1 When the LORD thy God hath cut off the nations, whose land the LORD thy God giveth thee, and thou succeedest them, and dwellest in their cities, and in their houses;
2 Thou shalt separate three cities for thee in the midst of thy land, which the LORD thy God giveth thee to possess it.
3 Thou shalt prepare thee a way, and divide the coasts of thy land, which the LORD thy God giveth thee to inherit, into three parts, that every slayer may flee thither.
4 And this is the case of the slayer, which shall flee thither, that he may live: Whoso killeth his neighbor ignorantly, whom he hated not in time past;
5 As when a man goeth into the wood with his neighbor to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head slippeth from the helve, and lighteth upon his neighbor, that he die; he shall flee unto one of those cities, and live:
6 Lest the avenger of the blood pursue the slayer, while his heart is hot, and overtake him, because the way is long, and slay him; whereas he was not worthy of death, inasmuch as he hated him not in time past.
7 Wherefore I command thee, saying, Thou shalt separate three cities for thee.
8 And if the LORD thy God enlarge thy coast, as he hath sworn unto thy fathers, and give thee all the land which he promised to give unto thy fathers;
9 If thou shalt keep all these commandments to do them, which I command thee this day, to love the LORD thy God, and to walk ever in his ways; then shalt thou add three cities more for thee, beside these three:
10 That innocent blood be not shed in thy land, which the LORD thy God giveth thee for an inheritance, and so blood be upon thee.
11 But if any man hate his neighbor, and lie in wait for him, and rise up against him, and smite him mortally that he die, and fleeth into one of these cities:
12 Then the elders of his city shall send and fetch him thence, and deliver him into the hand of the avenger of blood, that he may die.
13 Thine eye shall not pity him, but thou shalt put away the guilt of innocent blood from Israel, that it may go well with thee.
14 Thou shalt not remove thy neighbor's landmark, which they of old time have set in thine inheritance, which thou shalt inherit in the land that the LORD thy God giveth thee to possess it.
15 One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.
16 If a false witness rise up against any man to testify against him that which is wrong;
17 Then both the men, between whom the controversy is, shall stand before the LORD, before the priests and the judges, which shall be in those days;
18 And the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother;
19 Then shall ye do unto him, as he had thought to have done unto his brother: so shalt thou put the evil away from among you.
20 And those which remain shall hear, and fear, and shall henceforth commit no more any such evil among you.
21 And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot.
1 When the LORD H3068 thy God H430 hath cut off H3772 the nations, H1471 whose land H776 the LORD H3068 thy God H430 giveth H5414 thee, and thou succeedest H3423 them, and dwellest H3427 in their cities, H5892 and in their houses; H1004
2 Thou shalt separate H914 three H7969 cities H5892 for thee in the midst H8432 of thy land, H776 which the LORD H3068 thy God H430 giveth H5414 thee to possess H3423 it.
3 Thou shalt prepare H3559 thee a way, H1870 and divide the coasts H1366 of thy land, H776 which the LORD H3068 thy God H430 giveth thee to inherit, H5157 into three parts, H8027 that every slayer H7523 may flee H5127 thither.
4 And this is the case H1697 of the slayer, H7523 which shall flee H5127 thither, that he may live: H2425 Whoso killeth H5221 his neighbour H7453 ignorantly, H1097 H1847 whom he hated H8130 not in time H8543 past; H8032
5 As when a man goeth H935 into the wood H3293 with his neighbour H7453 to hew H2404 wood, H6086 and his hand H3027 fetcheth a stroke H5080 with the axe H1631 to cut down H3772 the tree, H6086 and the head H1270 slippeth H5394 from the helve, H6086 and lighteth H4672 upon his neighbour, H7453 that he die; H4191 he shall flee H5127 unto one H259 of those cities, H5892 and live: H2425
6 Lest the avenger H1350 of the blood H1818 pursue H7291 the slayer, H310 H7523 while H3588 his heart H3824 is hot, H3179 and overtake H5381 him, because the way H1870 is long, H7235 and slay H5221 him; H5315 whereas he was not worthy H4941 of death, H4194 inasmuch as H3588 he hated H8130 him not in time H8543 past. H8032
7 Wherefore I command H6680 thee, saying, H559 Thou shalt separate H914 three H7969 cities H5892 for thee.
8 And if the LORD H3068 thy God H430 enlarge H7337 thy coast, H1366 as he hath sworn H7650 unto thy fathers, H1 and give H5414 thee all the land H776 which he promised H1696 to give H5414 unto thy fathers; H1
9 If thou shalt keep H8104 all these commandments H4687 to do H6213 them, which I command H6680 thee this day, H3117 to love H157 the LORD H3068 thy God, H430 and to walk H3212 ever H3117 in his ways; H1870 then shalt thou add H3254 three H7969 cities H5892 more for thee, beside these three: H7969
10 That innocent H5355 blood H1818 be not shed H8210 in H7130 thy land, H776 which the LORD H3068 thy God H430 giveth H5414 thee for an inheritance, H5159 and so blood H1818 be upon thee.
