Deuteronomy 19:7

Cities of refuge were placed in different parts of the land (19:2). They were located carefully so people could reach them easily.

A person accused of killing someone could run to one of these cities for protection. There, the person would be safe until a fair trial took place (see 4:41; Numbers 35:6–29).

Lest the avenger of the blood pursue the slayer, while his heart is hot--This verse is a continuation of Deu 19:3 (for Deu 19:4-5, which are explanatory, are in a parenthetical form), and the meaning is that if the kinsman of a person inadvertently killed should, under the impulse of sudden excitement and without inquiring into the circumstances, inflict summary vengeance on the homicide, however guiltless, the law tolerated such an act; it was to pass with impunity. But to prevent such precipitate measures, the cities of refuge were established for the reception of the homicide, that "innocent blood might not be shed in thy land" (Deu 19:10). In the case of premeditated murder (Deu 19:11-12), they afforded no immunity; but, if it were only manslaughter, the moment the fugitive was within the gates, he found himself in a safe asylum (Num 35:26-28; Jos 20:6).

It was one of the precepts given to the sons of Noah that whoso sheddeth man's blood by man shall his blood be shed, that is, by the avenger of blood, Gen 9:6. Now here we have the law settled between blood and blood, between the blood of the murdered and the blood of the murderer, and effectual provision made,
I. That the cities of refuge should be a protection to him that slew another casually, so that he should not die for that as a crime which was not his voluntary act, but only his unhappiness. The appointment of these cities of refuge we had before (Exo 21:13), and the law laid down concerning them at large, Num 35:10, etc. It is here repeated, and direction is given concerning three things: -
1. The appointing of three cities in Canaan for this purpose. Moses had already appointed three on that side Jordan which he saw the conquest of; and now he bids them, when they should be settled in the other part of the country, to appoint three more, Deu 19:1-3, Deu 19:7. The country was to be divided into three districts, as near by as might be equal, and a city of refuge in the centre of each so that every corner of the land might have one within reach. Thus Christ is not a refuge at a distance, which we must ascend to heaven or go down to the deep for, but the word is nigh us, and Christ in the word, Rom 10:8. The gospel brings salvation to our door, and there it knocks for admission. To make the flight of the delinquent the more easy, the way must be prepared that led to the city of refuge. Probably they had causeways or street-ways leading to those cities, and the Jews say that the magistrates of Israel, upon one certain day in the year, sent out messengers to see that those roads were in good repair, and they were to remove stumbling-blocks, mend bridges that were broken, and, where two ways met, they were to set up a Mercurial post, with a finger to point the right way, on which was engraven in great letters, Miklat, Miklat - Refuge, Refuge. In allusion to this, gospel ministers are to show people the way to Christ, and to assist and direct them in flying by faith to him for refuge. They must be ready to remove their prejudices, and help them over their difficulties. And, blessed be God, the way of holiness, to all that seek it faithfully, is a highway so plain that the wayfaring men, though fools, shall not err therein.
2. The use to be made of these cities, Deu 19:4-6. (1.) It is supposed that it might so happen that a man might be the death of his neighbour without any design upon him either from a sudden passion or malice prepense, but purely by accident, as by the flying off of an axe-head, which is the instance here given, with which every case of this kind was to be compared, and by it adjudged. See how human life lies exposed daily, and what deaths we are often in, and what need therefore we have to be always ready, our souls being continually in our hands. How are the sons of men snared in an evil time, when it falls suddenly upon them! Ecc 9:12. An evil time indeed it is when this happens not only to the slain but to the slayer. (2.) It is supposed that the relations of the person slain would be forward to avenge the blood, in affection to their friend and in zeal for public justice. Though the law did not allow the avenging of any other affront or injury with death, yet the avenger of blood, the blood of a relation, shall have great allowances made for the heat of his heart upon such a provocation as that, and his killing only, should not be accounted murder if he did it before he got to the city of refuge, though it is owned he was not worthy of death. Thus would God possess people with a great horror and dread of the sin of murder: if mere chance-medley did thus expose a man, surely he that wilfully does violence to the blood of any person, whether from an old grudge or upon a sudden provocation, must flee to the pit, and let no man stay him (Pro 28:17); yet the New Testament represents the sin of murder as more heinous and more dangerous than even this law does. Jo1 3:15, You know that no murderer has eternal life abiding in him. (3.) It is provided that, if an avenger of blood should be so unreasonable as to demand satisfaction for blood shed by accident only, then the city of refuge should protect the slayer. Sins of ignorance indeed do expose us to the wrath of God, but there is relief provided, if by faith and repentance we make use of it. Paul that had been a persecutor obtained mercy, because he did it ignorantly; and Christ prayed for his crucifiers, Father, forgive them, for they know not what they do.
3. The appointing of three cities more for this use in case God should hereafter enlarge their territories and the dominion of their religion, that all those places which came under the government of the law of Moses in other instances might enjoy the benefit of that law in this instance, Deu 19:8-10. Here is, (1.) An intimation of God's gracious intention to enlarge their coast, as he had promised to their fathers, if they did not by their disobedience forfeit the promise, the condition of which is here carefully repeated, that, if it were not performed, the reproach might lie upon them, and not on God. He promised to give it, if thou shalt keep all these commandments; not otherwise. (2.) A direction to them to appoint three cities more in their new conquests, which, the number intimates, should be as large as their first conquests were; wherever the border of Israel went this privilege must attend it, that innocent blood be not shed, Deu 19:10. Though God is the saviour and preserver of all men, and has a tender regard to all lives, yet the blood of Israelites is in a particular manner precious to him, Psa 72:14. The learned Ainsworth observes that the Jewish writers themselves own that, the condition not being performed, the promise of the enlarging of their coast was never fulfilled; so that there was no occasion for ever adding these three cities of refuge; yet the holy blessed God (say they) did not command it in vain, for in the days of Messiah the prince three other cities shall be added to these six: they expect it to be fulfilled in the letter, but we know that in Christ it has its spiritual accomplishment, for the borders of the gospel Israel are enlarged according to the promise, and in Christ, the Lord our righteousness, refuge is provided for those that by faith flee to him.
II. It is provided that the cities of refuge should be no sanctuary or shelter to a wilful murderer, but even thence he should be fetched, and delivered to the avenger of blood, Deu 19:11-13. 1. This shows that wilful murder must never be protected by the civil magistrate; he bears the sword of justice in vain if he suffers those to escape the edge of it that lie under the guilt of blood, which he by office is the avenger of. During the dominion of the papacy in our own land, before the Reformation, there were some churches and religious houses (as they called them) that were made sanctuaries for the protection of all sorts of criminals that fled to them, wilful murderers not excepted, so that (as Stamford says, in his Pleas of the Crown, lib. II. c. 38) the government follows not Moses but Romulus, and it was not till about the latter end of Henry VIII's time that this privilege of sanctuary for wilful murder was taken away, when in that, as in other cases, the word of God came to be regarded more than the dictates of the see of Rome. And some have thought it would be a completing of that instance of reformation if the benefit of clergy were taken away for man-slaughter, that is, the killing of a man upon a small provocation, since this law allowed refuge only in case of that which our law calls chance-medley. 2. It may be alluded to to show that in Jesus Christ there is no refuge for presumptuous sinners, that go on still in their trespasses. If we thus sin wilfully, sin and go on in it, there remains no sacrifice, Heb 10:26. Those that flee to Christ from their sins shall be safe in him, but not those that expect to be sheltered by him in their sins. Salvation itself cannot save such: divine justice will fetch them even from the city of refuge, the protection of which they are not entitled to.

