Numbers · Chapter 35

THE LEVITE CITIES, 1-5.

1. The plains of Moab — Numbers 22:1, note.

Verse 2. That they give unto the Levites — cities — The reason of this appointment was, that the Levites, being a body of people distinct from the rest of the nation, had no share in the division of the country. It is to be observed that the priests, the sons of Aaron, being also of the tribe of Levi, are here comprehended under the common name of Levites, as well as those inferior ministers of religion generally signified by that term.

THE LEVITE CITIES, 1-5.

1. The plains of Moab — Numbers 22:1, note.

V. 3. For the cattle-For pasturage for their cattle: where they might not build houses, nor plant gardens, orchards or vineyards, no nor sow corn, for which they were abundantly provided out of the first-fruits. And these suburbs did not belong to the Levites in common, but were distributed to them in convenient proportions.

Verse 3. The cities shall they have to dwell in — Notwithstanding this provision, it was lawful for them to hire or purchase houses in any other city, particularly at Jerusalem; for we find in Scripture many proofs of their dwelling in other cities besides those which are here assigned them; and, in like manner, other people, with their permission, might dwell with them in their cities. The suburbs for their cattle and for their goods — For stables and pasturage for their cattle, and stowages for their household stuff of all kinds. But they might not build houses, nor plant gardens, orchards, or vineyards; no, nor sow corn in these suburbs, for which things they were abundantly supplied from the first-fruits. And these suburbs did not belong to the Levites in common, but were distributed to them in convenient proportions. They were thus provided for, that they might the more closely attend to the study of the law, and might have more leisure for teaching the people. And living thus near together, they could easily converse one with another about divine things, to their mutual edification; in doubtful cases could consult each other; and in all cases strengthen one another’s hands.

THE LEVITE CITIES, 1-5.

1. The plains of Moab — Numbers 22:1, note.

V. 4. A thousand cubits-In the next verse it is two thousand. But this verse and the next do not speak to the same thing; this speaks of the space from whence the suburbs shall be measured, the next speaks of the space unto which that measure shall be extended; and the words may very well be read thus. And the suburbs-Shall be from the wall of the city and from without it, or, from the outward parts of it, even from a thousand cubits round about. Which are mentioned not as the thing measured, but as the space from which the measuring line should begin. And then it follows, Numbers 35:5. And ye shall measure from without the city, (not from the wall of the city, as said before Numbers 35:4, but from without it, that is, from the said outward space of a thousand cubits without the wall of the city round about) on the east side two thousand cubits. So in truth there were three thousand cubits from the wall of the city, whereof one thousand probably were for out-houses, stalls for cattle, gardens, vineyards and olive-yards, and the other two thousand for pasture, which are therefore called the field of the suburbs, Leviticus 25:34, by way of distinction from the suburbs themselves, which consist of the first thousand cubits from the wall of the city.

Verse 4. And the suburbs of the cities-shall reach from the wall of the city and outward a thousand cubits round about.

Verses 4, 5. From the wall of the city a thousand cubits — It appears, by comparing these two verses together, that there were three thousand cubits allowed them from the wall of the city; the first thousand, properly called the suburbs, probably for outhouses, gardens, vineyards, and olive-yards; and the other two for pasturage, which are therefore called the field of the suburbs, (Leviticus 25:34,) by way of distinction from the suburbs themselves.

Verse 4, 5. A thousand cubits—on the east side two thousand cubits. A line of one thousand cubits extending from the centre of the city, east, west, north, and south, would make each side of the square two thousand cubits. This would make the levites happy in gardens, and convenient retreats. God would have his ministers easy in domestic cares, that they may care for the church alone; and from the care he takes of his ministers, they may learn what care they ought to take of his flock.

4, 5. Suburbs… a thousand cubits — There would be no perplexity in making a diagram fulfilling this requirement if it were not added that a distance of two thousand cubits must be measured from without the city on each of the four sides. Eight different kinds of diagrams have been devised to meet the requirements of the text, one of which will be found in Joshua 21:2, note. The Seventy, Josephus, and Philo cut this knot by reading two thousand in both verses. In the summer of 1878 two stones bearing the inscription in old Hebrew and Greek characters, “The limit or boundary of Geser,” were found near Abou-Shushek, the ancient Levitical city of Gezer, (Joshua 21:21,) taken from the Philistines by the king of Egypt, and given by Pharaoh to his daughter, Solomon’s wife. 1 Kings 9:16. This discovery will go far toward fixing the standard of the Jewish cubit, and in determining the shape and extent of the suburbs of these cities. The limit of the inner suburb was one thousand cubits from the wall round about the city, which was probably circular. The outer precincts were two thousand cubits beyond the inner, according to the Hebrew text, to the east, west, north, and south corners; so the boundary of the outlying fields could not have been circular, but diagonal. The suburbs did not measure three thousand cubits in all directions, only the angles at the four cardinal points. The first thousand cubits were to be measured “from the wall of the city,” not from the center of it, the city being “in the midst.” This discovery corrects the diagram of Keil. See Joshua 21:2, note.