11 But if any man H376 hate H8130 his neighbour, H7453 and lie in wait H693 for him, and rise up H6965 against him, and smite H5221 him mortally H5315 that he die, H4191 and fleeth H5127 into one H259 of these H411 cities: H5892
12 Then the elders H2205 of his city H5892 shall send H7971 and fetch H3947 him thence, and deliver H5414 him into the hand H3027 of the avenger H1350 of blood, H1818 that he may die. H4191
13 Thine eye H5869 shall not pity H2347 him, but thou shalt put away H1197 the guilt of innocent H5355 blood H1818 from Israel, H3478 that it may go well H2895 with thee.
14 Thou shalt not remove H5253 thy neighbour's H7453 landmark, H1366 which they of old time H7223 have set H1379 in thine inheritance, H5159 which thou shalt inherit H5157 in the land H776 that the LORD H3068 thy God H430 giveth H5414 thee to possess H3423 it.
15 One H259 witness H5707 shall not rise up H6965 against a man H376 for any iniquity, H5771 or for any sin, H2403 in any sin H2399 that he sinneth: H2398 at the mouth H6310 of two H8147 witnesses, H5707 or at the mouth H6310 of three H7969 witnesses, H5707 shall the matter H1697 be established. H6965
16 If a false H2555 witness H5707 rise up H6965 against any man H376 to testify H6030 against him that which is wrong; H5627
17 Then both H8147 the men, H582 between whom the controversy H7379 is, shall stand H5975 before H6440 the LORD, H3068 before H6440 the priests H3548 and the judges, H8199 which shall be in those days; H3117
18 And the judges H8199 shall make diligent H3190 inquisition: H1875 and, behold, if the witness H5707 be a false H8267 witness, H5707 and hath testified H6030 falsely H8267 against his brother; H251
19 Then shall ye do H6213 unto him, as he had thought H2161 to have done H6213 unto his brother: H251 so shalt thou put H1197 the evil H7451 away H1197 from among H7130 you.
20 And those which remain H7604 shall hear, H8085 and fear, H3372 and shall henceforth H3254 commit H6213 no more any H1697 such evil H7451 among H7130 you.
21 And thine eye H5869 shall not pity; H2347 but life H5315 shall go for life, H5315 eye H5869 for eye, H5869 tooth H8127 for tooth, H8127 hand H3027 for hand, H3027 foot H7272 for foot. H7272
1 When Jehovah thy God shall cut off the nations, whose land Jehovah thy God giveth thee, and thou succeedest them, and dwellest in their cities, and in their houses;
2 thou shalt set apart three cities for thee in the midst of thy land, which Jehovah thy God giveth thee to possess it.
3 Thou shalt prepare thee the way, and divide the borders of thy land, which Jehovah thy God causeth thee to inherit, into three parts, that every manslayer may flee thither.
4 And this is the case of the manslayer, that shall flee thither and live: whoso killeth his neighbor unawares, and hated him not in time past;
5 as when a man goeth into the forest with his neighbor to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head slippeth from the helve, and lighteth upon his neighbor, so that he dieth; he shall flee unto one of these cities and live:
6 lest the avenger of blood pursue the manslayer, while his heart is hot, and overtake him, because the way is long, and smite him mortally; whereas he was not worthy of death, inasmuch as he hated him not in time past.
7 Wherefore I command thee, saying, Thou shalt set apart three cities for thee.
8 And if Jehovah thy God enlarge thy border, as he hath sworn unto thy fathers, and give thee all the land which he promised to give unto thy fathers;
9 if thou shalt keep all this commandment to do it, which I command thee this day, to love Jehovah thy God, and to walk ever in his ways; then shalt thou add three cities more for thee, besides these three:
10 that innocent blood be not shed in the midst of thy land, which Jehovah thy God giveth thee for an inheritance, and so blood be upon thee.
