Numbers 35 commentary

The cities of the priests and Levites were not only to accommodate them, but to place them, as religious teachers, in several parts of the land. For though the typical service of the tabernacle or temple was only in one place, the preaching of the word of God, and prayer and praise, were not thus confined. These cities were to be given out of each tribe. Each thus made a grateful acknowledgement to God. Each tribe had the benefit of the Levites dwelling amongst them, to teach them the knowledge of the Lord; thus no parts of the country were left to sit in darkness. The gospel provides that he who is taught in the word, should communicate to him that teaches, in all good things, Ga 6:6. We are to free God's ministers from distracting cares, and to leave them at leisure for the duties of their station; so that they may be wholly employed therein, and avail themselves of every opportunity, by acts of kindness, to gain the good-will of the people, and to draw their attention.

To show plainly the abhorrence of murder, and to provide the more effectually for the punishment of the murderer, the nearest relation of the deceased, under the title of avenger of blood, (or the redeemer of blood,) in notorious cases, might pursue, and execute vengeance. A distinction is made, not between sudden anger and malice aforethought, both which are the crime of murder; but between intentionally striking a man with any weapon likely to cause death, and an unintentional blow. In the latter case alone, the city of refuge afforded protection. Murder in all its forms, and under all disguises, pollutes a land. Alas! that so many murders, under the name of duels, prize-fights, etc. should pass unpunished. There were six cities of refuge; one or other might be reached in less than a day's journey from any part of the land. To these, man-slayers might flee for refuge, and be safe, till they had a fair trial. If acquitted from the charge, they were protected from the avenger of blood; yet they must continue within the bounds of the city till the death of the high priest. Thus we are reminded that the death of the great High Priest is the only means whereby sins are pardoned, and sinners set at liberty. These cities are plainly alluded to, both in the Old and New Testament, we cannot doubt the typical character of their appointment. Turn ye to the strong hold, ye prisoners of hope, saith the voice of mercy, Zec 9:12, alluding to the city of refuge. St. Paul describes the strong consolation of fleeing for refuge to the hope set before us, in a passage always applied to the gracious appointment of the cities of refuge, Heb 6:18. The rich mercies of salvation, through Christ, prefigured by these cities, demand our regard. 1. Did the ancient city rear its towers of safety on high? See Christ raised up on the cross; and is he not exalted at the right hand of his Father, to be a Prince and a Saviour, to give repentance and remission of sins? 2. Does not the highway of salvation, resemble the smooth and plain path to the city of refuge? Survey the path that leads to the Redeemer. Is there any stumbling-block to be found therein, except that which an evil heart of unbelief supplies for its own fall? 3. Waymarks were set up pointing to the city. And is it not the office of the ministers of the gospel to direct sinners to Him? 4. The gate of the city stood open night and day. Has not Christ declared, Him that cometh unto me I will in nowise cast out? 5. The city of refuge afforded support to every one who entered its walls. Those who have reached the refuge, may live by faith on Him whose flesh is meat indeed, and whose blood is drink indeed. 6. The city was a refuge for all. In the gospel there is no respect of persons. That soul lives not which deserves not Divine wrath; that soul lives not which may not in simple faith hope for salvation and life eternal, through the Son of God.

1. And the Lord spake unto Moses. Although there was no inheritance assigned to the tribe of Levi, yet it was necessary that they should be supplied with dwelling-places. No lands were given then where they might sow and reap; but by way of compensation the tithes were a sufficient means of subsistence, even after deducting the tithes which were paid to the poor. God now, however, makes provision for their residences; and here we must carefully remark, that they were so distributed over the whole land, as to be, as it were, guards regularly posted for the preservation of the worship of God, lest any superstition should creep in, or the people should fall into gross contempt of God. For we know that they were chosen by Him, not only to attend to the ceremonies, but to be the interpreters of the law, and to cherish sincere piety among the people. Now if all had been placed in one station, it was dangerous lest the doctrine of the Law should immediately fall into oblivion through the whole land; and thus the other tribes should grow irreligious. Wherefore the incomparable goodness of God here shone forth, since their punishment was turned as it were into a reward of virtue, and their disgrace into honor; for this dispersion of the tribe of Levi had been foretold by the holy patriarch Jacob, (Genesis 46:7,) that their posterity should be scattered in that land, which Levi the father of their race had polluted by a detestable murder and wicked perfidy. God proved eventually that this prophecy, which proceeded from Him, did not fall to the ground unfulfilled; nevertheless, although the Levites were to be banished here and there in token of their disgrace, yet were they set in various parts of the land, that they might retain the other tribes under the yoke of the Law. It was then in God’s wonderful providence that they were rather placed in peculiar and fixed residences, than allowed to mingle themselves promiscuously with the rest of the people; for the cities which God assigned to them were so many schools, where they might better and more freely engage themselves in teaching the Law, and prepare themselves for performing the office of teaching. For if they had lived indiscriminately among the multitude, they were liable to contract many vices, as well as to neglect the study of the Law; but when they were thus collected into separate classes, such an union reminded them that they were divided from the people that they might devote themselves altogether to God. Besides, their cities were like lamps shining into the very furthest corners of the land. They were therefore fortified, as it were, by walls, lest the corruptions of the people should penetrate to them. Their association together also should have stimulated them mutually to exhort each other to confinehey, decent and modest manners, temperance, and other virtues worthy of God’s servants; whilst, if they fell into dissolute habits, they were the less excusable. Thus their cities were like watch towers in which they might keep guard, so as to drive impiety away from the borders of the holy land. Hence was the light of heavenly doctrine diffused; hence was the seed of life scattered; hence were the examples to be sought of holiness and universal integrity.

4. And the suburbs of the cities. A discrepancy here appears, from whence a question arises; for Moses first limits the suburbs to a thousand cubits from the city in every direction; and then seems to extend them to two thousand. Some thus explain the difficulty, viz., that the parts nearest to the city were destined for cottages and gardens; and that then there was another space of a thousand cubits left free for their flocks and herds; but this seems only to be invented, in order to elude by the subterfuge the contradiction objected to. My own opinion rather is, that after Moses had given them a boundary of a thousand cubits on every side, he proceeds to shew the way in which they were to be measured, that thus he may obviate all the quarrels which might aria: from their neighbors. It is plain that, when he repeats the same thing twice, the latter verse is only an explanation of the former; and thus it would be absurd, that after having fixed a thousand cubits, he should immediately double that number. But it will be all very consistent, if this measurement be taken in a circuit; for if you draw a circle, and then a line from the center to the circumference, that line will be about a tenth part of the whole circumference; compare then the fourth part of the circle with the straight line which goes to the center, and it will be greater by one part and a half. But, if you leave a thousand cubits for the city, the two thousand cubits “Les huit mille coudees prinses aux quatre quatriers conviendront avec les mille coudees d’espace entre la ville, et les bornes des fanbourgs.” — Fr. The more common solution of this difficulty appears to be that suggested by Maimonides, viz., that besides the 1000 cubits allotted to the suburbs, 2000 more were added for fields and vineyards. Rosenmuller, however, demurs to this interpretation, which he does not consider the text will bear. I have translated C. word for word, but I believe his figures are wrong. It is probable that his theory is the same as that of Corn. a Lapide, which he thus more clearly propounds, “God seems here to comprise the city and its suburbs in a circle, so that the center should be the city, and the circumference should end at the distance of 1000 cubits on every side of the city walls. This circle He divides into four triangles, each of which is isosceles, i e., it, has its two sides equal, which are drawn from the center to the circumference. God, therefore, here commands, that the suburbs on every side should be extended a thousand cubits, and that the east side should be contained in two lines (each, of course, of 1000 cubits) drawn from the city to the circumference of the suburbs, which two lines comprehend that east side in the shape of a triangle;” and so also with the other sides, “so that the two lines drawn to the circumference of each side, which are the two equal sides of the triangle, should together contain 2000 cubits." in the four parts of the circumference will correspond with one thousand cubits from the city towards each of the boundaries.

It is afterwards prescribed, in accordance with equity, that a greater or less number of cities should be taken according to the size of the possessions belonging to each tribe; for, just as in paying tax or tribute, regard is had to each man’s means, so it was just that every tribe should contribute equitably in proportion to its abundance. As to the cities of refuge, I now omit to explain what their condition was, because this matter relates to the Sixth Commandment; only let us observe that the wretched exiles were entrusted to the care of the Levites, that they might be more safely guarded. Besides, it was probable that those who presided over holy things would be upright and honest judges, so as not to admit men indiscriminately out of hope of advantage, or from carelessness, but only to protect the innocent, after duly examining their case.

