Bibelkommentare

The Cities of Refuge (1452 BC)

⁹ And the LORD spake unto Moses, saying,
¹⁰ Speak unto the children of Israel, and say unto them, When ye be come over Jordan into the land of Canaan;
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.
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.
¹³ And of these cities which ye shall give six cities shall ye have for refuge.
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.
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.
¹⁶ And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death.
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.
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.
¹⁹ The revenger of blood himself shall slay the murderer: when he meeteth him, he shall slay him.
²⁰ But if he thrust him of hatred, or hurl at him by laying of wait, that he die;
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.
²² But if he thrust him suddenly without enmity, or have cast upon him any thing without laying of wait,
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:
²⁴ Then the congregation shall judge between the slayer and the revenger of blood according to these judgments:
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.
²⁶ But if the slayer shall at any time come without the border of the city of his refuge, whither he was fled;
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:
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.
²⁹ So these things shall be for a statute of judgment unto you throughout your generations in all your dwellings.
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.
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.
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.
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.
³⁴ Defile not therefore the land which ye shall inhabit, wherein I dwell: for I the LORD dwell among the children of Israel.

We have here the orders given concerning the cities of refuge, fitly annexed to what goes before, because they were all Levites' cities. In this part of the constitution there is a great deal both of good law and pure gospel.

I. Here is a great deal of good law, in the case of murder and manslaughter, a case of which the laws of all nations have taken particular cognizance. It is here enacted and provided, consonant to natural equity,

1. That wilful murder should be punished with death, and in that case no sanctuary should be allowed, no ransom taken, nor any commutation of the punishment accepted: The murderer shall surely be put to death, Nu 35:16. It is supposed to be done of hatred (Nu 35:20), or in enmity (Nu 35:21), upon a sudden provocation (for our Saviour makes rash anger, as well as malice prepense, to be murder, Mt 5:21,22), whether the person be murdered with an instrument of iron (Nu 35:16) or wood (Nu 35:18), or with a stone thrown at him (Nu 35:17,20); nay, if he smite him with his hand in enmity, and death ensue, it is murder (Nu 35:21); and it was an ancient law, consonant to the law of nature, that whoso sheds man's blood, by man shall his blood be shed, Ge 9:6. Where wrong has been done restitution must be made; and, since the murderer cannot restore the life he has wrongfully taken away, his own must be exacted from him in lieu of it, not (as some have fancied) to satisfy the manes or ghost of the person slain, but to satisfy the law and the justice of a nation; and to be a warning to all others not to do likewise. It is here said, and it is well worthy the consideration of all princes and states, that blood defiles not only the conscience of the murderer, who is thereby proved not to have eternal life abiding in him (1Jo 3:15), but also the land in which it is shed; so very offensive is it to God and all good men, and the worst of nuisances. And it is added that the land cannot be cleansed from the blood of the murdered, but by the blood of the murderer, Nu 35:33. If murderers escape punishment from men, those that suffer them to escape will have a great deal to answer for, and God will nevertheless not suffer them to escape his righteous judgments. Upon the same principle it is provided that no satisfaction should be taken for the life of a murderer (Nu 35:31): If a man would give all the substance of his house to the judges, to the country, or to the avenger of blood, to atone for his crime, it must utterly be contemned. The redemption of the life is so precious that it cannot be obtained by the multitude of riches (Ps 49:6-8), which perhaps may allude to this law. A rule of law comes in here (which is a rule of our law in cases of treason only) that no man shall be put to death upon the testimony of one witness, but it was necessary there should be two (Nu 35:30); this law is settled in all capital cases, De 17:6,19:15. And, lastly, not only the prosecution, but the execution, of the murderer, is committed to the next of kin, who, as he was to be the redeemer of his kinsman's estate if it were mortgaged, so he was to be the avenger of his blood if he were murdered (Nu 35:19): The avenger of blood himself shall slay the murderer, if he be convicted by the notorious evidence of the fact, and he needed not to have recourse by a judicial process to the court of judgment. But if it were uncertain who the murderer was, and the proof doubtful, we cannot think that his bare suspicion, or surmise, would empower him to do that which the judges themselves could not do but upon the testimony of two witnesses. Only if the fact were plain then the next heir of the person slain might himself, in a just indignation, slay the murderer wherever he met him. Some think this must be understood to be after the lawful judgment of the magistrate, and so the Chaldee says, "He shall slay him, when he shall be condemned unto him by judgment;" but it should seem, by Nu 35:24, that the judges interposed only in a doubtful case, and that if the person on whom he took vengeance was indeed the murderer, and a wilful murderer, the avenger was innocent (Nu 35:27), only, if it proved otherwise, it was at his peril. Our law allows an appeal to be brought against a murderer by the widow, or next heir, of the person murdered, yea, though the murderer have been acquitted upon an indictment; and, if the murderer be found guilty upon that appeal, execution shall be awarded at the suit of the appellant, who may properly be called the avenger of blood.

