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1 And the Lord spake unto Moses in the plains of Moab by Jordan near Jericho, saying,

2 Command the children of Israel, that they give unto the Levites of the inheritance of their possession cities to dwell in; and ye shall give also unto the Levites suburbs for the cities round about them.

3 And the cities shall they have to dwell in; and the suburbs of them shall be for their cattle, and for their goods, and for all their beasts.

4 And the suburbs of the cities, which ye shall give unto the Levites, shall reach from the wall of the city and outward a thousand cubits round about.

5 And ye shall measure from without the city on the east side two thousand cubits, and on the south side two thousand cubits, and on the west side two thousand cubits, and on the north side two thousand cubits; and the city shall be in the midst: this shall be to them the suburbs of the cities.

6 And among the cities which ye shall give unto the Levites there shall be six cities for refuge, which ye shall appoint for the manslayer, that he may flee thither: and to them ye shall add forty and two cities.

7 So all the cities which ye shall give to the Levites shall be forty and eight cities: them shall ye give with their suburbs.

8 And the cities which ye shall give shall be of the possession of the children of Israel: from them that have many ye shall give many; but from them that have few ye shall give few: every one shall give of his cities unto the Levites according to his inheritance which he inheriteth.

9 And the Lord spake unto Moses, saying,

10 Speak unto the children of Israel, and say unto them, When ye be come over Jordan into the land of Canaan;

11 Then ye shall appoint you cities to be cities of refuge for you; that the slayer may flee thither, which killeth any person at unawares.

12 And they shall be unto you cities for refuge from the avenger; that the manslayer die not, until he stand before the congregation in judgment.

13 And of these cities which ye shall give six cities shall ye have for refuge.

14 Ye shall give three cities on this side Jordan, and three cities shall ye give in the land of Canaan, which shall be cities of refuge.

15 These six cities shall be a refuge, both for the children of Israel, and for the stranger, and for the sojourner among them: that every one that killeth any person unawares may flee thither.

16 And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death.

17 And if he smite him with throwing a stone, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death.

18 Or if he smite him with an hand weapon of wood, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death.

19 The revenger of blood himself shall slay the murderer: when he meeteth him, he shall slay him.

20 But if he thrust him of hatred, or hurl at him by laying of wait, that he die;

21 Or in enmity smite him with his hand, that he die: he that smote him shall surely be put to death; for he is a murderer: the revenger of blood shall slay the murderer, when he meeteth him.

22 But if he thrust him suddenly without enmity, or have cast upon him any thing without laying of wait,

23 Or with any stone, wherewith a man may die, seeing him not, and cast it upon him, that he die, and was not his enemy, neither sought his harm:

24 Then the congregation shall judge between the slayer and the revenger of blood according to these judgments:

25 And the congregation shall deliver the slayer out of the hand of the revenger of blood, and the congregation shall restore him to the city of his refuge, whither he was fled: and he shall abide in it unto the death of the high priest, which was anointed with the holy oil.

26 But if the slayer shall at any time come without the border of the city of his refuge, whither he was fled;

27 And the revenger of blood find him without the borders of the city of his refuge, and the revenger of blood kill the slayer; he shall not be guilty of blood:

28 Because he should have remained in the city of his refuge until the death of the high priest: but after the death of the high priest the slayer shall return into the land of his possession.

29 So these things shall be for a statute of judgment unto you throughout your generations in all your dwellings.

30 Whoso killeth any person, the murderer shall be put to death by the mouth of witnesses: but one witness shall not testify against any person to cause him to die.

31 Moreover ye shall take no satisfaction for the life of a murderer, which is guilty of death: but he shall be surely put to death.

32 And ye shall take no satisfaction for him that is fled to the city of his refuge, that he should come again to dwell in the land, until the death of the priest.

33 So ye shall not pollute the land wherein ye are: for blood it defileth the land: and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it.

34 Defile not therefore the land which ye shall inhabit, wherein I dwell: for I the Lord dwell among the children of Israel.

h.ומגרש AND OPEN LAND — an area consisting of an open space round about the city outside it, serving to beautify the city. It was not permitted to build houses there nor to plant vineyards nor to sow a plantation (cf. Arakhin 33b).

h.ולכל חיתם means FOR ALL THEIR NEEDS (the needs of their life; it does not mean for their animals) (Nedarim 81a).

h.אלף אמה סביב A THOUSAND CUBITS ROUND ABOUT — But afterwards, (v. 5) it says, “two thousand cubits”!? How can that be? They assign two thousand for them (for the Levites) round about their cities, and of these, the innermost thousand serves as the “open space” and the outermost is for fields and vineyards (Sotah 27b).

