Text -- Numbers 35:8-34 (NET)

35:8 The towns you will give must be from the possession of the Israelites. From the larger tribes you must give more; and from the smaller tribes fewer. Each must contribute some of its own towns to the Levites in proportion to the inheritance allocated to each.

The Cities of Refuge

35:9 Then the Lord spoke to Moses: 35:10 “Speak to the Israelites and tell them, ‘When you cross over the Jordan River into the land of Canaan, 35:11 you must then designate some towns as towns of refuge for you, to which a person who has killed someone unintentionally may flee. 35:12 And they must stand as your towns of refuge from the avenger in order that the killer may not die until he has stood trial before the community. 35:13 These towns that you must give shall be your six towns for refuge. 35:14 “You must give three towns on this side of the Jordan, and you must give three towns in the land of Canaan; they must be towns of refuge. 35:15 These six towns will be places of refuge for the Israelites, and for the foreigner, and for the settler among them, so that anyone who kills any person accidentally may flee there. 35:16 “But if he hits someone with an iron tool so that he dies, he is a murderer. The murderer must surely be put to death. 35:17 If he strikes him by throwing a stone large enough that he could die, and he dies, he is a murderer. The murderer must surely be put to death. 35:18 Or if he strikes him with a wooden hand weapon so that he could die, and he dies, he is a murderer. The murderer must surely be put to death. 35:19 The avenger of blood himself must kill the murderer; when he meets him, he must kill him. 35:20 “But if he strikes him out of hatred or throws something at him intentionally so that he dies, 35:21 or with enmity he strikes him with his hand and he dies, the one who struck him must surely be put to death, for he is a murderer. The avenger of blood must kill the murderer when he meets him. 35:22 “But if he strikes him suddenly, without enmity, or throws anything at him unintentionally, 35:23 or with any stone large enough that a man could die, without seeing him, and throws it at him, and he dies, even though he was not his enemy nor sought his harm, 35:24 then the community must judge between the slayer and the avenger of blood according to these decisions. 35:25 The community must deliver the slayer out of the hand of the avenger of blood, and the community must restore him to the town of refuge to which he fled, and he must live there until the death of the high priest, who was anointed with the consecrated oil. 35:26 But if the slayer at any time goes outside the boundary of the town to which he had fled, 35:27 and the avenger of blood finds him outside the borders of the town of refuge, and the avenger of blood kills the slayer, he will not be guilty of blood, 35:28 because the slayer should have stayed in his town of refuge until the death of the high priest. But after the death of the high priest, the slayer may return to the land of his possessions. 35:29 So these things must be a statutory ordinance for you throughout your generations, in all the places where you live. 35:30 “Whoever kills any person, the murderer must be put to death by the testimony of witnesses; but one witness cannot testify against any person to cause him to be put to death. 35:31 Moreover, you must not accept a ransom for the life of a murderer who is guilty of death; he must surely be put to death. 35:32 And you must not accept a ransom for anyone who has fled to a town of refuge, to allow him to return home and live on his own land before the death of the high priest. 35:33 “You must not pollute the land where you live, for blood defiles the land, and the land cannot be cleansed of the blood that is shed there, except by the blood of the person who shed it. 35:34 Therefore do not defile the land that you will inhabit, in which I live, for I the Lord live among the Israelites.”

Commentary -- Word/Phrase Notes (per phrase)

Wesley: Num 35:11

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

Wesley: Num 35:12

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.

Wesley: Num 35:12

Be not killed by the avenger meeting him in some other place.

Wesley: Num 35:12

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.

Wesley: Num 35:14

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.

Wesley: Num 35:16

Wittingly and wilfully, though not with premeditated malice.

Wesley: Num 35:16

Yea though he were fled into the city of refuge.

Wesley: Num 35:19

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.

Wesley: Num 35:24

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

Wesley: Num 35:26

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.

Wesley: Num 35:27

Not liable to punishment from men, though not free of guilt before God.

Wesley: Num 35:27

slayer to abide in his city of refuge.

JFB: Num 35:8

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 Num 33:54; Jos 20:7).

JFB: Num 35:11

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 (Gen 4:14; Gen 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.

JFB: Num 35:16-21

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.

JFB: Num 35:22-28

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.

JFB: Num 35:29-34

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.

Clarke: Num 35:11

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.

Clarke: Num 35:12

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).

Clarke: Num 35:19

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).

Clarke: Num 35:30

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.

Clarke: Num 35:31

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.

Clarke: Num 35:32

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.

Clarke: Num 35:33

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.

Calvin: Num 35:16

16.=== And === if he smite him with an instrument of iron. God appears to contradict Himself, when, a little further on, He absolves involuntary murderers, although they may have inflicted the wound with iron or with a stone; whilst here He absolutely declares that whosoever shall smite another with wood, or iron, or a stone, shall be guilty of death; but this is easily explained if we consider his meaning; for, after having pardoned the unintentional act ( errori,) lest ⁵³ any should misconstrue this as affording impunity for crime, He at once anticipates them, and again inculcates what has been said before. By the express mention of iron, wood, and stone, He more dearly explains that no voluntary murders are to be pardoned; else, as laws are wont to be evaded by various subtleties, they would have endeavored, perhaps, to limit what had been said respecting the punishment of murderers to one single species of murder, viz., when a person had been slain with a sword. It is not, then, without cause that God condemns to death every kind of murderer, whether he have committed the crime with a weapon (of iron,) or by throwing a stone, or with a dub; since it is sufficient for his condemnation that he had conceived the intention to do the evil act. It is well known that ⁵⁴ by the Lex Cornelia, whosoever had carried a weapon with the intention of killing a man was guilty; and Martianus cites the reply of Adrian, — He who has killed a man, if he did it not with the intention of killing him, may be absolved; and he who has not killed a man, but has wounded him with intention to kill him, is to be condemned as a murderer; as Paulus also teaches, that in the said Lex Cornelia, the evil intention ( dolus) is taken for the deed. Another reply of Adrian is very true, That in crimes, the will and not the result must be regarded. Whence that saying of Ulpian, That there is no difference between the man who kills, and him who causes the death of another. Here, therefore, God had no other object than to cut off from murderers all handles for subterfuge, if they should be convicted of a wicked intention, especially when it resulted in an actual attempt; since there was no difference whether they had made use of a sword, or a mallet, or a stone.

Calvin: Num 35:19

19.=== The === revenger ⁵⁵ of blood himself. When God commanded that murderers should suffer death, He required that they should be condemned by the judges after due trial; but it seems to savor somewhat of barbarism, that he should now permit the relative of the dead man to take vengeance; for it is a very bad precedent to give the power of the sword to private individuals, and this too in their own cause. It; was indeed formerly permitted, as we shall see in its proper place, to put to death robbers by night, as also it was lawful for the husband, or the father, of a ravished woman to kill the adulterer caught in the fact; but it is absurd that the law should allow a person to avenge the death of his brother. But it is not to be supposed that this license was ever accorded by God, that a man might neglect the public authorities, and inflict punishment on his brothers murderer, wherever he should meet him; for this would have been to give the reins to sudden anger, so that blood would be added to blood. Wherefore it is probable that the danger of this is here denounced, rather than the gate opened to private vengeance; as if it had been said, that unless a provision were made for the innocent, the fury of those whose kindred had been slain, could hardly be restrained; not because it was lawful for them to render violence for violence, but because they would not consider it a crime, and impunity would prove a stimulus even to them, if their just indignation should be pardoned. It must be understood, then, that when a man had been maliciously and willfully killed, a death inflicted by his relative in vengeance was not punished; because it was hard that a man should be capitally condemned as a criminal, who had only slain a murderer already exposed to capital punishment, under the impulse of that love towards his own blood, which is naturally implanted in all. This, however, was tolerated, and not approved of, because, as I have already said, punishments are to be inflicted by public judgment, and not by private will. But, since this indulgence was conceded on account of the people’s hardness of heart, God here reminds them how needful it was to provide an asylum for the innocent, because all murderers would else have been indiscriminately attacked. In short, a comparison is made between the guilty and the innocent, for, unless a just distinction had been drawn, all alike would have been exposed to death. The murderer, he says, is worthy of death, if, perchance, he is met by the kinsman of the man murdered. A remedy is, therefore, to be provided, lest one who is not criminal should accidentally receive the same punishment. Hence, at length it is gathered that a distinction is made between one and the other, by a lawful trial. The mode of procedure is also prescribed, viz., that the congregation should acquit the man who has killed another unwittingly. But because there is some perplexity in the words, it must be observed, that as soon as a person had slain another, he immediately betook himself to the place of refuge, and there declared that he sought shelter. After this declaration, it was open for the relatives of the dead man to lay their accusation, and then, after both parties were heard, judgment was pronounced. Otherwise there is a manifest contradiction in the context, since it is presently added; they “shall restore him to the city of his refuge, whither he was fled,” whence it appears that, after the exile had presented himself to state his case, and to clear himself, it was usual that a day should be appointed, upon which his accusers should come forward. The sum is, that the murderer should nowhere find refuge, except he were acquitted of his crime. This was an excellent precaution, lest the same punishment should be inflicted upon mischance and criminality, whilst ⁵⁶ at the same time, by the temporary banishment it was testified how carefully bloodshed was to be avoided. God likewise spared the eyes of those whose brother had been killed, lest their grief should be kept alive by continually beholding (the person who had killed him; ⁵⁷) and this we gather from verse 26, where impunity is conceded to the relations, if they had caught and killed out of the boundaries of his refuge the man, whose duty it was to withdraw himself; not because the fury of their indignation was excused before God, but because it would else have been difficult to restrain the strong desire of vengeance proceeding from the feelings of human nature.

Calvin: Num 35:28

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.

Calvin: Num 35:30

30.Whoso killeth any person, He now returns to willful murderers, whom he will not have spared, but yet not given over to punishment unless convicted by legal proofs. Literally it is, Whoso smiteth a soul, at the mouth of witnesses he shall slay him that slayeth: and this sentence is obscure, from its brevity, unless a noun be supplied before the second verb; and this may be understood either of the judges or the accuser. In the substance, however, there is no ambiguity, viz., that no one should be condemned unless he be lawfully convicted. Moreover, He declares that one witness would be insufficient, inasmuch as it would be most unjust that a man’s life should be at the mercy of a single tongue. I have already adduced a similar passage, ⁵⁸ in which Moses gave instructions that no capital causes was to be decided except at the mouth of two or three witnesses: and, because such declarations are of general application, I have purposely assigned to them a separate place. Now again, in referring to the condemnation of murderers, he takes occasion to state that two witnesses are required, since nothing is more likely to occur than that the innocent should be overwhelmed by calumnies and perjury, if it depended on the testimony of any single individual. But, when two are brought forward, it may be discovered in many ways, as has been said, whether there is any falsehood; for, if examined separately, they will scarcely accord in all particulars. But, whilst sure proof is required, in order to the punishment of guilt, so, when the murder is proved, God sternly requires, and commands that it should not remain unpunished. He expressly forbids that the right of refuge should be purchasable, since it would else have been in danger of being a shield for many crimes. When, therefore, He forbids a satisfaction to be taken from any one, who would betake himself to a city of refuge, His object is, that no one should enjoy this benefit, until his innocence was fully established; lest the mercy, whereby the innocent were succored, should be open to bribery.

Calvin: Num 35:33

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.

Defender: Num 35:11

Six cities of refuge out of the forty-eight assigned to the Levites (Num 35:6, Num 35:7), were designated to give those involved in unintentional manslaughter (as distinct from murder) refuge from an avenger."

Defender: Num 35:12

The "avenger" (Hebrew gaal, also translated "kinsman" or "redeemer") acted under the authority of Gen 9:6, seeking to avenge the death of a near kinsman (Heb 6:18)."

Defender: Num 35:30

At least two witnesses must testify in a capital crime, as a safeguard against one vindictive person causing the death of an innocent person. These would not necessarily have to be eye-witnesses. Rather they must at least be independent witnesses of circumstantial evidences relevant to the crime."

