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Cities for the Levites

In the plains of Moab by the Jordan at Jericho, the L ord spoke to Moses, saying: ²Command the Israelites to give, from the inheritance that they possess, towns for the Levites to live in; you shall also give to the Levites pasture lands surrounding the towns. ³The towns shall be theirs to live in, and their pasture lands shall be for their cattle, for their livestock, and for all their animals. ⁴The pasture lands of the towns, which you shall give to the Levites, shall reach from the wall of the town outward a thousand cubits all around. ⁵You shall measure, outside the town, for the east side two thousand cubits, for the south side two thousand cubits, for the west side two thousand cubits, and for the north side two thousand cubits, with the town in the middle; this shall belong to them as pasture land for their towns.

⁶ The towns that you give to the Levites shall include the six cities of refuge, where you shall permit a slayer to flee, and in addition to them you shall give forty-two towns. ⁷The towns that you give to the Levites shall total forty-eight, with their pasture lands. ⁸And as for the towns that you shall give from the possession of the Israelites, from the larger tribes you shall take many, and from the smaller tribes you shall take few; each, in proportion to the inheritance that it obtains, shall give of its towns to the Levites.

Cities of Refuge

⁹ The L ord spoke to Moses, saying: ¹⁰Speak to the Israelites, and say to them: When you cross the Jordan into the land of Canaan, ¹¹then you shall select cities to be cities of refuge for you, so that a slayer who kills a person without intent may flee there. ¹²The cities shall be for you a refuge from the avenger, so that the slayer may not die until there is a trial before the congregation.

¹³ The cities that you designate shall be six cities of refuge for you: ¹⁴you shall designate three cities beyond the Jordan, and three cities in the land of Canaan, to be cities of refuge. ¹⁵These six cities shall serve as refuge for the Israelites, for the resident or transient alien among them, so that anyone who kills a person without intent may flee there.

Concerning Murder and Blood Revenge

¹⁶ But anyone who strikes another with an iron object, and death ensues, is a murderer; the murderer shall be put to death. ¹⁷Or anyone who strikes another with a stone in hand that could cause death, and death ensues, is a murderer; the murderer shall be put to death. ¹⁸Or anyone who strikes another with a weapon of wood in hand that could cause death, and death ensues, is a murderer; the murderer shall be put to death. ¹⁹The avenger of blood is the one who shall put the murderer to death; when they meet, the avenger of blood shall execute the sentence. ²⁰Likewise, if someone pushes another from hatred, or hurls something at another, lying in wait, and death ensues, ²¹or in enmity strikes another with the hand, and death ensues, then the one who struck the blow shall be put to death; that person is a murderer; the avenger of blood shall put the murderer to death, when they meet.

²² But if someone pushes another suddenly without enmity, or hurls any object without lying in wait, ²³or, while handling any stone that could cause death, unintentionally drops it on another and death ensues, though they were not enemies, and no harm was intended, ²⁴then the congregation shall judge between the slayer and the avenger of blood, in accordance with these ordinances; ²⁵and the congregation shall rescue the slayer from the avenger of blood. Then the congregation shall send the slayer back to the original city of refuge. The slayer shall live in it until the death of the high priest who was anointed with the holy oil. ²⁶But if the slayer shall at any time go outside the bounds of the original city of refuge, ²⁷and is found by the avenger of blood outside the bounds of the city of refuge, and is killed by the avenger, no bloodguilt shall be incurred. ²⁸For the slayer must remain in the city of refuge until the death of the high priest; but after the death of the high priest the slayer may return home.

²⁹ These things shall be a statute and ordinance for you throughout your generations wherever you live.

³⁰ If anyone kills another, the murderer shall be put to death on the evidence of witnesses; but no one shall be put to death on the testimony of a single witness. ³¹Moreover you shall accept no ransom for the life of a murderer who is subject to the death penalty; a murderer must be put to death. ³²Nor shall you accept ransom for one who has fled to a city of refuge, enabling the fugitive to return to live in the land before the death of the high priest. ³³You shall not pollute the land in which you live; for blood pollutes the land, and no expiation can be made for the land, for the blood that is shed in it, except by the blood of the one who shed it. ³⁴You shall not defile the land in which you live, in which I also dwell; for I the L ord dwell among the Israelites.

New Revised Standard Version Bible, copyright 1989, Division of Christian Education of the National Council of the Churches of Christ in the United States of America. Used by permission. All rights reserved.