11 But if any man hate his neighbor, and lie in wait for him, and rise up against him, and smite him mortally so that he dieth, and he flee into one of these cities;
12 then the elders of his city shall send and fetch him thence, and deliver him into the hand of the avenger of blood, that he may die.
13 Thine eye shall not pity him, but thou shalt put away the innocent blood from Israel, that it may go well with thee.
14 Thou shalt not remove thy neighbor's landmark, which they of old time have set, in thine inheritance which thou shalt inherit, in the land that Jehovah thy God giveth thee to possess it.
15 One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall a matter be established.
16 If an unrighteous witness rise up against any man to testify against him of wrong-doing,
17 then both the men, between whom the controversy is, shall stand before Jehovah, before the priests and the judges that shall be in those days;
18 and the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and have testified falsely against his brother;
19 then shall ye do unto him, as he had thought to do unto his brother: so shalt thou put away the evil from the midst of thee.
20 And those that remain shall hear, and fear, and shall henceforth commit no more any such evil in the midst of thee.
21 And thine eyes shall not pity; life `shall go' for life, eye for eye, tooth for tooth, hand for hand, foot for foot.
1 `When Jehovah thy God doth cut off the nations, whose land Jehovah thy God is giving to thee, and thou hast succeeded them, and dwelt in their cities, and in their houses,
2 three cities thou dost separate for thee in the midst of thy land which Jehovah thy God is giving to thee to possess it.
3 Thou dost prepare for thee the way, and hast divided into three parts the border of thy land which Jehovah thy God doth cause thee to inherit, and it hath been for the fleeing thither of every man-slayer.
4 `And this `is' the matter of the man-slayer who fleeth thither, and hath lived: He who smiteth his neighbour unknowingly, and is not hating him heretofore,
5 even he who cometh in with his neighbour into a forest to hew wood, and his hand hath driven with an axe to cut the tree, and the iron hath slipped from the wood, and hath met his neighbour, and he hath died -- he doth flee unto one of these cities, and hath lived,
6 lest the redeemer of blood pursue after the man-slayer when his heart is hot, and hath overtaken him (because the way is great), and hath smitten him -- the life, and he hath no sentence of death, for he is not hating him heretofore;
7 therefore I am commanding thee, saying, Three cities thou dost separate to thee.
8 `And if Jehovah thy God doth enlarge thy border, as He hath sworn to thy fathers, and hath given to thee all the land which He hath spoken to give to thy fathers --
9 when thou keepest all this command to do it, which I am commanding thee to-day, to love Jehovah thy God, and to walk in His ways all the days -- then thou hast added to thee yet three cities to these three;
10 and innocent blood is not shed in the midst of thy land which Jehovah thy God is giving to thee -- an inheritance, and there hath been upon thee blood.
11 `And when a man is hating his neighbour, and hath lain in wait for him, and risen against him, and smitten him -- the life, and he hath died, and he hath fled unto one of these cities,
12 then the elders of his city have sent and taken him from thence, and given him into the hand of the redeemer of blood, and he hath died;
13 thine eye hath no pity on him, and thou hast put away the innocent blood from Israel, and it is well with thee.
14 `Thou dost not remove a border of thy neighbour, which they of former times have made, in thine inheritance, which thou dost inherit in the land which Jehovah thy God is giving to thee to possess it.
15 `One witness doth not rise against a man for any iniquity, and for any sin, in any sin which he sinneth; by the mouth of two witnesses, or by the mouth of three witnesses, is a thing established.
16 `When a violent witness doth rise against a man, to testify against him apostacy,
17 then have both the men who have the strife stood before Jehovah, before the priests and the judges who are in those days,
18 and the judges have searched diligently, and lo, the witness `is' a false witness, a falsehood he hath testified against his brother:
19 `Then ye have done to him as he devised to do to his brother, and thou hast put away the evil thing out of thy midst,
20 and those who are left do hear and fear, and add not to do any more according to this evil thing in thy midst;
21 and thine eye doth not pity -- life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.
1 When Jehovah thy God hath cut off the nations whose land Jehovah thy God giveth thee, and thou hast dispossessed them, and dwellest in their cities and in their houses,
2 thou shalt separate three cities for thyself in the midst of thy land, which Jehovah thy God giveth thee to possess.
3 Thou shalt prepare thee the way, and divide the territory of thy land, which Jehovah thy God giveth thee to inherit, into three parts, so that every slayer may flee thither.
