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 neighbour ignorantly, whom he hated not in time past;
5 As when a man 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 head slippeth from the helve, and lighteth upon his neighbour, 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 neighbour, 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 neighbour'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.
h.תכין לך הדרך THOU SHALT PREPARE THEE A WAY — “Refuge!” “Refuge!” was inscribed at each crossroad (to point the way to the nearest city of refuge) (Makkot 10b).
h.ושלשת את גבול ארצך AND THOU SHALT DIVIDE THE TERRITORY OF THY LAND … INTO THREE PARTS — so that from the point where the boundary begins unto the first city of refuge there should be the same length of journey as there is from it to the second city; and that there should be the same distance from the second to the third and from the third to the other (opposite) boundary of the Land of Israel (Makkot 9b).
h.ונדחה ידו AND HIS HAND MOVED (SLIPPED) when he was about to let the axe fall upon the tree. The Targum rendering is ותתמריג ידה, the meaning being, “his hand moved itself to let the stroke of the axe fall upon the tree”. The words (II Samuel 6:6) כי שמטו הבקר are rendered in Targum Jonathan on by: ארי מרגוהי תוריא “for the oxen moved it (the Ark)”
h.ונשל הברזל מן העץ — Some of our Rabbis say that this means that the iron (axe) flew off from its handle (העץ); but some of them say that it means that the iron made a splinter of wood fall off from the tree which was being chopped, and it sprang off and killed him (according to this explanation the word העץ in both cases refers to the tree) (Makkot 7b).
h.פן ירדף גאל הדם LEST THE AVENGER OF THE BLOOD PURSUE [THE SLAYER] — therefore I tell you to prepare the way for you and [to prepare] many cities of refuge.
h.ואם ירחיב … כאשר נשבע AND IF [THE LORD THY GOD] ENLARGE [THY TERRITORY], AS HE HATH SWORN [UNTO THY FATHERS] to give thee the land of the Kenite, the Kenizzite and the Kadmonite (Sifrei Devarim 184:3).
h.ויספת לך עוד שלש THEN THOU SHALT ADD THREE [CITIES] MORE FOR THEE — Thus you have nine altogether: the three on the east side of the Jordan, the three in the land of Canaan and three more in the future to come when God will enlarge thy territory (Sifrei Devarim 185:1).
h.וכי יהיה איש שנא לרעהו BUT IF A MAN HATE HIS FELLOW [AND LIE IN WAIT FOR HIM] — It is through his hatred that he comes to such a point as to “lie in wait for him”. From here they (the Rabbis) derived their statement: If a man transgresses a light command he will in the end transgress a weighty command; — because he transgressed the command (Leviticus 19:17) “Thou shalt not hate thy brother in thine heart”, he will in the end come to such a point as to shed blood. It is for this reason that it is stated here, apparently redundantly, “but if a man hate his fellow [and lie in wait for him]”, for it ought to have written only: “But if a man rise up and lie in wait for his fellow and smite him mortally” (Sifrei Devarim 186:2).
h.לא תחוס עינך THINE EYE SHALL NOT PITY [HIM] — i.e. that thou shall not say, The first (the one) person has already been killed, why should we kill this also, so that two Israelites will be killed? (Sifrei Devarim 187:7).
h.לא תסיג גבול THOU SHALT NOT REMOVE [THY FELLOW-MAN’S] LANDMARK — תסיג is of the same meaning as (Isaiah 42:17) “they are turned back (נסגו אחור)”. The meaning is, that one moves the mark that shows the division of the land (i.e. the division between two adjoining fields) backwards into the field of his neighbour in order thereby to enlarge his own. — But does it not already state. (Leviticus 19:13) “Thou shalt not rob”, why, then, is it also commanded “Thou shalt not remove the landmark”? It teaches that one who obliterates his neighbour’s border line transgresses two negative commands (לא תגזול and לא תסיג). One might think that this is the case also if one does so outside the Land of Israel! Scripture, however, states, “in thine inheritance which thou shalt inherit [in the land]”;— thus in the Land of Israel one who does this transgresses two negative commands, whilst outside the Land he transgresses only the command of לא תגזול (Sifrei Devarim 188:1-2).
h.עד אחד ONE WITNESS [SHALL NOT RISE UP AGAINST A MAN FOR ANY INIQUITY] — This is the classic passage from which the general principle is derived that wherever the term “witness” (עד) occurs in the Torah, it means two witnesses, unless it specifically mentions in connection with it the word אחד (Sanhedrin 30a).
h.לכל עון ולכל חטאת [ONE WITNESS SHALL NOT RISE UP AGAINST A PERSON] FOR ANY INIQUITY OR ANY SIN — i.e. that his fellow man should be punished on account of his evidence either by bodily punishment or by a monetary punishment; but he may rise up against his fellow men to compel him to take an oath. If, for instance, one says to his fellow, “Return me the maneh which I lent you”, and he replies “I have nothing of yours in my possession”, and one witness testifies that he has, he (the defendant) must take an oath to satisfy him (Shevuot 40a; cf. Sifrei Devarim 188:9).
