16‘But if he struck him down with an iron object, so that he died, he is a murderer; the murderer shall surely be put to death. 17‘If he struck him down with a stone in the hand, by which he will die, and as a result he died, he is a murderer; the murderer shall surely be put to death. 18‘Or if he struck him with a wooden object in the hand, by which he might die, and as a result he died, he is a murderer; the murderer shall surely be put to death. 19‘The blood avenger himself shall put the murderer to death; he shall put him to death when he meets him. 20‘If he pushed him of hatred, or threw something at him lying in wait and as a result he died, 21or if he struck him down with his hand in enmity, and as a result he died, the one who struck him shall surely be put to death, he is a murderer; the blood avenger shall put the murderer to death when he meets him.

      22‘But if he pushed him suddenly without enmity, or threw something at him without lying in wait, 23or with any deadly object of stone, and without seeing it dropped on him so that he died, while he was not his enemy nor seeking his injury, 24then the congregation shall judge between the slayer and the blood avenger according to these ordinances. 25‘The congregation shall deliver the manslayer from the hand of the blood avenger, and the congregation shall restore him to his city of refuge to which he fled; and he shall live in it until the death of the high priest who was anointed with the holy oil. 26‘But if the manslayer at any time goes beyond the border of his city of refuge to which he may flee, 27and the blood avenger finds him outside the border of his city of refuge, and the blood avenger kills the manslayer, he will not be guilty of blood 28because he should have remained in his city of refuge until the death of the high priest. But after the death of the high priest the manslayer shall return to the land of his possession.

      29‘These things shall be for a statutory ordinance to you throughout your generations in all your dwellings.

      30‘If anyone kills a person, the murderer shall be put to death at the evidence of witnesses, but no person shall be put to death on the testimony of one witness. 31‘Moreover, you shall not take ransom for the life of a murderer who is guilty of death, but he shall surely be put to death. 32‘You shall not take ransom for him who has fled to his city of refuge, that he may return to live in the land before the death of the priest. 33‘So you shall not pollute the land in which you are; for blood pollutes the land and no expiation can be made for the land for the blood that is shed on it, except by the blood of him who shed it. 34‘You shall not defile the land in which you live, in the midst of which I dwell; for I the LORD am dwelling in the midst of the sons of Israel.’”

Parallel Verses

New American Standard Bible (©1995)
'The cities which you are to give shall be your six cities of refuge.

GOD'S WORD® Translation (©1995)
There will be six cities you select as places of refuge,

King James Bible
And of these cities which ye shall give six cities shall ye have for refuge.

Douay-Rheims Bible
And of those cities, that are separated for the refuge of fugitives,

Darby Bible Translation
And the cities that ye shall give shall be six cities of refuge for you.

English Revised Version
And the cities which ye shall give shall be for you six cities of refuge.

Webster's Bible Translation
And of these cities which ye shall give, six cities shall ye have for refuge.

World English Bible
The cities which you shall give shall be for you six cities of refuge.

Young's Literal Translation
As to the cities which ye give -- six are cities of refuge to you;

Cross References

Numbers 35:12 'The cities shall be to you as a refuge from the avenger, so that the manslayer will not die until he stands before the congregation for trial.

Numbers 35:14 'You shall give three cities across the Jordan and three cities in the land of Canaan; they are to be cities of refuge.

Joshua 20:9 These were the appointed cities for all the sons of Israel and for the stranger who sojourns among them, that whoever kills any person unintentionally may flee there, and not die by the hand of the avenger of blood until he stands before the congregation.

Commentary

Matthew Henry's Whole Bible Commentary

Verses 9-34

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, v. 16. It is supposed to be done of hatred (v. 20), or in enmity (v. 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 (v. 16) or wood (v. 18), or with a stone thrown at him (v. 17, 20); nay, if he smite him with his hand in enmity, and death ensue, it is murder (v. 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, Gen. 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 (1 Jn. 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, v. 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 (v. 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 (v. 30); this law is settled in all capital cases, Deu. 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 (v. 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 v. 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 (v. 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 (v. 22), not seeing the person or not seeking his harm (v. 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, v. 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, v. 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, Phil. 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 (1 Ki. 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, Rom. 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, v. 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, v. 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.

Calvin's Commentary

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.

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