4 And this is the case of the slayer who shall flee thither that he may live: he that smiteth his neighbour unwittingly, whom he hated not previously;
5 as when he 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 from the handle, and lighteth upon his neighbour, that he die; such an one shall flee unto one of these cities, and live;
6 lest the avenger of blood pursue the manslayer, while his heart is hot, and overtake him, because the way is long, and smite him mortally; whereas he was not worthy of death, since he hated him not previously.
7 Therefore I command thee, saying, Thou shalt separate three cities for thyself.
8 And if Jehovah thy God enlarge thy border, as he hath sworn unto thy fathers, and give thee all the land which he promised to give unto thy fathers
9 (if thou keep all this commandment to do it, which I command thee this day, to love Jehovah thy God, and to walk in his ways continually), then shalt thou add three cities more for thyself to these three,
10 that innocent blood be not shed in the midst of thy land which Jehovah thy God giveth thee for an inheritance, and blood come not upon thee.
11 But if a man hate his neighbour, and lie in wait for him, and rise up against him, and smite him mortally that he die, and he flee into one of these cities,
12 then the elders of his city shall send and fetch him thence, and deliver him into the hand of the avenger of blood, that he may die.
13 Thine eye shall not spare him; and thou shalt put away innocent blood from Israel, that it may be well with thee.
14 Thou shalt not remove thy neighbour's landmark, which they of old time have fixed in thine inheritance, which thou shalt inherit in the land which Jehovah thy God giveth thee to possess.
15 One witness shall not rise up against a man for any iniquity, and for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall a matter be established.
16 If an unrighteous witness rise up against any man to testify against him of an offence;
17 then both the men between whom the controversy is shall stand before Jehovah, before the priests and the judges that shall be in those days;
18 and the judges shall make thorough inquiry; and if the witness be a false witness, and he have testified falsely against his brother,
19 then shall ye do unto him as he had thought to have done unto his brother; and thou shalt put evil away from thy midst.
20 And those that remain shall hear, and fear, and shall henceforth commit no more any such evil in thy midst.
21 And thine eye shall not spare: life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.
1 When Yahweh your God shall cut off the nations, whose land Yahweh your God gives you, and you succeed them, and dwell in their cities, and in their houses;
2 you shall set apart three cities for you in the midst of your land, which Yahweh your God gives you to possess it.
3 You shall prepare you the way, and divide the borders of your land, which Yahweh your God causes you to inherit, into three parts, that every manslayer may flee there.
4 This is the case of the manslayer, that shall flee there and live: whoever kills his neighbor unawares, and didn't hate him in time past;
5 as when a man goes into the forest with his neighbor to hew wood, and his hand fetches a stroke with the axe to cut down the tree, and the head slips from the handle, and lights on his neighbor, so that he dies; he shall flee to one of these cities and live:
6 lest the avenger of blood pursue the manslayer, while his heart is hot, and overtake him, because the way is long, and strike him mortally; whereas he was not worthy of death, inasmuch as he didn't hate him in time past.
7 Therefore I command you, saying, You shall set apart three cities for you.
8 If Yahweh your God enlarge your border, as he has sworn to your fathers, and give you all the land which he promised to give to your fathers;
9 if you shall keep all this commandment to do it, which I command you this day, to love Yahweh your God, and to walk ever in his ways; then shall you add three cities more for you, besides these three:
10 that innocent blood not be shed in the midst of your land, which Yahweh your God gives you for an inheritance, and so blood be on you.
11 But if any man hate his neighbor, and lie in wait for him, and rise up against him, and strike him mortally so that he dies, and he flee into one of these cities;
12 then the elders of his city shall send and bring him there, and deliver him into the hand of the avenger of blood, that he may die.
13 Your eye shall not pity him, but you shall put away the innocent blood from Israel, that it may go well with you.
14 You shall not remove your neighbor's landmark, which they of old time have set, in your inheritance which you shall inherit, in the land that Yahweh your God gives you to possess it.
15 One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sins: at the mouth of two witnesses, or at the mouth of three witnesses, shall a matter be established.
16 If an unrighteous witness rise up against any man to testify against him of wrong-doing,
17 then both the men, between whom the controversy is, shall stand before Yahweh, before the priests and the judges who shall be in those days;
18 and the judges shall make diligent inquisition: and, behold, if the witness is a false witness, and has testified falsely against his brother;
19 then shall you do to him, as he had thought to do to his brother: so shall you put away the evil from the midst of you.