h.על פי שני עדים [AT THE MOUTH OF TWO WITNESSES… SHALL THE MATTER BE ESTABLISHED] — at their mouth, but not that they may write their evidence down in a letter and send it to the court, nor that an interpreter stand between the witnesses and the judges (Sifrei Devarim 188:10).
h.לענות בו סרה [IF A WITNESS FOR VIOLENCE RISE UP AGAINST A MAN] TO TESTIFY AGAINST HIM סרה — i.e. a thing which does not exist at all; this term is used because this witness is far removed (הוסר) from having anything to do with this testimony. How is this? (Give an example of such a case)?! That two other witnesses say, “But were you not with us on that day (when you say you saw the defendant committing this crime) in such and such a place (different from that where the alleged crime, according to you, has taken place)?!” (Makkot 5a).
h.ועמדו שני האנשים THEN BOTH THE MEN… SHALL STAND [BEFORE THE LORD] — Scripture here is referring to the witnesses, and teaches firstly that no evidence is valid when given by women, and teaches secondly that they (the witnesses) must submit their testimony while standing (Shevuot 30a; cf. Sifrei Devarim 190:1-3).
h.אשר להם הריב BETWEEN WHOM THE STRIFE IS — this refers to the contestants (Sanhedrin 19a).
h.'לפני ה BEFORE THE LORD — It should seem to them as though they are standing before the Omnipresent God, for it is said, (Psalms 82:1) “He (God) judges amongst the judges” (cf. Sifrei Devarim 190:5; Sanhedrin 6b).
h.אשר יהיו בימים ההם [AND THEY… SHALL STAND BEFORE… THE JUDGES] WHO SHALL BE IN THOSE DAYS — The apparently redundant words “who shall be in those days” suggest: Jephthah in his generation must be regarded as was Samuel in his generation: you must treat him with respect (Rosh Hashanah 25b; cf. Rashi on Deuteronomy 17:9 and Deuteronomy 26:3).
h.ודרשו השפטים היטב AND THE JUDGES SHALL DILIGENTLY ENQUIRE concerning the statement of those who assert them (the first witnesses) to be “plotting witnesses”, in that they investigate and crossexamine those who assert them to be “plotting witnesses” by diligent enquiry and scrutiny.
h.והנה עד שקר העד AND, BEHOLD, IF THE WITNESS BE A FALSE WITNESS — Wherever עד is written, [except if the numeral אחד, “one” is added (cf. Rashi on v. 15)], Scripture is speaking of two witnesses (Sanhedrin 30a).
h.כאשר זמם [THEN SHALL YE DO UNTO HIM] AS HE HAD INTENDED TO HAVE DONE [UNTO HIS BROTHER] — as he had intended to do, but not as he has done! Hence they (the Rabbis) stated that if they (the false witnesses) have already killed (i.e. if by their evidence the defendant has already been executed) they are not put to death (Makkot 5b).
h.לעשות לאחיו [THEN SHALL YE DO UNTO HIM AS HE HAD INTENDED] TO HAVE DONE TO HIS BROTHER — What is the force of לאחיו? Would it not have sufficed to state כאשר זמם לעשות? But it teaches in regard to witnesses who have been proved to have “plotted” against a married daughter of a priest by an accusation of adultery, that they are not to be punished with burning (as would have been the punishment of the accused woman, if she had been found guilty), but with the death penalty to which the alleged adulterer would have been subject, which is strangulation. For it is said of such a woman, (Leviticus 21:9) “she shall be burnt to death” — ‘‘she”, but not her paramour (he is not burnt but strangled) — therefore it states here לאחיו, “unto his brother” — ‘‘[ye shall do unto him] as he had intended to have done to his brother” but not as he had intended to have done to his sister. This case, however, is an exception, but with regard to any other death penalties Scripture puts women on the same level with men, and consequently those who are proved to have “plotted” against a woman are made to suffer the same death penalty as those who are proved to have “plotted” against a man. For instance, they have testified against her that she killed a person, or that she desecrated the Sabbath, then they are made to suffer the death she would have suffered, for Scripture excludes here by the word אחיו the “plotting” witnesses from the death penalty of the sister (i.e. which the woman would have suffered) only because it is a case where the law regarding plotting witnesses can be applied to them by letting them suffer the death-penalty of the paramour (Sifrei Devarim 190:14; Sanhedrin 90a).
h.ישמעו ויראו [AND THOSE WHO REMAIN] SHALL HEAR AND FEAR — From here we derive the law that a public announcement is required: “The men named so-and-so are to be executed because they have been convicted by the court as “plotting witnesses” (Sanhedrin 89a).
h.עין בעין EYE FOR EYE — i.e. monetary compensation; similarly also “tooth for tooth” etc. (Sifrei Devarim 190:16; Bava Kamma 87a; cf. also Rashi on Exodus 21:24).