Deuteronomy 19:1-13

1. When the Lord thy God hath cut off the nations, whose land the Lord thy God giveth thee, and thou succeedest them, and dwellest in their cities, and in their houses;

1. Quum exciderit Jehova Deus tuus gentes quarum ipse Jehova Deus tuus dat tibi terram, et possederis eas, habitaverisque in urbibus earum et in domibus earum.

2. Thou shalt separate three cities for thee in the midst of thy land, which the Lord thy God giveth thee to possess it.

2. Tres urbes separabis tibi in medio terrae tuae quam Jehova Deus tuus dat tibi ut possideas eam.

3. Thou shalt prepare thee a way, and divide the coasts of thy land, which the Lord thy God giveth thee to inherit, into three parts, that every slayer may flee thither.

3. Praeparabis tibi itinera, et in tres partes divides terminum terrae tuae, quam in haereditatem daturus est tibi Jehova Deus tuus: eritque ut fugiat illuc omnis homicida.

4. And this is the case of the slayer which shall flee thither, that he may live: Whoso killeth his neighbor ignorantly, whom he hated not in time past;

4. Haec autem est res homicidae. qui fugiet illuc, et vivet: qui percusserit proximum suum ignoranter, neque oderat eam ab heri et nudiustertius.

5. As when a man goeth into the wood with his neighbor to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head slippeth from the helve, and lighteth upon his neighbor, that he die; he shall flee unto one of those cities, and live:

5. Quicunque abierit cum proximo suo in silvam ad caedenda ligna, et impulsa fuerit manus ejus in securim ad caedendum lignum, elapsum autem fuerit ferrum e ligno, inveneritque proximum suum, et moriatur: is fugiet ad unam urbium istarum, et vivet:

6. Lest the avenger of the blood pursue the slayer, while his heart is hot, and overtake him, because the way is long, and slay him; whereas he was not worthy of death, inasmuch as he hated him not in time past.

