Annotations on the Pentateuch, Psalms, Song of Songs, Biblical commentary 4 · Chapter 35
CHAP. XXXV.
1 The Lord commandeth Israel to give eight and fortie cities for the Levites, with their suburbs and measure thereof. 6 Six of them are to be cities of ref…g…. 9 The lawes of murder, when the man-slayer might have the benefit of the cities of refuge, and when he must be put to death. 31 No ransome might be taken for the murderer that was worthy of death.
ANd Iehovah spake unto Moses, in the plaines of Moab, by Iordan, neere Iericho, saying; Command the sons of Israel that they give unto the Levites of the inheritance of their possession, cities to dwell in; and suburbs to the cities round about them, shall yee give unto the Levites.
And the cities shall be for them to dwell in, and the suburbs of them shall be for their cattell, and for their goods, and for all their beasts. And the suburbs of the cities which yee shall give unto the Levites, shall be from the wall of the citie, and outward, a thousand cubits round about. And ye shall measure from without the citie on the East-side two thousand cubits, and on the South-side two thousand cubits, and on the Sea-side two thousand cubits, and on the North-side two thousand cubits, and the citie shall be in the midst; this shall be to them the suburbs of the cities. And the cities which yee shall give unto the Levites, shall be the six cities of refuge, which ye shall give, for the man-slayer to flee thither; and above them yee shall give fortie and two cities. All the cities which ye shall give unto the Levites, shall be forty and eight cities, them and their suburbs. And the cities which ye shall give for the possession of the sons of Israel, from them that have many, ye shall give many; and from them that have few, ye shall give few; every man according to his inheritance which they inherit, hee shall give of his cities unto the Levites.
And Iehovah spake unto Moses, saying;
Speake unto the sonnes of Israel, and say unto them; When ye be come over Iordan into the land of Canaan; Then ye shall appoint for you cities, cities of refuge shal they be for you, that the man-slayer may flee thither, which smiteth a soule by errour. And the cities shall be unto you for refuge from the avenger, that the man-slayer die not untill he stand before the Congregation for judgement. And the cities which ye shall give, the six cities of refuge shall be for you. Three cities ye shall give on this side Iordan, and three cities shall yee give in the land of Canaan, cities of refuge shall they be. For the sonnes of Israel, and for the stranger, and for the sojourner among them, shall these six cities be for a refuge; that every one that smiteth a soule by errour may flee thither. And if he smite him with an instrument of iron, and he die, he is a man-slayer; the man-slayer shall be surely put to death. And if he smite him with a stone of the hand, wherewith he may die, and he die, he is a man-slayer; the man-slayer shalbe surely put to death. Or, if hee smite him with an instrument of wood of the hand, wherwith he may die, and he die, he is a man-slayer; the man-slayer shall be surely put to death. The avēger of the bloud, he shal put to death the man-slayer; when he meeteth him, he shal put him to death. And if he thrust him of hatred, or have cast upon him by laying of wait, and he die: Or in enmity smite him with his hand, and he die, the smiter shall be surely put to death, he is a man-slayer: the avenger of the bloud shall put to death the man-slayer when he meeteth him. But if he thrust him suddenly, without enmity, or have cast upon him any instrument without laying of wait: Or with any stone, wherewith he may die, without seeing him; and hee hath caused it to fall upon him, and he die, and he was not his enemie, nor a seeker of his evill.
Then the Congregation shall judge betweene the smiter and the avenger of the bloud, according to these judgements. And the Congregation shall deliver the man-slayer out of the hand of the avenger of the bloud, and the Congregation shall restore him unto the citie of his refuge, whither hee was fled; and hee shall abide in it untill the death of the great Priest, which was anointed with the oyle of holinesse. And if the man-slayer going shall goe forth, out of the border of the citie of his refuge, whither hee was fled: And the avenger of the bloud finde him without the border of the citie of his refuge, and the avenger of the bloud shall slay the man-slayer, no bloud shal be unto him.
Because he should have abidden in the citie of his refuge, untill the death of the great Priest; and after the death of the great Priest, the man-slayer shall returne into the land of his possession. And these things shall be unto you for a statute of judgement, through-out your generations, in all your dwellings.