TSK: Num 35:8

possession : Gen 49:7; Exo 32:28, Exo 32:29; Deu 33:8-11; Jos 21:3

from them : Num 26:54, Num 33:54; Exo 16:18; 2Co 8:13, 2Co 8:14

he inheriteth : Heb. they inherit

TSK: Num 35:10

Num 34:2; Lev 14:34, Lev 25:2; Deu 12:9, Deu 19:1, Deu 19:2

TSK: Num 35:11

ye shall appoint : As the goel , or kinsman, had a right to avenge the death of his relation, by slaying the murderer wherever he found him, the appointment of these cities was a humane institution for the protection of the involuntary homicide; for they were designed only for the protection of such Num 35:6; Jos 20:2

unawares : Heb. by error, Num 35:22, Num 35:23; Exo 21:13; Deu 4:42, Deu 19:4, Deu 19:5

TSK: Num 35:12

from the avenger : Num 35:19, Num 35:25-27; Deu 19:6; Jos 20:3-6, Jos 20:9; 2Sa 14:7

until he stand : Num 35:24; Deu 19:11, Deu 19:12; Jos 20:4-6

TSK: Num 35:13

six cities : Num 35:6

TSK: Num 35:14

three cities : Deu 4:41-43, Deu 19:8-10; Jos 20:7-9

TSK: Num 35:15

Num 15:16; Exo 12:49; Lev 24:22; Rom 3:29; Gal 3:28

TSK: Num 35:16

if he smite : Num 35:22-24; Deu 19:11-13

the : Num 35:30-33; Gen 9:5, Gen 9:6; Exo 21:12-14; Lev 24:17

TSK: Num 35:17

throwing a stone : Heb. a stone of the hand, Exo 21:18

TSK: Num 35:19

Num 35:12, Num 35:21, Num 35:24, Num 35:27; Deu 19:6, Deu 19:12; Jos 20:3, Jos 20:5

TSK: Num 35:20

if he thrust : Gen 4:5, Gen 4:8; 2Sa 3:27, 2Sa 13:22, 2Sa 13:28, 2Sa 13:29, 2Sa 20:10; 1Ki 2:5, 1Ki 2:6, 1Ki 2:31-33; Pro 26:24; Pro 28:17; Luk 4:29

by laying : Exo 21:14; Deu 19:11; 1Sa 18:10, 1Sa 18:11, 1Sa 18:25, 1Sa 19:9-12, 1Sa 20:1, 1Sa 23:7-9, 1Sa 24:11; Psa 10:7-10, Psa 11:2, Psa 35:7, Psa 35:8, Psa 57:4-6; Pro 1:18, Pro 1:19; Mar 6:19, Mar 6:24-26; Act 20:3, Act 23:21

TSK: Num 35:22

Num 35:11; Exo 21:13; Deu 19:5; Jos 20:3, Jos 20:5

TSK: Num 35:24

Num 35:12; Jos 20:6

TSK: Num 35:25

abide in it : Num 35:28; Jos 20:6; Rom 3:24-26; Eph 2:16-18; Heb 4:14-16, Heb 7:25-28; Heb 9:12-15, Heb 10:19-22

anointed : Exo 29:7; Lev 4:3, Lev 8:12, Lev 21:10

TSK: Num 35:26

After the manslayer had been received into the city of refuge, the avenger of blood could only act as prosecutor; and the magistrates, in the presence of the people, were appointed to decide the cause according to the rules here laid down. Probably the accused person was tried at or near the place where the deceased had been slain, and where evidence could most easily be brought, and in case he was acquitted by the decision of the judges, and with the approbation of the people, he was conveyed back to the city of refuge, where he was protected as a kind of prisoner at large, till the death of the high priest; when the public loss, and the grief occasioned by it, might be supposed to swallow up all personal regrets and resentments, and then he was permitted to return to his house and estate. But if, in the mean while, he ventured to leave the city, and the avenger met him and slew him, he was supposed to merit his doom by thus neglecting the appointment of God for his preservation, and the avenger must not be punished. This shews that in other cases, if the avenger slew an innocent man on surmise, he was liable to the punishment of a murderer; but if, by the testimony of two credible witnesses, the man who had fled to the city of refuge was adjudged guilty, he must without fail be put to death.

TSK: Num 35:27

he shall not be guilty of blood : Heb. no blood shall be to him, Exo 22:2; Deu 19:6, Deu 19:10

TSK: Num 35:28

he should : Joh 15:4-6; Act 11:23, Act 27:31; Heb 3:14, Heb 6:4-8, Heb 10:26-30, Heb 10:39

after the death : Heb 9:11, Heb 9:12, Heb 9:15-17

TSK: Num 35:29

Num 27:1, Num 27:11

TSK: Num 35:30

Deu 17:6, Deu 17:7, Deu 19:15; Mat 18:16; Joh 8:17, Joh 8:18; 2Co 13:1; 1Ti 5:19; Heb 10:28; Rev 11:3

TSK: Num 35:31

Moreover : Gen 9:5, Gen 9:6; Exo 21:14; Deu 19:11-13; 2Sa 12:13; 1Ki 2:28-34; Psa 51:14

guilty of death : Heb. faulty to die

TSK: Num 35:32

Act 4:12; Gal 2:21, Gal 3:10-13, Gal 3:22; Rev 5:9; The region east of Jordan was nearly as long as that on the west, and therefore three cities were appointed in each division. One or other of these cities would be within half a day’ s journey of every part of the land; and as it would rarely happen that the avenger of blood would be on the spot, and none had a right to assault or detain the manslayer, at least if no malicious intention was manifest, the unhappy men would, therefore, get the start of their adversaries, and very few of them be overtaken before they gained the place of refuge. But then they must forsake their families, employments, most important interests, and dearest comforts; and they must neither loiter nor yield to weariness, nor regard difficulties, nor slacken their pace, till they had got safe within the walls of the city. The Jewish writers inform us, that to afford every facility to those who thus fled for their life, the road to these cities was always preserved in good repair; and way-posts, upon which was inscribed REFUGE were placed wherever needful, that they might not so much as hesitate for a moment.

TSK: Num 35:33

it defileth : Lev 18:25; Deu 21:1-8, Deu 21:23; 2Ki 23:26, 2Ki 24:4; Psa 106:28; Isa 26:21; Eze 22:24-27; Hos 4:2, Hos 4:3; Mic 4:11; Mat 23:31-35; Luk 11:50, Luk 11:51

the land cannot be cleansed : Heb. there can be no expiation for the land

TSK: Num 35:34

Defile not : Num 5:3; Lev 20:24-26

I dwell : Psa 135:21; Isa 57:15; Hos 9:3; 2Co 6:16, 2Co 6:17; Rev 21:3, Rev 21:27

dwell among : Num 5:3; Exo 25:8, Exo 29:45, Exo 29:46; 1Ki 6:13; Psa 132:14; Isa 8:12

Commentary -- Word/Phrase Notes (per Verse)

Barnes: Num 35:8

Nine cities were eventually given to the Levites from the large joint inheritance of Judah and Simeon; three were taken from the territory of Naphtali, and the other tribes gave each four apiece.

Barnes: Num 35:12

The avenger - Hebrew גאל gā'al , a term of which the original import is uncertain. The very obscurity of its etymology testifies to the antiquity of the office which it denotes. That office rested on the principle of Gen 9:6, "whoso sheddeth man’ s blood, by man shall his blood be shed."The unwritten code of the East conceded to the nearest kinsman of a murdered man the right of avenging the blood that had been shed. Such rude justice necessarily involved grave evils. It gave no opportunity to the person charged with crime of establishing is innocence; it recognized no distinction between murder, manslaughter, and accidental homicide; it perpetuated family blood-feuds, the avenger of blood being liable to be treated in his turn as a murderer by the kinsman of the man whom he had slain. These grievances could not be removed as long as there was no central government, but they might be mitigated; and to do this was the object of the institution in the text (compare Exo 21:13).

Among the Arab tribes, who are under the control of no central authority, the practice of blood-revenge subsists in full force to the present day.

The congregation - i. e. local court, consisting of the elders of the city Jos 20:4.

Barnes: Num 35:16-25

The sense is: Inasmuch as to take another man’ s life by any means whatsoever is murder, and exposes the murderer to the penalty of retaliation; so, if the deed is done in hostility, it is in truth actual murder, and the murderer shall be slain; but if it be not done in hostility, then the congregation shall interpose to stop the avenger’ s hand.

Num 35:19

When he meeteth him - Provided, of course, it were without a city of refuge.

Num 35:24

The case of the innocent slayer is here contemplated. In a doubtful case there would necessarily have to be a judicial decision as to the guilt or innocence of the person who claimed the right of asylum.

Num 35:25

The homicide was safe only within the walls of his city of refuge. He became a virtual exile from his home. The provisions here made serve to mark the gravity of the act of manslaughter, even when not premeditated; and the inconveniences attending on them fell, as is right and fair, upon him who committed the deed.

Unto the death of the high priest - The atoning death of the Saviour cast its shadow before on the statute-book of the Law and on the annals of Jewish history. The high priest, as the head and representative of the whole chosen family of sacerdotal mediators, as exclusively entrusted with some of the chief priestly functions, as alone privileged to make yearly atonement within the holy of holies, and to gain, from the mysterious Urim and Thummim, special revelations of the will of God, was, preeminently, a type of Christ. And thus the death of each successive high priest presignified that death of Christ by which the captives were to be freed, and the remembrance of transgressions made to cease.

Barnes: Num 35:30

By the mouth of witnesses - i. e. two witnesses, at the least (compare the marginal references). The provisions of this and the following verses protect the enactments of this chapter from abuse. The cities of refuge were not intended to exempt a criminal from deserved punishment.

Barnes: Num 35:31

No satisfaction - Rather, ransom (see Exo 21:30). The permission to demand pecuniary compensation for murders (expressly sanctioned by the Koran) undoubtedly mitigates, in practice, the system of private retaliation; but it does so by sacrificing the principle named in Num 35:12, Num 35:33.

Barnes: Num 35:34

For I the Lord dwell ... - An emphatic protest against all enactment or relaxation of laws by men for their own private convenience.

Poole: Num 35:8

Ye shall give many: compare Num 33:54 Jos 20:2 .

Poole: Num 35:11

i.e. Not wilfully, designedly, or maliciously, but inconsiderately, through mistake, or indiscretion, or carelessness. See Lev 4:2 .

Poole: Num 35:12

The avenger to wit, of the party slain, or, of blood , as it is fully expressed below, Num 35:19,25 ; 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 i.e. be not killed by the avenger meeting him in some other place.

Before the congregation 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 twenty-three, who were to examine the matter, and that publicly 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 in Jos 20:4 ; but if that trial and sentence did not satisfy the avenger of blood, it was fully and finally determined in the other city, as is sufficiently evident both by comparing this place with Num 35:25 Jos 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. In judgment , or, for judgment , i. e. to receive sentence there according to the nature of the fact.

Poole: Num 35:14

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.

Poole: Num 35:15

For the stranger not the proselyte only, but all strangers, this being no matter of religious privilege, but of common right, and agreeable to the law of nature and practice of wise heathens.

Poole: Num 35:16

If he smite him wittingly and wilfully, though not with premeditated malice or design, as appears by comparing this with Num 35:20-23 .

So that he die to wit, suddenly, not so if he walked abroad afterward, Exo 21:19,20 .

Shall surely be put to death yea, though he were fled into the city of refuge.

Poole: Num 35:17

With throwing a stone Heb. with the stone of the hand , i.e. cast by the hand, and that knowingly, as appears by Num 35:23 .

Poole: Num 35:19

Either,

1. By himself, as the following words show: so it is only a permission, that he may do it without offence to God or danger to himself. Or,

2. By the magistrate, from whom he shall demand justice: so it is a command, as may appear by comparing this with Num 35:31 Deu 19:12,13 .

Poole: Num 35:22

Suddenly through sudden passion or provocation. Or, by chance , or unawares .

Poole: Num 35:24

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

Poole: Num 35:25

He shall abide in it be confined to it, partly to show the hatefulness of wilful murder in God’ s 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 man-slayer, lest the presence of such a person, and his conversation among the kindred of the deceased, might occasion reproach and bloodshed.

Unto the death of the high priest partly because the public grief for the loss of so public a person was likely to assuage 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 show that the death of Christ (the true High Priest, whom the others did evidently and eminently represent and typify) is the only mean whereby sins are pardoned, and sinners are set at liberty.

Poole: Num 35:27

i.e. Not liable to punishment from men, though not free from guilt before God, because he kills an innocent person, as appears from Deu 19:10 . This God ordained to oblige the man-slayer to abide in his city of refuge. See Num 35:32 .

Poole: Num 35:30

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

Poole: Num 35:31

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

Poole: Num 35:32

Whereby God would signify the absolute and indispensable necessity of Christ’ s death to expiate sin, and to redeem the sinner.

Poole: Num 35:33

These words are added as a reason not of the last law, Num 35:32 , for in that case the land was cleansed without the blood of the man-slayer. but of the law next foregoing that, Num 35:31 , 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 yourselves involve your land and people in guilt, and will certainly bring down God’ s vengeance upon yourselves and them.

Poole: Num 35:34

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

Haydock: Num 35:12

Kinsman, the nearest relation, who was called the revenger of blood, (ver. 25, 27.; Haydock) or the redeemer, because it was his duty to see that justice was done to the deceased. When the person, who had involuntarily committed murder, arrived at the city, he was to make his appearance before the judges of it, and, if they thought his account satisfactory, they admitted him, but upon condition that he should take his trial before the judges and the people of that country where the murder had taken place, (ver. 25., and Josue xx. 4, 9.; Tirinus) though some think that the judges of the city of refuge, passed sentence. (Masius; &c.) ---

If it proved favourable, he was bound to remain in the city till the death of the high priest, otherwise the relations might kill him as an outlaw; as they might also if he was declared guilty. In case the murder were voluntary, the judges of the place where it was committed set to demand the criminal, Deuteronomy xix. 11.

