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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.

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. (i) Maimon. Rotzeach, c. 8. sect. 8. Vid. T. Bab. Maccot, fol. 10. 1. (k) "per errorem", Pagninus, Junius & Tremellius, Piscator; "per imprudentiam", Tigurine version: Vatablus; "in ignorantia", Montanus.

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.

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.

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.

THE BLOOD AVENGER. (Num. 35:9-34) 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 (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.

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.