Every one that smiteth a soule by the mouth of witnesses, the man-slayer shall be slaine; but one witnesse shall not answer against a soule, to die. And ye shall take no ransome for the soule of the man-slayer, which is guilty of death, but he shall be surely put to death. Neither shall yee take ransome for him that is fled unto the citie of his refuge, to returne to dwel in the land, until the death of the Priest. And ye shall not pollute the land, wherein yee are, for bloud, it polluteth the land; and for the land there shal be no expiation for the bloud that is shed therein, but by the bloud of him that shed it. And thou shalt not defile the land which ye inhabit in, within which I doe dwell, for I Iehovah dwel among the sonnes of Israel.
Annotations.
THat they give] or, and let them give unto the Levites. The Lord having given order in Chap. 34. for dividing the land unto Israel, commandeth here a portion to bee given out of all their possessions unto him, which he bestoweth on his Ministers the Levites, for a part of their livelihood. The equitie of which law, both for honouring the Lord with our substance, Prov. 3. 9. and for maintaining his Ministers, Gal. 6. 6. is perpetuall. Therefore speaking of the Church under the Gospell, according to these legall figures, hee saith, When yee shall divide by lot the land for inheritance, yee shall offer an oblation unto the LORD, an holy portion of the land, &c. The holy portion of the land shal be for the Priests, the Ministers of the Sanctuary, which shall come neere to minister unto the LORD, &c. Ezek. 45. 1, 4, 5. and 48. 9, 10, 13. suburbs to the cities] or, as the Greeke translateth, the suburbs of the cities: which suburbs are called in Hebrew Migrash, that is, a place cast out, as lying without the walls of the citie; in Chaldee, R…v…ch, that is, a Space; in Greeke, Proásteia, as lying before the citie; and in vers. 3. Aphorismata, as being separated from the citie; and in vers. 5. homora, confines, or limits.
Vers. 3. their goods] or, their substance, their gathered goods: see the notes on Gen. 12. 5. it is a generall word, and sometime implieth cattell also, as 2 Chron. 31. 3. and 32. 29. and 35. 7. beasts] in Hebrew Chajah, which is a generall name for living things; but here translated in Greeke fourefooted beasts. And from hence the Hebrews gather, that they gave the Levites a place of buriall to every citie, without these bounds (or suburbs:) for they buried not their dead in the suburbs of their cities, because it is said, AND FOR ALL THEIR LIVING THINGS; they gave it for the living, and not for buriall. Maimony Treat. of Release and Iubilee, chap. 13. sect. 3. That they used in Israel to bury their dead without the cities, appeareth by Luke 7. 11, 12.
Vers. 4. a thousand cubits] The Greeke saith, two thousand cubits, as it is in the verse following, where the Lord speaketh of two thousand cubits: so the thousand cubits here mentioned, some thinke to be meant of holy measure, double so much as the common measure, and that the latter doe expound the former. The Hebrewes explaine it thus; The suburbs of the cities are expressed in the Law to be three thousand cubits on every side, from the wall of the citie, and outward, Num. 35. 4, 5. The first thousand are the suburbs, and the two thousand which they measured without the suburbs, were for fields and vineyards. Maim. Treat. of the Release and Iubilee, chap. 13. sect. 2.
Vers. 5. without the citie] by the citie, the Hebrewes understand here the citie with the suburbs, that is, the thousand cubits forementioned, which were for their cattell, and these two thousand moe for fields and vineyards, as is before noted. East side] or, East quarter; in Chaldee, East winde: See the notes on Numb. 34. 3. Sea side] that is, the West side, as the Chaldee saith, the West winde. Moses useth to call the West, the Sea, as is noted on Gen. 12. 8. So in Numb. 34. 6.