Verse 5. And ye shall measure from without the city-two thousand cubits, &c.] Commentators have been much puzzled with the accounts in these two verses. In Numbers 35:4 the measure is said to be 1,000 cubits from the wall; in Numbers 35:5 the measure is said to be 2,000 from without the city. It is likely these two measures mean the same thing; at least so it was understood by the Septuagint and Coptic, who have disciliouv phceiv, 2,000 cubits, in the fourth, as well as in the fifth verse; but this reading of the Septuagint and Coptic is not acknowledged by any other of the ancient versions, nor by any of the MSS. collated by Kennicott and Deuteronomy Rossi. We must seek therefore for some other method of reconciling this apparently contradictory account. Sundry modes have been proposed by commentators, which appear to me, in general, to require full as much explanation as the text itself. Maimonides is the only one intelligible on the subject. “The suburbs,” says he, “of the cities are expressed in the law to be 3,000 cubits on every side from the wall of the city and outwards. The first thousand cubits are the suburbs, and the 2,000, which they measured without the suburbs, were for fields and vineyards.” The whole, therefore, of the city, suburbs, fields, and vineyards, may be represented by the following diagram:—

Verses 4, 5. From the wall of the city a thousand cubits — It appears, by comparing these two verses together, that there were three thousand cubits allowed them from the wall of the city; the first thousand, properly called the suburbs, probably for outhouses, gardens, vineyards, and olive-yards; and the other two for pasturage, which are therefore called the field of the suburbs, (Leviticus 25:34,) by way of distinction from the suburbs themselves.

Verse 4, 5. A thousand cubits—on the east side two thousand cubits. A line of one thousand cubits extending from the centre of the city, east, west, north, and south, would make each side of the square two thousand cubits. This would make the levites happy in gardens, and convenient retreats. God would have his ministers easy in domestic cares, that they may care for the church alone; and from the care he takes of his ministers, they may learn what care they ought to take of his flock.

4, 5. Suburbs… a thousand cubits — There would be no perplexity in making a diagram fulfilling this requirement if it were not added that a distance of two thousand cubits must be measured from without the city on each of the four sides. Eight different kinds of diagrams have been devised to meet the requirements of the text, one of which will be found in Joshua 21:2, note. The Seventy, Josephus, and Philo cut this knot by reading two thousand in both verses. In the summer of 1878 two stones bearing the inscription in old Hebrew and Greek characters, “The limit or boundary of Geser,” were found near Abou-Shushek, the ancient Levitical city of Gezer, (Joshua 21:21,) taken from the Philistines by the king of Egypt, and given by Pharaoh to his daughter, Solomon’s wife. 1 Kings 9:16. This discovery will go far toward fixing the standard of the Jewish cubit, and in determining the shape and extent of the suburbs of these cities. The limit of the inner suburb was one thousand cubits from the wall round about the city, which was probably circular. The outer precincts were two thousand cubits beyond the inner, according to the Hebrew text, to the east, west, north, and south corners; so the boundary of the outlying fields could not have been circular, but diagonal. The suburbs did not measure three thousand cubits in all directions, only the angles at the four cardinal points. The first thousand cubits were to be measured “from the wall of the city,” not from the center of it, the city being “in the midst.” This discovery corrects the diagram of Keil. See Joshua 21:2, note.

V. 6. Cities for refuge-Or, of escape for manslayers: And these cities are assigned among the Levites, partly because they might be presumed to be the most proper and impartial judges between man-slayers, and wilful murderers; partly because their presence and authority would more effectually bridle the passions of the avenger of blood who might pursue him thither; and perhaps to signify, that it is only in Christ (whom the Levitical priests represented) that sinners find refuge and safety from the destroyer.

Verses 6, 7. Cities for refuge — Or, of escape for manslayers. And these cities are assigned among the Levites, partly because they might be presumed to be the most proper and impartial judges between manslayers and wilful murderers; partly because their presence and authority would more effectually bridle the passions of the avenger of blood who might pursue him thither; and perhaps to signify that it is only in Christ (whom the Levitical priests represented) that sinners find refuge and safety from the destroyer. Three of these cities of refuge were in the land of Canaan, and three on the other side Jordan, (verse 14,) and the names of them are set down, Joshua 20:7, 8. Of the forty-eight cities given to the Levites, thirteen were appointed for the priests.

CITIES OF REFUGE, 6-34.

The right of shelter and impunity, (jus asyli,) by fleeing to sacred places, was afforded to the guilty and the unfortunate by the ancient Greeks and Romans. When abuses arose and justice was grossly outraged, the limitation of this privilege was necessary to the preservation of society. Tacitus records the increase of criminals because of the increase of places of asylum among the Greeks and Romans. This merciful and wise provision of Mosaism, so far as the spirit of the age allowed it, prevented all family hatred and war from ever taking place, as was inevitably the case among the other nations, where any bloodshed whatever, whether wilful or accidental, laid the homicide open to the duty of revenge by the relatives of the slain person, who again in their turn were then similarly watched and hunted by the opposite party, until a family war of extermination was the sad heritage of succeeding generations.

6. Cities for refuge… manslayer — Joshua 20:1-9, notes.

Verses 6, 7. Cities for refuge — Or, of escape for manslayers. And these cities are assigned among the Levites, partly because they might be presumed to be the most proper and impartial judges between manslayers and wilful murderers; partly because their presence and authority would more effectually bridle the passions of the avenger of blood who might pursue him thither; and perhaps to signify that it is only in Christ (whom the Levitical priests represented) that sinners find refuge and safety from the destroyer. Three of these cities of refuge were in the land of Canaan, and three on the other side Jordan, (verse 14,) and the names of them are set down, Joshua 20:7, 8. Of the forty-eight cities given to the Levites, thirteen were appointed for the priests.

