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
These six H8337 cities H5892 shall be a refuge, H4733 both for the children H1121 of Israel, H3478 and for the stranger, H1616 and for the sojourner H8453 among H8432 them: that every one that killeth H5221 any person H5315 unawares H7684 may flee H5127 thither. And if he smite H5221 him with an instrument H3627 of iron, H1270 so that he die, H4191 he is a murderer: H7523 the murderer H7523 shall surely H4191 be put to death. H4191 And if he smite H5221 him with throwing H3027 a stone, H68 wherewith he may die, H4191 and he die, H4191 he is a murderer: H7523 the murderer H7523 shall surely H4191 be put to death. H4191 Or if he smite H5221 him with an hand H3027 weapon H3627 of wood, H6086 wherewith he may die, H4191 and he die, H4191 he is a murderer: H7523 the murderer H7523 shall surely H4191 be put to death. H4191 The revenger H1350 of blood H1818 himself shall slay H4191 the murderer: H7523 when he meeteth H6293 him, he H1931 shall slay H4191 him. But if he thrust H1920 him of hatred, H8135 or hurl H7993 at him by laying of wait, H6660 that he die; H4191 Or in enmity H342 smite H5221 him with his hand, H3027 that he die: H4191 he that smote H5221 him shall surely H4191 be put to death; H4191 for he is a murderer: H7523 the revenger H1350 of blood H1818 shall slay H4191 the murderer, H7523 when he meeteth H6293 him. But if he thrust H1920 him suddenly H6621 without H3808 enmity, H342 or have cast H7993 upon him any thing H3627 without laying of wait, H6660 Or with any stone, H68 wherewith a man may die, H4191 seeing H7200 him not, H3808 and cast H5307 it upon him, that he die, H4191 and was not his enemy, H341 neither sought H1245 his harm: H7451 Then the congregation H5712 shall judge H8199 between the slayer H5221 and the revenger H1350 of blood H1818 according to these judgments: H4941
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
Yet there shall be a space H7350 between you and it, about two thousand H505 cubits H520 by measure: H4060 come not near H7126 unto it, that ye may know H3045 the way H1870 by which ye must go: H3212 for ye have not passed H5674 this way H1870 heretofore. H8543 H8032
And moreover in time H8543 past, H8032 even when Saul H7586 was king, H4428 thou wast he that leddest out H3318 and broughtest in H935 Israel: H3478 and the LORD H3068 thy God H430 said H559 unto thee, Thou shalt feed H7462 my people H5971 Israel, H3478 and thou shalt be ruler H5057 over my people H5971 Israel. H3478
For Tophet H8613 is ordained H6186 of old; H865 yea, for the king H4428 it is prepared; H3559 he hath made it deep H6009 and large: H7337 the pile H4071 thereof is fire H784 and much H7235 wood; H6086 the breath H5397 of the LORD, H3068 like a stream H5158 of brimstone, H1614 doth kindle H1197 it.
Worthy.Bible » Commentaries » Keil & Delitzsch Commentary » Commentary on Deuteronomy 19
Commentary on Deuteronomy 19 Keil & Delitzsch Commentary
Laws Concerning the Cities of Refuge, the Sacredness of Landmarks,and the Punishment of False Witnesses - Deuteronomy 19
After laying down the most important features in the national constitution, Moses glances at the manifold circumstances of civil and family life, and notices in this and the two following chapters the different ways in which the lives of individuals might be endangered, for the purpose of awakening in the minds of the people a holy reverence for human life.
The laws concerning the Cities of Refuge for Unintentional Manslayers are not a mere repetition of the laws given in Num 35:9-34, but rather an admonition to carry out those laws, with special reference to the future extension of the boundaries of the land.