Numbers 18

Numbers 18:1-7, 22, 23

1. And the LORD said unto Aaron, Thou and thy sons and thy father’s house with thee shall bear the iniquity of the sanctuary: and thou and thy sons with thee shall bear the iniquity of your priesthood.

1. Et dixit Jehova ad Aharon, Tu et filii tui, et domus patris tui tecum, portabitis iniquitatem sanctuarii: tu quoque et alii tui tecum portabitis iniquitatem sacerdotii vestri.

2. And thy brethren also of the tribe of Levi, the tribe of thy father, bring thou with thee, that they may be joined unto thee, and minister unto thee: but thou and thy sons with thee shall minister before the tabernacle of witness.

2. Et etiam fratres tuos, tribum Levi, tribum patris tui, accedere fac ad te, et adhaereant tibi, ministrentque tibi: tu autem et filii tui tecum stabitis coram tabernaculo testimonii.

3. And they shall keep thy charge, and the charge of all the tabernacle: only they shall not come nigh the vessels of the sanctuary and the altar, that neither they, nor ye also, die.

3. Et custodient custodiam tuam, et custodiam totius tabernaculi: veruntamen ad vasa sanctitatis, et ad altare non accedent, ne moriantur tam ipsi quinn vos.

4. And they shall be joined unto thee, and keep the charge of the tabernacle of the congregation, for all the service of the tabernacle: and a stranger shall not crone nigh unto you.

4. Et adhaerebunt tibi, et custodient custodiam tabernaculi conventionis ad omnem cultum tabernaculi: externus autem non accedet ad vos.

5. And ye shall keep the charge of the sanctuary, and the charge of the altar: that there be no wrath any more upon the children of Israel.

5. Custodietis igitur custodiam sanctuarii, ne sit posthac indignatio contra filios Israel.

6. And I, behold, I have taken your brethren the Levites from among the children of Israel: to you they are given as a gift for the LORD, to do the service of the tabernacle of the congregation.

6. Ego enim ecce, sumpsi fratres vestros Levitas e medio filiorum Israel vobis donum datos, Jehovae ut ministrent in cultu tabernaculi conventionis.

7. Therefore thou and thy sons with thee shall keep your priest’s office for every thing of the altar, and within the vail; and ye shall serve: I have given your priest’s office unto you as a service of gift: and the stranger that cometh nigh shall be put to death.

7. Tu autem et filii tui tecum custodietis sacerdotium vestrum in omni ratione altaris, et intra velum exequemini ministerium: munus dedi sacerdotii vobis, itaque extraneus qui acceder morietur.

22. Neither must the children of Israel henceforth come nigh the tabernacle of the congregation, lest they bear sin, and die.

22. Neque accedent posthac filii Israel ad tabernaculum conventionis, ut portent iniquitatem ad moriendum.

23. But the Levites shall do the service of the tabernacle of the congregation, and they shall bear their iniquity: it shall be a statute for ever throughout your generations, ...

23. Sed ipsi Levitse facient opus; tabernaculi conventionis, et ipsi portabunt iniquitatem suam statuto perpetuo per generationes vestras.

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 See vol. 2 p. 251, on Numbers 35:6. 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 “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. 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 Vide Digest. 48, tit. 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, tit. 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.” 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 “Propinquus sanguinis.” — Lat. 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 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. 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; Added from Fr. ) 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, Deuteronomy 17:6. See ante, p. 45. 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.

Deuteronomy 19

Deuteronomy 19:1-13

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER 35

Nu 35:1-5. Eight and Forty Cities Given to the Levites.

2. give unto the Levites of the inheritance of their possession cities to dwell in--As the Levites were to have no territorial domain allocated to them like the other tribes on the conquest of Canaan, they were to be distributed throughout the land in certain cities appropriated to their use; and these cities were to be surrounded by extensive suburbs. There is an apparent discrepancy between Nu 35:4 and Nu 35:5, with regard to the extent of these suburbs; but the statements in the two verses refer to totally different things--the one to the extent of the suburbs from the walls of the city, the other to the space of two thousand cubits from their extremity. In point of fact, there was an extent of ground, amounting to three thousand cubits, measured from the wall of the city. One thousand were most probably occupied with outhouses for the accommodation of shepherds and other servants, with gardens, vineyards, or oliveyards. And these which were portioned out to different families (1Ch 6:60) might be sold by one Levite to another, but not to any individual of another tribe (Jr 32:7). The other two thousand cubits remained a common for the pasturing of cattle (Le 25:34) and, considering their number, that space would be fully required.

Nu 35:6-8. Cities of Refuge.

6. there shall be six cities for refuge, which ye shall appoint for the manslayer--The establishment of those privileged sanctuaries among the cities of the Levites is probably traceable to the idea, that they would be the most suitable and impartial judges--that their presence and counsels might calm or restrain the stormy passions of the blood avenger--and that, from their being invested with the sacred character, they might be types of Christ, in whom sinners find a refuge from the destroyer (see De 4:43; Jos 20:8).

8. the cities which ye shall give shall be of the possession of the children of Israel--The burden of furnishing those places for the residence and support of the Levitical order was to fall in equitable proportions upon the different tribes (see Nu 33:54; Jos 20:7).

Nu 35:9-34. The Blood Avenger.

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.

16-21. If he smite him with an instrument of iron, so that he die, &c.--Various cases are here enumerated in which the Goel or avenger was at liberty to take the life of the murderer; and every one of them proves a premeditated purpose.

22-28. But if he thrust him suddenly without enmity, or have cast upon him any thing without laying of wait, &c.--Under the excitement of a sudden provocation, or violent passion, an injury might be inflicted issuing in death; and for a person who had thus undesignedly committed slaughter, the Levitical cities offered the benefit of full protection. Once having reached the nearest, for one or other of them was within a day's journey of all parts of the land, he was secure. But he had to "abide in it." His confinement within its walls was a wise and salutary rule, designed to show the sanctity of human blood in God's sight, as well as to protect the manslayer himself, whose presence and intercourse in society might have provoked the passions of the deceased's relatives. But the period of his release from this confinement was not until the death of the high priest. That was a season of public affliction, when private sorrows were sunk or overlooked under a sense of the national calamity, and when the death of so eminent a servant of God naturally led all to serious consideration about their own mortality. The moment, however, that the refugee broke through the restraints of his confinement and ventured beyond the precincts of the asylum, he forfeited the privilege, and, if he was discovered by his pursuer, he might be slain with impunity.

29-34. these things shall be for a statute of judgment unto you throughout your generations--The law of the blood-avenger, as thus established by divine authority, was a vast improvement on the ancient practice of Goelism. By the appointment of cities of refuge, the manslayer was saved, in the meantime, from the blind and impetuous fury of vindictive relatives; but he might be tried by the local court, and, if proved guilty on sufficient evidence, condemned and punished as a murderer, without the possibility of deliverance by any pecuniary satisfaction. The enactment of Moses, which was an adaptation to the character and usages of the Hebrew people, secured the double advantage of promoting the ends both of humanity and of justice.

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

And ye shall measure from without the city - two thousand cubits, etc. - Commentators have been much puzzled with the accounts in these two verses. In Num 35:4 the measure is said to be 1,000 cubits from the wall; in Num 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 δισχιλιους πηχεις, 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 De 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 diagram.

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, Gen 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.

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, Jos 20:4, Jos 20:6. If he was found worthy of death, they delivered him to the avenger that he might be slain, Deu 19:12; if not, they sent him back to the city of refuge, where he remained till the death of the high priest, Num 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 Exo 21:13 (note), and Exo 21:14 (note).

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

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 endeavor through malice to compass the life of his neighbor: 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.

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 the note on Gen 9:6.

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 offenses, and risen again for his justification.

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," Heb 6:17, Heb 6:18. 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.

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.

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, Nu 35:5. And ye shall measure from without the city, (not from the wall of the city, as said before Nu 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, Lev 25:34, by way of distinction from the suburbs themselves, which consist of the first thousand cubits from the wall of the city.

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.

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

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.

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 were fled into the city of refuge.

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.

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

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.

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.

3 And the cities shall they have to dwell in, and the suburbs of them shall be for their cattel , and for their goods, and for all their beasts.

For pasturage for their cattel: 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 firstfruits and tithes. And these suburbs did not belong to the Levites in common, but were distributed to them in convenient proportions, as may appear from Ios. 21. 18. 1 Chron. 6. 60.

4 And the suburbs of the cities which ye shall give unto the Levites, shall reach from the wall of the city and outward, a thousand cubits round about .