20 Those who remain shall hear, and fear, and shall henceforth commit no more any such evil in the midst of you.
21 Your eyes shall not pity; life [shall go] for life, eye for eye, tooth for tooth, hand for hand, foot for foot.
1 When the nations, whose land the Lord your God is giving you, have been cut off by him, and you have taken their place and are living in their towns and in their houses;
2 You are to have three towns marked out in the land which the Lord your God is giving you for your heritage.
3 You are to make ready a way, and see that the land which the Lord your God is giving you for your heritage, is marked out into three parts, to which any taker of life may go in flight.
4 This is to be the rule for anyone who goes in flight there, after causing the death of his neighbour in error and not through hate;
5 For example, if a man goes into the woods with his neighbour for the purpose of cutting down trees, and when he takes his axe to give a blow to the tree, the head of the axe comes off, and falling on to his neighbour gives him a wound causing his death; then the man may go in flight to one of these towns and be safe:
6 For if not, he who has the right of punishment may go running after the taker of life in the heat of his wrath, and overtake him because the way is long, and give him a death-blow; though it is not right for him to be put to death because he was not moved by hate.
7 And so I am ordering you to see that three towns are marked out for this purpose.
8 And if the Lord your God makes wide the limits of your land, as he said in his oath to your fathers, and gives you all the land which he undertook to give to your fathers;
9 If you keep and do all these orders which I give you today, loving the Lord your God and walking ever in his ways; then let three more towns, in addition to these three, be marked out for you:
10 So that in all your land, which the Lord your God is giving you for your heritage, no man may be wrongly put to death, for which you will be responsible.
11 But if any man has hate for his neighbour, and waiting for him secretly makes an attack on him and gives him a blow causing his death, and then goes in flight to one of these towns;
12 The responsible men of his town are to send and take him, and give him up to the one who has the right of punishment to be put to death.
13 Have no pity on him, so that Israel may be clear from the crime of putting a man to death without cause, and it will be well for you.
14 Your neighbour's landmark, which was put in its place by the men of old times, is not to be moved or taken away in the land of your heritage which the Lord your God is giving you.
15 One witness may not make a statement against a man in relation to any sin or wrongdoing which he has done: on the word of two or three witnesses a question is to be judged.
16 If a false witness makes a statement against a man, saying that he has done wrong,
17 Then the two men, between whom the argument has taken place, are to come before the Lord, before the priests and judges who are then in power;
18 And the judges will have the question looked into with care: and if the witness is seen to be false and to have made a false statement against his brother,
19 Then do to him what it was his purpose to do to his brother: and so put away the evil from among you.
20 And the rest of the people, hearing of it, will be full of fear, and never again do such evil among you.
21 Have no pity; let life be given for life, eye for eye, tooth for tooth, hand for hand, foot for foot.
Worthy.Bible » Commentaries » John Gill's Exposition of the Bible » Commentary on Deuteronomy 19
Commentary on Deuteronomy 19 John Gill's Exposition of the Bible
INTRODUCTION TO DEUTERONOMY 19
This chapter contains an order to separate three cities of refuge in the land of Canaan, for such that killed a man unawares to flee to, of which those who were guilty of murder purposely were to have no benefit, Deuteronomy 19:1, a law is given against removing landmarks, Deuteronomy 19:14, and others concerning witnesses, that they should be more than one; be two, or three, Deuteronomy 19:15, and that a false witness, on conviction, should be punished, Deuteronomy 19:16.
When the Lord thy God hath cut off the nations whose land the Lord thy God giveth thee,.... The seven nations of the land of Canaan, whose destruction was of the Lord for their sins, and whose land was a gift of him that had a right to dispose of it to the children of Israel; see Deuteronomy 12:29.
and thou succeedest them, and dwellest in their cities, and in their houses; should possess their land in their stead, by virtue of the gift of it to them by the Lord, and inhabit their cities and houses built by them.
Thou shalt separate three cities for thee in the midst of thy land,.... From the cities they took possession of and dwelt in; and indeed from the cities of the Levites, which were given to them to inhabit; three were before ordered to be separated from those inhabited by the tribes of Reuben and Gad, and the half tribe of Manasseh, Deuteronomy 4:41 but these were to be in the midst of the land of Canaan; see Joshua 20:7,
which the Lord thy God giveth thee to possess it: which as it is often mentioned when this land is spoken of, so it carries in it a reason here why this order of the Lord's should be readily complied with, the whole land and all the cities of it being the gift of his to them.