CITIES OF REFUGE, 6-34.

The right of shelter and impunity, (jus asyli,) by fleeing to sacred places, was afforded to the guilty and the unfortunate by the ancient Greeks and Romans. When abuses arose and justice was grossly outraged, the limitation of this privilege was necessary to the preservation of society. Tacitus records the increase of criminals because of the increase of places of asylum among the Greeks and Romans. This merciful and wise provision of Mosaism, so far as the spirit of the age allowed it, prevented all family hatred and war from ever taking place, as was inevitably the case among the other nations, where any bloodshed whatever, whether wilful or accidental, laid the homicide open to the duty of revenge by the relatives of the slain person, who again in their turn were then similarly watched and hunted by the opposite party, until a family war of extermination was the sad heritage of succeeding generations.

6. Cities for refuge… manslayer — Joshua 20:1-9, notes.

8. Many… many… few… few — According to Joshua xxi, Judah and Simeon, whose territorial allotments seem to have been blended very early, as predicted by Jacob, (Genesis 49:5, 7,) gave to the Levites nine of their cities, the other tribes gave four each, except Naphtali, who gave only three, making thirty-eight cities west of the Jordan. The eastern tribes gave ten. The thirteen given by Judah, Simeon, and Benjamin were assigned to the priests, being near the tabernacle and temple, and thirty-five to the three Levitical families. “Called out of the whole nation to be the peculiar possession of Jehovah, to watch over his covenant, and teach Israel his rights and his law, (Deuteronomy 31:9-13; 33:8-10; Leviticus 10:11,) the Levites were to form and set forth among all the tribes the eklogh (election) of the nation of Jehovah’s possession, and, by their walk as well as by their calling, to remind the Israelites continually of their own divine calling, to foster and preserve the law and testimony of the Lord in Israel, and to awaken and spread the fear of God and piety among all the tribes.” — Keil and Delitzsch. If the Levitical families had been completely isolated, they would have been in danger of spiritual declension. Their association was a safeguard against this evil.

CITIES OF REFUGE, 6-34.

The right of shelter and impunity, (jus asyli,) by fleeing to sacred places, was afforded to the guilty and the unfortunate by the ancient Greeks and Romans. When abuses arose and justice was grossly outraged, the limitation of this privilege was necessary to the preservation of society. Tacitus records the increase of criminals because of the increase of places of asylum among the Greeks and Romans. This merciful and wise provision of Mosaism, so far as the spirit of the age allowed it, prevented all family hatred and war from ever taking place, as was inevitably the case among the other nations, where any bloodshed whatever, whether wilful or accidental, laid the homicide open to the duty of revenge by the relatives of the slain person, who again in their turn were then similarly watched and hunted by the opposite party, until a family war of extermination was the sad heritage of succeeding generations.

6. Cities for refuge… manslayer — Joshua 20:1-9, notes.

CITIES OF REFUGE, 6-34.

The right of shelter and impunity, (jus asyli,) by fleeing to sacred places, was afforded to the guilty and the unfortunate by the ancient Greeks and Romans. When abuses arose and justice was grossly outraged, the limitation of this privilege was necessary to the preservation of society. Tacitus records the increase of criminals because of the increase of places of asylum among the Greeks and Romans. This merciful and wise provision of Mosaism, so far as the spirit of the age allowed it, prevented all family hatred and war from ever taking place, as was inevitably the case among the other nations, where any bloodshed whatever, whether wilful or accidental, laid the homicide open to the duty of revenge by the relatives of the slain person, who again in their turn were then similarly watched and hunted by the opposite party, until a family war of extermination was the sad heritage of succeeding generations.

6. Cities for refuge… manslayer — Joshua 20:1-9, notes.

V. 11. Unawares-Not wilfully, designedly or maliciously, but through mistake or indiscretion.

Verse 11. Ye shall appoint-cities of refuge] The cities of refuge among the Israelites were widely different from the asyla among the Greeks and Romans, as also from the privileged altars among the Roman Catholics. Those among the Hebrews were for the protection of such only as had slain a person involuntarily. The temples and altars among the latter often served for the protection of the most profligate characters. Cities of refuge among the Hebrews were necessary, because the old patriarchal law still remained in force, viz., that the nearest akin had a right to avenge the death of his relation by slaying the murderer; for the original law enacted that whosoever shed man’s blood, by man should his blood be shed, Genesis 9:6, and none was judged so proper to execute this law as the man who was nearest akin to the deceased. As many rash executions of this law might take place, from the very nature of the thing, it was deemed necessary to qualify its claims, and prevent injustice; and the cities of refuge were judged proper for this purpose. Nor do we ever read that they were ever found inefficient, or that they were ever abused.

Verse 11. Unawares — Or ignorantly, as it is, Deuteronomy 19:4, and Joshua 20:3; that is, besides his intention, having no such design, and no hatred to him, verse 22.

11. Killeth… unawares — Joshua (20:3) adds, “and unwittingly.” See note.

V. 12. From the avenger-Heb. from the redeemer, or, from the next kinsman, to whom by the law belonged the right of redemption of the lands of; and vindication of the injury done to, the person deceased. Die not-Be not killed by the avenger meeting him in some other place. Before the congregation-Before the judges or elders who were appointed in every city for the decision of criminal causes, who were to examine, and that publickly before the people, whether the murder was wilful or casual.