Obj. In the next verse it is two thousand. How do these agree? Ans. 1. The LXX Interpreters read both here and ver. 5. two thousand cubits, whence some suppose this to be an errour in the Hebrew Text▪ which, being in a matter neither concerning faith nor good manners, is not prejudicial to the authority of the holy Scriptures. Ans. 2. The one thousand cubits may be in length from the city, and the two thousand cubits in breadth on each side of the city, and so they well agree; for a line of a thousand cubits being drawn in length eastward and another westward and another northward and another southward, a line, drawn at a thousand cubits distance from the city, from east to west must needs contain two thousand cubits, and so must the other line from north to south, and so on every side of the city there must be two thousand cubits. Ans. 3. This verse and the next do not speak to the same thing: this speaks of the space or place from whence the suburbs shall be measured, the next verse 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 (so it is onely an ellipsis of the verb substantive, which is most frequent, and the meaning is▪ shall be taken or accounted) from the wall of the city and from (that particle being supplied o[illegible: 1+ letters] understood from the foregoing words, which is very usual) without it, or, from the outward parts of it, (which being a general and indefinite expression is limited and explained by the following word.) even from a thousand cubits round about. Which are mentioned not as the thing measured, for as yet there is not a word of measuring, but as the term or space from which the measuring line should begin. And then it follows ver. 5. And ye shall measure from without the city, (not from the wall of the city, as was said before ver. 4. but from without it, i. e. from the said outward part or space of a thousand cubits without the wall of the city round about) on the east-side two thousand cubits, &c. So in truth there were three thousand cubits from the wall of the city, whereof one thousand probably were for out-houses, stalls for cattel, gardens, vineyards and olive-yards, and the like, and the other two thousand for pasture, which are therefore called the field of the suburbs, Lev. 25. 34. by way of distinction from the suburbs themselves, which consist of the first thousand cubits from the wall of the city.

6 And among the cities which ye shall give unto the Levites, there shall be six cities for refuge , which ye shall appoint for the man-slayer , that he may flee thither: and to them ye shall add forty and two cities.

Or, or receit, or escape, or resort, to wit, for man-slayers. 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 counsel and authority would more effectually bridle the passions of the avenger of blood who might pursue him thither; and partly to signifie, that it is onely in Christ (whom the Levitical Priests did represent) that sinners find refuge and safety from the destroyer. The names of these Cities we have Deut. 4. 41, 43. Ios. 2[illegible: 1+ letters]. 8.

Such as is here described, ver. 11, 15, 22, 23.

Marginal references: [illegible: 1+ letters]eut. 4. 41. [illegible: 1+ letters]. 20. 2. [illegible: 1 word] 21. 3. 21.; [illegible: 1 word] [illegible: 1 word] [illegible: 1 word] [illegible: 1 word] [illegible: 1 word]

8 And the cities which ye shall give, shall be of the possession of the children of Israel: from them that have many, ye shall give many ; but from them that have few, ye shall give few. Every one shall give of his cities unto the Levites according to his inheritance which he inheriteth.

Compare Numb. 33. 54. Ios. 20. 2.

Marginal references: [illegible: 1+ letters]ap. 2[illegible: 1+ letters]. 54.; [illegible: 1 word]. [illegible: 1 word] in [illegible: 1+ letters].

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 .

(i. e.) Not wilfully, designedly or maliciously, but inconsiderately, through mistake or indiscretion or carelessness. See Levit. 4. 2.

Marginal references: [illegible: 1 word]. 21. 13.; [illegible: 1 word] [illegible: 1 word].

12 And they shall be unto you cities for refuge, from the avenger , that the man-slayer die not , until he stand before the congregation in judgment .

To wit, of the party s[illegible: 1+ letters]ain, or, of blood, as it is fully expressed below ver. 19, 25. Heb. from the redeemer, or, from the next [illegible: 1 word], to whom by the law belonged the right of redemption of the lands of and vindication of the injury done to, the person acceased.

(i. e.) Be not killed by the avenger meeting him in some other place.

(i. e.) Before the society or convention of Judges or Elders who were appointed in every City for the decision of criminal causes, who were 23 who were to examine the matter, and that publickly before the people, whether the murder was wilful or casual. Quest. In what City was this cause to be tried? Answ. Some say, in the City of refuge, others say, in the City in or near which the fact was committed. It seems to me it was done in both, at first in the City of refuge, as is manifest from Ios. 20. 4. but if that trial and sentence did not satisfie the avenger of blood, it was fully and finally determined in the other City, as is sufficiently evident both by comparing this place with ver. 25. and Ios. 20. 6. and from the usual and most reasonable course of Justice, which is that facts should be examined, as far as may be, in or near the places where they were committed, and where the witnesses and evidences were at hand.

Or, for judgment, i. e. to receive sentence there according to the nature of the fact.

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:

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.

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.

Not the proselyte onely, but all strangers, this being no matter of religious priviledge, but of common right and agreeable to the Law of nature and practise of wise heathens.

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 .

Wittingly and wilfully, though not with premeditated ma lice or design, as appears by comparing this with ver. 20, 21, 22, 23.

To wit, suddenly, not so, if he walked abroad afterward, Exod. 21. 19, 20.

Yea though he were fled into the City of refuge.

Marginal references: [illegible: 1 word]. 12, 14.

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.

Heb. with the stone of [illegible: 1 word] hand, i. e. cast by the hand, and that knowingly, as appears by ver. 23.

Marginal references: [illegible: 1 word] [illegible: 1 word] [illegible: 1 word] [illegible: 1 word] [illegible: 1 word].

19 The revenger of blood himself shall slay the murderer : when he meeteth him, he shall slay him.

Either 1. By himself, as the following words shew: so it is onely a permission, that he may do it without offence to God or danger to himself: Or 2. By the Magistrate, from whom [illegible: 1 word] shall demand justice: so it is a command, as may appear by comparing this with ver. 31. and Deut. 19. 12, 13.

20 But if he thrust him of hatred, or hurl at him by laying of wait, that he die:

t Through sudden passion or provocation. Or, by [illegible: 1 word] or unawares.

Marginal references: Deut. 19. 11.

24 Then the congregation shall judge between the slayer, and the revenger of blood, according to these judgments.

If the man slayer flee to the city of refuge.

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 holy oyl.

Be confined to it, partly to shew the hatefulness of wilful murder in Gods account by so severe a punishment, as this in many cases might prove, inflicted upon the very appearance of it, and partly for the security of the manslayer, least the presence of such a person and his conversation among the kindred of the deceased, might occasion reproach and blood-shed.

Partly because the publick grief for the loss of so publick a person was likely to asswage the private griefs and passions of men, the rather, because by this example they were minded of their own mortality, and thereby withheld from taking vengeance; and principally to shew that the death of Christ (the true High-Priest, whom the others did evidently and eminently represent and typifie) is the onely mean whereby sins are pardoned and sinners are set at liberty.

Marginal references: Exod. 29. [illegible: 1+ letters]. Lev. 4. 3. and 21. 10.

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 :

i. e. Not liable to punishment from men, though no[illegible: 1+ letters] free from guilt before God, because he ki[illegible: 1+ letters]s an innocent person, as appears from Deut. 19. 10. This God ordained to oblige the man-slayer to abide in his city of refuge. See ver. 22.

Marginal references: Heb. [illegible: 1 word] bl[illegible: 1+ letters]d shall be to [illegible: 1 word]

30 Whoso killeth any person, the murderer shall be put to death, by the mouth of witnesses: but one witness shall not testifie against any person to cause him to die .

No Judge shall condemn any man to death upon a single testimony.

Marginal references: Deut. 17. 6. and 19. 15. Mat. 18. 16. 2 Cor. 13. 1. Heb. 10. 28.

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.

No intercession, nor ransome shall be accepted to save his life or procure him a pardon.

Marginal references: Heb. faulty to die.

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, untill the death of the priest. .

Whereby God would signifie the absolute and indispensable necessity of Christs death to expiate sin and to redeem the sinner.

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 sheddeth it .

These words are added as a reason not of the last Law ver. 32. for in that case the land was cleansed without the blood of the man-slayer, but of the Law next foregoing that verse 31. in which case it holds, and the sense is, if you shall spare the murderer or take any satisfaction for him, you do together with your selves involve your Land and People in guilt, and will certainly bring down Gods vengeance upon your selves and them.

Marginal references: Mic. 4. 11.; Heb. there can be no expiation for the land.

34 Defile not therefore the land which ye shall inherit , wherein I dwell: for I the LORD dwell among the children of Israel.

Be not cruel to your own Land by making it a den of murderers.