Thou shalt prepare thee a way,.... A road, an highway to those cities: on the first of Adar, or February, the magistrates used to meet, and proclaimed, or ordered to be proclaimed, that the ways be repairedF18Misn. Shekalim, c. 1. sect. 1. , particularly those leading to the cities of refuge; which was done by making them smooth and plain, so that there was not an hill or dale to be seen; and by building bridges over rivers and brooks, that he might escape who had killed anyone through mistake, and not be hindered, lest the avenger of blood should overtake him and kill himF19Maimon. & Bartenora in ib. ; and therefore every obstruction was removed out of the way, that there might be a clear course for him; and at the parting of ways, or where two or more ways met, that he might not be at a loss one moment which way to take, "refuge" was written, as Jarchi and other writers observe, upon posts or pillars erected for that purpose: See Gill on Numbers 35:6,
and divide the coasts of thy land, which the Lord thy God giveth thee to inherit, in three parts; in each of which was to be a city of refuge, and those at an equal distance: so Jarchi observes, that this was done that there might be from the beginning of the border (of the land) unto the first city of the cities of refuge, according to the measure of a journey, that there is from that to the second, and so from the second to the third, and so from the third to the other border of the land of Israel: of the situation of these cities, so as to answer to those on the other side Jordan; see Gill on Numbers 35:14,
that every slayer may flee thither; to that which is nearest and most convenient for him, that is, who had slain a man unawares, as follows.
And this is the case of the slayer, which shall flee thither, that he may live,.... It was not any slayer that might have protection in these cities, but such who were thus and thus circumstanced, or whose case was as follows:
whoso killeth his neighbour ignorantly; without intention, as the Targum of Jonathan, did not design it, but was done by him unawares:
whom he hated not in time past; had never shown by words or deeds that he had any hatred of him or enmity to him three days ago; so that if there were no marks of hatred, or proofs of it three days before this happened, it was reckoned an accidental thing, and not done on purpose, as this phrase is usually interpreted; see Exodus 21:29.
As when a man goeth into the wood with his neighbour to hew wood,.... A wood is a place common to men, and cutting down wood a business which any man might do; whereas a private place, where a man had no right to be, and doing what he had no business with, rendered a case suspicious, and such a man was liable to be taken up when any affair happened of the kind here spoken of; so the Jewish writers observeF20Misn. Maccot, c. 2. sect. 2. ,"a wood is a public place for him that hurts and him that is hurt to enter there;'both had a right to go thither, the one as well as the other, he to whom the accident came, and he by whom it came; but they say, a court that belongs to a master of a house (a private court) is excepted, where there is no power or liberty for him that hurts or for him that is hurt to enter. Abba Saul says, What is hewing wood? It is what a man has a right to do, or is in his power; it is what is public and common, and not peculiar to any:
and his hand fetcheth a stroke with the axe to cut down the tree; lifts up the axe and is about to strike with it, in order to cut down the tree pitched upon by him or by his neighbour, or both:
and the head slippeth from the halve; the head of the axe from the handle of it:
or the iron from the woodF21הברזל מן העץ "ferrum e ligno", Pagninus, Montanus. ; the iron part of the axe, which is properly the head, from the wooden part, which is laid hold on by the hand; and this not being well fastened, slips and falls off as the blow is fetching, or the stroke just ready to be given:
and lighteth upon his neighbour, that he die; hits him in some part as he stands by him, which proves fatal:
he shall flee unto one of these cities, and live; be safe and secure from the avenger of blood; such an one might have the benefit of one of these cities, for, for such they were designed: the rule with the Jews is, what is done by way of descent (i.e. which comes down and lights upon a man, and is not levelled against him, or thrown up at him) he is to be exiled (or to have the benefit of a city of refuge), but what is not by way of descent, he is not to have it. Some think this is spoken of the wood which is cleaved, and not of the wood in which the iron is fixed; but the wise men say it is to be so understoodF24Misn. Maccot, c. 2. sect. 1. Maimon. & Bartenora in ib. ; in which they are right.
Lest the avenger of blood pursue the slayer,.... These words are to be connected with Deuteronomy 19:3, where it is ordered to prepare the way to the cities of refuge, and to divide the land into three parts, for the convenience of the slayer to flee thither, lest he that was next of kin, and incensed against the slayer, and determined to avenge what was done, should pursue after him:
while his heart is hot; by reason of the loss of his relation, upon which his passions being raised, his heart becomes inflamed with wrath and anger; which pushes him upon an eager and hasty pursuit of the slayer, before he sits down and coolly considers and deliberates on the affair:
and overtake him, because the way is long, and slay him; wherefore it was proper that everything should be done to make the way to these cities as easy and as short as it could be:
whereas he was not worthy of death; had not committed an action deserving of it, it being done ignorantly and without notice, as follows:
inasmuch as he hated him not in time past; See Gill on Deuteronomy 19:4.