Haydock: Num 35:18

If, &c. Hebrew, "or he smite him with a wooden weapon, (wherewith he may die,) and he die, he is a murderer: the murderer shall surely be put to death." The two former verses are expressed in the same awful manner, intimating that the weapon must be of such a nature that it might easily give a mortal wound, and also that the effect really followed. In these cases, if the person could not clear himself, no refuge or reprieve was allowed. (Haydock) ---

But the deceased must have been killed upon the spot, otherwise the person who struck him could only be required to pay a fine, Exodus xxi. 19. (Menochius)

Haydock: Num 35:19

Him, with impunity. If the judges have passed sentence, he shall be obliged to put it in execution, ver. 21, 31. (St. Augustine, q. 65.) (Estius) ---

The laws of Athens required also that a relation should put the murderer to death, though the deceased were even of servile condition. (Demost.) ---

Those of Rome condemned the involuntary manslayer to retire for a year, and afterwards to appease some one of the relations, and to offer the sacrifices, and submit to the usual purifications. Even at the present day, the Persians and Arabs deliver the murderer to be slain by the kinsmen of the deceased, after sentence has been passed by the judges.

Haydock: Num 35:21

Kill him. It seems, when the case was evident, he was not only permitted, but commanded to punish the criminal. (Bonfrere) (Deuteronomy xix. 12.) (Menochius)

Haydock: Num 35:25

Delivered. Hebrew, "the multitude shall deliver the slayer." It seems the judges pronounced sentence, according to the votes of the people assembled; (Calmet) or the plurality of voices among the 21 judges decided the matter. (Grotius) (Haydock) ---

High priest. This mystically signified that our deliverance was to be effected by the death of Christ, the high priest and the anointed of God. (Challoner) ---

He rescued us from the hand of the revenger, the devil. (Theodoret, q. 50, 51.) ---

Before his death, the way of our true country was not open, nor secure. (St. Gregory, hom 6. in Ezec.) (Worthington) ---

By this law, Moses shewed a horror for murder, and the respect due to the person of the high priest, during whose life even the involuntary murderer was obliged to keep himself retired in a city of refuge. (Masius) ---

At the death of the pontiff, all Israel put on mourning, so that private injuries were to be forgotten, when the public had such cause for sorrow; and in the mean time the vengeance of kinsmen would relent. (Maimonides; More. iii. 40.) ---

Murder was punished by the Greeks, in the days of Homer, with banishment, though sometimes this was remitted by the relations, for a sum of money. (Iliad ix.) (Calmet)

Haydock: Num 35:27

Him. Custom explained this law, as giving leave to any person to inflict the punishment upon the wandering murderer, though the relation seem only to be specified. (Grotius) ---

Some think, that to kill such a person was still criminal in the sight of God. But others believe that, as he had forfeited the privilege of an asylum, by absenting himself from it, (Calmet) the law subjected him to the same rigour with which he might have been treated before he came thither; (ver. 19.; Haydock) and provided proper moderation were observed, and malicious revenge avoided, no guilt would attach to him who executed the implied sentence of death. The Jews observe, that God allows us to revenge another sooner than ourselves, as there is less danger of excess or of delusion. (Calmet)

Haydock: Num 35:30

Man. A person might be tried on such evidence, Deuteronomy xix. 15.

Haydock: Num 35:32

Cities. Hebrew, "you shall take no money to retire to a city of refuge, to return into his own country, till the death of the priest." The Septuagint supply, "you shall take no redemption money, to permit (a voluntary murderer) to flee into a city of refuge, (nor of an involuntary one,) to return," &c. (Grotius) ---

The banished, may refer to people of the former description, who had gone away to screen themselves from persecution. But they could never be allowed to inhabit the country any more. Their presence would seem to defile it. (Haydock) ---

"You shall not take money of him who has fled to a city of refuge, to suffer him to return home." (Chaldean)

Haydock: Num 35:33

Defile not. To inspire a greater horror for murder the earth was represented as defiled by blood, and only to be purified by the death of the criminal. Without shedding of blood, there is no remission, Hebrews ix. 22. (Haydock) ---

On the same principle, our churches, &c., are deemed profane when murder, or some great indecencies, have been committed in them, so that they require a fresh consecration. (Calmet)

Gill: Num 35:8

And the cities which ye shall give shall be of the possession of the children of Israel,.... What shall fall by lot for their inheritance, and they shall be possessed of; and though they are, shall not refuse, nor grudge to give them, according to the direction of God, whose the land is, they holding it under him:

from them that have many ye shall give many, but from them that have few ye shall give few; which rule was observed; for out of Judah, whose lot was large, and out of Simeon, whose inheritance was within that of Judah, because it was so large, nine cities were given, whereas out of the other tribes only four cities out of each were given, and out of one of them but three, see Jos 21:1,

everyone shall give of his cities unto the Levites, according to his inheritance which he inheriteth; and the Levites, being thus dispersed among the several tribes, were of great advantage to them, to instruct them in the knowledge of divine things; so that though hereby Jacob's curse on this tribe had its fulfilment, that it should be divided in Jacob, and scattered in Israel, yet that became a blessing to the rest of the tribes; see Gen 49:7.

Gill: Num 35:9

And the Lord spake unto Moses,.... At the same time, or he continued his speech unto him:

saying: as follows.

Gill: Num 35:10

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

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

Gill: Num 35:11

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

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

Gill: Num 35:12

And they shall be unto you cities of refuge from the avenger,.... Or near kinsman; for as the right of redemption of an estate that was mortgaged belonged to such an one, so of revenging the blood of any one that was killed:

that the manslayer die not; by the hand of the avenger, who in the heat of his passion would, could he come at him, fall upon him, and slay him, to avenge the death of his relation on him:

until he stand before the congregation in judgment; before the court of judicature, to be examined, tried, and judged, whether the murder was committed knowingly and willingly, or whether through mistake and at unawares: this was done either before the court of judicature in the city of refuge, who took cognizance of such cases directly, that they might know whom to harbour and protect, and whom not; or before the court in the place where the act was committed: interpreters are divided about this; and Calmet ^l is of opinion that he was examined in both courts, first more strictly in the city of refuge, and then more slightly in the place where it was done, which is not improbable; however, this seems manifest from Num 35:25, that the court where it was committed had power to fetch him from the city of refuge, and set him before them, and examine into the case; and, if an innocent person, restored him to the city of refuge, whither he had fled.

Gill: Num 35:13

And of these cities which ye shall give,.... Of the forty eight cities they were to give to the Levites, Num 35:7,

six cities shall ye have for refuge; which, I think, makes it clear, that not all the forty eight cities were for refuge, only six of them.

Gill: Num 35:14

Ye shall give three cites on this side Jordan,.... Which were Bezer in the wilderness, out of the tribe of Reuben; and Ramoth in Gilead, out of the tribe of Gad; and Golan in Bashan, out of the tribe of Manasseh, Jos 20:8,

and three cities shall ye give in the land of Canaan: which were Kadesh in Galilee, in Mount Naphtali; Shechem in Mount Ephraim; and Kirjatharba, or Hebron, in the mountain of Judah, Jos 20:7.

which shall be cities of refuge; the three on the other side Jordan, the Jews say, were separated by Moses, and the three in the land of Canaan by Joshua, but not one of them was a refuge until they were all separated ^m: it may seem strange that there should be as many in the two tribes and a half on the other side Jordan, as in the nine tribes and a half in the land of Canaan; let it be observed, what the Jewish writers, say ⁿ, Moses separated three cities beyond Jordan, and opposite them Joshua separated three in the land of Canaan; and they were like two rows in a vineyard, Hebron in Judea was opposite Bezer in the wilderness; Shechem in Mount Ephraim was opposite Ramoth in Gilead; Kadesh in Mount Naphtali was opposite Golan in Bashan; and the three were so disposed, that there was as much space from the south (of the land of Israel) to Hebron as from Hebron to Shechem; and as much from Hebron to Shechem as from Shechem to Kadesh; and as much from Shechem to Kadesh as from Kadesh to the north beyond Jordan; and it should be known that the land of the tribes beyond Jordan extended in length as far as the land of Canaan, and was equal to it, running along it; so that those in the land of Canaan could soon and easily get over Jordan to the cities of refuge there, if there was occasion; besides, there is a direction given, that if their coast should be enlarged, they were to add three cities more in the land of Canaan, Deu 19:8, hence the Jews have a notion, that in the days of the Messiah those three cities will be added ^o; but the Messiah is come already, and is the antitype of them all.

Gill: Num 35:15

These six cities shall be a refuge both for the children of Israel and for the stranger,.... For an Israelite, and a proselyte of righteousness, one that embraced the Jewish religion, and in all things conformed to it, and to whom there was but one law in things civil and religious:

and for the sojourner among you; the proselyte of the gate, who renounced idolatry, and observed the commands of the sons of Noah, but in other things did not comply with the Jewish ceremonies, yet had the benefit of the cities of refuge equally with the other; though the Jews say ^p, such a proselyte or sojourner had only this privilege, who slew a proselyte, but not if he slew an Israelite; but for this distinction there is no foundation in the text:

that everyone that killeth any person unawares may flee thither; whether an Israelite, or a proselyte of righteousness or of the gate.

Gill: Num 35:16

And if he smite him with an instrument of iron, so that he die,.... As with an hatchet, hammer, sword, knife, &c.

he is a murderer; the instrument used by him, and with which he smote, shows that he had a bad design, and intended to kill, or he would never have smitten a man with such an instrument:

the murderer shall surely be put to death; be condemned to death, and be executed, by the order of the civil magistrate, according to the law in Gen 9:6 and not be allowed the benefit of a city of refuge.

Gill: Num 35:17

And if he smite him with throwing a stone,.... "Or with a stone of the hand" ^q, which the Jews interpret of a stone so big as to fill a man's hand, and so

wherewith he may die; at whom it is thrown; is sufficient to cause his death, if struck with it; so the Targum of Jonathan paraphrases it of a"stone of fulness of hands, which is sufficient that a man may die with it,''or be killed by it:

and he die; by the blow he receives from it, either immediately or in a short time after:

he is a murderer, and the murderer shall surely be put to death; as in the above case.

Gill: Num 35:18

Or if he smote him with an hand weapon of wood,.... A stick, or staff, or club:

wherewith he may die, and he die; which is sufficient to kill a man, as the same Targum explains it; and a man dies with the blow that is given him by it:

he is a murderer, and the murderer shall surely be put to death; no pardon given him, or the benefit of the city of refuge allowed him.

Gill: Num 35:19

The revenger of blood himself shall slay the murderer,.... Not only shall have power to do it, but, as it seems, should be obliged to do it; be the executioner of the murderer; but not before his case has been heard, examined, tried, and judged; wherefore the Targum of Jonathan adds,"in judgment,''that is, as Onkelos explains it,"when he is condemned by judgment,''the court of judicature:

when he meeteth him he shall slay him; the first opportunity he has, even though, as Jarchi says, if he meets him in the midst of one of the cities of refuge, and no judgment is passed on him.

Gill: Num 35:20

But if he thrust him of hatred,.... Or, "and if" ^r, since the Scripture is still speaking of such that shall die for murder, though in another instance, without having the privilege of a city of refuge; if he thrusts him with a sword or knife, or rather, since, if anything of that kind is included in the first instance of smiting with an instrument of iron, push him down from an high place, as Aben Ezra; so the men of Nazareth intended to have dispatched Christ in that way, Luk 4:29.

or hurl at him by lying in wait, that he die; as a bowing wall, as the same writer instances in, push down that upon him as he passes along, lying in wait for him; or throws anything at him, with an intention to kill him, and does; or casts down anything upon him, a large stone, or anything else, by which he dies.

Gill: Num 35:21

Or in enmity smite him with his hand, that he die,.... Give him a blow with his fist, on some part of his body where life is most in danger, and which issues in death:

he that smote him shall surely be put to death, for he is a murderer; and therefore, according to the original law, ought to die, without reprieve or pardon; and notwithstanding this law made for cities of refuge, which were to be denied him:

the revenger of blood shall slay the murderer when he meeteth him: that is, when he is condemned, as both the Targums of Onkelos and Jonathan interpret it, after a hearing and trial of his case.

Gill: Num 35:22

But if he thrust him suddenly, without enmity,.... Push him from a precipice, before he is aware, without any malicious design against his life, but merely through accident:

or have cast upon him anything; from the top of a house, or from a building he is pulling down, or pushes a bowing wall upon him, not knowing that he is passing by it:

and without lying of wait: or having contrived to do it, just as he goes along, or in any other similar way.

