Nu 35:1-5.
EIGHT AND
FORTY
CITIES
GIVEN TO THE
LEVITES.
2. give unto the Levites of the inheritance of their possession
cities to dwell in--As the Levites were to have no territorial
domain allocated to them like the other tribes on the conquest of
Canaan, they were to be distributed throughout the land in certain
cities appropriated to their use; and these cities were to be
surrounded by extensive suburbs. There is an apparent discrepancy
between
Nu 35:4
and Nu 35:5,
with regard to the extent of these suburbs; but the statements in the
two verses refer to totally different things--the one to the extent of
the suburbs from the walls of the city, the other to the space of two
thousand cubits from their extremity. In point of fact, there was an
extent of ground, amounting to three thousand cubits, measured from the
wall of the city. One thousand were most probably occupied with
outhouses for the accommodation of shepherds and other servants, with
gardens, vineyards, or oliveyards. And these which were portioned out
to different families
(1Ch 6:60)
might be sold by one Levite to another, but not to any individual of
another tribe
(Jer 32:7).
The other two thousand cubits remained a common for the pasturing of
cattle
(Le 25:34)
and, considering their number, that space would be fully required.
6. there shall be six cities for refuge, which ye shall appoint for
the manslayer--The establishment of those privileged sanctuaries
among the cities of the Levites is probably traceable to the idea, that
they would be the most suitable and impartial judges--that their
presence and counsels might calm or restrain the stormy passions of the
blood avenger--and that, from their being invested with the sacred
character, they might be types of Christ, in whom sinners find a refuge
from the destroyer (see
De 4:43;
Jos 20:8).
8. the cities which ye shall give shall be of the possession of the
children of Israel--The burden of furnishing those places for the
residence and support of the Levitical order was to fall in equitable
proportions upon the different tribes (see
Nu 33:54;
Jos 20:7).
11. that the slayer may flee thither, which killeth any person at
unawares--The practice of Goelism, that is, of the nearest relation
of an individual who was killed being bound to demand satisfaction from
the author of his death, existed from a very remote antiquity
(Ge 4:14; 27:45).
It seems to have been an established usage in the age of Moses; and
although in a rude and imperfect state of society, it is a natural and
intelligible principle of criminal jurisprudence, it is liable to many
great abuses; the chief of the evils inseparable from it is that the
kinsman, who is bound in duty and honor to execute justice, will often
be precipitate--little disposed, in the heat of passion or under the
impulse of revenge, to examine into the circumstances of the case, to
discriminate between the premeditated purpose of the assassin and the
misfortune of the unintentional homicide. Moreover, it had a tendency,
not only to foster a vindictive spirit, but in case of the Goel being
unsuccessful in finding his victim, to transmit animosities and feuds
against his descendants from one generation to another. This is
exemplified among the Arabs in the present day. Should an Arab of one
tribe happen to kill one of another tribe, there is "blood" between the
tribes, and the stain can only be wiped out by the death of some
individual of the tribe with which the offense originated. Sometimes
the penalty is commuted by the payment of a stipulated number of sheep
or camels. But such an equivalent, though offered, is as often refused,
and blood has to be repaid only by blood. This practice of Goelism
obtained among the Hebrews to such an extent that it was not perhaps
expedient to abolish it; and Moses, while sanctioning its continuance,
was directed, by divine authority, to make some special regulations,
which tended both to prevent the unhappy consequences of sudden and
personal vengeance, and, at the same time, to afford an accused person
time and means of proving his innocence. This was the humane and
equitable end contemplated in the institution of cities of refuge.
There were to be six of these legalized asyla, three on the east of
Jordan, both because the territory there was equal in length, though
not in breadth, to Canaan, and because it might be more convenient for
some to take refuge across the border. They were appointed for the
benefit, not of the native Israelites only, but of all resident
strangers.
16-21. If he smite him with an instrument of iron, so that he
die, &c.--Various cases are here enumerated in which the Goel or
avenger was at liberty to take the life of the murderer; and every one
of them proves a premeditated purpose.
22-28. But if he thrust him suddenly without enmity, or have cast
upon him any thing without laying of wait, &c.--Under the
excitement of a sudden provocation, or violent passion, an injury might
be inflicted issuing in death; and for a person who had thus
undesignedly committed slaughter, the Levitical cities offered the
benefit of full protection. Once having reached the nearest, for one
or other of them was within a day's journey of all parts of the land,
he was secure. But he had to "abide in it." His confinement within its
walls was a wise and salutary rule, designed to show the sanctity of
human blood in God's sight, as well as to protect the manslayer
himself, whose presence and intercourse in society might have provoked
the passions of the deceased's relatives. But the period of his
release from this confinement was not until the death of the high
priest. That was a season of public affliction, when private sorrows
were sunk or overlooked under a sense of the national calamity, and
when the death of so eminent a servant of God naturally led all to
serious consideration about their own mortality. The moment, however,
that the refugee broke through the restraints of his confinement and
ventured beyond the precincts of the asylum, he forfeited the
privilege, and, if he was discovered by his pursuer, he might be slain
with impunity.
29-34. these things shall be for a statute of judgment unto you
throughout your generations--The law of the blood-avenger, as thus
established by divine authority, was a vast improvement on the ancient
practice of Goelism. By the appointment of cities of refuge, the
manslayer was saved, in the meantime, from the blind and impetuous fury
of vindictive relatives; but he might be tried by the local court, and,
if proved guilty on sufficient evidence, condemned and punished as a
murderer, without the possibility of deliverance by any pecuniary
satisfaction. The enactment of Moses, which was an adaptation to the
character and usages of the Hebrew people, secured the double advantage
of promoting the ends both of humanity and of justice.
