DEVARIM 19: Cities of Refuge

Chapter 19 of Devarim (Deuteronomy) talks about some special cities on the Promise Land:
(Deu. 19:1-2) When the Lord your God cuts off the nations whose land the Lord your God is giving you, and you dispossess them and dwell in their cities and in their houses, you shall set apart three cities for yourselves in the land that the Lord your God is giving you to possess.

These cities had to be located on strategic places; but, what was their purpose? The Bible explains:

(Deu. 19:3) You shall measure the distances and divide into three parts the area of the land that the Lord your God gives you as a possession, so that any manslayer can flee to them.


Why does the Bible contemplate a refuge place for a manslayer? Even though it seems odd at first glance, we read that it is not “any manslayer” …
(Deu. 19:4-5) This is the provision for the manslayer, who by fleeing there may save his life. If anyone kills his neighbor unintentionally without having hated him in the past— as when someone goes into the forest with his neighbor to cut wood, and his hand swings the axe to cut down a tree, and the head slips from the handle and strikes his neighbor so that he dies—he may flee to one of these cities and live.

The protection is for those that are involved in accidental deaths, which has to be proven before the courts of justice. Let’s read what is written in Numbers to understand what proceeds in this kind of death…
(Numbers 35:10-12) Speak to the people of Israel and say to them, when you cross the Jordan into the land of Canaan, then you shall select cities to be cities of refuge for you, that the manslayer who kills any person without intent may flee there. The cities shall be for you a refuge from the avenger, that the manslayer may not die until he stands before the congregation for judgment.

AVENGING RELATIVE
The Bible contemplates justice not only for the one that had the accident, but also for the relatives of the person that died. When the homicide is not accidental but premeditated murder, then the relative of the one killed has the opportunity to participate in the process of justice. This person is known as “the avenger of blood”.
(Numbers 35:19-21) The avenger of blood shall himself put the murderer to death; when he meets him, he shall put him to death.  And if he pushed him out of hatred or hurled something at him, lying in wait, so that he died, or in enmity struck him down with his hand, so that he died, then he who struck the blow shall be put to death. He is a murderer. The avenger of blood shall put the murderer to death when he meets him.

Given the fact that the relative has the right to avenge the death, the “accidental murderer” has the opportunity to flee to one of the cities of refuge, which are cities of the Levites, were the case will be judged. If his innocence is proven, his life will be forgiven; nonetheless, he will not be free to leave, but he will have to stay in the city of refuge for a long time (maybe even for life)—like a type of house arrest. There he will be protected from the avenger of blood.
(Num. 35:22-25) But if he pushed him suddenly without enmity, or hurled anything on him without lying in wait or used a stone that could cause death, and without seeing him dropped it on him, so that he died, though he was not his enemy and did not seek his harm, then the congregation shall judge between the manslayer and the avenger of blood, in accordance with these rules. And the congregation shall rescue the manslayer from the hand of the avenger of blood, and the congregation shall restore him to his city of refuge to which he had fled, and he shall live in it until the death of the high priest who was anointed with the holy oil.

For this reason, in Devarim (Deut.) it is written that the unintentional manslayer shall hide in one of the cities of refuge to be saved from the hand of the avenger. 
(Deu. 19:6) lest the avenger of blood in hot anger pursue the manslayer and overtake him, because the way is long, and strike him fatally, though the man did not deserve to die, since he had not hated his neighbor in the past.

The city of refuge protects someone who commits homicide by accident, but it also contemplates the pain of the relatives of the one that died (even if by accident). This is the reason why these “cities of refuge” exist. Three of these cities were located in the land of Cannan, and the other three were in the territory belonging to Israel on the other side to the Jordan River (Num. 35:14-15).
(Deu. 19:7-10) Therefore I command you, you shall set apart three cities. And if the Lord your God enlarges your territory, as he has sworn to your fathers, and gives you all the land that he promised to give to your fathers— provided you are careful to keep all this commandment, which I command you today, by loving the Lord your God and by walking ever in his ways—then you shall add three other cities to these three, lest innocent blood be shed in your land that the Lord your God is giving you for an inheritance, and so the guilt of bloodshed be upon you.

FOUND GUILTY
What happens if the murderer is found guilty? In this case he will not be able to take refuge, but he will have to deal with the consequences of his actions. The Bible is clear as to what proceeds with someone that committed murder.
(Deu. 19:11-13) But if anyone hates his neighbor and lies in wait for him and attacks him and strikes him fatally so that he dies, and he flees into one of these cities, then the elders of his city shall send and take him from there, and hand him over to the avenger of blood, so that he may die. Your eye shall not pity him, but you shall purge the guilt of innocent blood from Israel, so that it may be well with you.

In terms of biblical justice, if someone kills another person, the consequence is death. But let’s remember that in the case of death penalty, there has to be two or more witnesses to be put to death (Deu. 17:6). That is why witnesses are mentioned here again…

WITNESSES
(Deu. 19:15) A single witness shall not suffice against a person for any crime or for any wrong in connection with any offense that he has committed. Only on the evidence of two witnesses or of three witnesses shall a charge be established.

The Bible states that two or more witnesses are needed for any sentence over any offense. The testimony of only one witness is not completely reliable.

Talking about witnesses, the Torah also makes reference to false witnesses…
(Deu. 19:16-17) If a malicious witness arises to accuse a person of wrongdoing, then both parties to the dispute shall appear before the Lord, before the priests and the judges who are in office in those days.

If there suspicion that a witness is false, the judges must inquire to discover the truth.
(Deu. 19:18) The judges shall inquire diligently, and if the witness is a false witness and has accused his brother falsely.

If it is proven that a testimony was false, the Torah determines the sentence that it must be given to the false witness: 
(Deu. 19:19-21) then you shall do to him as he had meant to do to his brother. So you shall purge the evil[a] from your midst.  And the rest shall hear and fear, and shall never again commit any such evil among you.  Your eye shall not pity. It shall be life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.

The false witness will receive exactly the same sentence than the accused would have gotten.

RESPECT FOR PROPERTY
The Torah teaches us to have respect of private property:
(Deu. 19:14) You shall not move your neighbor's landmark, which the men of old have set, in the inheritance that you will hold in the land that the Lord your God is giving you to possess.

The boundaries of private property were generally marked with boundary stones, which consist of a pile of heavy stones. The problem with these marks is that they could be moved on purpose. The Bible condemns those who don’t respect the boundaries of private property. This law is presented next to the false witnesses, because the litigations of the land can be reduced to a conflict of testimony. 


More posts on the book of Deuteronomy: Devarim



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