Num 35:1-3

Appointment of Towns for the Levites. - As the Levites were to receive no inheritance of their own, i.e., no separate tribe-territory, in the land of Canaan (Num 18:20 and Num 18:23), Moses commanded the children of Israel, i.e., the rest of the tribes, in accordance with the divine instructions, to give (vacate) towns to the Levites to dwell in of the inheritance that fell to them for a possession, with pasturage by the cities round about them for their cattle. “Towns to dwell in,” i.e., not the whole of the towns as their own property, but as many houses in the towns as sufficed for the necessities of the Levites as their hereditary possession, which could be redeemed, if sold at any time, and which reverted to them without compensation in the year of jubilee, even if not redeemed before (Lev 25:32-33); but any portion of the towns which was not taken possession of by them, together with the fields and villages, continued the property of those tribes to which they had been assigned by lot (cf. Jos 21:12, and my commentary on this passage: also Bähr, Symbolik, ii. p. 50; Ewald, Gesch. ii. p. 403). They were also to give them מגרשׁ (from גּרשׁ, to drive, drive out), pasturage or fields, to feed their flocks upon, all round the cities; and according to Lev 25:34, this was not to be sold, but to remain the eternal possession of the Levites. לבהמתּם, for their oxen and beasts of burden, and לרכוּשׁם, for their (remaining) possessions in flocks (sheep and goats), which are generally described in other cases as Mikneh, in distinction from behemah (e.g., Num 32:26; Gen 34:23; Gen 36:6). לכל־חיּתם and for all their animals, is merely a generalizing summary signifying all the animals which they possessed.

Num 35:4-5

The pasture lands of the different towns were to measure “from the town wall outwards a thousand cubits round about,” i.e., on each of the four sides. “And measure from without the city, the east side 2000 cubits, and the south side 2000 cubits, and the west side 2000 cubits, and the north side 2000 cubits, and the city in the middle,” i.e., so that the town stood in the middle of the measured lines, and the space which they occupied was not included in the 2000 cubits. The meaning of these instructions, which have caused great perplexity to commentators, and have latterly been explained by Saalschütz (Mos. R. pp. 100, 101) in a marvellously erroneous manner, was correctly expounded by J. D. Michaelis in the notes to his translation. We must picture the towns and the surrounding fields as squares, the pasturage as stretching 1000 cubits from the city wall in every direction, as the accompanying figures show, and the length of each outer side as 2000 cubits, apart from the length of the city wall: so that, if the town itself occupied a square of 1000 cubits (see fig. a), the outer side of the town fields would measure 2000 + 1000 cubits in every direction; but if each side of the city wall was only 500 cubits long (see fig. b), the outer side of the town fields would measure 2000 + 500 cubits in every direction.

Num 35:6-8

Of these cities which were given up to the Levites, six were to serve as cities of refuge (see at Num 35:12) for manslayers, and in addition to these (עליהם, over upon them) the Israelites were to give of their possessions forty-two others, that is to say, forty-eight in all; and they were to do this, giving much from every tribe that had much, and little from the one which had little (Num 26:54). With the accusatives הערים את and ערי שׁשׁ עת (Num 35:6), the writer has already in his mind the verbs תּרבּוּ and תּמעיטוּ of Num 35:8, where he takes up the object again in the word והערים. According to Josh 21, the Levites received nine cities in the territory of Judah and Simeon, four in the territory of each of the other tribes, with the exception of Naphtali, in which there were only three, that is to say, ten in the land to the east of the Jordan, and thirty-eight in Canaan proper, of which the thirteen given up by Judah, Simeon, and Benjamin were assigned to the families of the priests, and the other thirty-five to the three Levitical families. This distribution of the Levites among all the tribes - by which the curse of division and dispersion in Israel, which had been pronounced upon Levi in Jacob’s blessing (Gen 49:7), was changed into a blessing both for the Levites themselves and also for all Israel - was in perfect accordance with the election and destination of this tribe. 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 (Deu 33:9-10; Lev 10:11; Deu 31:9-13), the Levites were to form and set forth among all the tribes the ἐκλογή 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. Whilst their distribution among all the tribes corresponded to this appointment, the fact that they were not scattered in all the towns and villages of the other tribes, but were congregated together in separate towns among the different tribes, preserved them from the disadvantages of standing alone, and defended them from the danger of moral and spiritual declension. Lastly, in the number forty-eight, the quadrupling of the number of the tribes (twelve) is unmistakeable. Now, as the number four is the seal of the kingdom of God in the world, the idea of the kingdom of God is also represented in the four times twelve towns (cf. Bähr, Symbolik, ii. pp. 50, 51).

Num 35:9-11

Selection and Appointment of Cities of Refuge for Unpremeditated Manslayers. - Num 35:10, Num 35:11. When the Israelites had come into the land of Canaan, they were to choose towns conveniently situated as cities of refuge, to which the manslayer, who had slain a person (nephesh) by accident (בּשׁגגה: see at Lev 4:2), might flee. הקרה, from קרה, to hit, occurrit, as well as accidit; signifies here to give or make, i.e., to choose something suitable (Dietrich), but not “to build or complete” (Knobel), in the sense of קרה, as the only meaning which this word has is contignare, to join with beams or rafters; and this is obviously unsuitable here. Through these directions, which are repeated and still further expanded in Deu 19:1-13, God fulfilled the promise which He gave in Exo 21:13 : that He would appoint a place for the man who should unintentionally slay his neighbour, to which he might flee from the avenger of blood.

Num 35:12-15

These towns were to serve for a refuge from the avenger of blood, that the manslayer might not die before he had taken his trial in the presence of the congregation. The number of cities was fixed at six, three on the other side of the Jordan, and three on this side in the land of Canaan, to which both the children of Israel, and also the foreigners and settlers who were dwelling among them, might flee. In Deu 19:2., Moses advises the congregation to prepare (הכין) the way to these cities, and to divide the territory of the land which Jehovah would give them into three parts (שׁלּשׁ), i.e., to set apart a free city in every third of the land, that every manslayer might flee thither, i.e., might be able to reach the free city without being detained by length of distance or badness of road, lest, as is added in Deu 19:6, the avenger of blood pursue the slayer while his heart is hot (יחם, imperf. Kal of חמם), and overtake him because the way is long, and slay him (נפשׁ הכּה, as in Gen 37:21), whereas he was not worthy of death (i.e., there was no just ground for putting him to death), “because he had not done it out of hatred.” The three cities of refuge on the other side were selected by Moses himself (Deu 4:41-43); the three in Canaan were not appointed till the land was distributed among the nine tribes and a half (Jos 20:7). Levitical or priests’ towns were selected for all six, not only because it was to the priests and Levites that they would first of all look for an administration of justice (Schultz on Deu 19:3), but also on the ground that these cities were the property of Jehovah, in a higher sense than the rest of the land, and for this reason answered the idea of cities of refuge, where the manslayer, when once received, was placed under the protection of divine grace, better than any other places possibly could.

The establishment of cities of refuge presupposed the custom and right of revenge. The custom itself goes back to the very earliest times of the human race (Gen 4:15, Gen 4:24; Gen 27:45); it prevailed among the Israelites, as well as the other nations of antiquity, and still continues among the Arabs in unlimited force (cf. Niebuhr, Arab. pp. 32ff.; Burckhardt, Beduinen, 119, 251ff.). “Revenge of blood prevailed almost everywhere, so long as there was no national life generated, or it was still in the first stages of its development; and consequently the expiation of any personal violation of justice was left to private revenge, and more especially to family zeal” (Oehler in Herzog's B. Cycl., where the proofs may be seen). The warrant for this was the principle of retribution, the jus talionis, which lay at the foundation of the divine order of the world in general, and the Mosaic law in particular, and which was sanctioned by God, so far as murder was concerned, even in the time of Noah, by the command, “Whoso sheddeth man’s blood,” etc. (Gen 9:5-6). This warrant, however, or rather obligation to avenge murder, was subordinated to the essential principle of the theocracy, under the Mosaic law. Whilst God Himself would avenge the blood that was shed, not only upon men, but upon animals also (Gen 9:5), and commanded blood-revenge, He withdrew the execution of it from subjective caprice, and restricted it to cases of premeditated slaying or murder, by appointing cities of refuge, which were to protect the manslayer from the avenger, until he took his trial before the congregation. גּאל, 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 (Lev 25:25.), or a member of the family that had fallen into slavery (Lev 25:47.), but also the blood that had been taken away from the family by murder” (Oehler). In the latter respect he was called הדּם גּאל, (Num 35:19, Num 35:21, Num 35:24.; Deu 19:6, Deu 19:12). From 2Sa 14:7, we may see that it was the duty of the whole family to take care that blood-revenge was carried out. The performance of the duty itself, however, was probably regulated by the closeness of the relationship, and corresponded to the duty of redeeming from bondage (Lev 25:49), and to the right of inheritance (Num 27:8.). What standing before the congregation was to consist of, is defined more fully in what follows (Num 35:24, Num 35:25). If we compare with this Jos 20:4., the manslayer, who fled from the avenger of blood into a free city, was to stand before the gates of the city, and state his cause before the elders. They were then to receive him into the city, and give him a place that he might dwell among them, and were not to deliver him up to the avenger of blood till he had stood before the congregation for judgment. Consequently, if the slayer of a man presented himself with the request to be received, the elders of the free city had to make a provisional inquiry into his case, to decide whether they should grant him protection in the city; and then if the avenger of blood appeared, they were not to deliver up the person whom they had received, but to hand him over, on the charge of the avenger of blood, to the congregation to whom he belonged, or among whom the act had taken place, that they might investigate the case, and judge whether the deed itself was wilful or accidental.