Numbers 35 Bible Commentary
Jamieson, Faussett, and Brown
Nu 35:1-5. EIGHT AND FORTY CITIES GIVEN TO THE LEVITES.
2. give unto the Levites of the inheritance of their possession cities to dwell in--As the Levites were to have no territorial domain allocated to them like the other tribes on the conquest of Canaan, they were to be distributed throughout the land in certain cities appropriated to their use; and these cities were to be surrounded by extensive suburbs. There is an apparent discrepancy between Nu 35:4 and Nu 35:5, with regard to the extent of these suburbs; but the statements in the two verses refer to totally different things--the one to the extent of the suburbs from the walls of the city, the other to the space of two thousand cubits from their extremity. In point of fact, there was an extent of ground, amounting to three thousand cubits, measured from the wall of the city. One thousand were most probably occupied with outhouses for the accommodation of shepherds and other servants, with gardens, vineyards, or oliveyards. And these which were portioned out to different families (1Ch 6:60) might be sold by one Levite to another, but not to any individual of another tribe (Jer 32:7). The other two thousand cubits remained a common for the pasturing of cattle (Le 25:34) and, considering their number, that space would be fully required.
Nu 35:6-8. CITIES OF REFUGE.
6. there shall be six cities for refuge, which ye shall appoint for the manslayer--The establishment of those privileged sanctuaries among the cities of the Levites is probably traceable to the idea, that they would be the most suitable and impartial judges--that their presence and counsels might calm or restrain the stormy passions of the blood avenger--and that, from their being invested with the sacred character, they might be types of Christ, in whom sinners find a refuge from the destroyer (see De 4:43; Jos 20:8).
8. the cities which ye shall give shall be of the possession of the children of Israel--The burden of furnishing those places for the residence and support of the Levitical order was to fall in equitable proportions upon the different tribes (see Nu 33:54; Jos 20:7).
Nu 35:9-34. THE BLOOD AVENGER.
11. that the slayer may flee thither, which killeth any person at unawares--The practice of Goelism, that is, of the nearest relation of an individual who was killed being bound to demand satisfaction from the author of his death, existed from a very remote antiquity (Ge 4:14; 27:45). It seems to have been an established usage in the age of Moses; and although in a rude and imperfect state of society, it is a natural and intelligible principle of criminal jurisprudence, it is liable to many great abuses; the chief of the evils inseparable from it is that the kinsman, who is bound in duty and honor to execute justice, will often be precipitate--little disposed, in the heat of passion or under the impulse of revenge, to examine into the circumstances of the case, to discriminate between the premeditated purpose of the assassin and the misfortune of the unintentional homicide. Moreover, it had a tendency, not only to foster a vindictive spirit, but in case of the Goel being unsuccessful in finding his victim, to transmit animosities and feuds against his descendants from one generation to another. This is exemplified among the Arabs in the present day. Should an Arab of one tribe happen to kill one of another tribe, there is "blood" between the tribes, and the stain can only be wiped out by the death of some individual of the tribe with which the offense originated. Sometimes the penalty is commuted by the payment of a stipulated number of sheep or camels. But such an equivalent, though offered, is as often refused, and blood has to be repaid only by blood. This practice of Goelism obtained among the Hebrews to such an extent that it was not perhaps expedient to abolish it; and Moses, while sanctioning its continuance, was directed, by divine authority, to make some special regulations, which tended both to prevent the unhappy consequences of sudden and personal vengeance, and, at the same time, to afford an accused person time and means of proving his innocence. This was the humane and equitable end contemplated in the institution of cities of refuge. There were to be six of these legalized asyla, three on the east of Jordan, both because the territory there was equal in length, though not in breadth, to Canaan, and because it might be more convenient for some to take refuge across the border. They were appointed for the benefit, not of the native Israelites only, but of all resident strangers.
16-21. If he smite him with an instrument of iron, so that he die, &c.--Various cases are here enumerated in which the Goel or avenger was at liberty to take the life of the murderer; and every one of them proves a premeditated purpose.
22-28. But if he thrust him suddenly without enmity, or have cast upon him any thing without laying of wait, &c.--Under the excitement of a sudden provocation, or violent passion, an injury might be inflicted issuing in death; and for a person who had thus undesignedly committed slaughter, the Levitical cities offered the benefit of full protection. Once having reached the nearest, for one or other of them was within a day's journey of all parts of the land, he was secure. But he had to "abide in it." His confinement within its walls was a wise and salutary rule, designed to show the sanctity of human blood in God's sight, as well as to protect the manslayer himself, whose presence and intercourse in society might have provoked the passions of the deceased's relatives. But the period of his release from this confinement was not until the death of the high priest. That was a season of public affliction, when private sorrows were sunk or overlooked under a sense of the national calamity, and when the death of so eminent a servant of God naturally led all to serious consideration about their own mortality. The moment, however, that the refugee broke through the restraints of his confinement and ventured beyond the precincts of the asylum, he forfeited the privilege, and, if he was discovered by his pursuer, he might be slain with impunity.
29-34. these things shall be for a statute of judgment unto you throughout your generations--The law of the blood-avenger, as thus established by divine authority, was a vast improvement on the ancient practice of Goelism. By the appointment of cities of refuge, the manslayer was saved, in the meantime, from the blind and impetuous fury of vindictive relatives; but he might be tried by the local court, and, if proved guilty on sufficient evidence, condemned and punished as a murderer, without the possibility of deliverance by any pecuniary satisfaction. The enactment of Moses, which was an adaptation to the character and usages of the Hebrew people, secured the double advantage of promoting the ends both of humanity and of justice.