2. But if the homicide was not voluntary, nor done designedly, if it was without enmity, or lying in wait (Nu 35:22), not seeing the person or not seeking his harm (Nu 35:23), which our law calls chance-medley, or homicide per infortunium—through misfortune, in this case there were cities of refuge appointed for the manslayer to flee to. By our law this incurs a forfeiture of goods, but a pardon is granted of course upon the special matter found. Concerning the cities of refuge the law was, (1.) That, if a man killed another, in these cities he was safe, and under the protection of the law, till he had his trial before the congregation, that is, before the judges in open court. If he neglected thus to surrender himself, it was at his peril; if the avenger of blood met him elsewhere, or overtook him loitering in his way to the city of refuge, and slew him, his blood was upon his own head, because he did not make use of the security which God had provided for him. (2.) If, upon trial, it were found to be willful murder, the city of refuge should no longer be a protection to him; it was already determined: Thou shalt take him from my altar, that he may die, Ex 21:14. (3.) But if it were found to be by error or accident, and that the stroke was given without any design upon the life of the person slain or any other, then the man-slayer should continue safe in the city of refuge, and the avenger of blood might not meddle with him, Nu 35:25. There he was to remain in banishment from his own house and patrimony till the death of the high priest; and, if at any time he went out of that city or the suburbs of it, he put himself out of the protection of the law, and the avenger of blood, if he met him, might slay him, Nu 35:26-28. Now, [1.] By the preservation of the life of the man-slayer God would teach us that men ought not to suffer for that which is rather their unhappiness than their crime, rather the act of Providence than their own act, for God delivered him into his hand, Ex 21:13. [2.] By the banishment of the man-slayer from his own city, and his confinement to the city of refuge, where he was in a manner a prisoner, God would teach us to conceive a dread and horror of the guilt of blood, and to be very careful of life, and always afraid lest by oversight or negligence we occasion the death of any. [3.] By the limiting of the time of the offender's banishment to the death of the high priest, an honour was put upon that sacred office. The high priest was to be looked upon as so great a blessing to his country that when he died their sorrow upon that occasion should swallow up all other resentments. The cities of refuge being all of them Levites' cities, and the high priest being the head of that tribe, and consequently having a peculiar dominion over these cites, those that were confined to them might properly be looked upon as his prisoners, and so his death must be their discharge; it was, as it were, at his suit that the delinquent was imprisoned, and therefore at his death it fell. Actio moritur cum persona—The suit expires with the party. Anisworth has another notion of it, That as the high priests, while they lived, by their service and sacrificing made atonement for sin, wherein they prefigured Christ's satisfaction, so, at their death, those were released that had been exiled for casual murder, which typified redemption in Israel. [4.] By the abandoning of the prisoner to the avenger of blood, in case he at any time went out of the limits of the city of refuge, they were taught to adhere to the methods which Infinite Wisdom prescribed for their security. It was for the honour of a remedial law that it should be so strictly observed. How can we expect to be saved if we neglect the salvation, which is indeed a great salvation!