Wherefore I command thee, saying, thou shalt separate three cities for thee. This was to be done immediately, as soon as they were settled in the land of Canaan, and established in the possession of it, the inhabitants being cut off, or driven out, or however subdued.
And if the Lord thy God enlarge thy coast,.... Extend it further than it was upon their first settlement, even carry it as far as the river Euphrates, as in the times of Solomon, 1 Kings 4:21. Jarchi interprets it of such an enlargement as to give them the land of the Kenites, the Kenizzites and Kadmonites:
(as he hath sworn unto thy fathers), and give thee all the land which he promised to give unto thy, fathers: Abraham, Isaac, and Jacob; see Genesis 15:19.
If thou shalt keep all these commandments to do them, which I command thee this day,.... A phrase often met with before, and signifies the putting in practice the several laws, moral, ceremonial, and judicial, which Moses was now making a repetition of, and enjoining the observance of them by a divine authority:
to love the Lord thy God; which is the source and spring of genuine obedience to the commands of God:
and to walk ever in his ways; noting constancy and perseverance in them; now all this is mentioned as the condition of the enlargement of their coast, which would be the case if a due and constant regard was had to the laws of God:
and then shall thou add three cities more besides these three; three more in the land of Canaan, besides the three now ordered to be separated in it, and besides the three on the other side of Jordan; so that there would have been nine in all, if these had been ever added; but that time never came: the Jews expect the addition of these three cities in the days of the MessiahF25Maimon. Hilchot Rotzeach, c. 8. sect. 4. but the Messiah is already come, and all those cities, as they were typical of him, have had their accomplishment in him the antitype of them, of which See Gill on Numbers 35:29.
That innocent blood be not shed,.... As it would be if such a slayer as before described was killed by the avenger of blood, before he could get to one of these cities of refuge, or supposing that they had not bean appointed, or a sufficient number of them:
which the Lord thy God giveth thee for an inheritance; to be enjoyed by them and their children after them, provided they did not defile it by their sins, but observed the commands of the Lord to obey them and
so blood be upon thee; the guilt of innocent blood crying for vengeance, as would be the case if such a man's blood was shed as before described; it seems as if the guilt would rather affect the whole land, for not having a proper provision of "asylums" for such persons, than the avenger of blood.
But if any man hate his neighbour,.... Has conceived enmity in his heart against him, bears him a mortal hatred, and has formed a scheme in his mind to take away his life:
and lie in wait for him knowing and expecting he will come by in such a way at such a time:
and rise up against him; out of the place where he lay in wait, just at the time he is passing by:
and smite him mortally that he die; or smite him
in soul or lifeF26נפש, "anima", Montanus, Vatablus. ; in such a part where life is in danger, and the consequence of it is that he dies:
and fleeth into one of these cities; for shelter from the avenger of blood.
Then the elders of his city shall send and fetch him thence,.... The Targum of Jonathan is,"the wise men of his city,'the sanhedrim, or court of judicature, or at least the civil magistrates of that city, to which such a murderer belonged, had a power to send to the city of refuge whither he was fled, and demand the delivering of him up to them, that his case might be tried before them, and it might appear whether he was a proper person to receive the benefit of the city of refuge or not, and if not, to pass sentence of death upon him, and see it executed as follows:
and deliver him into the hand of the avenger of blood, that he may die; that is, after the examination and trial of him, and when he is found guilty, and sentence is passed upon him, then he was to be delivered into the hands of the avenger of blood, to be the executioner of that sentence.
Thine eye shall not pity him,.... This is not said to the avenger of blood, who is not to be supposed to have any pity or compassion on such a person, but to the elders, judges, and civil magistrates of the city to which he belonged, who took cognizance of his case; these were to show him no favour on account of his being a citizen, a neighbour, a relation or friend, or a rich man, or on any account whatever; but without favour or affection were to judge him and put him to death as a murderer; see Numbers 35:21,
but thou shall put away the guilt of innocent blood from Israel; by which they would be defiled, and be liable to punishment for it; see Numbers 35:33, the Targum of Jonathan is,"shall put away those that shed innocent blood out of Israel;'put them away by death:
that it may go well with thee; with the whole land and its inhabitants, and with the city particularly, and the magistrates, and men of it, to which the murderer condemned to death belonged, being continued in the enjoyment of all temporal blessings and mercies.
