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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.’”

19. The revenger ⁵⁵⁵⁵ “Propinquus sanguinis.” — Lat. 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 be restrained; not because it was lawful for them to render violence for violence, but because they would not consider it a crime, and impunity would prove a stimulus even to them, if their just indignation should be pardoned. It must be understood, then, that when a man had been maliciously and willfully killed, a death inflicted by his relative in vengeance was not punished; because it was hard that a man should be capitally condemned as a criminal, who had only slain a murderer already exposed to capital punishment, under the impulse of that love towards his own blood, which is naturally implanted in all. This, however, was tolerated, and not approved of, because, as I have already said, punishments are to be inflicted by public judgment, and not by private will. But, since this indulgence was conceded on account of the people’s hardness of heart, God here reminds them how needful it was to provide an asylum for the innocent, because all murderers would else have been indiscriminately attacked. In short, a comparison is made between the guilty and the innocent, for, unless a just distinction had been drawn, all alike would have been exposed to death. The murderer, he says, is worthy of death, if, perchance, he is met by the kinsman of the man murdered. A remedy is, therefore, to be provided, lest one who is not criminal should accidentally receive the same punishment. Hence, at length it is gathered that a distinction is made between one and the other, by a lawful trial. The mode of procedure is also prescribed, viz., that the congregation should acquit the man who has killed another unwittingly. But because there is some perplexity in the words, it must be observed, that as soon as a person had slain another, he immediately betook himself to the place of refuge, and there declared that he sought shelter. After this declaration, it was open for the relatives of the dead man to lay their accusation, and then, after both parties were heard, judgment was pronounced. Otherwise there is a manifest contradiction in the context, since it is presently added; they “shall restore him to the city of his refuge, whither he was fled,” whence it appears that, after the exile had presented himself to state his case, and to clear himself, it was usual that a day should be appointed, upon which his accusers should come forward. The sum is, that the murderer should nowhere find refuge, except he were acquitted of his crime. This was an excellent precaution, lest the same punishment should be inflicted upon mischance and criminality, whilst ⁵⁶⁵⁶ The Fr. gives a different turn to this sentence; “que pour obvier a un nouveau meurtre en bannissant pour un temps celuy, qui avoit tue quelqu’un par erreur;” as well as to prevent a fresh murder, by banishing, for a time, the person who had killed another unintentionally. at the same time, by the temporary banishment it was testified how carefully bloodshed was to be avoided. God likewise spared the eyes of those whose brother had been killed, lest their grief should be kept alive by continually beholding (the person who had killed him; ⁵⁷⁵⁷ Added from Fr. ) and this we gather from verse 26, where impunity is conceded to the relations, if they had caught and killed out of the boundaries of his refuge the man, whose duty it was to withdraw himself; not because the fury of their indignation was excused before God, but because it would else have been difficult to restrain the strong desire of vengeance proceeding from the feelings of human nature.