II. Here is a great deal of good gospel couched under the type and figure of the cities of refuge; and to them the apostle seems to allude when he speaks of our fleeing for refuge to the hope set before is (Heb 6:18), and being found in Christ, Php 3:9. We never read in the history of the Old Testament of any use made of these cities of refuge, any more than of other such institutions, which yet, no doubt, were made use of upon the occasions intended; only we read of those that, in dangerous cases, took hold of the horns of the altar (1Ki 1:50,2:28); for the altar, wherever that stood, was, as it were the capital city of refuge. But the law concerning these cities was designed both to raise and to encourage the expectations of those who looked for redemption in Israel, which should be to those who were convinced of sin, and in terror by reason of it, as the cities of refuge were to the man-slayer. Observe, 1. There were several cities of refuge, and they were so appointed in several parts of the country that the man-slayer, wherever he dwelt in the land of Israel, might in half a day reach one or other of them; so, though there is but one Christ appointed for our refuge, yet, wherever we are, he is a refuge at hand, a very present help, for the word is nigh us and Christ in the word. 2. The man-slayer was safe in any of these cities; so in Christ believers that flee to him, and rest in him, are protected from the wrath of God and the curse of the law. There is no condemnation to those that are in Christ Jesus, Ro 8:1. Who shall condemn those that are thus sheltered? 3. They were all Levites' cities; it was a kindness to the poor prisoner that though he might not go up to the place where the ark was, yet he was in the midst of Levites, who would teach him the good knowledge of the Lord, and instruct him how to improve the providence he was now under. It might also be expected that the Levites would comfort and encourage him, and bid him welcome; so it is the work of gospel ministers to bid poor sinners welcome to Christ, and to assist and counsel those that through grace are in him. 4. Even strangers and sojourners, though they were not native Israelites, might take the benefit of these cities of refuge, Nu 35:15. So in Christ Jesus no difference in made between Greek and Jew; even the sons of the stranger that by faith flee to Christ shall be safe in him. 5. Even the suburbs or borders of the city were a sufficient security to the offender, Nu 35:26,27. So there is virtue even in the hem of Christ's garment for the healing and saving of poor sinners. If we cannot reach to a full assurance, we may comfort ourselves in a good hope through grace. 6. The protection which the man-slayer found in the city of refuge was not owing to the strength of its walls, or gates, or bars, but purely to the divine appointment; so it is the word of the gospel that gives souls safety in Christ, for him hath God the Father sealed. 7. If the offender was ever caught struggling out of the borders of his city of refuge, or stealing home to his house again, he lost the benefit of his protection, and lay exposed to the avenger of blood; so those that are in Christ must abide in Christ, for it is at their peril if they forsake him and wander from him. Drawing back is to perdition.

Speak unto the children of Israel, and say unto them,.... Now, directly:

when ye come over Jordan into the land of Canaan; as they quickly would, being now very near it, and of which there was the utmost certainty, since the Lord had promised to bring them over that river, and put them in possession of that land.

No text from Poole on this verse.

(10, 11) When ye be come over Jordan . . . —Or, Ye are going over the Jordan into the land of Canaan; and ye shall appoint . . .

11. that the slayer may flee thither, which killeth any person at unawares--The practice of Goelism, that is, of the nearest relation of an individual who was killed being bound to demand satisfaction from the author of his death, existed from a very remote antiquity

(Ge 4:14; 27:45).

It seems to have been an established usage in the age of Moses; and although in a rude and imperfect state of society, it is a natural and intelligible principle of criminal jurisprudence, it is liable to many great abuses; the chief of the evils inseparable from it is that the kinsman, who is bound in duty and honor to execute justice, will often be precipitate--little disposed, in the heat of passion or under the impulse of revenge, to examine into the circumstances of the case, to discriminate between the premeditated purpose of the assassin and the misfortune of the unintentional homicide. Moreover, it had a tendency, not only to foster a vindictive spirit, but in case of the Goel being unsuccessful in finding his victim, to transmit animosities and feuds against his descendants from one generation to another. This is exemplified among the Arabs in the present day. Should an Arab of one tribe happen to kill one of another tribe, there is "blood" between the tribes, and the stain can only be wiped out by the death of some individual of the tribe with which the offense originated. Sometimes the penalty is commuted by the payment of a stipulated number of sheep or camels. But such an equivalent, though offered, is as often refused, and blood has to be repaid only by blood. This practice of Goelism obtained among the Hebrews to such an extent that it was not perhaps expedient to abolish it; and Moses, while sanctioning its continuance, was directed, by divine authority, to make some special regulations, which tended both to prevent the unhappy consequences of sudden and personal vengeance, and, at the same time, to afford an accused person time and means of proving his innocence. This was the humane and equitable end contemplated in the institution of cities of refuge. There were to be six of these legalized asyla, three on the east of Jordan, both because the territory there was equal in length, though not in breadth, to Canaan, and because it might be more convenient for some to take refuge across the border. They were appointed for the benefit, not of the native Israelites only, but of all resident strangers.

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.

Then ye shall appoint your cities to be cities of refuge for you,.... And, according to the Jewish writers (i), these were neither to be made large nor little, but middling; and they appointed them where there were markets and fairs, at which goods were to be sold; and where there was plenty of water, and a multitude of people; and where there were but few, they fetched others from other places; and they neither made nets for hunting, nor twisted ropes in them, nor sold any warlike instruments, lest the avenger of blood should use himself to come thither, under pretence of buying such things, and kill the manslayer:

that the slayer may flee thither, which killeth any person at unawares; or through error (k), or mistake, not on purpose, with design, or through malice and enmity, as is afterwards more largely explained.

(i) Maimon. Rotzeach, c. 8. sect. 8. Vid. T. Bab. Maccot, fol. 10. 1.((k) "per errorem", Pagninus, Junius & Tremellius, Piscator; "per imprudentiam", Tigurine version: Vatablus; "in ignorantia", Montanus.