Verse 12. Until he stand before the congregation in judgment.] So one of these cities was not a perpetual asylum; It was only a pro tempore refuge, till the case could be fairly examined by the magistrates in the presence of the people, or the elders their representatives; and this was done in the city or place where he had done the murder, Joshua 20:4,

6. If he was found worthy of death, they delivered him to the avenger that he might be slain, Deuteronomy 19:12; if not, they sent him back to the city of refuge, where he remained till the death of the high priest, Numbers 35:25. Before the cities of refuge were appointed, the altar appears to have been a sanctuary for those who had killed a person unwittingly; see on Exodus 21:13, 14.

Verse 12. From the avenger — Hebrew, from the redeemer, or, from the next kinsman; to whom, by the law, belonged the right of redemption of the lands of, and vindication of the injury done to, the person deceased. Die not — Be not killed by the avenger meeting him in some other place. Before the congregation — Before the judges or elders who were appointed in every city for the decision of criminal causes, who were to examine, and that publicly before the people, whether the murder was wilful or casual.

12. Avenger — Joshua adds, “of blood.” See note cited above. The goel, redeemer, is “that particular relative whose special duty it was to restore the violated family integrity, who had to redeem not only landed property that had been alienated from the family, or a member of the family who had fallen into servitude, (Leviticus 25:25-47,) but also the blood that had been taken away from the family by murder.” — Oehler. Until he stand before the congregation — The refugee, on his arrival at the city of refuge, made his plea to the elders of the city, who protected him till he was sent for. See note on Joshua 20:6. The cities of refuge were not designed to screen a real murderer from being put to death, but merely to secure a fair judicial investigation.

CITIES OF REFUGE, 6-34.

The right of shelter and impunity, (jus asyli,) by fleeing to sacred places, was afforded to the guilty and the unfortunate by the ancient Greeks and Romans. When abuses arose and justice was grossly outraged, the limitation of this privilege was necessary to the preservation of society. Tacitus records the increase of criminals because of the increase of places of asylum among the Greeks and Romans. This merciful and wise provision of Mosaism, so far as the spirit of the age allowed it, prevented all family hatred and war from ever taking place, as was inevitably the case among the other nations, where any bloodshed whatever, whether wilful or accidental, laid the homicide open to the duty of revenge by the relatives of the slain person, who again in their turn were then similarly watched and hunted by the opposite party, until a family war of extermination was the sad heritage of succeeding generations.

6. Cities for refuge… manslayer — Joshua 20:1-9, notes.

V. 14. On this side Jordan-Because that land was as long as Canaan, though not so broad, and besides these might be convenient for many of them that lived in Canaan.

Verses 14-16. On this side Jordan — Because that land was as long as Canaan, though not so broad; and besides, these might be convenient for many of them that lived in Canaan. If he smite him — Wittingly and wilfully, though not with premeditated malice. He shall be put to death — Yea, though he had fled into the city of refuge.

14. Three cities on this side Jordan — The cities of refuge east of the Jordan were Bezer in the south, Ramoth in Gilead, and Golan in Bashan. Joshua 20:8, note. Three cities… in… Canaan — These were Kedesh in Galilee Shechem (Nablous) in Mount Ephraim, and Hebron in Judah. Joshua 20:7, note. An inspection of the map will show how admirably these cities were distributed for the accomplishment of their purpose. These were all Levitical or priests’ cities, because the administration of justice is germane to religion, being its natural fruitage. Jehovah also had a peculiar ownership in these cities, which rendered them eminently fitting for refuge to those who were in trouble.

Verses 14-16. On this side Jordan — Because that land was as long as Canaan, though not so broad; and besides, these might be convenient for many of them that lived in Canaan. If he smite him — Wittingly and wilfully, though not with premeditated malice. He shall be put to death — Yea, though he had fled into the city of refuge.

15. The stranger — A temporary resident. The sojourner — Literally the dweller — one who remains a settler in Israel but is not an owner of land (Leviticus 25:40) nor a partaker of the sacred gifts. Leviticus 22:10; 23:22, notes. May flee thither — To facilitate the flight Moses commanded the roads to the cities of refuge to be kept open. Deuteronomy 19:3. The Talmud adds that at the crossroads posts were erected bearing the word REFUGE to direct the fugitive, lest he should miss his way and fall into the hands of the avenger.

V. 16. If he smite him-Wittingly and wilfully, though not with premeditated malice. He shall be put to death-Yea though he were fled into the city of refuge.

Verses 14-16. On this side Jordan — Because that land was as long as Canaan, though not so broad; and besides, these might be convenient for many of them that lived in Canaan. If he smite him — Wittingly and wilfully, though not with premeditated malice. He shall be put to death — Yea, though he had fled into the city of refuge.

THE INTENTIONAL MANSLAYER, 16-21.

16-21. If any person has struck another with an instrument of iron, as an axe or hammer, or with a stone, literally, a stone of the hand, that is, large enough to fill the hand and to kill a man with, or with a hand weapon of wood, as a thick club, and death ensued, a murderous intent is inferred, and the death penalty is inflicted. An ambuscade or laying of wait, preceding the fatal blow, is a still stronger proof of malice aforethought. Genesis 9:5, 6; Exodus 20:13, note. Capital punishment is discussed in Leviticus 24:21, note, and in the concluding note of the same chapter. The revenger of blood shall slay the murderer — This duty was never outlawed by any limitation of time or of place, save within the walls of the city of refuge. If the offender took refuge in a free city the elders of the city were to hand him over to the avenger, or goel, to be slain. Genesis 4:15, note; Deuteronomy 19:11, 12. THE UNINTENTIONAL MANSLAYER, 22-28.