Num 35:16-18

Special instructions are given in Num 35:16-28, with reference to the judicial procedure. First of all (Num 35:16-21), with regard to qualified slaying or murder. If any person has struck another with an iron instrument (an axe, hatchet, hammer, etc.), or “with a stone of the hand, from which one dies,” i.e., with a stone which filled the hand, - a large stone, therefore, with which it was possible to kill, - or “with a wooden instrument of the hand, from which one dies,” i.e., with a thick club, or a large, strong wooden instrument, and he then died (so that he died in consequence), he was a murderer, who was to be put to death. “For the suspicion would rest upon any one who had used an instrument, that endangered life and therefore was not generally used in striking, that he had intended to take life away” (Knobel).

Num 35:19

The avenger of blood could put him to death, when he hit upon him, i.e., whenever and wherever he met with him.

Num 35:20-23

And so also the man who hit another in hatred, or threw at him by lying in wait, or struck him with the hand in enmity, so that he died. And if a murderer of this kind fled into a free city, the elders of his city were to have him fetched out and delivered up to the avenger of blood (Deu 19:11-12). Then follow, in Num 35:22-28, the proceedings to be taken with an unintentional manslayer, viz., if any one hit another “in the moment,” i.e., suddenly, unawares (Num 6:9), without enmity, or by throwing anything upon him, without lying in wait, or by letting a stone, by which a man might be killed, fall upon him without seeing him, so that he died in consequence, but without being his enemy, or watching to do him harm. In using the expression בּכל־אבן, the writer had probably השׁליך still in his mind; but he dropped this word, and wrote ויּפּל in the form of a fresh sentence. The thing intended is explained still more clearly in Deu 19:4-5. Instead of בּפתע, we find there בּבלי־דעת, without knowing unintentionally. The words, “without being his enemy,” are paraphrased there by, “without hating him from yesterday and the day before yesterday” (i.e., previously), and are explained by an example taken from the life: “When a man goeth into the wood with his neighbour to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the iron slippeth (נשׁל Niphal of שׁלל) from the wood (handle), and lighteth upon his neighbour.”

Num 35:24-25

In such a case as this, the congregation was to judge between the slayer and the avenger of blood, according to the judgments before them. They were to rescue the innocent man from the avenger of blood, to bring him back to his (i.e., the nearest) city of refuge to which he had fled, that he might dwell there till the death of the high priest, who had been anointed with the holy oil.

Num 35:26-28

If he left the city of refuge before this, and the avenger of blood got hold of him, and slew him outside the borders (precincts) of the city, it was not to be reckoned to him as blood (דּם לו אין, like דּמים לו אין, Exo 22:1). But after the death of the high priest he might return “into the land of his possession,” i.e., his hereditary possession (cf. Lev 27:22), sc., without the avenger of blood being allowed to pursue him any longer.

In these regulations “all the rigour of the divine justice is manifested in the most beautiful concord with His compassionate mercy. Through the destruction of life, even when not wilful, human blood had been shed, and demanded expiation. Yet this expiation did not consist in the death of the offender himself, because he had not sinned wilfully.” Hence an asylum was provided for him in the free city, to which he might escape, and where he would lie concealed. This sojourn in the free city was not to be regarded as banishment, although separation from house, home, and family was certainly a punishment; but it was a concealment under “the protection of the mercy of God, which opened places of escape in the cities of refuge from the carnal ardour of the avenger of blood, where the slayer remained concealed until his sin was expiated by the death of the high priest.” For the fact, that the death of the high priest was hereby regarded as expiatory, as many of the Rabbins, fathers, and earlier commentators maintain (see my Comm. on Joshua, p. 448), is unmistakeably evident from the addition of the clause, “who has been anointed with the holy oil,” which would appear unmeaning and superfluous on any other view. This clause points to the inward connection between the return of the slayer and the death of the high priest. “The anointing with the holy oil was a symbol of the communication of the Holy Ghost, by which the high priest was empowered to act as mediator and representative of the nation before God, so that he alone could carry out the yearly and general expiation for the whole nation, on the great day of atonement. But as his life and work acquired a representative signification through this anointing with the Holy Ghost, his death might also be regarded as a death for the sins of the people, by virtue of the Holy Ghost imparted to him, through which the unintentional manslayer received the benefits of the propitiation for his sin before God, so that he could return cleansed to his native town, without further exposure to the vengeance of the avenger of blood” (Comm. on Joshua, p. 448). But inasmuch as, according to this view, the death of the high priest had the same result in a certain sense, in relation to his time of office, as his function on the day of atonement had had every year, “the death of the earthly high priest became thereby a type of that of the heavenly One, who, through the eternal (holy) Spirit, offered Himself without spot to God, that we might be redeemed from our transgressions, and receive the promised eternal inheritance (Heb 9:14-15). Just as the blood of Christ wrought out eternal redemption, only because through the eternal Spirit He offered Himself without spot to God, so the death of the high priest of the Old Testament secured the complete deliverance of the manslayer form his sin, only because he had been anointed with the holy oil, the symbol of the Holy Ghost.”

Num 35:29-32

If, therefore, the confinement of the unintentional manslayer in the city of refuge was neither an ordinary exile nor merely a means of rescuing him from the revenge of the enraged goel, but an appointment of the just and merciful God for the expiation of human blood even though not wilfully shed, that, whilst there was no violation of judicial righteousness, a barrier might be set to the unrighteousness of family revenge; it was necessary to guard against any such abuse of this gracious provision of the righteous God, as that into which the heathen right of asylum had degenerated.On the asyla, in general, see Winer’s Real-Wörterbuch, art. Freistatt; Pauly, Real-encyckl. der class. Alterthums-wissenschaft, Bd. i. s. v. Asylum; but more especially K. Dann, “über den Ursprung des Asylrechts und dessen Schicksale und Ueberreste in Europa,” in hisZtschr. für deutsches Recht, Lpz. 1840. “The asyla of the Greeks, Romans, and Germans differed altogether from those of the Hebrews; for whilst the latter were never intended to save the wilful criminal from the punishment he deserved, but were simply established for the purpose of securing a just sentence, the former actually answered the purpose of rescuing the criminal from the punishment which he legally deserved.”

The instructions which follow in Num 35:29-34 were intended to secure this object. In Num 35:29, there is first of all the general law, that these instructions (those given in vv. 11-28) were to be for a statute of judgment (see Num 27:11) for all future ages (“throughout your generations,” see Exo 12:14, Exo 12:20). Then, in Num 35:30, a just judgment is enforced in the treatment of murder. “Whoso killeth any person (these words are construed absolutely), at the mouth (the testimony) of witnesses shall the murderer be put to death; and one witness shall not answer (give evidence) against a person to die;” i.e., if the taking of life were in question, capital punishment was not to be inflicted upon the testimony of one person only, but upon that of a plurality of witnesses. One witness could not only be more easily mistaken than several, but would be more likely to be partial than several persons who were unanimous in bearing witness to one and the same thing. The number of witnesses was afterwards fixed at two witnesses, at least, in the case of capital crimes (Deu 17:6), and two or three in the case of every crime (Deu 19:15; cf. Joh 8:17; 2Co 13:1; Heb 10:28). - Lastly (Num 35:31.), the command is given not to take redemption money, either for the life of the murderer, who was a wicked man to die, i.e., deserving of death (such a man was to be put to death); nor “for fleeing into the city of refuge, to return to dwell in the land till the death of the high priest:” that is to say, they were neither to allow the wilful murderer to come to terms with the relative of the man who had been put to death, by the payment of a redemption fee, and so to save his life, as is not unfrequently the case in the East at the present day (cf. Robinson, Pal. i. p. 209, and Lane's Manners and Customs); nor even to allow the unintentional murderer to purchase permission to return home from the city of refuge before the death of the high priest, by the payment of a money compensation.

