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.
More posts on the book of Deuteronomy: Devarim
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