Gill: Num 35:23

Or with any stone wherewith a man may die,.... Which is sufficient to kill a man, if thrown at him:

seeing him not; and so without intention: the Jews ^s from hence gather, that a blind man is to be acquitted and dismissed, and not banished and so stands in no need of a city of refuge; though others say he is to be banished, and needs it, and ought to have the privilege of it:

and cast it upon him that he die; casting, it upon another account, and with another view, but yet falling upon a man, it kills him:

and was not his enemy, neither sought him harm; it was never known that they were at variance, or that the slayer had ever by any overt act discovered any malice and enmity against the deceased, by word or deed, or ever sought to do him any injury, either to his person or property.

Gill: Num 35:24

Then the congregation,.... That is, the court of judicature, assembled together to hear and try this cause:

shall judge between the slayer and the revenger of blood; shall hear what both have to say, and pass sentence:

according to these judgments; these judicial laws and rules of judgment before delivered, exemplified in various cases.

Gill: Num 35:25

And the congregation shall deliver the slayer out of the hand of the avenger of blood,.... Put him under the care of proper persons, to conduct him to one of the cities of refuge, or put him in the way to it; and restrain the avenger of blood from pursuing him, until such time that it may be judged he is safe arrived there:

and the congregation shall restore him to the city of refuge, whither he was fled; so that it seems by this, when one had been guilty of manslaughter, and fled to one of the cities of refuge, he might be taken from thence and had before a court of justice, and there take his trial; and if it appeared that the fact was committed by him, ignorantly, unawares, and without design, then he was returned to his city of refuge; but, if otherwise, he was put to death, notwithstanding he had fled thither; and so it is said in the Misnah ^t, that"at first, or formerly, one that killed another ignorantly or presumptuously, they sent him before to one of the cities of refuge, and the sanhedrim sent and fetched him from thence: he who was condemned to death by the court, they slew him; he that was not condemned was dismissed; he that was condemned to banishment they returned him to his place, according to Num 35:25."

and he shall abide in it, unto the death of the high priest, which was anointed with the holy oil: and then he was to be set at liberty, and return to his house and family and have his former possessions and honours, if he had any, restored unto him, the commission or warrant for his detainer there ceasing, being made void by the death of the high priest; who was the prince of the priests and Levites, to whom those cities belonged, and so under his jurisdiction: or so it was ordered, because such was the general mourning for such a public loss as an high priest, that all private revenges would subside, and the cause of them be buried, in grief and forgetfulness; though, no doubt, this had a respect to something which will be hereafter taken notice of: the Jews say ^u, that the mothers of the priests used to supply with a sufficient quantity of food and raiment such who fled to the cities of refuge, that they might not pray for the death of their sons; and according to them, a man's case was very bad when there was no high priest; for so they write ^w"he whose cause is finished (or his case determined in a court of judicature), and there is no high priest; and he that slays an high priest, or an high priest slays another, he never goes out, no not so much as to bear testimony in any cause, and even in what the congregation has need of him, but there are his dwelling, his death, and his burial.''

Gill: Num 35:26

But if the slayer shall at any time come without the border of the city of his refuge,.... Which seems to be the three thousand cubits assigned to every city of the Levites, and so to the cities of refuge; and which, according to the Jewish writers, were a refuge, as the city itself; and it is said ^x,"he, that kills a man there, is killed for him, but though the border is a refuge, the slayer does not dwell in it, as it is said. Num 35:25, "he shall abide in it", but not in its borders:"

whither he was fled; on account of manslaughter.

Gill: Num 35:27

And the revenger of blood find him without the borders of the city of his refuge,.... Without the suburbs, fields, and vineyards belonging to it:

and the revenger of blood kill the slayer; being exasperated against him, and to avenge the blood of his relation on him:

he shall not be guilty of blood; or be reckoned murderer, or die for it.

Gill: Num 35:28

Because he should have remained in the city of his refuge until the death of the high priest,.... Nothing could give him his liberty but his death; so that though this was a merciful provision made in such cases for such persons, and was a considerable benefit and privilege, yet it carried in it some appearance of a punishment; since such a person was confined within the boundaries of one of the cities of refuge as long as the high priest lived; and this was done to make persons cautious how they were any way accessory to the death of another, though without design:

but after the death of the high priest the slayer shall return into the land of his possession; to that part of the land, and to that tribe to which he belonged, to his house and family, and to his possessions and inheritances, whatever he had, and to all the honours and privileges he before enjoyed, and under no danger from the avenger of blood henceforward: a custom somewhat like this has prevailed in some parts of Africa, as Leo Africanus ^y relates, that if a man happened to kill another, all the friends of the deceased conspired to kill him, but if they could not effect it, then the guilty person was proclaimed an exile from the city, for the whole space of seven years; and at the expiration of the whole seven years, when he returned from his exile, the chief men of the city invited him to a feast, and so he was restored to his liberty: temples, groves, altars, and statues, were common among other nations for asylums or refuges, but whole cities very rarely with the ancients; it seems there were some ^z.

Gill: Num 35:29

So these things shall be for a statute of judgment unto you,.... A judicial law, according to which they were to proceed in all the above cases:

throughout your generations in all your dwellings; throughout all ages, as long as they dwelt in the land of Canaan, even unto the times of the Messiah, in whom the things figured hereby had their accomplishment: the cities of refuge were types of Christ: hence a divine person, even the Messiah, is often spoken of as the refuge of his people, Psa 9:9 with which compare Heb 6:18 these were places to flee to, as the word is rendered by the Greek version; to Christ sensible sinners flee for shelter and safety, which supposes danger in themselves from the law and justice of God; a sense of that danger which makes them flee from wrath to come; a view of Christ, as a place of refuge, and that no other but he will serve their purpose, and therefore make all the haste and speed they can unto him. The word properly signifies cities of gathering, or of reception. There was a gathering of the elect of God to Christ at his death; and there is another at effectual calling, which is an act of God's grace, and a distinguishing one, when souls gather to Christ as their Saviour for righteousness, peace, pardon, rest, and everlasting life; and when Christ receives them, though sinners, into his arms, and into his heart, and into open fellowship with him, so as to dwell in him, where they dwell pleasantly and safely; he receives them into his house here, and into heaven hereafter; and by, and in Christ, those that flee to him, and are received by him, are retained and preserved from Satan, law, hell and death. The cities of refuge were of God's appointing; so Christ, as a Saviour, and rock of refuge to his people, is appointed and foreordained of God; they were well known for refuges, as the Lord is in the places of Zion; they were open for all, at all times, as Christ is for all sinners, even the chief of sinners, Jews or Gentiles; they are all one in Christ, the Israelite, and the stranger and sojourner; all impediments were removed out of the way of them, and plain directions to them given, as are in the Gospel, and by the ministers of it; and there is always room in Christ for such that flee to him, as there was in those cities; and being in him, they are safe from the curse and condemnation of the law, from wrath to come, and from the second death; and their redemption and atonement, peace and reconciliation, liberty, life and salvation, are owing to the death of Christ, their high priest. Abendana ^a observes, that the death of the high priest atoned for the offence (of manslaughter), which was the reason the manslayer continued in the city of refuge till his death, and then was released: however, certain it is, that the death of Christ, our high priest, atones for every sin of those that flee to him, and by which they are reconciled to God. In some things there is a difference between these cities of refuge and Christ; they were six, he but one; they were for such only who shed blood ignorantly, he for such that were enemies to him, and lived in malice towards others, and guilty of the most enormous crimes: to be in these cities of refuge was a kind of exile and imprisonment, but they that are in Christ are freemen; it was possible that such might die that were in them, and at most were only delivered from temporal death, but they that flee to Christ for refuge are saved with an everlasting salvation.

Gill: Num 35:30

Whoso killeth any person,.... Willingly, and through enmity and malice:

the murderer shall be put to death by the mouth of two witnesses; which is repeated partly to show, that this law concerning the cities of refuge was not designed to screen a murderer, who was guilty through malice prepense; and partly for the sake of what is added to it, that two witnesses are required in such a case, where a man's life is at stake, to prove the fact against him; which shows how careful the Lord is, and men should be, of the lives of his creatures, that no man suffer wrongfully; which is repeated again and again, that it might be observed, see Deu 17:6 but one witness shall not testify against any person, to cause him to die; which looks as if in other cases, in pecuniary matters, and the like, where life is not concerned, one witness may be sufficient; though it is always best and safest to have more if they can be had, that at the mouth of two or three witnesses everything may be established, Deu 19:15.

Gill: Num 35:31

Moreover, ye shall take no satisfaction for the life of a murderer,.... Though he would give all his wealth and substance, all his estates and possessions, and whatever he is worth in the world; for all that a man has he will give for his life; but these are not to be taken, nor anything, and everything his friends may offer for him; all is to be rejected, the life of such a man is not to be saved on any consideration:

which is guilty of death; as he is who kills a man willingly and purposely; but one may be guilty of killing another, and yet not be deserving of death, when it is done ignorantly and accidentally with respect to him, for which reason this clause is added: but he shall be surely put to death; by the order of the civil magistrate; and if this is not done either through want of evidence, or the fault of the judge, or the criminal clemency of the chief governor, God sooner or later will take vengeance on such a person.

Gill: Num 35:32

Moreover, ye shall take no satisfaction for him that is fled to the city of his refuge,.... Though for killing a man unawares:

that he should come again to dwell in the land, until the death of the priest; the high priest; such a man's liberty was not to be purchased with money, nor even his life to be bought off, should he be taken without his city; a great ransom could not deliver him from the avenger, because he was guilty of this law, which so wisely and mercifully provided for him; and consequently guilty also of great ingratitude to God, as well as of a breach of his law, and of disrespect to his high priest, under whom he was protected.

Gill: Num 35:33

So ye shall not pollute the land wherein ye are,.... The land of Canaan, as it had been by the old inhabitants of it, by idolatry, adultery, and murder:

for blood it defileth the land: the shedding of innocent blood defiles a nation, and the inhabitants of it, brings guilt thereon, and subjects to punishment:

and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it; or "there can be no expiation" ^b, or "atonement made" for it in any other way; the blood of the murderer is required at his hands, and nothing short of it will satisfy law and justice, see Gen 9:6.

Gill: Num 35:34

Defile not therefore the land which ye shall inherit,.... By the commission of such atrocious crimes, or suffering them to go unpunished, or by taking a compensation for the life of the guilty person:

wherein I dwell; which is added to strengthen the exhortation, and as giving a reason why care should be taken not to pollute it, because the Holy God dwells there; as he did in the tabernacle erected for him, and in such a peculiar manner as he did not in other lands:

for I the Lord dwell among the children of Israel; he now dwelt among them as their God, and their King; his tent or tabernacle being pitched in the midst of the camps of Israel; and so he would continue to dwell among them when they were come to the land of Canaan, so long as they observed his laws, statutes, and ordinances; and therefore it behoved them to be careful that they did not pollute themselves and their land, and cause him to depart from them.

Commentary -- Verse Notes / Footnotes

NET Notes: Num 35:10

¹ tn The word “River” is not in the Hebrew text, but has been supplied in the translation for clarity.

NET Notes: Num 35:16

¹ tn the verb is the preterite of “die.” The sentence has :“if…he strikes him and he dies.” The vav (ו) consecutive is showing the natural result of the blow.

NET Notes: Num 35:19

¹ tn The participle גֹּאֵל (go’el) is the one who protects the family by seeking vengeance for a crime. This is the same verb used for levirate marriages and other related customs.

NET Notes: Num 35:20

¹ tn The Hebrew text is more vivid: “by lying in wait.”

NET Notes: Num 35:25

¹ tn Heb “in it.”

NET Notes: Num 35:28

¹ tn Heb “he.”

NET Notes: Num 35:29

¹ tn Heb “a statute of judgment” (so KJV).

NET Notes: Num 35:30

¹ tn Heb “ at the mouth of”; the metonymy stresses it is at their report.

² tn The verb should be given the nuance of imperfect of potentiality.

NET Notes: Num 35:32

¹ tn Heb “the priest.” The Greek and the Syriac have “high priest.” The present translation, along with many English versions, uses “high priest” as a clarification.

Geneva Bible: Num 35:12

And they shall be unto you cities for refuge from the ^{( d )} avenger; that the manslayer die not, until he stand before the congregation in judgment.

^{( d )} Meaning, from the next of the kindred, who ought to pursue the cause.

Geneva Bible: Num 35:14

Ye shall give three cities ^{( e )} on this side Jordan, and three cities shall ye give in the land of Canaan, [which] shall be cities of refuge.

^{( e )} Among the Reubenites, Gadites, and half the tribe of Manasseh, (Deu 4:41).

Geneva Bible: Num 35:16

And if he ^{( f )} smite him with an instrument of iron, so that he die, he [is] a murderer: the murderer shall surely be put to death.

^{( f )} Wittingly, and willingly.

Geneva Bible: Num 35:17

And if he smite him with throwing a ^{( g )} stone, wherewith he may die, and he die, he [is] a murderer: the murderer shall surely be put to death.

^{( g )} That is, with a big and dangerous stone: in Hebrew, with a stone of his hand.

Geneva Bible: Num 35:24

Then the congregation shall judge between the slayer and the ^{( h )} revenger of blood according to these judgments:

^{( h )} That is, his next kinsman.