Human life is so sacred that it must be hedged about by all possible safeguards. Hence, when one kills another by casualty, perfectly innocent of any evil intention, he must undergo the privation of his liberty by a lifelong imprisonment in the city of refuge. Such a liability tended to the utmost caution in the intercourse of man with man.

THE INTENTIONAL MANSLAYER, 16-21.

16-21. If any person has struck another with an instrument of iron, as an axe or hammer, or with a stone, literally, a stone of the hand, that is, large enough to fill the hand and to kill a man with, or with a hand weapon of wood, as a thick club, and death ensued, a murderous intent is inferred, and the death penalty is inflicted. An ambuscade or laying of wait, preceding the fatal blow, is a still stronger proof of malice aforethought. Genesis 9:5, 6; Exodus 20:13, note. Capital punishment is discussed in Leviticus 24:21, note, and in the concluding note of the same chapter. The revenger of blood shall slay the murderer — This duty was never outlawed by any limitation of time or of place, save within the walls of the city of refuge. If the offender took refuge in a free city the elders of the city were to hand him over to the avenger, or goel, to be slain. Genesis 4:15, note; Deuteronomy 19:11, 12. THE UNINTENTIONAL MANSLAYER, 22-28.

Human life is so sacred that it must be hedged about by all possible safeguards. Hence, when one kills another by casualty, perfectly innocent of any evil intention, he must undergo the privation of his liberty by a lifelong imprisonment in the city of refuge. Such a liability tended to the utmost caution in the intercourse of man with man.

Verse 18. With a hand-weapon — It made no difference with what kind of weapon he was killed, whether it was of iron, wood, or stone. If he was killed wittingly and knowingly, it was murder, and the guilty person was to die for it. For though perhaps he had no intention to kill the person, yet he ought to have moderated his passion, and could not be ignorant that such an instrument was capable of inflicting a deadly wound.

THE INTENTIONAL MANSLAYER, 16-21.

16-21. If any person has struck another with an instrument of iron, as an axe or hammer, or with a stone, literally, a stone of the hand, that is, large enough to fill the hand and to kill a man with, or with a hand weapon of wood, as a thick club, and death ensued, a murderous intent is inferred, and the death penalty is inflicted. An ambuscade or laying of wait, preceding the fatal blow, is a still stronger proof of malice aforethought. Genesis 9:5, 6; Exodus 20:13, note. Capital punishment is discussed in Leviticus 24:21, note, and in the concluding note of the same chapter. The revenger of blood shall slay the murderer — This duty was never outlawed by any limitation of time or of place, save within the walls of the city of refuge. If the offender took refuge in a free city the elders of the city were to hand him over to the avenger, or goel, to be slain. Genesis 4:15, note; Deuteronomy 19:11, 12. THE UNINTENTIONAL MANSLAYER, 22-28.

Human life is so sacred that it must be hedged about by all possible safeguards. Hence, when one kills another by casualty, perfectly innocent of any evil intention, he must undergo the privation of his liberty by a lifelong imprisonment in the city of refuge. Such a liability tended to the utmost caution in the intercourse of man with man.

V. 19. He shall slay him-Either by himself, as the following words shew; so it is a permission, that he may do it without offence to God or danger to himself: or by the magistrate, from whom he shall demand justice: so it is a command.

Verse 19. The revenger of blood] הדם lag goel haddam, the redeemer of blood; the next in blood to him who was slain. See on the preceding verse.

Verse 19. Himself shall slay the murderer — Le Clerc translates it, It shall be lawful for the revenger to kill him: for it seems to be a mere permission, not a precept. He might, without offence to God, or danger to himself, kill the murderer with his own hand. But if he were not able, or did not choose to do it, he stood bound to prosecute him and bring him to justice.

THE INTENTIONAL MANSLAYER, 16-21.

16-21. If any person has struck another with an instrument of iron, as an axe or hammer, or with a stone, literally, a stone of the hand, that is, large enough to fill the hand and to kill a man with, or with a hand weapon of wood, as a thick club, and death ensued, a murderous intent is inferred, and the death penalty is inflicted. An ambuscade or laying of wait, preceding the fatal blow, is a still stronger proof of malice aforethought. Genesis 9:5, 6; Exodus 20:13, note. Capital punishment is discussed in Leviticus 24:21, note, and in the concluding note of the same chapter. The revenger of blood shall slay the murderer — This duty was never outlawed by any limitation of time or of place, save within the walls of the city of refuge. If the offender took refuge in a free city the elders of the city were to hand him over to the avenger, or goel, to be slain. Genesis 4:15, note; Deuteronomy 19:11, 12. THE UNINTENTIONAL MANSLAYER, 22-28.

Human life is so sacred that it must be hedged about by all possible safeguards. Hence, when one kills another by casualty, perfectly innocent of any evil intention, he must undergo the privation of his liberty by a lifelong imprisonment in the city of refuge. Such a liability tended to the utmost caution in the intercourse of man with man.

THE INTENTIONAL MANSLAYER, 16-21.