Vers. 6. of refuge] that citie is called in Hebrew Miklat, of gathering, because the man-slayer was there gathered and detained; in Greeke, Phugad…nterion, a place of flight and exile; in Chaldee, Shezabuth, of deliverance and preservation. The six cities appointed for refuge, were these; Bezer of the Reubenites country, Ramoth in Gilead of the Gadites, and Golan in Basan of the Manassites; these three Moses separated, Deut. 4. 41, 43. the other three appointed by Ioshua, were Kedesh in Galilee in mount Naphtali, Shechem in mount Ephraim, and Kirjath-arba (which is Hebron) in the mount of Iudah, Ios. 20. 7. the use of these is after shewed. 42. cities] These with the six cities of refuge, are declared in Ios. 21. how they were given out of every tribe. Of the Kohathites, the Priests the sons of Aaron had thirteene cities, Ios. 21. 19. the residue of the Kohathites had ten cities, Ios. 21. 26. The Gershonites had thirteene cities, Ios. 21. 33. The Merarites had twelve cities, Ios. 21. 40. So all the cities of the Levites, within the possession of the somes of Israel, were fortie and eight cities with their suburbs, Ios. 21. 41. Thus Iakobs prophesie of Levi was fulfilled, that he should be scattered in Israel, Gen. 49. 5, 7. But because of the Levites zeale for the Lord, the curse was turned into a blessing, (as is noted on Exod. 32. 29.) and they were teachers of the law …o the tribes of Israel, Deut. 33. 8, 10. Wherfore God gave them cities out of every tribe. How…, whatsoever remained of these cities, besides the habitations of the Levites, and the suburbs …orementioned, as the fields of the cities, and their villages, continued under the dominion, and in the possession of the tribes, to whom they had been distributed before, as the example of Hebron given unto Caleb sheweth, Ios. 14. 13, 14. and 21. 11, 12.
Vers. 8. yee shall give many] or, yee shall multiply to give: so the tribes that had many cities, and …ge inheritances, gave the more cities. For … of the tribes of the sonnes of Iudah and of Si…, were given nine cities, out of Benjamin foure, out of Ephraim foure, out of Dan foure, out of the halfe tribe of Manasses two, out of the other halfe … of Manasses two, out of Issachar foure, out of Aser foure, out of Naphtali three, out of Zabulon foure, out of Reuben foure, out of Gad foure, Ios. 21. 9, 16, &c.
Vers. 11. shall appoint] or prepare, as the Chaldee explaineth it; in Greeke, yee shall distinguish, (or distinctly separate:) elsewhere it is called separ…ng, Deut. 4. 41. and sanctifying, Ios. 20. 7. by errour] or, ignorantly, unadvisedly, unawares: the Greeke translateth, unwillingly; this is opened in vers. 22, 23. and Deut. 19. 5. In …os. 20. 3. it is declared by two words, by errour, (o… unawares,) and without knowledge, (or unwittingly.)
Vers. 12. the avenger] to wit, of the bloud, as is expressed in vers. 19. and the Chaldee and Greeke here adde the same. Goel, here Englished an Avonger, elsewhere signifieth a Redeemer, but properly one of the same bloud and kindred, as Ruth 2. 20. and 3. 9, 12. who if things were sold, was to redeeme them, as Levit. 25. 25. if bloud were shed, was to avenge it, as in this case. And so the Greeke here & usually calleth him Agchiste…on, that is, one neere of kin. Of this kinsman the avenger, it is said in v. 19. that he should put the murderer to death; see the notes there. before the congregation] When a man had done a murder, he fled to some citie of refuge, the way being alwaies prepared, that he might flee thither without hinderance, as is noted on Deut. 19. 3. Comming thither, at the entring of the gate, he shewed his cause to the Elders of the citie of refuge, who tooke him in till he was sent after, and fetched home to the citie where hee had done the murder, and there he stood before the congregation, Ios. 20. 4, 6. who if they found him worthy of death, they delivered him to the avenger, to kill him; if not, they returned him to his citie of refuge, where hee lived in a kinde of exile and imprisonment, untill the death of the high Priest, as after followeth. See Deut. 19. 12. Before the cities of refuge were appointed, the Altar was a place of refuge, as is probable by Exod. 21. 13, 14. And from that place the Hebrewes gather that the Altar was a place of refuge. Maim. Treat. of Murder, chap. 5. sect. 12.
Vers. 14. Three cities] which were Bezer, Ramoth, and Golan, Deut. 4. 41, 43. and three cities] Kedesh, Shechem, and Hebron, Ios. 20. 7. And if the Lord enlarged their coast, and gave them all the land, they were to adde three cities moe, Deut. 19. 8, 9.
Vers. 15. the stranger] in Greeke, the proselyte, meaning him that was not an Israelite by nature, but by religion. the sojourner] that dwelt a stranger in the land of Israel, and yet not of their Church and religion, Deut. 14. 21. These all had benefit by the cities of refuge; but if an heathen by errour killed an heathen, the cities of refuge received him not, saith Maim. Treat. of Murder, chap. 5. sect. 4. smiteth a soule] that is, killeth any person; so vers. 11.