Geneva Bible: Num 35:25

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 ^{( i )} high priest, which was anointed with the holy oil.

^{( i )} Under this figure is declared, that our sins could not be remitted, but by the death of the high Priest Jesus Christ.

Geneva Bible: Num 35:27

And the revenger of blood find him without the borders of the city of his refuge, and the revenger of blood kill the ^{( k )} slayer; he shall not be guilty of blood:

^{( k )} By the sentence of the judge.

Geneva Bible: Num 35:29

So these [things] shall be for a ^{( l )} statute of judgment unto you throughout your generations in all your dwellings.

^{( l )} A law to judge murders done either on purpose, or accidentally.

Geneva Bible: Num 35:31

Moreover ye shall take no satisfaction for the life of a murderer, which [is] ^{( m )} guilty of death: but he shall be surely put to death.

^{( m )} Who purposely committed murder.

Geneva Bible: Num 35:33

So ye shall not pollute the land wherein ye [are]: for blood it defileth the land: and the land cannot be ^{( n )} cleansed of the blood that is shed therein, but by the blood of him that shed it.

^{( n )} So God is mindful of the blood wrongfully shed, that he makes his dumb creatures demand vengeance of it.

Commentary -- Verse Range Notes

TSK Synopsis: Num 35:1-34

1 Eight and forty cities for the Levites, with their suburbs, and measure thereof.

6 Six of them are to be cities of refuge.

9 The laws of murder and manslaughter.

31 No satisfaction for murder.

MHCC: Num 35:1-8

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, Gal 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.

MHCC: Num 35:9-34

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.

Matthew Henry: Num 35:1-8

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, Num 35:2. 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 (Num 35:3), 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, Num 35:4, Num 35:5. 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, Num 35:8. 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, Deu 33:10, They shall teach Jacob thy judgments. Jacob's curse on Levi's anger was, I will scatter them in Israel, Gen 49:7. 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, Jos. 21. 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 6:6.

Matthew Henry: Num 35:9-34

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

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

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

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

II. Here is a great deal of good gospel couched under the type and figure of the cities of refuge; and to them the apostle seems to allude when he speaks of our fleeing for refuge to the hope set before is (Heb 6:18), and being found in Christ, Phi 3:9. We never read in the history of the Old Testament of any use made of these cities of refuge, any more than of other such institutions, which yet, no doubt, were made use of upon the occasions intended; only we read of those that, in dangerous cases, took hold of the horns of the altar (1Ki 1:50; 1Ki 2:28); for the altar, wherever that stood, was, as it were the capital city of refuge. But the law concerning these cities was designed both to raise and to encourage the expectations of those who looked for redemption in Israel, which should be to those who were convinced of sin, and in terror by reason of it, as the cities of refuge were to the man-slayer. Observe, 1. There were several cities of refuge, and they were so appointed in several parts of the country that the man-slayer, wherever he dwelt in the land of Israel, might in half a day reach one or other of them; so, though there is but one Christ appointed for our refuge, yet, wherever we are, he is a refuge at hand, a very present help, for the word is nigh us and Christ in the word. 2. The man-slayer was safe in any of these cities; so in Christ believers that flee to him, and rest in him, are protected from the wrath of God and the curse of the law. There is no condemnation to those that are in Christ Jesus, Rom 8:1. Who shall condemn those that are thus sheltered? 3. They were all Levites' cities; it was a kindness to the poor prisoner that though he might not go up to the place where the ark was, yet he was in the midst of Levites, who would teach him the good knowledge of the Lord, and instruct him how to improve the providence he was now under. It might also be expected that the Levites would comfort and encourage him, and bid him welcome; so it is the work of gospel ministers to bid poor sinners welcome to Christ, and to assist and counsel those that through grace are in him. 4. Even strangers and sojourners, though they were not native Israelites, might take the benefit of these cities of refuge, Num 35:15. So in Christ Jesus no difference in made between Greek and Jew; even the sons of the stranger that by faith flee to Christ shall be safe in him. 5. Even the suburbs or borders of the city were a sufficient security to the offender, Num 35:26, Num 35:27. 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.

Keil-Delitzsch: 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).

Keil-Delitzsch: 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.

Keil-Delitzsch: 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.

Keil-Delitzsch: 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 ).

Keil-Delitzsch: 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.

Keil-Delitzsch: 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 ."

Keil-Delitzsch: 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.

Keil-Delitzsch: 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."

Keil-Delitzsch: 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.

(Note: 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 his Ztschr. 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.

Keil-Delitzsch: 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.

Keil-Delitzsch: 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.).

Constable: Num 26:1--36:13

II. Prospects of the younger generation in the land chs. 26--36

The focus of Numbers now changes from the older unbelieving generation of Israelites doomed to die in the wilderness to the younger generation that would enter the Promised Land.

"The parallels and contrasts between this narrative and the book of Ruth suggest that both texts are dealing with similar ideas. In fact, the picture of Ruth provides an excellent counterexample [sic] to that of the men of Israel in this episode. Ruth the Moabitess married an Israelite man and forsook her nation's gods to follow the Lord. For this she was given an inheritance in Israel. In this respect she is also like the daughters of Zelophehad in the next chapters of Numbers who also gained an inheritance among the men of Israel (Nu 27:1-11)."²⁴⁸

Constable: Num 33:1--36:13

B. Warning and encouragement of the younger generation chs. 33-36

God gave the final laws governing Israel's entrance into the Promised Land (33:50-36:13). However first Moses recorded at God's command this list of places from which the Israelites had set out on their journey from Egypt to Canaan.²⁷⁴ This list constitutes a memorial to the grace and faithfulness of God in thus far fulfilling His promises to the patriarchs. As a reminder of God's care of His people, it would have been a great encouragement as the Israelites looked forward to taking their final step into the land.

Constable: Num 33:50--Deu 1:1

2. Anticipation of the Promised Land 33:50-36:13

"The section breaks down into two groups of three laws each, carefully introduced by the clause and Yahweh spoke to Moses' (. . ., 33:50; 34:1, 16; 35:1, 9; cf. 36:6) and surrounded by the phrase on the plains of Moab by the Jordan at Jericho' (. . ., 33:50; 35:1; 36:13)."²⁸²

Constable: Num 35:1-8

Levitical cities 35:1-8

The previous chapter dealt with the general borders of the land and its tribal boundaries. This one gives regulations concerning special towns in the land.²⁸⁵

According to the plan of revelation established previously in Numbers, directions regarding the Levites follow directions regarding the other tribes (cf. 1:1-46 and 47-54; ch. 2 and 3:1-49; 26:1-56 and 57-62).

The Levites received four towns for each of the 12 tribes. However there were more Levitical towns in the larger tribes and fewer in the smaller tribes. The writer of the Book of Joshua identified these towns in Joshua 21.²⁸⁶ Very few Israelites lived more than 10 miles from a Levitical town. God provided so that the Levites, whose responsibilities included the teaching and counseling of the other Israelites in the law, would not live far from anyone in Israel.²⁸⁷

The pasture lands provided the Levites with a small agricultural income, but they received most of their support from the tithes and offerings of God's people.

Constable: Num 35:9-34

Cities of refuge 35:9-34

Six of these Levitical towns were also cities of refuge.

The appointment of cities of refuge was a divine provision for the safety of a killer who was not guilty of premeditated murder (cf. Deut. 19:1-13; Josh. 20:1-9). God had told the Israelites not to murder (Exod. 20:13). The right and duty of man to execute murderers were ancient (Gen. 4:15; 9:5-6). Ancient Near Easterners practiced it widely as part of the law of retaliation. The Mosaic Law regarding the cities of refuge regulated this practice of retaliating in harmony with God's will.

Three of the cities stood west of the Jordan (Hebron, Shechem, and Kedesh), and three east (Bezer, Ramoth-gilead, and Golan; Deut. 4:43; Josh. 20:7-8; 21:13, 21, 27, 32, 36, 38).

A manslayer (i.e., an unintentional murderer) could find refuge in one of these cities, but a murderer (one who premeditated his act) could not. The next of kin to the victim (the blood avenger, v. 19) was not just free to kill the murderer, but he had an obligation to do so (vv. 19, 21). This was the duty of the next of kin. Moses called him the "avenger of blood."

When a manslayer fled to a city of refuge, the residents of that city would determine if the guilty person was a murderer or a manslayer. The residents were mainly Levites since the cities of refuge were Levitical cities. If they judged him to be a murderer, the residents would turn him over to the avenger of blood who would kill him. If he was a manslayer, he would have to live in the city of refuge until the high priest died. He could not leave the city. It became his prison. If he left the city, he would be sinning. In this case the avenger of blood could hunt him down and kill him for his double offense of manslaughter and leaving his city of refuge.

"The sanctity of human life is clear both from the fact of capital punishment as the only suitable punishment for murder (Gen. 9:5-9) and, on the other hand, from the prohibition against enacting the death penalty in cases where premeditation cannot be proved. To execute the innocent is as evil in God's sight as to exonerate the guilty."²⁸⁸

The death of the high priest atoned for the sins of manslayers. The death of the high priest had atoning value. Consequently after the high priest died, the manslayer was free to go home. However, until the high priest died, his act of killing another human being, even though it was unintentional, rendered him guilty before God.

"His death may have been understood as fulfilling the principle that shed human blood can only be expiated by shed human blood (Gen. 9:6). In this case, the high priest's death was on behalf of the killer, much as the priest offers sacrifices on behalf of the people elsewhere."²⁸⁹

God required at least two witnesses to give testimony before anyone in Israel suffered execution as a murderer.²⁹⁰

In some cases of law-breaking the guilty party could pay for his redemption. He could substitute a payment of money that the priest took as a covering for his sin. However, God did not permit this in the case of murderers or manslayers. The reason for this was that "blood pollutes the land" (v. 33). That is, these crimes brought uncleanness on the land because they involved death. The land was to be clean in this sense because the Lord dwelt in it among His people (v. 34). Canaan was not just the Promised Land. It was to be the Holy Land as well.

These regulations underscore again the uniqueness and value of human life. We see this both in the consequences for killing another person and in the safeguards granted the killer. The basic human rights of people are extremely important to God.

Guzik: Num 35:1-34

Numbers 35 - Levitical Cities, Cities of Refuge

A. Appointment of the Levitical cities.

1. (1-3) The command to provide cities and command-lands for the Levites.

And the LORD spoke to Moses in the plains of Moab by the Jordan across from Jericho, saying: "Command the children of Israel that they give the Levites cities to dwell in from the inheritance of their possession, and you shall also give the Levites common-land around the cities. They shall have the cities to dwell in; and their common-land shall be for their cattle, for their herds, and for all their animals."

a. Command the children of Israel that they give the Levites cities to dwell in: The tribe of Levi had no "state" or "province" within Israel. Their inheritance was to be the LORD alone: Then the LORD said to Aaron: You shall have no inheritance in their land, nor shall you have any portion among them; I am your portion and your inheritance among the children of Israel. (Numbers 18:20)

b. They shall have cities to dwell in: Yet, the Levites had to live somewhere. God commanded that each tribe give cities to the Levites, so that the Levites would be sprinkled throughout the whole nation.

c. And their common-land shall: The Levites were to be given more than just the cities; around each city, they were to be given common-land - land suitable for the grazing of their animals and for small-scale farming.

2. (4-5) Measuring the common-land around each city.

The common-land of the cities which you shall give the Levites shall extend from the wall of the city outward a thousand cubits all around. And you shall measure outside the city on the east side two thousand cubits, on the south side two thousand cubits, on the west side two thousand cubits, and on the north side two thousand cubits. The city shall be in the middle. This shall belong to them as common-land for the cities.

3. (6-8) The number of Levitical cities and their distribution.

Now among the cities which you will give to the Levites you shall appoint six cities of refuge, to which a manslayer may flee. And to these you shall add forty-two cities. So all the cities you will give to the Levites shall be forty-eight; these you shall give with their common-land. And the cities which you will give shall be from the possession of the children of Israel; from the larger tribe you shall give many, from the smaller you shall give few. Each shall give some of its cities to the Levites, in proportion to the inheritance that each receives.

a. Among the cities of which you will give to the Levites: There were to be a total of 48 Levitical cities; six cities of refuge, and 42 additional cities.

b. From the larger tribe you shall give many, from the smaller you shall give few: The cities were to be distributed proportionally through the nation, so that where there were larger populations and larger areas of land, there would be more Levitical cities, so that no one in Israel would be far from a city of refuge.

c. In proportion to the inheritance that each receives: This reflects God's desire to evenly distribute the Levites - who were to be the most spiritually focused Israelites - the full-time ministers, so to speak - evenly throughout Israel, so their influence could be distributed throughout the whole nation.

i. This shows the wisdom of God in not making a Levitical state that others would have to go to. God intended that these ministers go out among the people, to influence them for the LORD.

ii. In the same way, God does not intend that there be a Christian country or state where all the Christians live together in spiritual bliss, and simply say to the world, "come and join us if you want." Instead, God wants Christians to be sprinkled throughout the whole world, influencing people for Jesus Christ.