16-21. If any person has struck another with an instrument of iron, as an axe or hammer, or with a stone, literally, a stone of the hand, that is, large enough to fill the hand and to kill a man with, or with a hand weapon of wood, as a thick club, and death ensued, a murderous intent is inferred, and the death penalty is inflicted. An ambuscade or laying of wait, preceding the fatal blow, is a still stronger proof of malice aforethought. Genesis 9:5, 6; Exodus 20:13, note. Capital punishment is discussed in Leviticus 24:21, note, and in the concluding note of the same chapter. The revenger of blood shall slay the murderer — This duty was never outlawed by any limitation of time or of place, save within the walls of the city of refuge. If the offender took refuge in a free city the elders of the city were to hand him over to the avenger, or goel, to be slain. Genesis 4:15, note; Deuteronomy 19:11, 12. THE UNINTENTIONAL MANSLAYER, 22-28.

Human life is so sacred that it must be hedged about by all possible safeguards. Hence, when one kills another by casualty, perfectly innocent of any evil intention, he must undergo the privation of his liberty by a lifelong imprisonment in the city of refuge. Such a liability tended to the utmost caution in the intercourse of man with man.

THE INTENTIONAL MANSLAYER, 16-21.

16-21. If any person has struck another with an instrument of iron, as an axe or hammer, or with a stone, literally, a stone of the hand, that is, large enough to fill the hand and to kill a man with, or with a hand weapon of wood, as a thick club, and death ensued, a murderous intent is inferred, and the death penalty is inflicted. An ambuscade or laying of wait, preceding the fatal blow, is a still stronger proof of malice aforethought. Genesis 9:5, 6; Exodus 20:13, note. Capital punishment is discussed in Leviticus 24:21, note, and in the concluding note of the same chapter. The revenger of blood shall slay the murderer — This duty was never outlawed by any limitation of time or of place, save within the walls of the city of refuge. If the offender took refuge in a free city the elders of the city were to hand him over to the avenger, or goel, to be slain. Genesis 4:15, note; Deuteronomy 19:11, 12. THE UNINTENTIONAL MANSLAYER, 22-28.

Human life is so sacred that it must be hedged about by all possible safeguards. Hence, when one kills another by casualty, perfectly innocent of any evil intention, he must undergo the privation of his liberty by a lifelong imprisonment in the city of refuge. Such a liability tended to the utmost caution in the intercourse of man with man.

CITIES OF REFUGE, 6-34.

The right of shelter and impunity, (jus asyli,) by fleeing to sacred places, was afforded to the guilty and the unfortunate by the ancient Greeks and Romans. When abuses arose and justice was grossly outraged, the limitation of this privilege was necessary to the preservation of society. Tacitus records the increase of criminals because of the increase of places of asylum among the Greeks and Romans. This merciful and wise provision of Mosaism, so far as the spirit of the age allowed it, prevented all family hatred and war from ever taking place, as was inevitably the case among the other nations, where any bloodshed whatever, whether wilful or accidental, laid the homicide open to the duty of revenge by the relatives of the slain person, who again in their turn were then similarly watched and hunted by the opposite party, until a family war of extermination was the sad heritage of succeeding generations.

6. Cities for refuge… manslayer — Joshua 20:1-9, notes.

23. Stone… cast it upon him — Here is a case of anacoluthon, or want of grammatical sequence, in the Hebrew. The writer evidently begins the sentence with the word “smite” (verse 17) in his mind, and discovering its inappropriateness substitutes let fall, too strongly rendered in the English by cast it upon. The case of casual killing is more clearly illustrated in Deuteronomy 19:4, 5.

V. 24. Then-If the man-slayer flee to to the city of refuge.

Ver. 24. The congregation shall judge; that is, the elders surrounded by the people, as appears from Deuteronomy 19:12.

24. These judgments — The provisions of this statute.

Verse 25. He shall abide in it — Shall be confined to it. Which was appointed, 1st, To show the hatefulness of murder in God’s account, by such a severe punishment, inflicted upon the very appearance of it: 2d, For the security of the manslayer, lest the presence of such a person, and his living among the kindred of the deceased, might occasion reproach and bloodshed: And, 3d, To teach others to be very watchful over themselves, lest by negligence they should chance to kill any one, and so be compelled to leave their own homes, families, and friends. The death of the high-priest — Perhaps to show that the death of Christ, the true High-Priest, whom the others represented, is the only means whereby sins are pardoned, and sinners set at liberty.

Ver. 25. He shall abide in it to the death of the highpriest, who was regarded as the spiritual father of all Israel; and while a man was mourning for the death of a father, he could not think of avenging a case of manslaughter with the blood of a brother.

25. Unto the death of the high priest — The reason for this requirement is not given. May it not be to symbolize that the death of the antitypical High Priest, Jesus Christ, constitutes a successful plea against the demands of divine justice as the sin avenger? It is a Jewish tradition that the mother of the high priest made presents to the refugees that they might not be praying for the death of her son. Holy oil — Anointing with this oil was a symbol of the Holy Spirit imparted. Hence the high priest’s death may be considered as in a sense expiatory, so that the refugee might return cleansed to his own city. For the preparation of the anointing oil see Exodus 30:23, 24; Leviticus 4:3, note.

V. 26. He shall abide in it-Be confined to it, partly to shew the hatefulness of murder in God’s account by so severe a punishment, inflicted upon the very appearance of it, and partly for the security of the man-slayer, lest the presence of such a person, and his conversation among the kindred of the deceased, might occasion reproach and blood-shed. The death of the high-priest-Perhaps to shew that the death of Christ (the true High-priest, whom the others represented) is the only means whereby sins are pardoned and sinners set at liberty.