Vers. 16. if he smite him] to wit, purposely, and presumptuously, as the punishment after sheweth. surely put to death] or, put to die the death; Hebr. dying hee shall be put to death; so in vers. 17, 18, 21.
Vers. 17. a stone of the hand, that is, throwen with the hand; the Greeke translateth it, a stone out of the hand; the Chaldee, a stone that is taken in the hand. he may die] the Chaldee more fully explaineth it, which is enough for him to die therewith; so in vers. 18.
Vers. 18. wood of the hand] Greeke, out of the hand; Chaldee, wood taken in the hand, which is sufficient for him to die thereby; as in vers. 17. These cautions are here added to discerne of murders; the Hebrewes explaine them thus: He that smiteth his fellow presumptuously with a stone, or with wood, that he die, they measure the thing wherewith he smote him, and the place whereon he smote him to see …f that thing were enough to kill him upon such a member (of his body) or not, as it is written, WITH A STONE OF THE HAND, &c. so that it be enough to kil him. They measure also the might of him that smote, &c. For iron instruments the Law gives no measure, Num. 35. 16. He is to die that killed him, though it were with a needle; and whatsoever is sharp like a needle, as bodkin, knife, or the like. Hee that smiteth his fellow without any instrument, and killeth him, as with his hand, or his foot, &c. they measure the strength of him that smote, and of him that was killed, and the place of the blow, &c. Maim. Treat. of Murder, chap. 3. sect. 1. &c.
Vers. 19. he shall put to death] or, he may put him to death, to wit, after he is adjudged to death by the Magistrate, vers. 12. If the avenger of bloud will not, or if he be not able to kill him, or if he have no avenger of bloud, then the Iudges shall kill the murderer with the sword. Maim. Treat. of Murder, chap. 1. sect. 1. When he meeteth him] though it be within the cities of refuge, saith Iarchi. But this is to be understood, after lawfull judgement by the Magistrate; for the Elders of his citie were to send and fetch him from the citie of refuge, and deliver him into the hand of the avenger of bloud, Deut. 19. 12. Wherefore the Chaldee, in stead of meeteth him, saith, When he shall be condemned unto him by judgement: So in vers. 21.
Vers. 20. of hatred] which is inveterate anger, and inward grudge, differing from enmitie or open hostility, spoken of in v. 21. He that hateth, dissembleth with his lips, and layeth up deceit within him, Prov. 26. 24. The Hebrewes say, He that hateth, if he kill by errour (or unadvisedly) he is not kept in (the citie of) refuge, as it is said, And he was not his enemy, (Numb. 35. 23.) &c. And who is he that hateth? hee that for enmities sake speaketh not unto him for three dayes (space.) Maim. Treat. of Murder, chap. 6. sect. 10. cast upon him] to wit, any instrument, as is expressed in vers. 22. and so the Greeke explaineth it here. by laying of wait] with intent and purpose of evill, when occasion is offered: so Saul laid wait (or hunted) for Davids soule, 1 Sam. 24. 11. the Iewes for Christ, Luke 11. 54. and for Pauls life, Act. 23. 21.
Vers. 21. enmity] or hostility, ill will open and professed.
Vers. 22. suddenly] or, unawares, and as it were by chance.
Vers. 23. with any stone] that is, have smitten him with any stone, as in vers. 17. wherewith he may die] in Chaldee, which is sufficient that he may die therewith: See the notes on vers. 18.
Vers. 25. of the great Priest] a figure of Christ, called the great Priest over the house of God, Hebr. 10. 21. and the great High-Priest that is passed into the heavens, Hebr. 4. 14. who is the Mediator of the new Testament, that by meanes of death, for the redemption of the transgressions under the first Testament, they which are called might receive the promise of the eternall inheritance, Heb. 9. 15. As the high Priests, whiles they lived, by their service and sacrificing made atonement for the sinnes of the people, especially one day in the yeare, Levit. 16. wherein they figured the worke of Christ for us: so at the high Priests death, by releasing such as were exiled for unwitting murder, there was a shadow of redemption in Israel.
Vers. 26. going shall goe forth] that is, shall at any time, upon any occasion goe forth. So he was not only exiled from his owne citie, but confined as a prisoner within the limits of the citie of refuge. The Hebrewes say, Hee might never goe out of the citie of his refuge, no not though it were for a thing commanded [as to worship at the solemne feasts, or the like] or for to beare witnesse, whether it were in money matters, or to testifie in case of life and death, &c. Maim. Treat. of Murder, chap. 7. sect. 8.
