Commentary on Deuteronomy, Commentary · Chapter 19
CHAP. XIX.
HAving ſufficiently preſſed upon the People the great Commandment, of Loving God with all the Heart, and Soul and Strength; and Him alone: Moſes now proceeds to remember them of other Precepts belonging to the Second Table, (as we now ſpeak) but not in an exact method, nor without interſperſing ſome Ceremonial Matters. And he begins with what concerns that Commandment, Thou ſhalt not kill.
Verſe 1. WHen the LORD thy God hath cut off Verſe 1 the Nations, whoſe Land the LORD thy God giveth thee, &c.] The very ſame words we had before upon another occaſion, XII. 29. Which are now uſed to ſignifie, that they were not bound to what follows, till God had ſubdued the Land of Canaan for them, and they were ſettled in it; as the laſt words of the Verſe import, dwellest in their Cities, and in their Houſes. Accordingly after the diviſion of the Land, God puts Joſhua in mind of this buſineſs, XX Joſh. 1, 2, &c.
Ver. 2. Thou ſhalt ſeparate three Cities for thee.] According to an order God had given to Moſes, XXXV Numb. 14, 15. to ſet aſide ſix Cities in all, for the Verſe 2 uſe here mentioned: Three on this ſide Jordan, where they now were; and three on the other ſide in the Land of Canaan. The former part of which Command Moſes himſelf had executed, IV Deut. 42, &c. and now gives them a Charge to perform the other.
In the midst of thy Land, which the LORD thy God giveth thee to poſſeſs it.] In the midst of their Land, ſignifies no more but within their Land. For if they had been all three, in the very heart of the Country, it would have croſſed the end and intention of them; which was, that they ſhould be placed ſo conveniently in ſeveral parts of the Country, that Men might eaſily and ſpeedily flee to them. And therefore the midst of the Land, may be oppoſed to the skirts of the Country, where they would have been too far diſtant from ſome parts of it: or, may denote that they ſhould be ſet in an eminent place, upon the top of Mountains, where they might be ſeen afar off. And ſo they all three were, it is apparent from XX Joſh. 7. where they are ſaid to be in Mount Naphtali, Mount Ephraim, and the Mountain of Judah.
Verſe 3 Ver. 3. And thou ſhalt prepare thee a way.] Make a plain Rode to them, and keep it in good repair; that both in Winter and Summer the Man-ſlayer might, without difficulty, flee thither. And for his more ſafe paſſage, the Hebrews ſay, where there were any turnings, or two ways parted, they were bound to ſet up a Poſt, or Stone, wherein was engraven, in great Letters the word MIKLAT, i. e. Refuge; that he might not miſtake his way to the place.
And divide the Coast of thy Land (which the LORD thy God giveth thee to inherit) into three parts.] The Jews underſtand it, that they were to be placed at an equal diſtance, in three ſeveral parts of the Country: that all might have the ſame benefit by them; and no Body have a longer Journey to go than his Neighbour, for his ſafety.
That every Slayer may flee thither.] Have the convenience of preſerving himſelf, in one or other of them. It is obſervable, that there were as many of theſe Cities in the two Tribes and a half, as there were in all the other nine Tribes and a half: in which there ſeems to be a great inequality. I have given ſome account of it upon XXXV Numb. 14. and the Hebrews fancy there was another reaſon for it, becauſe of the frequent Murders, which were likely to be committed, by the fierce Nature of the Gileadites. See the Book of Judges, Chap. X. and XI. and VI Hoſea 8.
Ver. 4. And this is the caſe of the ſlayer, which ſhall Verſe 4 flee thither, that he may live.] Be preſerved from the Avenger of Blood, who otherwiſe might kill him.
Whoſo killeth his Neighbour ignorantly, whom he hated not in time past.] Theſe Cities were not to be a protection to a wilful Murderer; but to an innocent Perſon, who againſt his intention was ſo unhappy as to kill a Man belidaath (as the words are in the Hebrew) without his knowledge; being free, that is, from any deſign to do him the leaſt harm. But as for ſuch as out of hatred and malice in their hearts killed another, they were ſo far from finding ſafety in theſe Cities, that they were to be pulled from the Altar, if they fled thither for Sanctuary, as we now ſpeak, XXI Exod. 12, 14. Or if they would not ſtir from thence, they might be killed there, as appears by the caſe of Joab, 1 Kings II. 28, 30, 31.
Ver. 5. As when a man goeth into the wood with his neighbour to hew wood, and his hand fetcheth a ſtroke with the Ax, to cut down the Tree, and the head ſlippeth Verſe 5 from the helve, and lighteth upon his neighbour, that he die.] By this, all other like Caſes were to be judged. That is, when a Man was about a lawful buſineſs, if any thing hapned which he intended not, he was not accountable for it. See Selden Lib. IV. de Jure Nat. & Gent. Cap. II.
He ſhall flee unto one of thoſe Cities, and live.] He might get to which of them he could moſt conveniently; and there be preſerved. The Jews from this word live conclude, without any other ground for it, that a Maſter was bound to go along with his Scholar, who fled hither; becauſe without the Doctrine of the Law, Men did not live, but were dead.