Thou shalt not remove thy neighbour's landmark,.... By which one man's land is distinguished from another; for so to do is to injure a man's property, and alienate his lands to the use of another, which must be a very great evil, and render those that do it obnoxious to a curse, Deuteronomy 27:17.
which they of old have set in thine inheritance, which thou shall inherit in the land that the Lord thy God giveth thee to possess it; the land of Canaan: this is thought to refer to the bounds and limits set in the land by Eleazar and Joshua, and those concerned with them at the division of it; when not only the tribes were bounded; and distinguished by certain marks, but every man's estate, and the possession of every family in every tribe which though not as yet done when this law was made, yet, as it respects future times, might be said to be done of old, whenever there was any transgression of it, which it cannot be supposed would be very quickly done; and it is a law not only binding on the inhabitants of the land of Canaan, but all others, it being agreeably to the light and law of nature, and which was regarded among the Heathens, Proverbs 22:28.
One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth,.... Whether capital sins, or pecuniary debts; or whatsoever sins a man may be guilty of whether sins against the first or second table of the law, whether greater or lesser sins, whether in moral or civil things; the Jews except only in the case of a woman suspected of adultery and of beheading the heifer:
at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established; either for acquittance or condemnation; and the witnesses may not, as Jarchi says, write their testimony in a letter, and send it to the sanhedrim, nor may an interpreter stand between the witnesses and the judges; See Gill on Deuteronomy 17:6.
If a false witness rise up against any man,.... In a court of judicature:
to testify against him: that which is not true of him, let it be in what case it will; Aben Ezra instances in idolatry, but it holds good of any other.
Then both the men between whom the controversy is,.... The man that bears the false witness, and the man against whom it is borne:
shall stand before the Lord; as in the presence of him, the omniscient God, and as represented by judges and civil magistrates, whose vicegerents they are; so it seems to be explained in the next words, which are exegetical of these:
before the priests and the judges which shall be in those days; which shall compose the sanhedrim, or court of judicature; and this seems to confirm it, that by priest and judge, in Deuteronomy 17:9 are meant priests and judges; Jarchi says, this Scripture speaks of witnesses, that is, of the false witness that testifies wrong against a man, and another that contradicts his testimony, and teaches that there is no witness by women; and so it is elsewhere saidF1Misn. Shebuot, c. 4. sect. 1. , an oath of witness is made by men, and not by women; on which it is observedF2Bartenora in ib. that a woman is not fit to bear witness, as it is written:
then both the men,.... men and not women; and the above writer remarks further, that it teaches that they ought to bear testimony standing.
And the judges shall make diligent inquisition,.... Into the case before them, into the nature of the evidence and proof that each witness brings for or against; so the Targum of Jonathan,"the judges shall interrogate the witness, by whom these things are said, well;'shall thoroughly examine the testimony given, and look carefully into it:
and, behold, if the witness be a false witness, and hath testified falsely against his brother; it appears plainly by full evidence that he has testified a falsehood of him.
Then shall ye do unto him as he had thought to have done unto his brother,.... Inflict the same fine or punishment on him he thought to have brought his brother under by his false testimony of him; whether any pecuniary fine, or whipping and scourging, or the loss of a member, or the value of it, or death itself; whether stoning, strangling, burning, or killing with the sword: though, in the case of accusing a priest's daughter of adultery, as Jarchi observes, such were not to be burnt, as would have been her case if proved, but strangled:
so shalt thou put the evil away from among you; the evil man that bears a false testimony of his brother, or the guilt of sin which would be incurred by conniving at him.
And those which remain shall hear, and fear,.... Those which survive the false witness shall hear of the punishment inflicted on him, and fear to commit the like sin, lest they should be punished in like manner.
And thine eye shall not pity,.... The false witness when convicted; this is directed to the judges, who should not spare such an one through favour or affection, but pronounce a righteous sentence on him, and see it executed, in proportion to the crime, and that according to the law of retaliation:
but life shall go for life; in such a case where the life of a person must have gone, if the falsehood of the testimony had not been discovered, the false witness must suffer death; in other cases, where a member would have been lost, or the price of it paid for, the same penalty was to be inflicted:
eye for eye, tooth for tooth, hand for hand, foot for foot; that is, the price of an eye an eye, &c. see Exodus 21:23.