26, 27. If the slayer… at any time come without — He could not leave the asylum to bury his dead, to worship in the great feasts, nor to testify in the courts. He was constructively dead while his life was hidden in the city of refuge. Colossians 3:3, note. No mere lapse of time can satisfy the claims of justice, as many vainly imagine who dream that sin will eventually disappear, even in the case of those who have deliberately thrust aside the cover of the atoning blood of Jesus Christ and count it as a common thing. If these verses have any spiritual significance, it is that a saved soul may fall away from salvation and be finally lost.

V. 27. Not guilty-Not liable to punishment from men, though not free of guilt before God. This God ordained to oblige the man-slayer to abide in his city of refuge.

Verse 27. Not guilty — Not liable to punishment from men, though not free of guilt before God. This God ordained, to oblige the manslayer to abide in his city of refuge.

26, 27. If the slayer… at any time come without — He could not leave the asylum to bury his dead, to worship in the great feasts, nor to testify in the courts. He was constructively dead while his life was hidden in the city of refuge. Colossians 3:3, note. No mere lapse of time can satisfy the claims of justice, as many vainly imagine who dream that sin will eventually disappear, even in the case of those who have deliberately thrust aside the cover of the atoning blood of Jesus Christ and count it as a common thing. If these verses have any spiritual significance, it is that a saved soul may fall away from salvation and be finally lost.

CITIES OF REFUGE, 6-34.

The right of shelter and impunity, (jus asyli,) by fleeing to sacred places, was afforded to the guilty and the unfortunate by the ancient Greeks and Romans. When abuses arose and justice was grossly outraged, the limitation of this privilege was necessary to the preservation of society. Tacitus records the increase of criminals because of the increase of places of asylum among the Greeks and Romans. This merciful and wise provision of Mosaism, so far as the spirit of the age allowed it, prevented all family hatred and war from ever taking place, as was inevitably the case among the other nations, where any bloodshed whatever, whether wilful or accidental, laid the homicide open to the duty of revenge by the relatives of the slain person, who again in their turn were then similarly watched and hunted by the opposite party, until a family war of extermination was the sad heritage of succeeding generations.

6. Cities for refuge… manslayer — Joshua 20:1-9, notes.

CITIES OF REFUGE, 6-34.

The right of shelter and impunity, (jus asyli,) by fleeing to sacred places, was afforded to the guilty and the unfortunate by the ancient Greeks and Romans. When abuses arose and justice was grossly outraged, the limitation of this privilege was necessary to the preservation of society. Tacitus records the increase of criminals because of the increase of places of asylum among the Greeks and Romans. This merciful and wise provision of Mosaism, so far as the spirit of the age allowed it, prevented all family hatred and war from ever taking place, as was inevitably the case among the other nations, where any bloodshed whatever, whether wilful or accidental, laid the homicide open to the duty of revenge by the relatives of the slain person, who again in their turn were then similarly watched and hunted by the opposite party, until a family war of extermination was the sad heritage of succeeding generations.

6. Cities for refuge… manslayer — Joshua 20:1-9, notes.

Verse 30. But one witness shall not testify against any] This was a just and necessary provision. One may be mistaken, or so violently prejudiced as to impose even on his own judgment, or so wicked as to endeavour through malice to compass the life of his neighbour: but it is not likely that two or more should be of this kind; and even were they, their separate examination would lead to a discovery of the truth, and to their conviction.

Verses 30, 31. By the mouth of witnesses — A wise precaution to prevent the shedding of innocent blood. If we may credit the Jews, where there was but one witness, and the person accused of murder could not, therefore, be put to death, yet he did not escape without punishment, but was thrown into a very strait prison, and there fed with bread and water. Ye shall take no satisfaction — This rigid severity of the law served to impress the minds of the people with a deep sense of the heinousness of the crime of murder, since nothing less than the blood of the murderer could compensate for the crime, and cleanse the land from its pollution. And it is but just in itself that life should pay for life.

30. By the mouth of witnesses — It required two to convict of a capital crime, (Deuteronomy 17:6,) and two or three to convict of other crimes. Deuteronomy 19:15; 1 Timothy 5:19, notes. The Jews here literally followed this statute, and insisted that the testimony be given by the mouth and not by writing.

Verse 31. Ye shall take no satisfaction for the life of a murderer] No atonement could be made for him, nor any commutation, so as to save him from death. All the laws of the civilized world have either adjudged the murderer to death, or to a punishment equivalent to it; such as perpetual imprisonment, in a dungeon, under ground, on a stone floor, without light, and to be fed on a small portion of bread and water. In such circumstances a man could live but a short time; and though it is not called the punishment of death, yet, from its inevitable consequences, it only differed from it by being a little longer respite than was usual where the punishment of death was awarded. See Clarke’s note on “Genesis 9:6”.

Verses 30, 31. By the mouth of witnesses — A wise precaution to prevent the shedding of innocent blood. If we may credit the Jews, where there was but one witness, and the person accused of murder could not, therefore, be put to death, yet he did not escape without punishment, but was thrown into a very strait prison, and there fed with bread and water. Ye shall take no satisfaction — This rigid severity of the law served to impress the minds of the people with a deep sense of the heinousness of the crime of murder, since nothing less than the blood of the murderer could compensate for the crime, and cleanse the land from its pollution. And it is but just in itself that life should pay for life.