h.והקריתם — This verb קרה (in the Hiphil) denotes “preparing”. Similarly it says, (Genesis 27:20) “Because the Lord thy God made it ready (הקרה) before me”(Sifrei Bamidbar 159:4).

h.מגאל — [AND THE CITIES SHALL BE UNTO YOU AS A REFUGE] מגאל — i.e. as a refuge on account of the avenger of blood, — he who is the near relative of the murdered man.

h.שש ערי מקלט [AND AS TO THE CITIES WHICH YOU SHALL GIVE] SIX CITIES OF REFUGE (THERE SHALL BE FOR YOU] — This tells us that although Moses during his life-time set aside three cities on that side of the Jordan (Deuteronomy 4:41), they did not provide refuge until the three had been chosen which Joshua assigned in the land of Canaan on the west side of the Jordan (Sifrei Bamidbar 160:2; Makkot 9b).

h.את שלש הערים וגו׳ THE THREE CITIES [YE SHALL GIVE ON THIS SIDE OF THE JORDAN etc.] — Although in the land of Canaan there were nine tribes and here (on the east side of the Jordan) there were only two and a half, it (Scripture) gives them (the latter) the same number of cities of refuge, because in Gilead (on the east side) murderers were more numerous, as it is written, (Hosea 6:8): “Gilead is a city of them that work iniquity, it is covered with footprints of blood” (Makkot 9b; cf. Sifrei Bamidbar 160:2).

h.ואם בכלי ברזל הכהו BUT IF HE SMOTE HIM WITH AN INSTRUMENT OF IRON — This is not speaking of one who kills inadvertently, who is mentioned near this (in the preceding verse), but of one who kills intentionally; and its purpose is to teach us that with whatever instrument one kills, it is necessary that it must have a size sufficient to cause death, because in the case of all of them (vv. 17, 18) it is said, אשר ימות “[an instrument] by which one may die”, the Hebrew of which we translate in the Targum by, “[an instrument] which is of such a size that one may die through it” — in the case of all, except in that of iron, because it is manifest and known to the Holy One, blessed be He, that iron kills whatever size it may be (however small it is), even a needle. Therefore the Torah does not assign a size to it by writing,אשר ימות בה (Sifrei Bamidbar 160:3; Sanhedrin 76b). And if you say that Scripture is speaking of one who kills inadvertently, — but surely it says lower down, (v. 23) “Or with any stone, even though one may die by it, (even though it is large enough to kill him) seeing him not”, which certainly is by inadvertence. This proves as regards the cases mentioned before it, that Scripture is speaking of one who kills intentionally.

h.באבן יד [AND IF HE SMOTE HIM] WITH A STONE IN THE HAND (more lit., with a stone of the hand) — one which has the size of a full hand (i.e., large enough to fill a hand).

h.אשר ימות בה signifies: which has a size sufficient to cause death, as the Targum understands it. Because it has been stated, (Exodus 21:18) “If one man smote another with a stone” but it assigned no size for it, one might think that it means, whatever size it may be! Therefore it states here, “by which one may die” (Sifrei Bamidbar 160:3).

h.או בכלי עץ יד OR [IF HE SMITE HIM] WITH A WEAPON OF WOOD IN HIS HAND — Because it has been stated, (Exodus 21:20) “And if a man smite his bondman or his bondwoman with a rod”, one might think that it means whatever size it may be! Therefore it states here of the wooden instrument אשר ימות בה — meaning that it must have a size sufficient to cause death (Sifrei Bamidbar 160:4).

h.בפגעו בו WHENEVER HE MEETETH HIM [HE MAY KILL HIM] — even in the cities of refuge.

h.בצדיה — Understand this as the Targum does: בכמנא, BY LAYING IN WAIT.

h.בפתע means BY ACCIDENT. In the Targum it is translated by בתכיף (in close proximity), meaning that he was very close to him and so had no time to be careful about him (i.e. to be on his guard not to kill him; see Rashi on Makkot 7b).

h.או בכל אבן אשר ימות בה OR WITH ANY STONE WHEREBY ONE MAY DIE, he smote him.

h.בלא ראות — i.e. that he (the slayer) did not see him (Not: without anyone having seen him, i.e. that there were no witnesses).

h.ויפל עליו AND HE CAST IT UPON HIM — From here (i.e. from these words) they (the Rabbis) said: he who kills inadvertently by way of a falling movement goes into exile (i.e. must escape to and reside in a city of refuge); he who kills by way of an upward movement does not go into exile (Makkot 7b; cf. our Note on Exodus 21:13).

