Numbers 35:29

The killer (manslayer) had to stay in a special city (called a "city of refuge") as a consequence for the death he had caused. He had to stay in a city of refuge until he or the high priest died. After the high priest's death, the manslayer could return home, and the avenger of blood could not take revenge.

Six of the Levites’ towns had a special purpose. They served as cities of refuge. A city of refuge was a place where a person could run for safety after accidentally killing someone.

These cities show the humanitarian (care for human life) side of Hebrew law (see also Deuteronomy 4:41–43; 19:1–13; Joshua 20).

These six towns offered protection when someone killed accidentally or unintentionally (compare Exodus 21:12–14).

The 48 towns given to the Levites were spread throughout Israel. In the same way, the six cities of refuge were placed in different parts of the land. This made them easy to reach for anyone who needed safety (see Joshua 20:7–8).

Before these cities were established, a person could sometimes seek safety by holding on to the altar. The altar was a place connected with worship (for example, 1 Kings 1:50–53; 2:28–34; compare Exodus 21:14).

Other ancient peoples also had places of refuge. Often these places were connected to an altar (see Exodus 21:12–14; 1 Kings 2:28–34). However, only ancient Israel created entire towns as places of safety. This practice shows Israel’s special concern for justice and the protection of human life.

The tribe of Levi did not receive its own land. So chapter 35 explains how they received 48 towns spread out among the lands of the other tribes (see Joshua 21; see also Leviticus 25:32–34; 1 Chronicles 13:2; 2 Chronicles 11:14).

During the wilderness journey, the Levites lived in the center of the Israelite camp (compare Numbers 2:17). In the promised land, they were to live among the other tribes. Their presence was meant to influence the people for good (see Deuteronomy 33:9–10; 2 Chronicles 17:7–9; 19:8–11; 35:3).

These towns and their pasturelands were not a separate homeland (compare Numbers 18:23; 26:62). They were only a small portion of the land of Canaan, divided among the other tribes.

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

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 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 [56] 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; [57] ) 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.

28. Because he should have remained in the city of his refuge. The period of banishment is prescribed, "until the death of the high-priest," because it would have been anything but humane that all hopes of restoration should have been cut off from the unhappy exile; and, when a new priest succeeded to reconcile the people to God, this renewal of grace was to propitiate all offenses. Wherefore it was not unreasonable that God should entirely restore those who were only punished for inadvertency.

30. Whoso killeth any person, He now returns to willful murderers, whom he will not have spared, but yet not given over to punishment unless convicted by legal proofs. Literally it is, Whoso smiteth a soul, at the mouth of witnesses he shall slay him that slayeth: and this sentence is obscure, from its brevity, unless a noun be supplied before the second verb; and this may be understood either of the judges or the accuser. In the substance, however, there is no ambiguity, viz., that no one should be condemned unless he be lawfully convicted. Moreover, He declares that one witness would be insufficient, inasmuch as it would be most unjust that a man's life should be at the mercy of a single tongue. I have already adduced a similar passage, [58] in which Moses gave instructions that no capital causes was to be decided except at the mouth of two or three witnesses: and, because such declarations are of general application, I have purposely assigned to them a separate place. Now again, in referring to the condemnation of murderers, he takes occasion to state that two witnesses are required, since nothing is more likely to occur than that the innocent should be overwhelmed by calumnies and perjury, if it depended on the testimony of any single individual. But, when two are brought forward, it may be discovered in many ways, as has been said, whether there is any falsehood; for, if examined separately, they will scarcely accord in all particulars. But, whilst sure proof is required, in order to the punishment of guilt, so, when the murder is proved, God sternly requires, and commands that it should not remain unpunished. He expressly forbids that the right of refuge should be purchasable, since it would else have been in danger of being a shield for many crimes. When, therefore, He forbids a satisfaction to be taken from any one, who would betake himself to a city of refuge, His object is, that no one should enjoy this benefit, until his innocence was fully established; lest the mercy, whereby the innocent were succored, should be open to bribery.

33. So ye shall not pollute the land. In this concluding sentence, He again reminds them that, unless they should exercise severe justice against murderers, they would be guilty of sin against God; because the land stained with human blood is polluted, and lying under His curse, until expiation has been made. Again, since God dwells in the land of Canaan, having chosen His abode among the children of Israel, his sanctity is also profaned. The sum is, that, in every respect, care should be taken lest the land, which is sacred to God, should be contaminated by bloodshed.

Footnotes:

[52] See [8]vol. 2 p. on Numbers 35:6.

[53] "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.

[54] Vide Digest. 48, Titus 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, Titus 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."

[55] "Propinquus sanguinis." -- Lat.

[56] 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.

[57] Added from Fr.

[58] Deuteronomy 17:6. See ante, [9]p. 45.

The revenger of blood - גאל הדם goel haddam, the redeemer of blood; the next in blood to him who was slain. See on Num 35:12 (note).

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.

If, therefore, the confinement of the unintentional manslayer in the city of refuge was neither an ordinary exile nor merely a means of rescuing him from the revenge of the enraged goel, but an appointment of the just and merciful God for the expiation of human blood even though not wilfully shed, that, whilst there was no violation of judicial righteousness, a barrier might be set to the unrighteousness of family revenge; it was necessary to guard against any such abuse of this gracious provision of the righteous God, as that into which the heathen right of asylum had degenerated.
(Note: On the asyla, in general, see Winer's Real-Wrterbuch, art. Freistatt; Pauly, Real-encyckl. der class. Alterthums-wissenschaft, Bd. i. s. v. Asylum; but more especially K. Dann, "ber den Ursprung des Asylrechts und dessen Schicksale und Ueberreste in Europa," in his Ztschr. fr deutsches Recht, Lpz. 1840. "The asyla of the Greeks, Romans, and Germans differed altogether from those of the Hebrews; for whilst the latter were never intended to save the wilful criminal from the punishment he deserved, but were simply established for the purpose of securing a just sentence, the former actually answered the purpose of rescuing the criminal from the punishment which he legally deserved.")
The instructions which follow in Num 35:29-34 were intended to secure this object. In Num 35:29, there is first of all the general law, that these instructions (those given in vv. 11-28) were to be for a statute of judgment (see Num 27:11) for all future ages ("throughout your generations," see Exo 12:14, Exo 12:20). Then, in Num 35:30, a just judgment is enforced in the treatment of murder. "Whoso killeth any person (these words are construed absolutely), at the mouth (the testimony) of witnesses shall the murderer be put to death; and one witness shall not answer (give evidence) against a person to die;" i.e., if the taking of life were in question, capital punishment was not to be inflicted upon the testimony of one person only, but upon that of a plurality of witnesses. One witness could not only be more easily mistaken than several, but would be more likely to be partial than several persons who were unanimous in bearing witness to one and the same thing. The number of witnesses was afterwards fixed at two witnesses, at least, in the case of capital crimes (Deu 17:6), and two or three in the case of every crime (Deu 19:15; cf. Joh 8:17; Co2 13:1; Heb 10:28). - Lastly (Num 35:31.), the command is given not to take redemption money, either for the life of the murderer, who was a wicked man to die, i.e., deserving of death (such a man was to be put to death); nor "for fleeing into the city of refuge, to return to dwell in the land till the death of the high priest:" that is to say, they were neither to allow the wilful murderer to come to terms with the relative of the man who had been put to death, by the payment of a redemption fee, and so to save his life, as is not unfrequently the case in the East at the present day (cf. Robinson, Pal. i. p. 209, and Lane's Manners and Customs); nor even to allow the unintentional murderer to purchase permission to return home from the city of refuge before the death of the high priest, by the payment of a money compensation.