B. Cities of refuge.

1. (9-12) The purpose of the cities of refuge.

Then the LORD spoke to Moses, saying, "Speak to the children of Israel, and say to them: 'When you cross the Jordan into the land of Canaan, then you shall appoint cities to be cities of refuge for you, that the manslayer who kills any person accidentally may flee there. They shall be cities of refuge for you from the avenger, that the manslayer may not die until he stands before the congregation in judgment.'"

a. That the manslayer who kills any person accidentally may flee there: In the ancient culture of Israel, it was not left entirely up to the government to avenge a murder. Each extended family had a recognized avenger who would ensure that one who murdered a family member would likewise be killed.

i. This practice was based upon a correct understanding of Genesis 9:6: Whoever shed's man's blood, by man his blood shall be shed; for in the image of God, God made man.

b. Who kills any person accidentally: This, if properly understood and applied, could be an effective deterrent to murder and not a bad institution. Yet, the system had a fatal weakness: What if a death was accidental, yet difficult to prove that it was accidental?

i. We can picture the situation easily: Two men work together, chopping down trees, when one man swings an ax and the ax head flies off, striking the other man in the head and instantly killing him. The surviving man had good reason to believe the avenger of blood from the dead man's family would track him down and kill him, believing the death was murder.

ii. Therefore, such a man could flee to a city of refuge - an appointed Levitical city, where he could stay, safe from the avenger of blood, until the issue was settled and he could leave the city of refuge safely.

2. (13-14) The placement of the cities of refuge.

And of the cities which you give, you shall have six cities of refuge. You shall appoint three cities on this side of the Jordan, and three cities you shall appoint in the land of Canaan, which will be cities of refuge.

a. You shall have six cities of refuge: There were to be six cities of refuge, with three on each side of the Jordan River. Each of the three cities on either side would be positioned as north, central, and south.

i. Joshua 20:7-8 records the actual choice of the cities. They fulfilled the plan of being evenly distributed perfectly. Deuteronomy 19:3 also tells us that proper roads were to be built and maintained to these cities of refuge. A city of refuge was no good to the slayer if they could not get there quickly.

b. Which will be cities of refuge: This meant that the cities were close to all; no one was very far from a city of refuge. This was obviously important when the avenger of blood chased you.

3. (15) The people eligible for protection in the cities of refuge.

These six cities shall be for refuge for the children of Israel, for the stranger, and for the sojourner among them, that anyone who kills a person accidentally may flee there.

a. That anyone who kills a person accidentally may flee there: Anyone - a stranger or a citizen of Israel - anyone who needed to find protection in the cities of refuge could. Their protection was not limited to the children of Israel.

4. (16-21) How to judge if a death was truly murder.

But if he strikes him with an iron implement, so that he dies, he is a murderer; the murderer shall surely be put to death. And if he strikes him with a stone in the hand, by which one could die, and he does die, he is a murderer; the murderer shall surely be put to death. Or if he strikes him with a wooden hand weapon, by which one could die, and he does die, he is a murderer; the murderer shall surely be put to death. The avenger of blood himself shall put the murderer to death; when he meets him, he shall put him to death. If he pushes him out of hatred or, while lying in wait, hurls something at him so that he dies, or in enmity he strikes him with his hand so that he dies, the one who struck him shall surely be put to death. He is a murderer. The avenger of blood shall put the murderer to death when he meets him.

a. He is a murderer; the murderer shall surely be put to death: Significantly, the Bible makes the clear distinction between killing and murder. All murder is killing; but not all killing is murder. Society needs laws to establish the principles that decide a death to be either an unfortunate killing or true murder.

b. If he strikes him with an iron implement: Murder could be judged depending on the weapon used; if it was an iron implement (likely to kill), or if it were a stone or a wooden hand weapon, by which one could die, then the killer could be found guilty of murder.

c. If he pushes him out of hatred or, while lying in wait, hurls something at him so that he dies: Murder could also be judged by discerning the state of heart and presence of premeditation in the killer. If the killing happens while lying in wait or if the killer strikes in enmity, murder can be judged.

5. (22-24) How to judge if a death was truly manslaughter.

However, if he pushes him suddenly without enmity, or throws anything at him without lying in wait, or uses a stone, by which a man could die, throwing it at him without seeing him, so that he dies, while he was not his enemy or seeking his harm, then the congregation shall judge between the manslayer and the avenger of blood according to these judgments.

a. If he pushes him suddenly without enmity: If there was the absence of murderous intent, or the absence of premeditation, or if the death was clearly accidental, then the man was not guilty of murder and could not be turned over to the avenger of blood.

b. So the congregation shall judge between the manslayer and the avenger of blood according to these judgments: Both sides of the story had to be taken into account. Judgment was not to be made on the basis merely any one side's story.

6. (25-28) If the killer is determined to be innocent of murder.

So the congregation shall deliver the manslayer from the hand of the avenger of blood, and the congregation shall return him to the city of refuge where he had fled, and he shall remain there until the death of the high priest who was anointed with the holy oil. But if the manslayer at any time goes outside the limits of the city of refuge where he fled, and the avenger of blood finds him outside the limits of his city of refuge, and the avenger of blood kills the manslayer, he shall not be guilty of blood, because he should have remained in his city of refuge until the death of the high priest. But after the death of the high priest the manslayer may return to the land of his possession.

a. So the congregation shall deliver the manslayer from the hand of the avenger of blood: Having been judged innocent of murder, the manslayer could live in peace and safety - but only within the walls of the city of refuge.

i. Significantly, someone who killed another - but was innocent of murder - still had their life profoundly affected. They had to move from their city, and presumably their family as well, and had to live the rest of their lives in that city of refuge. The tragedy also affected their life.

b. He shall remain there until the death of the high priest: The only thing that could set the man free from the city of refuge was the death of the high priest; at the death of the high priest, the avenger of blood no longer had any rights over the man in the city of refuge.

c. But if the manslayer at any time goes outside the limits of the city of refuge where he fled: Until the time of the high priest's death, if the man who sought protection in the city of refuge wandered outside the walls of the city, he was fair game for the avenger of blood - only within his place of refuge was he safe.

7. The cities of refuge as a picture of Jesus.

a. The Bible applies this picture of the city of refuge to the believer finding refuge in God on more than one occasion:

i. Psalm 46:1, says God is our refuge and strength, a very present help in trouble. More than 15 other times, the Psalms speak of God as being our refuge.

ii. Hebrews 6:18 says, That by two immutable things, in which it is impossible for God to lie, we might have strong consolation, who have fled for refuge to lay hold of the hope set before us. We can flee to Jesus for refuge!

b. Both Jesus and the cities of refuge are within easy reach of the needy person; they were of no use unless someone could get to the place of refuge.

c. Both Jesus and the cities of refuge are open to all, not just the Israelite; no one needs to fear that they would be turned away from their place of refuge in their time of need.

d. Both Jesus and the cities of refuge became a place where the one in need would live; you didn't come to a city of refuge in time of need just to look around.

e. Both Jesus and the cities of refuge are the only alternative for the one in need; without this specific protection, they will be destroyed.

f. Both Jesus and the cities of refuge provide protection only within their boundaries; to go outside meant death.

g. With both Jesus and the cities of refuge, full freedom comes with the death of the High Priest.

h. A crucial distinction: The cities of refuge only helped the innocent; the guilty can come to Jesus and find refuge.

C. Laws regarding murder.

1. (29-30) Two witnesses are required before the punishment for murder.

And these things shall be a statute of judgment to you throughout your generations in all your dwellings. Whoever kills a person, the murderer shall be put to death on the testimony of witnesses; but one witness is not sufficient testimony against a person for the death penalty.

a. One witness is not sufficient testimony against a person for the death penalty: One witness was never enough to condemn a murderer to death. Furthermore, the witnesses had to be so certain that one of them must be willing to initiate the actual execution - to "cast the first stone" (Deuteronomy 17:6-7).

i. This puts the words of Jesus regarding the woman taken in adultery in John 8 in perspective: He who is without sin among you, let him throw a stone at her first (John 8:7). Jesus asked for the official witness to step forward and go on record as having witnessed this act of adultery, yet show himself hypocritical enough to bring the woman, but not the man to judgment.

b. One witness is not sufficient testimony: We may comfort ourselves that we would never judge someone guilty of murder so quickly, without proper evidence; but how often do we murder someone's reputation in our own minds or in the minds of others with no witnesses, much less one.

i. God is concerned about the murder of reputation, as well as physical murder, and commands Do not receive an accusation against an elder except from two or three witnesses (1 Timothy 5:19) - the same standard as for proving murder!

ii. Remember 1 Timothy 5:19 does not say "except from two or three gossips"; it says except from two or three witnesses. If a matter is false, it does not become true because many people hear it or many people repeat it.

2. (31-32) A murderer's life cannot be ransomed.

Moreover you shall take no ransom for the life of a murderer who is guilty of death, but he shall surely be put to death. And you shall take no ransom for him who has fled to his city of refuge, that he may return to dwell in the land before the death of the priest.

a. You shall take no ransom for the life of a murderer: If someone was guilty of murder, they could not make monetary restitution in the place of their life. The principle of Genesis 9:6 stands: Whoever sheds man's blood, by man his blood shall be shed; for in the image of God He made man.

b. You shall take no ransom for him who has fled to his city of refuge: This reflects an important principle; namely, that money cannot replace justice. Sometimes a monetary reward satisfies justice (as in Exodus 22:4, for example); but other times it does not, and should not be used as a replacement for justice.

3. (33-34) The urgency to bring murderers to justice.

So you shall not pollute the land where you are; for blood defiles the land, and no atonement can be made for the land, for the blood that is shed on it, except by the blood of him who shed it. Therefore do not defile the land which you inhabit, in the midst of which I dwell; for I the LORD dwell among the children of Israel.

a. For blood defiles the land, and no atonement can be made for the land: Unjudged murders defile a nation. When murderers are not brought to justice, there is a blot on a nation that only the severe judgment of God can cleanse.

b. Except by the blood of him who shed it: The way to avoid this defilement is to judge, and execute murderers - no atonement can be made for the land, for the blood that is shed on it, except by the blood of him who shed it. (Genesis 9:6)

i. The United States of America - particularly in its inner cities - is a defiled land. That nation has long been polluted by the stain of unpunished murders. In a recent year in Los Angeles County, they averaged more than five murders a day, and very few of them were brought to justice. The blood of the slain cries out before God.

© 2006 David Guzik - No distribution beyond personal use without permission

Commentary -- Other

Critics Ask: Num 35:19

NUMBERS 35:19 —Why did God permit avenging blood and yet forbid murder?

PROBLEM: God forbade murder ( Ex. 20:13 ). Yet here He says, “The avenger of blood himself shall put the murderer to death; when he meets him, he shall put him to death.”

SOLUTION: First of all, this was not an act of murder, but an act of capital punishment which God had ordained before the law ( Gen. 9:6 ), and Moses had reaffirmed it under the Law ( Ex. 21:12 ). Further, notice that it was only to be done to a “murderer,” not simply to anyone. Also, the avenger had to be the nearest male relative of the one who was murdered, not just anyone who wished to take justice in his own hands. In short, what is forbidden in Exodus 20 is the recognized crime of murder, and what is permitted in Numbers 35 is the recognized responsibility of capital punishment. These are not in conflict.   

Critics Ask: Num 35:30

NUMBERS 35:30 —Does the need for two witnesses mean that it is wrong to condemn someone on other evidence?

PROBLEM: According to Numbers 35:30 , a man accused of murder could be convicted and condemned on the testimony of two witnesses, but not on the testimony of only one witness. However, the great majority of crimes are not committed in the open for people to witness. Does this make it wrong to convict and condemn someone on the basis of other evidence when there have been no eyewitnesses?

SOLUTION: It would be wrong to assume that the Hebrew word translated “witness” ( ed ), is exactly equivalent to the English usage. Leviticus 5:1 gives a good example of the wider range of use of this Hebrew word: “If a person sins in hearing the utterance of an oath, and is a witness, whether he has seen or known of the matter — if he does not tell it, he bears guilt.” In this verse, the same Hebrew word translated “witness” refers to someone who has either seen or known of a matter. According to the Mosaic Law, then, there were two types of witnesses who could offer testimony to the guilt of an individual. One was an eyewitness, the other was one who, though not an    eyewitness, could provide testimony to the identity of the offender. This verse does    not make it wrong to convict a person on evidence that is other than direct eyewitness    evidence. Further, the OT writer did not have in view, nor intend to exclude, such    modern things as fingerprints and audio and video tapes.   

