¹ select some towns to be your cities of refuge, to which a person who has killed someone accidentally may flee. ¹² They will be places of refuge from the avenger, so that anyone accused of murder may not die before they stand trial before the assembly. ¹³ These six towns you give will be your cities of refuge. ¹⁴ Give three on this side of the Jordan and three in Canaan as cities of refuge. ¹⁵ These six towns will be a place of refuge for Israelites and for foreigners residing among them, so that anyone who has killed another accidentally can flee there.

¹⁶ “‘If anyone strikes someone a fatal blow with an iron object, that person is a murderer; the murderer is to be put to death. ¹⁷ Or if anyone is holding a stone and strikes someone a fatal blow with it, that person is a murderer; the murderer is to be put to death. ¹⁸ Or if anyone is holding a wooden object and strikes someone a fatal blow with it, that person is a murderer; the murderer is to be put to death. ¹⁹ The avenger of blood shall put the murderer to death; when the avenger comes upon the murderer, the avenger shall put the murderer to death. ²⁰ If anyone with malice aforethought shoves another or throws something at them intentionally so that they die ²¹ or if out of enmity one person hits another with their fist so that the other dies, that person is to be put to death; that person is a murderer. The avenger of blood shall put the murderer to death when they meet.

²² “‘But if without enmity someone suddenly pushes another or throws something at them unintentionally ²³ or, without seeing them, drops on them a stone heavy enough to kill them, and they die, then since that other person was not an enemy and no harm was intended, ²⁴ the assembly must judge between the accused and the avenger of blood according to these regulations. ²⁵ The assembly must protect the one accused of murder from the avenger of blood and send the accused back to the city of refuge to which they fled. The accused must stay there until the death of the high priest, who was anointed with the holy oil.

²⁶ “‘But if the accused ever goes outside the limits of the city of refuge to which they fled ²⁷ and the avenger of blood finds them outside the city, the avenger of blood may kill the accused without being guilty of murder. ²⁸ The accused must stay in the city of refuge until the death of the high priest; only after the death of the high priest may they return to their own property.

²⁹ “‘This is to have the force of law for you throughout the generations to come, wherever you live.

³⁰ “‘Anyone who kills a person is to be put to death as a murderer only on the testimony of witnesses. But no one is to be put to death on the testimony of only one witness.

³¹ “‘Do not accept a ransom for the life of a murderer, who deserves to die. They are to be put to death.

³² “‘Do not accept a ransom for anyone who has fled to a city of refuge and so allow them to go back and live on their own land before the death of the high priest.

³³ “‘Do not pollute the land where you are. Bloodshed pollutes the land, and atonement cannot be made for the land on which blood has been shed, except by the blood of the one who shed it. ³⁴ Do not defile the land where you live and where I dwell, for I, the LORD, dwell among the Israelites.’”

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 ⁵³⁵³ “De peur que cela ne tirast trop longue queue, et que les criminels en fissent couverture d’impunite, il exprime notamment les facons de tuer plus communes, quand on y va de guet-a-pens. Ainsi en nommant les instrumens, qui sont destinez, ou qu’on applique a mal faire,” etc.; for fear this should be carried too far, and that criminals should make it a ground for impunity, he expressly mentions the more ordinary kinds of deliberate murder. Thus, by naming the instruments, which are intended, or used for inflicting injuries, etc. — Fr. 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 ⁵⁴⁵⁴ Vide Digest. 48, tit. 8. In legem Corneliam de Sicariis, et Veneficiis, 1 Section 3. “Divus Hadrianus rescripsit, eum, qui hominem occidit, si non occidendi animo hoc admisit, absolvi posse: et qui hominem non occidit, sed vulneravit ut occidat, pro homicida damnandum: et ex re constituendum hoc.” — Ibid., 11 “Ulpianus, lib. 8, ad legem Juliam, et Papiam. Nihil interest, occidat quis, an causam mortis praebeat.” Vide item, Julii Pauli Recept. Sentent., lib. 5, tit. 23, Section 2. “Qui hominem occiderit, aliquando absolvitur. Et qui non occidit, in homicida damnatur. Consilium enim uniuscujusque, non factum puniendum est. Ideoque qui cum velit occidere, id casu aliquo perpetrare non potuerit, ut homicida punietur. Et is, qui casu jactu teli hominem imprudenter occiderit, absolvitur.” 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.