Vers. 27. without the border] so not the citie onelyonly, but the borders and limits of the territories thereof were his refuge. Every citie of refuge, the borders thereof are a refuge as well as it, &c. and if (the avenger of bloud) kill him there, he is to be killed for him. Notwithstanding though the border be a refuge, yet the man-slayer may not dwell in it; for it is said (in vers. 25.) AND HE SHALL ABIDE IN IT; in it (the citie,) and not in the border of it. Maim. ibid. chap. 8. sect. 11. no bloud shall be unto him] that is, the avenger shall have no bloud imputed to him; or, as the Greeke translateth it, hee shall not bee guiltie, to wit, of bloud-shed.
Vers. 28. into the land of his possession] into his owne citie or village, that part of the land which he possessed. It is holden by the Hebrewes, that although by the high Priests death atonement was made for him, yet he never returned to the princely state (or dignitie) that hee had (in the citie,) but was debased from his greatnesse all dis dayes, because that great scandall came by his hand. Maimon. ibid. chap. 7. sect. 14. Moreover they say, A man-s…ayer upon whom sentence is past that he shall be exi…ed, if he die before he go into exile, they carry his bones thither. And a man-slayer that dieth in the citie of his refuge, they bury him there; and when the high Priest dieth, they carry the man-slayers bones from thence unto the sepulchres of his fathers. Ibid. sect. 3.
Vers. 30. Every one that smiteth a soule] that is, who so killeth a person, to wit, him that is a murderer. by the mouth] that is, by the testimony of witnesses, which after is explained of two witnesses, or three witnesses, Deut. 17. 6. and 19. 15. See the Annotations there. not answer] that is, not testifie, as the Greeke and Chaldee translate it, meaning, to have the sentence of death confirmed against him: See Deut. 19. 15. to die] that is, to cause him to die; or, that he should die: See the notes on Gen. 6. 19.
Vers. 31. the soule of the man-slayer] that is, the life of the murderer, to redeeme him from death. The Iudges are warned that they take no ransome of the murderer, and though he could give all the weal…h that is in the world, and though the avenger of bloud should be willing to free him; for the soule of him that is killed, is not the possession of the avenger of bloud, but the possession of the holy blessed (God.) Maimon. Treat. of Murder, ch. 1. sect. 4. guiltie of death] Hebr. which is wicked, to die, that is, as the Greeke and Chaldee explaine it, guilty, or condemned to die. According to this phrase David saith, When he shall be judged, let him goe forth wicked, (that is, condemned,) Psal. 109. 7.
Vers. 32. for him that is fled] Hebr. to flee; which is explained by Iarchi and others, for him that is fled. in the land] in the land of his possession, as in vers. 28.
Vers. 33. polluteth] or impiously staineth, foulely deformeth the land. This word which Moses here useth of murder, and the Prophets after apply unto spirituall whoredome or idolatrie, Ierem. 3. 2, 9. and …dolatrous bloud-shed, Psal. 106. 38. sheweth the hainousnesse of this sinne, that defileth not only him that doth it, but the whole land, if it be not avenged. Hereupon the Hebrewes say, Thou hast not any thing concerning which the Law giveth such a charge, as for shedding of bloud; as it is said (in Numb. 35. 33.) And ye shall not pollute the land, &c. Maimony Treat. of Murder, chap. 1. sect. 4. the bloud of him that shed it] if it were wilfull murder; or by the death of the high Priest, if it were unwilling man-slaughter. Hereupon it is said, A man that doth violence to the bloud of any person, shall flie to the pit, let no man stay him, Prov. 28. 17.
Vers. 34. I doe dwell] the land of Israel was the LORDS land, Hos. 9. 3. and by his dwelling there among his people, was sanctified, and called the holy land, Zach. 2. 12. and though he dwelt most specially in his Sanctuary there, which afterward was in Ierusalem, Psal. 74. 2. and 1 35. 21. yet the whole land was sanctified by his habitation therein, which was a reason why the people might not pollute it, either with bloud, or with any other wickednesse; for holinesse becommeth his house for ever, Psal. 93. 5. And for this cause the uncleane were to be put out of the campe of Israel, in the midst whereof God did dwell, Numb. 5. 3.