Introduction / Outline

JFB: Numbers (Book Introduction)

NUMBERS. This book is so called because it contains an account of the enumeration and arrangement of the Israelites. The early part of it, from the first through the tenth chapters, appears to be a supplement to Leviticus, being occupied with relating the appointment of the Levites to the sacred offices. The journal of the march through the wilderness is then given as far as Num 21:20; after which the early incidents of the invasion are narrated. One direct quotation only from this book (Num 16:5) is made in the New Testament (2Ti 2:19); but indirect references to it by the later sacred writers are very numerous.

JFB: Numbers (Outline)

• MOSES NUMBERING THE MEN OF WAR. (Num. 1:1-54)
• THE ORDER OF THE TRIBES IN THEIR TENTS. (Num. 2:1-34)
• THE LEVITES' SERVICE. (Num. 3:1-51)
• OF THE LEVITES' SERVICE. (Num. 4:1-49)
• THE UNCLEAN TO BE REMOVED OUT OF THE CAMP. (Num 5:1-4)
• RESTITUTION ENJOINED. (Num 5:5-10)
• THE TRIAL OF JEALOUSY. (Num. 5:11-31)
• THE LAW OF THE NAZARITE IN HIS SEPARATION. (Num. 6:1-22)
• THE FORM OF BLESSING THE PEOPLE. (Num 6:23-27)
• THE PRINCES' OFFERINGS. (Num. 7:1-89)
• HOW THE LAMPS ARE TO BE LIGHTED. (Num 8:1-4)
• THE CONSECRATION OF THE LEVITES. (Num. 8:5-22)
• THE PASSOVER ENJOINED. (Num 9:1-5)
• A SECOND PASSOVER ALLOWED. (Num 9:6-14)
• A CLOUD GUIDES THE ISRAELITES. (Num 9:15-23)
• THE USE OF THE SILVER TRUMPETS. (Num. 10:1-36)
• MANNA LOATHED. (Num. 11:1-35)
• MIRIAM'S AND AARON'S SEDITION. (Num 12:1-9)
• MIRIAM'S LEPROSY. (Num 12:10-16)
• THE NAMES OF THE MEN WHO WERE SENT TO SEARCH THE LAND. (Num. 13:1-33)
• THE PEOPLE MURMUR AT THE SPIES' REPORT. (Num. 14:1-45)
• THE LAW OF SUNDRY OFFERINGS. (Num. 15:1-41)
• THE REBELLION OF KORAH. (Num. 16:1-30)
• AARON'S ROD FLOURISHES. (Num 17:1-13)
• THE CHARGE OF THE PRIESTS AND LEVITES. (Num 18:1-7)
• THE PRIESTS' PORTION. (Num 18:8-20)
• THE LEVITES' PORTION. (Num 18:21-32)
• THE WATER OF SEPARATION. (Num. 19:1-22)
• THE DEATH OF MIRIAM. (Num. 20:1-29)
• ISRAEL ATTACKED BY THE CANAANITES. (Num. 21:1-35)
• BALAK'S FIRST MESSAGE FOR BALAAM REFUSED. (Num. 22:1-20)
• THE JOURNEY. (Num. 22:21-41)
• BALAK'S SACRIFICES. (Num. 23:1-30)
• BALAAM FORETELLS ISRAEL'S HAPPINESS. (Num. 24:1-25)
• THE ISRAELITES' WHOREDOM AND IDOLATRY WITH MOAB. (Num. 25:1-18)
• ISRAEL NUMBERED. (Num. 26:1-51)
• THE DAUGHTERS OF ZELOPHEHAD ASK FOR AN INHERITANCE. (Num 27:1-11)
• MOSES BEING TOLD OF HIS APPROACHING DEATH, ASKS FOR A SUCCESSOR. (Num 27:12-17)
• JOSHUA APPOINTED TO SUCCEED HIM. (Num 27:18-23)
• OFFERINGS TO BE OBSERVED. (Num. 28:1-31)
• THE OFFERING AT THE FEAST OF TRUMPETS. (Num. 29:1-40)
• VOWS ARE NOT TO BE BROKEN. (Num. 30:1-16)
• THE MIDIANITES SPOILED AND BALAAM SLAIN. (Num. 31:1-54)
• THE REUBENITES AND GADITES ASK FOR AN INHERITANCE. (Num. 32:1-42)
• TWO AND FORTY JOURNEYS OF THE ISRAELITES--FROM EGYPT TO SINAI. (Num 33:1-15)
• THE BORDERS OF THE LAND OF CANAAN. (Num. 34:1-29)
• EIGHT AND FORTY CITIES GIVEN TO THE LEVITES. (Num 35:1-5)
• CITIES OF REFUGE. (Num 35:6-8)
• THE BLOOD AVENGER. (Num. 35:9-34)
• THE INCONVENIENCE OF THE INHERITANCE. (Num 36:1-13)

TSK: Numbers (Book Introduction)

The book of Numbers is a book containing a series of the most astonishing providences and events. Every where and in every circumstance God appears; and yet there is no circumstance or occasion which does not justify those signal displays of his grace and mercy; and in every relation we perceive the consistency of the divine intentions, and the propriety of those laws which he established.

TSK: Numbers 35 (Chapter Introduction)

Overview

Num 35:1, Eight and forty cities for the Levites, with their suburbs, and measure thereof; Num 35:6, Six of them are to be cities of refuge; Num 35:9, The laws of murder and manslaughter; Num 35:31, No satisfaction for murder.

Poole: Numbers (Book Introduction)

FOURTH BOOK OF MOSES, CALLED NUMBERS

THE ARGUMENT

This Book giveth us a history of almost forty years travel of the children of Israel through the wilderness, where we have an account of their journeys, and what happened to them therein, with their government, and how they were managed thereby; called Numbers by reason of the several numberings of the people, as at the offerings of the princes, and at their several journeys, &c. But especially two: one, Chapter 1, out of which the priests and Levites were excepted, but numbered by themselves, viz. in the second year after they were come out of Egypt, in the first month whereof the passover was instituted; with the order about the tabernacle, both of the Levites and people, and their several marches, encampings, and manner of pitching their tents, the priests’ maintenance and establishment, by the miraculous budding of Aaron’ s rod, with the several impediments in their marches, both among themselves by several murmurings, seditions, and conspiracies; and from their enemies, viz. the Edomites, Canaanites, over whom having obtained a victory, and afterwards murmuring, they were stung with fiery serpents, and cured by the brazen one; Amorites, whose kings, Sihon and Og, they overcame and slew; and Moabites, where by the allurements of Balaam, who was hired by Balak to curse Israel, they joined themselves to Baal-peor , and are plagued for it; that openly opposed them. The other chief numbering is in Chapter 26, where they are found almost as many as at the first, though among them were none of the first numbering, (according to what God had threatened, Chapter 14,) save Moses, Joshua, and Caleb, by reason of their desire to return back into Egypt upon the discouraging report often of those twelve that Moses sent to spy out the land; whereupon they were forced to wander above thirty-eight years in the wilderness; where he gave them several laws, civil, ecclesiastical, and military; as also particular directions about women’ s inheriting, occasioned by the case of Zelophehad’ s daughters, and concerning vows; and then brings them back to the borders of Canaan, where, after divers victories obtained against their enemies, they were directed how the land of Canaan was to be divided among the tribes, and what portion the Levites were to have among them, together with six cities of refuge set apart for the manslayer. At length Aaron being dead, and Eleazar placed in his stead, and Moses also having received the sentence of death, doth, by God’ s appointment, deliver up the people unto the charge and conduct of Joshua.

Poole: Numbers 35 (Chapter Introduction)

CHAPTER 35

Eight and forty cities given to the Levites, together with their suburbs; among which six cities of refuge, for an Israelite or stranger who had killed another unawares, Num 35:1-15 . Wilful murder decided, and the murderer to be put to death, Num 35:16-21 . The man-slayer must abide in the city of refuge till the death of the high priest; and if caught out of it, might be killed, Num 35:25-29 . Two witnesses required to condemn a man to die, Num 35:30 . No satisfaction to be taken for the life of a murderer, Num 35:31 , nor that any one might return from a city of refuge before the time, Num 35:32 ; that the land be not defiled and polluted, and not cleansed of the blood shed in it, Num 35:33,34 .

MHCC: Numbers (Book Introduction)

This book is called NUMBERS from the several numberings of the people contained in it. It extends from the giving of the law at Sinai, till their arrival in the plains of Jordan. An account is given of their murmuring and unbelief, for which they were sentenced to wander in the wilderness nearly forty years; also some laws, both, moral and ceremonial. Their trials greatly tended to distinguish the wicked and hypocrites from the faithful and true servants of God, who served him with a pure heart.

MHCC: Numbers 35 (Chapter Introduction)

(Num 35:1-8) The cities of the Levites.

(v. 9-34) The cities of refuge, The laws about murder.

Matthew Henry: Numbers (Book Introduction)

An Exposition, with Practical Observations, of The Fourth Book of Moses, Called Numbers

The titles of the five books of Moses, which we use in our Bibles, are all borrowed from the Greek translation of the Seventy, the most ancient version of the Old Testament that we know of. But the title of this book only we turn into English; in all the rest we retain the Greek word itself, for which difference I know no reason but that the Latin translators have generally done the same. Otherwise this book might as well have been called Arithmoi , the Greek title, as the first Genesis, and the second Exodus; or these might as well have been translated, and called, the first the Generation, or Original, the second the Out-let, or Escape, as this Numbers. - This book was thus entitled because of the numbers of the children of Israel, so often mentioned in this book, and so well worthy to give a title to it, because it was the remarkable accomplishment of God's promise to Abraham that his seed should be as the stars of heaven for multitude. It also relates to two numberings of them, one at mount Sinai (ch. 1), the other in the plains of Moab, thirty-nine years after (ch. 26). And not three men the same in the last account that were in the first. The book is almost equally divided between histories and laws, intermixed.

We have here, I. The histories of the numbering and marshalling of the tribes (ch. 1-4), the dedication of the altar and Levites (ch. 7, 8), their march (ch. 9, 10), their murmuring and unbelief, for which they were sentenced to wander forty years in the wilderness (ch. 11-14), the rebellion of Korah (ch. 16, Num 17:1-13), the history of the last year of the forty (ch. 20-26), the conquest of Midian, and the settlement of the two tribes (ch. 31, 32), with an account of their journeys (ch. 33), II. Divers laws about the Nazarites, etc. (ch. 5, 6); and again about the priests' charge, etc. (ch. 18, 19), feasts (ch. 28, 29), and vows (ch. 30), and relating to their settlement in Canaan (ch. 27, 34, 35, Num 36:1-13). An abstract of much of this book we have in a few words in Psa 95:10, Forty years long was I grieved with this generation; and an application of it to ourselves in Heb 4:1, Let us fear lest we seem to come short. Many considerable nations there were now in being, that dwelt in cities and fortified towns, of which no notice is taken, no account kept, by the sacred history: but very exact records are kept of the affairs of a handful of people, that dwelt in tents, and wandered strangely in a wilderness, because they were the children of the covenant. For the Lord's portion is his people, Jacob is the lot of his inheritance.

Matthew Henry: Numbers 35 (Chapter Introduction)

Orders having been given before for the dividing of the land of Canaan among the lay-tribes (as I may call them), care is here taken for a competent provision for the clergy, the tribe of Levi, which ministered in holy things. I. Forty-eight cities were to be assigned them, with their suburbs, some in every tribe (Num 35:1-8). II. Six cities out of these were to be for cities of refuge, for any man that killed another unawares (Num 35:9-15). In the law concerning these observe, 1. In what case sanctuary was not allowed, namely, that of wilful murder (Num 35:16-21). 2. In what cases it was allowed (Num 35:22-24). 3. What was the law concerning those that took shelter in these cities of refuge (Num 35:25, etc.).

Constable: Numbers (Book Introduction)

Introduction

Title

The title the Jews used in their Hebrew Old Testament for this book comes from the fifth word in the book in the Hebrew text, bemidbar: "in the wilderness." This is, of course, appropriate since the Israelites spent most of the time covered in the narrative of Numbers wandering in the wilderness.

The English title "Numbers" is a translation of the Greek title Arithmoi. The Septuagint translators chose this title because of the two censuses of the Israelites that Moses recorded at the beginning (chs. 1-4) and toward the end (ch. 26) of the book. These numberings of the people took place at the beginning and end of the wilderness wanderings and frame the contents of Numbers.

Date and Writer

Moses wrote Numbers (cf. Num. 1:1; 33:2; Matt. 8:4; 19:7; Luke 24:44; John 1:45; et al.). He evidently did so late in his life on the plains of Moab.¹ Moses evidently died close to 1406 B.C. since the Exodus happened about 1446 B.C., and the Israelites were in the wilderness for 40 years.

Scope and purpose

When the book opens the Israelites were in the second month of the second year after they departed from Egypt (1:1). In chapters 7-10 we read things that happened in the nation before that. These things happened when Moses finishing setting up the tabernacle, which occurred on the first day of the first month of the second year (7:1; cf. Exod. 40:17). When Numbers closes the Israelites were in the tenth month of the fortieth year (cf. Deut. 1:3). Thus the time Numbers covers is about 39 years.