Num 35:33

The Israelites were not to desecrate their land by sparing the murderer; as blood, i.e., bloodshed or murder, desecrated the land, and there was no expiation (יכפּר) to the land for the blood that was shed in it, except through the blood of the man who had shed it, i.e., through the execution of the murderer, by which justice would be satisfied.

Num 35:34

And they were not to desecrate the land in which they dwelt by tolerating murderers, because Jehovah, the Holy One, dwelt in it, among the children of Israel (cf. Lev 18:25.).

The Cities of the Levites. (b. c. 1452.)

1 And the Lord spake unto Moses in the plains of Moab by Jordan near Jericho, saying, 2 Command the children of Israel, that they give unto the Levites of the inheritance of their possession cities to dwell in; and ye shall give also unto the Levites suburbs for the cities round about them. 3 And the cities shall they have to dwell in; and the suburbs of them shall be for their cattle, and for their goods, and for all their beasts. 4 And the suburbs of the cities, which ye shall give unto the Levites, shall reach from the wall of the city and outward a thousand cubits round about. 5 And ye shall measure from without the city on the east side two thousand cubits, and on the south side two thousand cubits, and on the west side two thousand cubits, and on the north side two thousand cubits; and the city shall be in the midst: this shall be to them the suburbs of the cities. 6 And among the cities which ye shall give unto the Levites there shall be six cities for refuge, which ye shall appoint for the manslayer, that he may flee thither: and to them ye shall add forty and two cities. 7 So all the cities which ye shall give to the Levites shall be forty and eight cities: them shall ye give with their suburbs. 8 And the cities which ye shall give shall be of the possession of the children of Israel: from them that have many ye shall give many; but from them that have few ye shall give few: every one shall give of his cities unto the Levites according to his inheritance which he inheriteth.

The laws about the tithes and offerings had provided very plentifully for the maintenance of the Levites, but it was not to be thought, nor indeed was it for the public good, that when they came to Canaan they should all live about the tabernacle, as they had done in the wilderness, and therefore care must be taken to provide habitations for them, in which they might live comfortably and usefully. It is this which is here taken care of.

I. Cities were allotted them, with their suburbs, v. 2. They were not to have any ground for tillage; they needed not to sow, nor reap, nor gather into barns, for their heavenly Father fed them with the tithe of the increase of other people's labours, that they might the more closely attend to the study of the law, and might have more leisure to teach the people; for they were not fed thus easily that they might live in idleness, but that they might give themselves wholly to the business of their profession, and not be entangled in the affairs of this life. 1. Cities were allotted them, that they might live near together, and converse with one another about the law, to their mutual edification; and that in doubtful cases they might consult one another, and in all cases strengthen one another's hands. 2. These cities had suburbs annexed to them for their cattle (v. 3), a thousand cubits from the wall was allowed them for out-houses to keep their cattle in, and then two thousand more for fields to graze their cattle in, v. 4, 5. Thus was care taken that they should not only live, but live plentifully, and have all desirable conveniences about them, that they might not be looked upon with contempt by their neighbours.

II. These cities were to be assigned them out of the possessions of each tribe, v. 8. 1. That each tribe might thus make a grateful acknowledgment to God out of their real as well as out of their personal estates (for what was given to the Levites was accepted as given to the Lord) and thus their possessions were sanctified to them. 2. That each tribe might have the benefit of the Levites' dwelling among them, to teach them the good knowledge of the Lord; thus that light was diffused through all parts of the country, and none were left to sit in darkness, Deut. xxxiii. 10, They shall teach Jacob thy judgments. Jacob's curse on Levi's anger was, I will scatter them in Israel, Gen. xlix. 7. But that curse was turned into a blessing, and the Levites, by being thus scattered, were put into a capacity of doing so much the more good. It is a great mercy to a country to be replenished in all parts with faithful ministers.

III. The number allotted them was forty-eight in all, four out of each of the twelve tribes, one with another. Out of the united tribes of Simeon and Judah nine, out of Naphtali three, and four apiece out of the rest, as appears, Josh. xxi. Thus were they blessed with a good ministry, and that ministry with a comfortable maintenance, not only in tithes, but in glebe-lands. And, though the gospel is not so particular as the law was in this matter, yet it expressly provides that he that is taught in the word should communicate unto him that teaches in all good things, Gal. vi. 6.

The Cities of Refuge. (b. c. 1452.)

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, 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, Matt. v. 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. ix. 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 John iii. 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. xlix. 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, Deut. xvii. 6; xix. 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, Exod. xxi. 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, Exod. xxi. 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. vi. 18), and being found in Christ, Phil. iii. 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 Kings i. 50; ii. 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. viii. 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.

CHAP. XXXV.

ANd Iehovah spake unto Moses, in the plaines of Moab, by Iordan, neere Iericho, saying; Command the sons of Israel that they give unto the Levites of the inheritance of their possession, cities to dwell in; and suburbs to the cities round about them, shall yee give unto the Levites.

And the cities shall be for them to dwell in, and the suburbs of them shall be for their cattell, and for their goods, and for all their beasts. And the suburbs of the cities which yee shall give unto the Levites, shall be from the wall of the citie, and outward, a thousand cubits round about. And ye shall measure from without the citie on the East-side two thousand cubits, and on the South-side two thousand cubits, and on the Sea-side two thousand cubits, and on the North-side two thousand cubits, and the citie shall be in the midst; this shall be to them the suburbs of the cities. And the cities which yee shall give unto the Levites, shall be the six cities of refuge, which ye shall give, for the man-slayer to flee thither; and above them yee shall give fortie and two cities. All the cities which ye shall give unto the Levites, shall be forty and eight cities, them and their suburbs. And the cities which ye shall give for the possession of the sons of Israel, from them that have many, ye shall give many; and from them that have few, ye shall give few; every man according to his inheritance which they inherit, hee shall give of his cities unto the Levites.

And Iehovah spake unto Moses, saying;

Speake unto the sonnes of Israel, and say unto them; When ye be come over Iordan into the land of Canaan; Then ye shall appoint for you cities, cities of refuge shal they be for you, that the man-slayer may flee thither, which smiteth a soule by errour. And the cities shall be unto you for refuge from the avenger, that the man-slayer die not untill he stand before the Congregation for judgement. And the cities which ye shall give, the six cities of refuge shall be for you. Three cities ye shall give on this side Iordan, and three cities shall yee give in the land of Canaan, cities of refuge shall they be. For the sonnes of Israel, and for the stranger, and for the sojourner among them, shall these six cities be for a refuge; that every one that smiteth a soule by errour may flee thither. And if he smite him with an instrument of iron, and he die, he is a man-slayer; the man-slayer shall be surely put to death. And if he smite him with a stone of the hand, wherewith he may die, and he die, he is a man-slayer; the man-slayer shalbe surely put to death. Or, if hee smite him with an instrument of wood of the hand, wherwith he may die, and he die, he is a man-slayer; the man-slayer shall be surely put to death. The avēger of the bloud, he shal put to death the man-slayer; when he meeteth him, he shal put him to death. And if he thrust him of hatred, or have cast upon him by laying of wait, and he die: Or in enmity smite him with his hand, and he die, the smiter shall be surely put to death, he is a man-slayer: the avenger of the bloud shall put to death the man-slayer when he meeteth him. But if he thrust him suddenly, without enmity, or have cast upon him any instrument without laying of wait: Or with any stone, wherewith he may die, without seeing him; and hee hath caused it to fall upon him, and he die, and he was not his enemie, nor a seeker of his evill.

Then the Congregation shall judge betweene the smiter and the avenger of the bloud, according to these judgements. And the Congregation shall deliver the man-slayer out of the hand of the avenger of the bloud, and the Congregation shall restore him unto the citie of his refuge, whither hee was fled; and hee shall abide in it untill the death of the great Priest, which was anointed with the oyle of holinesse. And if the man-slayer going shall goe forth, out of the border of the citie of his refuge, whither hee was fled: And the avenger of the bloud finde him without the border of the citie of his refuge, and the avenger of the bloud shall slay the man-slayer, no bloud shal be unto him.

Because he should have abidden in the citie of his refuge, untill the death of the great Priest; and after the death of the great Priest, the man-slayer shall returne into the land of his possession. And these things shall be unto you for a statute of judgement, through-out your generations, in all your dwellings.

Every one that smiteth a soule by the mouth of witnesses, the man-slayer shall be slaine; but one witnesse shall not answer against a soule, to die. And ye shall take no ransome for the soule of the man-slayer, which is guilty of death, but he shall be surely put to death. Neither shall yee take ransome for him that is fled unto the citie of his refuge, to returne to dwel in the land, until the death of the Priest. And ye shall not pollute the land, wherein yee are, for bloud, it polluteth the land; and for the land there shal be no expiation for the bloud that is shed therein, but by the bloud of him that shed it. And thou shalt not defile the land which ye inhabit in, within which I doe dwell, for I Iehovah dwel among the sonnes of Israel.