16. And if he smite him with an instrument of iron. God appears to contradict Himself, when, a little further on, He absolves involuntary murderers, although they may have inflicted the wound with iron or with a stone; whilst here He absolutely declares that whosoever shall smite another with wood, or iron, or a stone, shall be guilty of death; but this is easily explained if we consider his meaning; for, after having pardoned the unintentional act (errori,) lest ⁵³⁵³ “De peur que cela ne tirast trop longue queue, et que les criminels en fissent couverture d’impunite, il exprime notamment les facons de tuer plus communes, quand on y va de guet-a-pens. Ainsi en nommant les instrumens, qui sont destinez, ou qu’on applique a mal faire,” etc.; for fear this should be carried too far, and that criminals should make it a ground for impunity, he expressly mentions the more ordinary kinds of deliberate murder. Thus, by naming the instruments, which are intended, or used for inflicting injuries, etc. — Fr. any should misconstrue this as affording impunity for crime, He at once anticipates them, and again inculcates what has been said before. By the express mention of iron, wood, and stone, He more dearly explains that no voluntary murders are to be pardoned; else, as laws are wont to be evaded by various subtleties, they would have endeavored, perhaps, to limit what had been said respecting the punishment of murderers to one single species of murder, viz., when a person had been slain with a sword. It is not, then, without cause that God condemns to death every kind of murderer, whether he have committed the crime with a weapon (of iron,) or by throwing a stone, or with a dub; since it is sufficient for his condemnation that he had conceived the intention to do the evil act. It is well known that ⁵⁴⁵⁴ Vide Digest. 48, tit. 8. In legem Corneliam de Sicariis, et Veneficiis, 1 Section 3. “Divus Hadrianus rescripsit, eum, qui hominem occidit, si non occidendi animo hoc admisit, absolvi posse: et qui hominem non occidit, sed vulneravit ut occidat, pro homicida damnandum: et ex re constituendum hoc.” — Ibid., 11 “Ulpianus, lib. 8, ad legem Juliam, et Papiam. Nihil interest, occidat quis, an causam mortis praebeat.” Vide item, Julii Pauli Recept. Sentent., lib. 5, tit. 23, Section 2. “Qui hominem occiderit, aliquando absolvitur. Et qui non occidit, in homicida damnatur. Consilium enim uniuscujusque, non factum puniendum est. Ideoque qui cum velit occidere, id casu aliquo perpetrare non potuerit, ut homicida punietur. Et is, qui casu jactu teli hominem imprudenter occiderit, absolvitur.” by the Lex Cornelia, whosoever had carried a weapon with the intention of killing a man was guilty; and Martianus cites the reply of Adrian, — He who has killed a man, if he did it not with the intention of killing him, may be absolved; and he who has not killed a man, but has wounded him with intention to kill him, is to be condemned as a murderer; as Paulus also teaches, that in the said Lex Cornelia, the evil intention (dolus) is taken for the deed. Another reply of Adrian is very true, That in crimes, the will and not the result must be regarded. Whence that saying of Ulpian, That there is no difference between the man who kills, and him who causes the death of another. Here, therefore, God had no other object than to cut off from murderers all handles for subterfuge, if they should be convicted of a wicked intention, especially when it resulted in an actual attempt; since there was no difference whether they had made use of a sword, or a mallet, or a stone.

⁵³ “De peur que cela ne tirast trop longue queue, et que les criminels en fissent couverture d’impunite, il exprime notamment les facons de tuer plus communes, quand on y va de guet-a-pens. Ainsi en nommant les instrumens, qui sont destinez, ou qu’on applique a mal faire,” etc.; for fear this should be carried too far, and that criminals should make it a ground for impunity, he expressly mentions the more ordinary kinds of deliberate murder. Thus, by naming the instruments, which are intended, or used for inflicting injuries, etc. — Fr.

⁵⁴ Vide Digest. 48, tit. 8. In legem Corneliam de Sicariis, et Veneficiis, 1 Section 3. “Divus Hadrianus rescripsit, eum, qui hominem occidit, si non occidendi animo hoc admisit, absolvi posse: et qui hominem non occidit, sed vulneravit ut occidat, pro homicida damnandum: et ex re constituendum hoc.” — Ibid., 11 “Ulpianus, lib. 8, ad legem Juliam, et Papiam. Nihil interest, occidat quis, an causam mortis praebeat.” Vide item, Julii Pauli Recept. Sentent., lib. 5, tit. 23, Section 2. “Qui hominem occiderit, aliquando absolvitur. Et qui non occidit, in homicida damnatur. Consilium enim uniuscujusque, non factum puniendum est. Ideoque qui cum velit occidere, id casu aliquo perpetrare non potuerit, ut homicida punietur. Et is, qui casu jactu teli hominem imprudenter occiderit, absolvitur.”