6. Ne persequatur propinquus sanguinis homicidam illum, quum incaluerit cor ejus, et assequatur eum, quod longior fuerit via: et percutiat eum anima, quum tamen non sit reus mortis, quod non odisset eum ab heri et nudiustertius:

7. Wherefore I command thee, saying, Thou shalt separate three cities for thee.

7. Idcirco ego praecipio tibi, dicendo: Tres civitates separabis tibi.

8. And if the Lord thy God enlarge thy coast, as he hath sworn unto thy fathers, and give thee all the land which he promised to give unto thy fathers;

8. Quod si dilataverit Jehova Deus tuus terminum tuum quemadmodum juravit patribus tuis, et dederit tibi universam terram quam dixit patribus tuis se daturum:

9. If thou shalt keep all these commandments to do them, which I command thee this day, to love the Lord thy God, and to walk ever in his ways; then shalt thou add three cities more for thee, besides these three:

9. Quum custodieris omnia praecepta ista, ut facias ea quae ego praecipio tibi hodie, nempe ut diligas Jehovam Deum tuum, et ambules in viis ejus omnibus diebus: tunc addes tibi adhuc tres urbes ultra tres istas:

10. That innocent blood be not shed in thy land, which the Lord thy God giveth thee for an inheritance, and so blood be upon thee.

10. Ut non effundatur sanguis innocens in medio terrae tuae quam Jehova Deus tuus dat tibi in haereditatem, neve sint super to sanguines.

11. But if any man hate his neigh-hour, and lie in wait for him, and rise up against him, and smite him mortally that he die, and fleeth into one of these cities;

11. At quum fuerit quispiam qui oderit proximum suum, et insidiatus fuerit ei, insurrexeritque in eum, et percusserit eum anima, et mortuus fuerit, fugerit autem ad unam urbium istarum.

12. Then the elders of his city shall send and fetch him thence, and deliver him into the hand of the avenger of blood, that he may die.

12. Tunc mittent seniores urbis illius, et abstrahent eum inde, dabuntque eum in manu propinqui sanguinis, et morietur.

13. Thine eye shall not pity him: but thou shalt put away the guilt of innocent blood from Israel, that it may go well with thee.

13. Non parcet oculus tuus ei, et auferes sanguinem innocentem ex Israele, et bene erit tibi.

1. When the Lord thy God hath cut off the nations. Moses repeats the same precepts which we have just been considering, that, in regard to murders, the people should distinguish between inadvertency and crime. With this view, he assigns six cities, wherein those who have proved their innocence before the judges should rest in peace and concealment. In one word, however, he defines who is to be exempt from punishment, viz., he who has killed his neighbor ignorantly, as we have previously seen; and this is just, because the will is the sole source and cause of criminality, and therefore, where there is no malicious feeling, there is no crime. But, lest under the pretext of inadvertency those who are actually guilty should escape, a mark of distinction is added, i.e., that no hatred should have preceded; and of this an instance is given, if two friends should have gone out together into a wood, and, without any quarrel or wrangling, the head of the axe should slip out of the hand of one of them, and strike the other. God, therefore, justly commands that the motive of the crime should be investigated, and shows how it is to be ascertained, viz., if there had been any previous animosity, or if any contention should have arisen. For it is incredible that any one should be so wicked as gratuitously to rush into so abominable a sin. It must be observed, however, that there was no room for this conjecture, except in a doubtful matter; for if any should stab his neighbor with a drawn sword, or should hurl a dart into his bosom, the inquiry would be superfluous, because the guilty intention would be abundantly manifest.

Wherefore I command thee, saying, thou shalt separate three cities for thee. This was to be done immediately, as soon as they were settled in the land of Canaan, and established in the possession of it, the inhabitants being cut off, or driven out, or however subdued.

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.
Deu 19:1-9
As Moses had already set apart the cities of refuge for the land on the east of the Jordan (Deu 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 Num 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 (Deu 19:4-7), see at Num 35:11. - In Deu 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 Gen 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 Num 35:14 for the land on this side of the Jordan, nor the three mentioned in Num 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 Deu 19:2 and Deu 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 Deu 19:9, viz., that they should keep the law faithfully, and love the Lord their God (cf. Deu 4:6; Deu 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.
Deu 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.
Deu 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 Num 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 Deu 19:13, see Deu 8:8 and Deu 8:5.)