Annotations. THat they give] or, and let them give unto the Levites. The Lord having given order in Chap. 34. for dividing the land unto Israel, commandeth here a portion to bee given out of all their possessions unto him, which he bestoweth on his Ministers the Levites, for a part of their livelihood. The equitie of which law, both for honouring the Lord with our substance, Prov. 3. 9. and for maintaining his Ministers, Gal. 6. 6. is perpetuall. Therefore speaking of the Church under the Gospell, according to these legall figures, hee saith, When yee shall divide by lot the land for inheritance, yee shall offer an oblation unto the LORD, an holy portion of the land, &c. The holy portion of the land shal be for the Priests, the Ministers of the Sanctuary, which shall come neere to minister unto the LORD, &c. Ezek. 45. 1, 4, 5. and 48. 9, 10, 13. suburbs to the cities] or, as the Greeke translateth, the suburbs of the cities: which suburbs are called in Hebrew Migrash, that is, a place cast out, as lying without the walls of the citie; in Chaldee, R[illegible: 1 letter]v[illegible: 1 letter]ch, that is, a Space; in Greeke, Proásteia, as lying before the citie; and in vers. 3. Aphorismata, as being separated from the citie; and in vers. 5. homora, confines, or limits. Vers. 3. their goods] or, their substance, their gathered goods: see the notes on Gen. 12. 5. it is a generall word, and sometime implieth cattell also, as 2 Chron. 31. 3. and 32. 29. and 35. 7. beasts] in Hebrew Chajah, which is a generall name for living things; but here translated in Greeke fourefooted beasts. And from hence the Hebrews gather, that they gave the Levites a place of buriall to every citie, without these bounds (or suburbs:) for they buried not their dead in the suburbs of their cities, because it is said, AND FOR ALL THEIR LIVING THINGS; they gave it for the living, and not for buriall. Maimony Treat. of Release and Iubilee, chap. 13. sect. 3. That they used in Israel to bury their dead without the cities, appeareth by Luke 7. 11, 12. Vers. 4. a thousand cubits] The Greeke saith, two thousand cubits, as it is in the verse following, where the Lord speaketh of two thousand cubits: so the thousand cubits here mentioned, some thinke to be meant of holy measure, double so much as the common measure, and that the latter doe expound the former. The Hebrewes explaine it thus; The suburbs of the cities are expressed in the Law to be three thousand cubits on every side, from the wall of the citie, and outward, Num. 35. 4, 5. The first thousand are the suburbs, and the two thousand which they measured without the suburbs, were for fields and vineyards. Maim. Treat. of the Release and Iubilee, chap. 13. sect. 2. Vers. 5. without the citie] by the citie, the Hebrewes understand here the citie with the suburbs, that is, the thousand cubits forementioned, which were for their cattell, and these two thousand moe for fields and vineyards, as is before noted. East side] or, East quarter; in Chaldee, East winde: See the notes on Numb. 34. 3. Sea side] that is, the West side, as the Chaldee saith, the West winde. Moses useth to call the West, the Sea, as is noted on Gen. 12. 8. So in Numb. 34. 6. Vers. 6. of refuge] that citie is called in Hebrew Miklat, of gathering, because the man-slayer was there gathered and detained; in Greeke, Phugad[illegible: 1 letter]nterion, a place of flight and exile; in Chaldee, Shezabuth, of deliverance and preservation. The six cities appointed for refuge, were these; Bezer of the Reubenites country, Ramoth in Gilead of the Gadites, and Golan in Basan of the Manassites; these three Moses separated, Deut. 4. 41, 43. the other three appointed by Ioshua, were Kedesh in Galilee in mount Naphtali, Shechem in mount Ephraim, and Kirjath-arba (which is Hebron) in the mount of Iudah, Ios. 20. 7. the use of these is after shewed. 42. cities] These with the six cities of refuge, are declared in Ios. 21. how they were given out of every tribe. Of the Kohathites, the Priests the sons of Aaron had thirteene cities, Ios. 21. 19. the residue of the Kohathites had ten cities, Ios. 21. 26. The Gershonites had thirteene cities, Ios. 21. 33. The Merarites had twelve cities, Ios. 21. 40. So all the cities of the Levites, within the possession of the somes of Israel, were fortie and eight cities with their suburbs, Ios. 21. 41. Thus Iakobs prophesie of Levi was fulfilled, that he should be scattered in Israel, Gen. 49. 5, 7. But because of the Levites zeale for the Lord, the curse was turned into a blessing, (as is noted on Exod. 32. 29.) and they were teachers of the law [illegible: 1 span]o the tribes of Israel, Deut. 33. 8, 10. Wherfore God gave them cities out of every tribe. How [illegible: 1 word], whatsoever remained of these cities, besides the habitations of the Levites, and the suburbs [illegible: 1 letter]orementioned, as the fields of the cities, and their villages, continued under the dominion, and in the possession of the tribes, to whom they had been distributed before, as the example of Hebron given unto Caleb sheweth, Ios. 14. 13, 14. and 21. 11, 12. Vers. 8. yee shall give many] or, yee shall multiply to give: so the tribes that had many cities, and [illegible: 1 span]ge inheritances, gave the more cities. For [illegible: 1 word] of the tribes of the sonnes of Iudah and of Si [illegible: 1 word], were given nine cities, out of Benjamin foure, out of Ephraim foure, out of Dan foure, out of the halfe tribe of Manasses two, out of the other halfe [illegible: 1 word] of Manasses two, out of Issachar foure, out of Aser foure, out of Naphtali three, out of Zabulon foure, out of Reuben foure, out of Gad foure, Ios. 21. 9, 16, &c. Vers. 11. shall appoint] or prepare, as the Chaldee explaineth it; in Greeke, yee shall distinguish, (or distinctly separate:) elsewhere it is called separ[illegible: 1 span]ng, Deut. 4. 41. and sanctifying, Ios. 20. 7. by errour] or, ignorantly, unadvisedly, unawares: the Greeke translateth, unwillingly; this is opened in vers. 22, 23. and Deut. 19. 5. In [illegible: 1 letter]os. 20. 3. it is declared by two words, by errour, (o[illegible: 1 letter] unawares,) and without knowledge, (or unwittingly.) Vers. 12. the avenger] to wit, of the bloud, as is expressed in vers. 19. and the Chaldee and Greeke here adde the same. Goel, here Englished an Avonger, elsewhere signifieth a Redeemer, but properly one of the same bloud and kindred, as Ruth 2. 20. and 3. 9, 12. who if things were sold, was to redeeme them, as Levit. 25. 25. if bloud were shed, was to avenge it, as in this case. And so the Greeke here & usually calleth him Agchiste[illegible: 1 letter]on, that is, one neere of kin. Of this kinsman the avenger, it is said in v. 19. that he should put the murderer to death; see the notes there. before the congregation] When a man had done a murder, he fled to some citie of refuge, the way being alwaies prepared, that he might flee thither without hinderance, as is noted on Deut. 19. 3. Comming thither, at the entring of the gate, he shewed his cause to the Elders of the citie of refuge, who tooke him in till he was sent after, and fetched home to the citie where hee had done the murder, and there he stood before the congregation, Ios. 20. 4, 6. who if they found him worthy of death, they delivered him to the avenger, to kill him; if not, they returned him to his citie of refuge, where hee lived in a kinde of exile and imprisonment, untill the death of the high Priest, as after followeth. See Deut. 19. 12. Before the cities of refuge were appointed, the Altar was a place of refuge, as is probable by Exod. 21. 13, 14. And from that place the Hebrewes gather that the Altar was a place of refuge. Maim. Treat. of Murder, chap. 5. sect. 12. Vers. 14. Three cities] which were Bezer, Ramoth, and Golan, Deut. 4. 41, 43. and three cities] Kedesh, Shechem, and Hebron, Ios. 20. 7. And if the Lord enlarged their coast, and gave them all the land, they were to adde three cities moe, Deut. 19. 8, 9. Vers. 15. the stranger] in Greeke, the proselyte, meaning him that was not an Israelite by nature, but by religion. the sojourner] that dwelt a stranger in the land of Israel, and yet not of their Church and religion, Deut. 14. 