h.עד מות הכהן הגדול [HE SHALL ABIDE IN IT] UNTIL THE DEATH OF THE HIGH PRIEST — because he serves to cause the Shechinah to dwell in Israel and thereby prolong their days, whilst the murderer serves to make the Shechinah depart from Israel and thereby shortens the days of the living. He is therefore not worthy that he should stand before a High Priest (that he should be anywhere near a High Priest) (Sifrei Bamidbar 160:9). Another explanation why he had to remain there until the High Priest’s death: Because the High Priest should have prayed that this misfortune might never happen in Israel in his days (cf. Makkot 11a).

h.אשר משח אתו בשמן הקדש WHO WAS ANOINTED WITH THE HOLY OIL — According to its plain sense, this is one of the elliptical sentences — for it does not expressly mention who anointed him, but it is the same as אשר משחו המושח בשמן המשחה “… the High Priest whom he who carried out the anointing had anointed with the holy oil”. — Our Rabbis, however, expounded it in Treatise Makkot 11b as a proof for a law: that it intends to teach that if, before the sentence on him has been passed that he should go into a city of refuge, the High Priest died and they appointed another in his stead, and afterwards his case was finished, he returns home through the death of the second, because it is said, אשר משח אתו. But did he anoint the priest or did the priest anoint him? for the words may literally mean either: “until the death of the High Priest whom he (the murderer) had anointed” or “until the death of the High Priest who has anointed him (the murderer)” — but the words are used to include the case of the High Priest who was anointed in his days (and whom, as it were he had anointed), viz., that he (such a High Priest) causes him to return home through his death.

h.אין לו דם [AND THE AVENGER OF BLOOD MAY SLAY THE MURDERER] THERE IS NO BLOOD GUILT FOR HIM (more lit., he has no blood) — He is as one who has killed a dead man, who is one who has no blood (cf. Rashi on Exodus 22:1).

h.בכל מושבתיכם [AND THESE THINGS SHOULD BE AN ORDINANCE OF JUSTICE FOR YOU] IN ALL YOUR DWELLINGS — This teaches that the “minor Sanhedrin” functions outside the Land as long as there is [the main] one functioning in the Land of Israel [namely, while the Temple stood].(Makkot 7a)

h.כל מכה נפש וגו׳ HE WHO KILLETH A PERSON, etc. — This means: He who proposes to kill him because he had killed a person,

h.לפי עדים ירצח BY THE EVIDENCE OF WITNESSES ONE SHALL SLAY [THE MURDERER] — who testify that intentionally and after due warning he killed him.

h.ולא תקח כפר AND YE SHALL TAKE NO RANSOM — He (the murderer) shall not be freed by a monetary payment (Ketubot 37b).

h.ולא תקחו כפר לנוס אל עיר מקלטו AND YE SHALL TAKE NO RANSOM לנוס TO HIS CITY OF REFUGE — The last words are the same as לַנָּס אל עיר מקלטו, “ye shall take no ransom for one who is fled to a city of refuge, i.e., one who has killed inadvertently, cannot be freed from exile by money, by giving a ransom (Sifrei Bamidbar 160:12), לשוב לשבת בארץ THAT HE SHOULD RETURN TO DWELL IN THE LAND before the High Priest dies.

h.לנוס (the passive participle) has the same meaning as לַנָּס (the active participle), just as, (Micha 2:8) “שובי מלחמה”, which means “those who have returned from battle”; and so, too, (Zephaniah 3:18) “those who are removed far (נוני) from the appointed season”; (Joshua 5:5): “for they were circumcised men (מולים)”. Now just as you say שוב in reference to one who has already returned, and מול in reference to one who is already circumcised, so you can say לנוס in reference to one who has already fled. It calls him נוס (the passive participle), as much as to say “one who was made to flee”; — But you say that לנוס means “to flee” (the infinitive) explaining it thus: “ye shall take no ransom for one who ought to flee”, in order to free him from exile (cf. Sifrei Bamidbar 160:12), then I do not know how it can be said: “ye shall take no ransom … so that he should return to dwell in the land”, for you see, he has not yet fled, so from where shall he return?

h.ולא תחניפו means AND YE SHALL NOT [MAKE THE LAND] WICKED, as it is translated in the Targum: לא תחיבון.

h.אשר אני שכן בתוכה [AND YE SHALL NOT DEFILE THE LAND] … IN WHICH I DWELL — It means: Do not do anything defiling to the land so that you will make Me dwell amidst its uncleanness, ‎'כי אני ה שכן בתוך בני ישראל FOR I, THE LORD, DWELL AMONG THE CHILDREN OF ISRAEL — for even when they (the Israelites) are unclean My Shechinah remains amongst them (Sifrei Bamidbar 160:15).