Numeri 35:12 Commento

We have in this chapter the determination of another question that arose upon the case of the daughters of Zelophehad. God had appointed that they should inherit, Num 27:7. Now here, I. An inconvenience is suggested, in case they should marry into any other tribe (Num 36:1-4). II. It is prevented by a divine appointment that they should marry in their own tribe and family (Num 36:5-7), and this is settled for a rule in like cases (Num 36:8, Num 36:9); and they did marry accordingly to some of their own relations (Num 36:10-12), and with this the book concludes (Num 36:13).

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.

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. (l) Dictionary, on the word "Refuge".

The Israelites are commanded to give the Levites, out of their inheritances, cities and their suburbs for themselves and for their cattle, goods, etc., Num 35:1-3. The suburbs to be 3,000 cubits round about from the wall of the city, Num 35:4, Num 35:5. The cities to be forty-two, to which six cities of refuge should be added, in all forty-eight cities, Num 35:6, Num 35:7. Each tribe shall give of these cities in proportion to its possessions, Num 35:8. These cities to be appointed for the person who might slay his neighbor unawares, Num 35:9-12. Of these six cities there shall be three on each side Jordan, Num 35:13, Num 35:14. The cities to be places of refuge for all who kill a person unawares, whether they be Israelites, strangers, or sojourners, Num 35:15. Cases of murder to which the benefit of the cities of refuge shall not extend, Num 35:16-21. Cases of manslaughter to which the benefits of the cities of refuge shall extend, Num 35:22, Num 35:23. How the congregation shall act between the manslayer and the avenger of blood, Num 35:24, Num 35:25. The manslayer shall abide in the city of refuge till the death of the high priest; he shall then return to the land of his possession, Num 35:26-28. Two witnesses must attest a murder before a murderer can be put to death, Num 35:29, Num 35:30. Every murderer to be put to death, Num 35:31. The manslayer is not to be permitted to come to the land of his inheritance till the death of the high priest, Num 35:32. The land must not be polluted with blood, for the Lord dwells in it, Num 35:33, Num 35:34.

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).

EIGHT AND FORTY CITIES GIVEN TO THE LEVITES. (Num 35:1-5) 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 Num 35:4 and Num 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 (Ch1 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 (Lev 25:34) and, considering their number, that space would be fully required.

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

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 Sa2 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.