Deuteronomy 19:1-9
As Moses had already set apart the cities of refuge for the land on the east of the Jordan (Deuteronomy 4:41.), he is speaking here simply of the land on the west, which Israel was to take possession of before long; and supplements the instructions in Numbers 35:14, with directions to maintain the roads to the cities of refuge which were to be set apart in Canaan itself, and to divide the land into three parts, viz., for the purpose of setting apart these cities, so that one city might be chosen for the purpose in every third of the land. For further remarks on this point, as well as with regard to the use of these cities (Deuteronomy 19:4-7), see at Numbers 35:11. - In Deuteronomy 19:8-10 there follow the fresh instructions, that if the Lord should extend the borders of Israel, according to His promise given to the patriarchs, and should give them the whole land from the Nile to the Euphrates, according to Genesis 15:18, they were to add three other cities of refuge to these three, for the purpose of preventing the shedding of innocent blood. The three new cities of refuge cannot be the three appointed in Numbers 35:14 for the land on this side of the Jordan, nor the three mentioned in Numbers 35:7 on the other side of Jordan, as Knobel and others suppose. Nor can we adopt Hengstenberg's view, that the three new ones are the same as the three mentioned in Deuteronomy 19:2 and Deuteronomy 19:7, since they are expressly distinguished from “ these three.” The meaning is altogether a different one. The circumstances supposed by Moses never existed, since the Israelites did not fulfil the conditions laid down in Deuteronomy 19:9, viz., that they should keep the law faithfully, and love the Lord their God (cf. Deuteronomy 4:6; Deuteronomy 6:5, etc.). The extension of the power of Israel to the Euphrates under David and Solomon, did not bring the land as far as this river into their actual possession, since the conquered kingdoms of Aram were still inhabited by the Aramaeans, who, though conquered, were only rendered tributary. And the Tyrians and Phoenicians, who belonged to the Canaanitish population, were not even attacked by David.
Deuteronomy 19:10
Innocent blood would be shed if the unintentional manslayer was not protected against the avenger of blood, by the erection of cities of refuge in every part of the land. If Israel neglected this duty, it would bring blood-guiltiness upon itself (“ and so blood be upon thee ”), because it had not done what was requisite to prevent the shedding of innocent blood.
Deuteronomy 19:11-13
But whatever care was to be taken by means of free cities to prevent the shedding of blood, the cities of refuge were not to be asyla for criminals who were deserving of death, nor to afford protection to those who had slain a neighbour out of hatred. If such murderers should flee to the free city, the elders (magistrates) of his own town were to fetch him out, and deliver him up to the avenger of blood, that he might die. The law laid down in Numbers 35:16-21 is here still more minutely defined; but this does not transfer to the elders the duty of instituting a judicial inquiry, and deciding the matter, as Riehm follows Vater and De Wette in maintaining, for the purpose of proving that there is a discrepancy between Deuteronomy and the previous legislation. They are simply commanded to perform the duty devolving upon them as magistrates and administrators of local affairs. (On Deuteronomy 19:13, see Deuteronomy 8:8 and Deuteronomy 8:5.)
The prohibition against Removing a Neighbour's Landmark, which his ancestors had placed, is inserted here, not because landmarks were of special importance in relation to the free cities, and the removal of them might possibly be fatal to the unintentional manslayer (as Clericus and Rosenm
The Punishment of a False Witness. - To secure life and property against false accusations, Moses lays down the law in Deuteronomy 19:15, that one witness only was not “to rise up against any one with reference to any crime or sin, with every sin that one commits” (i.e., to appear before a court of justice, or be accepted as sufficient), but everything was to be established upon the testimony of two or three witnesses. The rule laid down in Deuteronomy 17:6 and Numbers 35:30 for capital crimes, is raised hereby into a law of general application (see at Numbers 35:30). קוּם (in Deuteronomy 19:15 ), to stand, i.e., to acquire legal force. - But as it was not always possible to bring forward two or three witnesses, and the statement of one witness could not well be disregarded, in Deuteronomy 19:16-18 Moses refers accusations of this kind to the higher tribunal at the sanctuary for investigation and decision, and appoints the same punishment for a false witness, which would have fallen upon the person accused, if he had been convicted of the crime with which he was charged. סרה בּו לענות , “ to testify against his departure ,” sc., from the law of God, not merely falling away into idolatry (Deuteronomy 13:6), but any kind of crime, as we may gather from Deuteronomy 19:19, which would be visited with capital punishment.
The two men between whom the dispute lay, the accused and the witness, were to come before Jehovah, viz., before the priests and judges who should be in those days - namely, at the place of the sanctuary, where Jehovah dwelt among His people (cf. Deuteronomy 17:9), and not before the local courts, as Knobel supposes. These judges were to investigate the case most thoroughly (cf. Deuteronomy 13:15); and if the witness had spoken lies, they were to do to him as he thought to do to his brother. The words from “ behold ” to “ his brother ” are parenthetical circumstantial clauses: “ And, behold, is the witness a false witness, has he spoken a lie against his brother? Ye shall do, ” etc. זמם , generally to meditate evil. On Deuteronomy 19:20, see Deuteronomy 13:12.
The lex talionis was to be applied without reserve (see at Exodus 21:23; Leviticus 24:20). According to Diod. Sic. (i. 77), the same law existed in Egypt with reference to false accusers.