Geographically the Israelites travelled from Mt. Sinai to the plains of Moab, which lay to the east of Jericho and the Jordan River. However their journey was not at all direct. They proceeded from Sinai to Kadesh Barnea on Canaan's southern border but failed to go into the Promised Land from there because of unbelief. Their failure to trust God and obey Him resulted in a period of 38 years of wandering in the wilderness. God finally brought them back to Kadesh and led them from there to the plains of Moab that lay on Canaan's eastern border.

Even though the wilderness wanderings consumed the majority of the years Numbers records, Moses passed over the events of this period of Israel's history fairly quickly. God's emphasis in this book is on His preparation of the Israelites to enter the land from Kadesh (chs. 1-14), and their preparation to enter from the plains of Moab (chs. 20-36). This indicates that the purpose of the book was primarily to show how God dealt with the Israelites as they anticipated entrance into the Promised Land. It was not to record all the events, or even most events, that took place in Israel's history. This selection of content to teach spiritual lessons is in harmony with the other books of the Pentateuch. Their concern too was more theological than historical.

"The material in Numbers cannot be understood apart from what precedes it in Exodus and Leviticus. The middle books of the Pentateuch hang closely together, with Genesis forming a prologue, and Deuteronomy the epilogue to the collection."²

The content stresses events leading to the destruction of the older generation of Israelites in the wilderness and the preparation of the new generation for entrance into the land. The census at the beginning of the book (chs. 1-4) and the one at the end (ch. 26) provide, ". . . the overarching literary and theological structure of the book of Numbers."³

"We may also venture the purpose of the book in this manner: To compel obedience to Yahweh by members of the new community by reminding them of the wrath of God on their parents because of their breach of covenant; to encourage them to trust in the ongoing promises of their Lord as they follow him into their heritage in Canaan; and to provoke them to worship of God and to the enjoyment of their salvation."⁴

"The Book of Numbers seems to be an instruction manual to post-Sinai Israel. The manual' deals with three areas: (a) how the nation was to order itself in its journeyings, (b) how the priests and Levites were to function in the condition of mobility which lay ahead, and (c) how they were to prepare themselves for the conquest of Canaan and their settled lives there. The narrative sections, of which there are many, demonstrate the successes and failures of the Lord's people as they conformed and did not conform to the requirements in the legislative, cultic, and prescriptive parts of the book."⁵

Theme

I believe the theme of the book is obedience. However others have suggested different though related themes.

"The theme of the Book of Numbers is worship."⁶

"The major theological theme of Numbers is reciprocal in nature: God has brought a people to Himself by covenant grace, but He expects of them a wholehearted devotion. Having accepted the terms of the Sinai Covenant, Israel had placed herself under obligation to obey them, a process that was to begin at once and not in some distant place and time (Exod. 19:8; 24:3)."⁷

Message⁸

To formulate a statement that summarizes the teaching of this book it will be helpful to identify some of the major revelations in Numbers. These constitute the unique values of the book.

The first major value of Numbers is that it reveals the graciousness of God to an extent not previously revealed. We see God's graciousness in His dealings with Israel throughout this book.

In the first section of Numbers (chs. 1-10) God's provision for His people stands out. We see this in the order and purity God specified for the maintenance of the Israelite camp. We see it in the worship God provided for in the camp. We also see it in the movement God prescribed for the camp. God faithfully provided for the needs of His people in these many ways as they prepared to enter the Promised Land.

In the second section of the book (chs. 11-21) God's patience with His people stands out. When the Israelites failed to obey God He did not desert them, but He disciplined them in love. God's patience in dealing with the Israelites did not result from God's weakness, but it was an evidence of His strength. God did not manifest carelessness toward the Israelites by making them wander in the wilderness for 38 years. He manifested carefulness as He used those 38 years to prepare the next generation to obey Him. God disciplined the people for their disobedience, but He always directed them toward the realization of His purpose for them as He disciplined them. The years of wilderness wandering were years of education rather than abandonment. He had similarly prepared Moses for 40 years in the wilderness before the Exodus.

In the third section (chs. 22-36) God's persistence in bringing Israel to the threshold of the land is prominent. God protected Israel from her enemies and provided for her needs. Even though Israel had been unfaithful God persisted in demonstrating faithfulness to the nation He had chosen to bless.

A second major value of this book is the revelation it contains of the gravity of unbelief. This is a revelation of man whereas the first was a revelation of God. Numbers reveals the seriousness of the sin of unbelief that manifests itself in disobedience. The Israelites struggled with unbelief throughout the book, but the most serious instance of it took place at Kadesh Barnea (chs. 13-14).

Numbers reveals the roots of unbelief. These were two causes: a mixed multitude and mixed motives.

The congregation consisted of a combination of believing Israelites and others who had for various reasons joined themselves to the people of God, a mixed multitude. These foreigners joined Israel first at the Exodus (Exod. 12:38), but we find them mixed in with the Israelites throughout Israel's subsequent history (cf. Lev. 24:10-23). This "rabble" was first to complain against God, and their murmuring spread through the camp like a plague periodically (cf. 11:4).

The second cause of unbelief was the mixed motives of the Israelites. They wanted to enjoy God's blessings and obeyed Him to a degree to obtain these. However, they also wanted things that God in His love for them did not want them to have (cf. Gen. 3). The Israelites did not fully commit themselves to God (cf. Rom. 12:1-2). They did not fully allow God to shape them into a nation to fulfill His purpose for them in the world. This too resulted in murmuring. They longed for what they had experienced in Egypt and preferred a comfortable life to the adventurous life to which God had called them. Murmuring is the telltale evidence of selfishness. It arises from a lack of singleminded dedication to God.

The message of Numbers is that everything depends on our attitude toward God. Our attitude toward our opportunities and our circumstances reveals our attitude toward God. If we are not content with what God has brought into our lives, it indicates we may want something different for ourselves than what God wants for us.

When we face a challenge to our faith we must see the difficulty overshadowed by God's presence, power, and promises.

The alternative is to allow the difficulty to block our view of God. The influences of unbelievers and our own doublemindedness will seek to make us behave as the Israelites did. At these times of testing Israel's experiences in Numbers should help us understand what is going on and trust God and obey Him more consistently.

The message of Numbers is a message of comfort on the one hand.

Numbers teaches that the failures of God's people cannot frustrate His plans. In Exodus we saw that the opposition of God's enemies cannot defeat Him. In Numbers we see that the failure of His instruments cannot defeat Him either. God's chosen instruments can postpone God's purposes, but they cannot preclude them.

In Numbers we also see that God always deals with His chosen instruments righteously. He will bless the minority who are faithful to Him even though they live among a majority who are under His discipline for being unfaithful. We see this in God's dealings with Caleb and Joshua. God honors the faithful. He will also faithfully work with those He is disciplining because of unfaithfulness. He will encourage them to experience the greatest blessing they can within the sphere of their discipline. We see this in His dealings with the rebellious generation. Furthermore God will not overlook those who have disobeyed Him because they have established a record of past obedience. He will discipline them too. We see this in God's dealings with Moses. Whereas God honors the faithful He also disciplines the unfaithful.

Numbers further teaches us that God's provisions are always adequate for His people's needs (cf. 2 Cor. 12:9). He sustained the Israelites in the wilderness. Their failures were not a result of God's inadequate provision but their own dissatisfaction with His provision. God Himself is an adequate resource for His people as we go through life (cf. Exod. 14-17).

On the other hand Numbers is also a message of warning. Every believer and every group of believers (e.g., a local church) from time to time face the same challenge to faith that the Israelites faced in the wilderness and at Kadesh. The crisis comes when faith encounters obstacles that only God's supernatural power can overcome. The believer should then proceed against these obstacles in simple confidence in God. Our response will depend on whether we are willing to act on our belief that God's presence, power, and promises can overcome them.

We can fail to realize all that God wants for us if we fail to trust Him.

By way of review Genesis expounds faith. Exodus reveals that faith manifests itself in worship and obedience. Leviticus explains worship more fully. Numbers stresses the importance of obedience.

Numbers shows the importance of obedience by revealing the roots, process, and fruits of disobedience.

Constable: Numbers (Outline)

Outline

I. Experiences of the older generation in the wilderness chs. 1-25

A. Preparations for entering the Promised Land from the south chs. 1-10

1. The first census and the organization of the people chs. 1-4

2. Commands and rituals to observe in preparation for entering the land chs. 5-9

3. The departure from Sinai ch. 10

B. The rebellion and judgment of the unbelieving generation chs. 11-25

1. The cycle of rebellion, atonement, and death chs. 11-20

2. The climax of rebellion, hope, and the end of dying chs. 21-25

II. Prospects of the younger generation in the land chs. 26-36

A. Preparations for entering the Promised Land from the east chs. 26-32

1. The second census ch. 26

2. Provisions and commands to observe in preparation for entering the land chs. 27-30

3. Reprisal against Midian and the settlement of the Transjordanian tribes chs. 31-32

B. Warning and encouragement of the younger generation chs. 33-36

1. Review of the journey from Egypt 33:1-49

2. Anticipation of the Promised Land 33:50-36:13

Constable: Numbers

Numbers

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Copyright 2003 by Thomas L. Constable

Haydock: Numbers (Book Introduction)

INTRODUCTION.

This fourth Book of Moses is called Numbers , because it begins with the numbering of the people. The Hebrews, from its first words, call it Vaydedabber . It contains the transactions of the Israelites, from the second month of the second year after their going out of Egypt, until the beginning of the eleventh month of the 40th year; that is, a history almost of thirty-nine years. (Challoner) --- In the nine first chapters various orders of people are described, and several laws are given or repeated. From the 10th to the 33d, the marches and history of God's people are related; (Haydock) from the 20th of the second month, in the second year after their departure out of Egypt, till the eleventh month of the 40th year, and the last of Moses: so that this Book contains the transactions of almost thirty-nine years; (Tirinus) whereas, the Book of Leviticus specified only some of the laws and occurrences of one month. Here we behold what opposition Moses experienced from Aaron and his sister, from Core, and from all the people; and yet God protected him, in the midst of all dangers, and confounded, not only their attempts, but those also of Balaam, and of all his external foes. (Haydock) --- Moses conquers the Madianites, and divides the conquered country between the tribes of Ruben, Gad, and half of the tribe of Manasses. In the three last chapters, he describes the land of Chanaan, orders all the inhabitants to be exterminated, assigns cities for the Levites, and for refuge; and forbids such marriages, as might cause any confusion in the distribution of the lands belonging to each tribe. Moses composed this part of the Pentateuch, as well as that of Deuteronomy, a little while before his death, out of the memoirs which he had carefully preserved. (Calmet) --- According to Usher, the people were numbered this second time, in the year of the world 2514, chap. i.; after which they leave the desert of Sinai, (chap. x. 11.) go to Cades-barne, and return thither again 2552. Soon after this, Mary and Aaron die; Moses lifts up the brazen serpent; and the Hebrews take possession of part of the promised land (2553) on the eastern banks of the Jordan. That on the western side, flowing with milk and honey, was conquered by Josue in the following years. (Haydock)

Gill: Numbers (Book Introduction)

INTRODUCTION TO NUMBERS

This book has its name from the account it gives of the "numbers" of the children of Israel, twice taken particularly; which name it has with this Greeks and Latins, and so with the Syriac and Arabic versions; but with the Jews it is called sometimes "Vajedabber", from the first word of it, "and the Lord spake"; and sometimes "Bemidbar", from the fifth word of the first verse, "in the wilderness", and sometimes "Sepher Pikkudim"; or, as with Origen ^a, "Ammesph‚kodim", the book of musters or surveys. That it was written by Moses is not to be doubted; and is indeed suggested by our Lord himself, Joh 5:46 compared with Num 3:14, and the references to it, in the New Testament, fully ascertain to us Christians the authenticity of it, as that of our Lord hinted at, and those of the apostle in 1Co 10:4. It contains an history of the affairs of the Israelites, and of their travel in the wilderness for the space of thirty eight years; though the principal facts it relates were done in the second year of their coming out of Egypt, and in the last of their being in the wilderness; and it is not merely historical, but gives a particular account of several laws, ceremonial and judicial, to be observed by the people of Israel, as well as has many things in it very instructive, both of a moral and evangelical nature.

Gill: Numbers 35 (Chapter Introduction)

INTRODUCTION TO NUMBERS 35

Though the tribe of Levi had no part in the division of the land, yet cities out of the several tribes are here ordered to be given them to dwell in, to the number of forty eight, Num 35:1, six of which were to be cities of refuge, Num 35:9, but not for wilful murderers, in whatsoever way they might kill a man, Num 35:16, but for such who had killed a man unawares, Num 35:22, and several rules are given relating to such persons, Num 35:25, but no satisfaction was to be taken in case of murder, nor to excuse a person's return to his own house before the death of the high priest, who had fled to a city of refuge, that so the land might not be defiled, Num 35:30.