21. These all had benefit by the cities of refuge; but if an heathen by errour killed an heathen, the cities of refuge received him not, saith Maim. Treat. of Murder, chap. 5. sect. 4. smiteth a soule] that is, killeth any person; so vers. 11. Vers. 16. if he smite him] to wit, purposely, and presumptuously, as the punishment after sheweth. surely put to death] or, put to die the death; Hebr. dying hee shall be put to death; so in vers. 17, 18, 21. Vers. 17. a stone of the hand, that is, throwen with the hand; the Greeke translateth it, a stone out of the hand; the Chaldee, a stone that is taken in the hand. he may die] the Chaldee more fully explaineth it, which is enough for him to die therewith; so in vers. 18. Vers. 18. wood of the hand] Greeke, out of the hand; Chaldee, wood taken in the hand, which is sufficient for him to die thereby; as in vers. 17. These cautions are here added to discerne of murders; the Hebrewes explaine them thus: He that smiteth his fellow presumptuously with a stone, or with wood, that he die, they measure the thing wherewith he smote him, and the place whereon he smote him to see [illegible: 1 letter]f that thing were enough to kill him upon such a member (of his body) or not, as it is written, WITH A STONE OF THE HAND, &c. so that it be enough to kil him. They measure also the might of him that smote, &c. For iron instruments the Law gives no measure, Num. 35. 16. He is to die that killed him, though it were with a needle; and whatsoever is sharp like a needle, as bodkin, knife, or the like. Hee that smiteth his fellow without any instrument, and killeth him, as with his hand, or his foot, &c. they measure the strength of him that smote, and of him that was killed, and the place of the blow, &c. Maim. Treat. of Murder, chap. 3. sect. 1. &c. Vers. 19. he shall put to death] or, he may put him to death, to wit, after he is adjudged to death by the Magistrate, vers. 12. If the avenger of bloud will not, or if he be not able to kill him, or if he have no avenger of bloud, then the Iudges shall kill the murderer with the sword. Maim. Treat. of Murder, chap. 1. sect. 1. When he meeteth him] though it be within the cities of refuge, saith Iarchi. But this is to be understood, after lawfull judgement by the Magistrate; for the Elders of his citie were to send and fetch him from the citie of refuge, and deliver him into the hand of the avenger of bloud, Deut. 19. 12. Wherefore the Chaldee, in stead of meeteth him, saith, When he shall be condemned unto him by judgement: So in vers. 21. Vers. 20. of hatred] which is inveterate anger, and inward grudge, differing from enmitie or open hostility, spoken of in v. 21. He that hateth, dissembleth with his lips, and layeth up deceit within him, Prov. 26. 24. The Hebrewes say, He that hateth, if he kill by errour (or unadvisedly) he is not kept in (the citie of) refuge, as it is said, And he was not his enemy, (Numb. 35. 23.) &c. And who is he that hateth? hee that for enmities sake speaketh not unto him for three dayes (space.) Maim. Treat. of Murder, chap. 6. sect. 10. cast upon him] to wit, any instrument, as is expressed in vers. 22. and so the Greeke explaineth it here. by laying of wait] with intent and purpose of evill, when occasion is offered: so Saul laid wait (or hunted) for Davids soule, 1 Sam. 24. 11. the Iewes for Christ, Luke 11. 54. and for Pauls life, Act. 23. 21. Vers. 21. enmity] or hostility, ill will open and professed. Vers. 22. suddenly] or, unawares, and as it were by chance. Vers. 23. with any stone] that is, have smitten him with any stone, as in vers. 17. wherewith he may die] in Chaldee, which is sufficient that he may die therewith: See the notes on vers. 18. Vers. 25. of the great Priest] a figure of Christ, called the great Priest over the house of God, Hebr. 10. 21. and the great High-Priest that is passed into the heavens, Hebr. 4. 14. who is the Mediator of the new Testament, that by meanes of death, for the redemption of the transgressions under the first Testament, they which are called might receive the promise of the eternall inheritance, Heb. 9. 15. As the high Priests, whiles they lived, by their service and sacrificing made atonement for the sinnes of the people, especially one day in the yeare, Levit. 16. wherein they figured the worke of Christ for us: so at the high Priests death, by releasing such as were exiled for unwitting murder, there was a shadow of redemption in Israel. Vers. 26. going shall goe forth] that is, shall at any time, upon any occasion goe forth. So he was not only exiled from his owne citie, but confined as a prisoner within the limits of the citie of refuge. The Hebrewes say, Hee might never goe out of the citie of his refuge, no not though it were for a thing commanded [as to worship at the solemne feasts, or the like] or for to beare witnesse, whether it were in money matters, or to testifie in case of life and death, &c. Maim. Treat. of Murder, chap. 7. sect. 8. Vers. 27. without the border] so not the citie onely, but the borders and limits of the territories thereof were his refuge. Every citie of refuge, the borders thereof are a refuge as well as it, &c. and if (the avenger of bloud) kill him there, he is to be killed for him. Notwithstanding though the border be a refuge, yet the man-slayer may not dwell in it; for it is said (in vers. 25.) AND HE SHALL ABIDE IN IT; in it (the citie,) and not in the border of it. Maim. ibid. chap. 8. sect. 11. no bloud shall be unto him] that is, the avenger shall have no bloud imputed to him; or, as the Greeke translateth it, hee shall not bee guiltie, to wit, of bloud-shed. Vers. 28. into the land of his possession] into his owne citie or village, that part of the land which he possessed. It is holden by the Hebrewes, that although by the high Priests death atonement was made for him, yet he never returned to the princely state (or dignitie) that hee had (in the citie,) but was debased from his greatnesse all dis dayes, because that great scandall came by his hand. Maimon. ibid. chap. 7. sect. 14. Moreover they say, A man-s[illegible: 1 letter]ayer upon whom sentence is past that he shall be exi[illegible: 1 letter]ed, if he die before he go into exile, they carry his bones thither. And a man-slayer that dieth in the citie of his refuge, they bury him there; and when the high Priest dieth, they carry the man-slayers bones from thence unto the sepulchres of his fathers. Ibid. sect. 3. Vers. 30. Every one that smiteth a soule] that is, who so killeth a person, to wit, him that is a murderer. by the mouth] that is, by the testimony of witnesses, which after is explained of two witnesses, or three witnesses, Deut. 17. 6. and 19. 15. See the Annotations there. not answer] that is, not testifie, as the Greeke and Chaldee translate it, meaning, to have the sentence of death confirmed against him: See Deut. 19. 15. to die] that is, to cause him to die; or, that he should die: See the notes on Gen. 6. 19. Vers. 31. the soule of the man-slayer] that is, the life of the murderer, to redeeme him from death. The Iudges are warned that they take no ransome of the murderer, and though he could give all the weal[illegible: 1 letter]h that is in the world, and though the avenger of bloud should be willing to free him; for the soule of him that is killed, is not the possession of the avenger of bloud, but the possession of the holy blessed (God.) Maimon. Treat. of Murder, ch. 1. sect. 4. guiltie of death] Hebr. which is wicked, to die, that is, as the Greeke and Chaldee explaine it, guilty, or condemned to die. According to this phrase David saith, When he shall be judged, let him goe forth wicked, (that is, condemned,) Psal. 109. 7. Vers. 32. for him that is fled] Hebr. to flee; which is explained by Iarchi and others, for him that is fled. in the land] in the land of his possession, as in vers. 28. Vers. 33. polluteth] or impiously staineth, foulely deformeth the land. This word which Moses here useth of murder, and the Prophets after apply unto spirituall whoredome or idolatrie, Ierem. 3. 2, 9. and [illegible: 1 letter]dolatrous bloud-shed, Psal. 106. 38. sheweth the hainousnesse of this sinne, that defileth not only him that doth it, but the whole land, if it be not avenged. Hereupon the Hebrewes say, Thou hast not any thing concerning which the Law giveth such a charge, as for shedding of bloud; as it is said (in Numb. 35. 33.) And ye shall not pollute the land, &c. Maimony Treat. of Murder, chap. 1. sect. 4. the bloud of him that shed it] if it were wilfull murder; or by the death of the high Priest, if it were unwilling man-slaughter. Hereupon it is said, A man that doth violence to the bloud of any person, shall flie to the pit, let no man stay him, Prov. 28. 17. Vers. 34. I doe dwell] the land of Israel was the LORDS land, Hos. 9. 3. and by his dwelling there among his people, was sanctified, and called the holy land, Zach. 2. 12. and though he dwelt most specially in his Sanctuary there, which afterward was in Ierusalem, Psal. 74. 2. and 1 35. 21. yet the whole land was sanctified by his habitation therein, which was a reason why the people might not pollute it, either with bloud, or with any other wickednesse; for holinesse becommeth his house for ever, Psal. 93. 5. And for this cause the uncleane were to be put out of the campe of Israel, in the midst whereof God did dwell, Numb. 5. 3.