31. No satisfaction for… a murderer — In the LXX. the words “satisfaction for the life” are almost exactly those used by Jesus Christ in Matthew 20:28, “To give his life a ransom for many.” Human life is too sacred to be paid for in gold and silver. Without the shedding of blood there is no possible atonement for murder. The soul of the murdered man is the possession of God, and not of the avenger of blood; hence he is forbidden to accept ransom money. Imprisonment for life is not a sufficient expiation. Vers. 16-21, note.

Verse 32. Until the death of the priest.] Probably intended to typify, that no sinner can be delivered from his banishment from God, or recover his forfeited inheritance, till Jesus Christ, the great high priest, had died for his offences, and risen again for his justification.

CITIES OF REFUGE, 6-34.

The right of shelter and impunity, (jus asyli,) by fleeing to sacred places, was afforded to the guilty and the unfortunate by the ancient Greeks and Romans. When abuses arose and justice was grossly outraged, the limitation of this privilege was necessary to the preservation of society. Tacitus records the increase of criminals because of the increase of places of asylum among the Greeks and Romans. This merciful and wise provision of Mosaism, so far as the spirit of the age allowed it, prevented all family hatred and war from ever taking place, as was inevitably the case among the other nations, where any bloodshed whatever, whether wilful or accidental, laid the homicide open to the duty of revenge by the relatives of the slain person, who again in their turn were then similarly watched and hunted by the opposite party, until a family war of extermination was the sad heritage of succeeding generations.

6. Cities for refuge… manslayer — Joshua 20:1-9, notes.

Verse 33. For blood it defileth the land] The very land was considered as guilty till the blood of the murderer was shed in it. No wonder God is so particularly strict in his laws against murderers, 1. Because he is the author of life, and none have any right to dispose of it but himself. 2. Because life is the time to prepare for the eternal world, and on it the salvation of the soul accordingly depends; therefore it is of infinite consequence to the man that his life be lengthened out to the utmost limits assigned by Divine Providence. As he who takes a man’s life away before his time may be the murderer of his soul as well as of his body, the severest laws should be enacted against this, both to punish and prevent the crime. THE Mosaic cities of refuge have in general been considered, not merely as civil institutions, but as types or representations of infinitely better things; and in this light St. Paul seems to have considered them and the altar of God, which was a place of general refuge, as it is pretty evident that he had them in view when writing the following words: “God, willing more abundantly to show unto the heirs of promise the immutability of his counsel, confirmed it by an oath; that by two immutable things, (his oath and promise,) in which it was impossible for God to lie, we might have a strong consolation who have FLED for REFUGE to lay HOLD upon the HOPE set before us,” Hebrews 6:17, 18. Independently of this, it was a very wise political institute; and while the patriarchal law on this point continued in force, this law had a direct tendency to cool and moderate the spirit of revenge, to secure the proper accomplishment of the ends of justice, and to make way for every claim of mercy and equity. But this is not peculiar to the ordinance of the cities of refuge; every institution of God is distinguished in the same way, having his own glory, in the present and eternal welfare of man, immediately in view.

NUMBERS

Ver. 33. Blood defileth the land. Therefore it must be purged by the blood of him that shed it. This principle seems fully to justify the war against Amalek and Moab. By consequence every man-slayer was tried by the elders in the gate, before he could be admitted to the asylum.

33. Not pollute the land — According to the conception of both Greeks and Hebrews an unavenged murder stained the land with guilt and exposed it to the most dreadful judgments. A government in sympathy with crime, or indifferent to the claims of justice, ought to feel the bolts of divine wrath. Cannot be cleansed — Literally, “and for the land atonement is not made except in the blood of him that murderously shed blood.” The atonement was not effected by the blood of the murderer as a sacrificial victim, but by the righteous conduct of the authorities and people in slaying him, and thus endeavoring to make murder odious. See the Greek tragedy, “OEdipus Rex.”

Verse 34. Defile not the land wherein I dwell — It is often assigned as a reason why they should put away all polluted persons and things out of their camp and land, because God dwelt in them, by his peculiar presence, whence this land was called the Holy Land. It is the case of all crimes, that they defile the land in which they are committed, and render it odious and unclean in the sight of God; but it is more especially true of murder, which is the highest of all injuries against human society, and against God, in whose image man was created.

34. The land… wherein I dwell — The omnipresent Deity specially manifested his presence in Israel, and so sanctified their land. This was a special reason why the people might not pollute it. Exodus 25:8; Numbers 5:3, notes.

CONCLUDING NOTE.

The purpose of the cities of refuge was humane. Moses found the law of revenge so deeply rooted in the habits of the people that it was impossible to eradicate it altogether. He could only check its execution and mitigate its horrors. He did not design to screen the real murderer from punishment, but merely to secure a fair judicial investigation. If convicted of murder, the culprit was handed over to the avenger of blood, who was himself to be the executioner.

But in the case of the purely accidental homicide — through such an accident as the axe slipping from the helve — there seems but scant justice, bordering hard on injustice, accorded to the innocent. He must take to his heels and run for dear life, with the possibility of being struck down by the swifter avenger. The utmost favour shown to him, if he entered the gate, was to be shut up in the city, and to be exposed to be killed as an outlaw if he ventured out. Cruel and unjust as was the custom of blood avenging, it has prevailed substantially among the many tribes in these Oriental lands from remote ages down to this day; and although there are now no cities of refuge, still no manslayer is safe outside the city gate. Christianity is the only cure for such injustice.