Verſe 6 Ver. 6. Lest the avenger of blood purſue the ſlayer, while his heart is hot.] With Anger, which might boil up to ſuch a degree, as to move him to kill the Slayer, before he had examined, whether there was a juſt Cauſe.
It is evident that this Verſe is to be connected with Verſe the third, (the two next, v. 4, 5. coming in as a Parentheſis, to ſhow who ſhould be preſerved in theſe Cities, and who not) being a reaſon, why the Cities of Refuge ſhould be placed at an equal diſtance, in ſeveral parts of the Country; that the Journey might not be too long to any of them; but a Man might ſoon flee thither, before the Avenger of Blood could lay hold of him.
Becauſe the way is long, and ſlay him.] If he could not have gotten thither in a ſhort time, he might have been in danger to loſe his Life, though not worthy of death. For as the Law did not puniſh him that kill'd a Man-ſlayer, when he found him out of the Bounds of the City of Refuge, (XXXV Numb. 27.) ſo it ſeems to have indemnified him, if he killed him before he got thither.
Whereas he was not worthy of death, inaſmuch as he hated him not in time paſt.] Which in his rage, the Avenger of Blood did not conſider; and therefore was guilty before God of ſhedding innocent Blood; tho' the Law did not puniſh him for it.
Ver. 7. Wherefore I command thee, ſaying, Thou ſhalt Verſe 7 ſeparate three Cities for thee.] To prevent which Miſchief, God commanded, not meerly one, but three Cities, and thoſe in ſeveral places of the Country; where Men might find Safety, if they made haſte to flee to them.
Ver. 8. And if the LORD thy God enlarge thy Coast Verſe 8 (as he hath ſworn unto thy Fathers) and give thee all the Land which he promiſed to give unto thy Fathers.] As far as unto the River Euphrates, XV Gen. 18. XXIII Exod. 31. I Deut. 7.
Ver. 9. If thou ſhalt keep all theſe Commandments to Verſe 9 do them, which I command thee this day, to love the LORD thy God, and to walk ever in his ways.] This ſeems to have been the Condition, upon the performance of which depended the enlargement of their Border. Which is more fully expreſſed XI. 22, 23, 24. And ſo the Covenant made with Abraham (in XV Gen. 18.) is to be underſtood, as including in it this Condition.
Thou ſhalt then add three Cities more for thee, beſides theſe three.] We do not read of any more added to theſe, though their Border was enlarged in David's and Solomon's time; and that as far as Euphrates. But thoſe Nations which they ſubdued were only made Tributaries to the Kings of Iſrael, who did not people and poſſeſs thoſe Countries: and conſequently there was no occaſion for ſuch Cities there; unleſs the Iſraelites had been the Inhabitants of thoſe Countries, as they were of the Land of Canaan, v. 1.
Verſe 10 Ver. 10. That innocent blood be not ſhed in thy Land, which the LORD thy God giveth thee.] As there would, if, upon ſuppoſition of ſuch an enlargement of their Borders, there had been no Cities nearer to flee unto than theſe ſix: which were ſufficient only for the Land of Canaan, and the Land they poſſeſſed on this ſide Jordan, where they now were.
And ſo blood be upon thee.] The Guilt and Puniſhment of Blood, in not taking care of the Safety of innocent Perſons.
Verſe 11 Ver. 11. But if any man hate his brother, and lye in wait for him, and riſe up against him, and ſmite him mortally that he die, and fleeth unto one of theſe Cities.] When there was a manifeſt deſign of killing another, and known hatred, he that committed the Murder, was to receive no benefit by his fleeing to a City of Refuge. And then a Man was judged to hate his Brother, when for three days together he had never ſpoken to him, though they had kept one another company; as I obſerved before out of Mr. Selden Lib. IV. de Jure Nat. & Gent. Cap. II. p. 473.
Verſe 12 Ver. 12. Then the Elders of this City, ſhall ſend and fetch him thence.] Demand him of the Elders of the City to which he fled; that he might be ſent to them, and tried by them; whether he was guilty of wilful Murder; or ought to have the benefit of their protection, being innocent of that Crime, XXXV Numb. 12, 24. It is likely there were probable Reaſons given, why he was ſuſpected to be guilty of Murder; and therefore they deſired the Matter might be examined: otherwiſe, if the Caſe was known to be like that in v. 5. they did not make this demand.
And deliver him into the hand of the avenger of blood, that he may die.] That is, if they found him guilty of wilful Murder: otherwiſe, they were to deliver him out of the hand of the Avenger of Blood, and restore him to the City of Refuge, that he might not die, XXXV Numb. 25.
Ver. 13. Thine eye ſhall not pity him.] Nor take any Verſe 13 Satisfaction for the Life of a Murderer, as the Law is XXXV Numb. 31.
But thou ſhalt put away the guilt of innocent blood from Iſrael.] By putting him to death.
That it may go well with thee.] By having no guilt upon them; as they had, when they let this Crime go unpuniſhed.
Ver. 14. Thou ſhalt not remove thy neighbours landmark, Verſe 14 which they of old time have ſet in thine inheritance, &c.] The Jewiſh Doctors think that this hath reſpect to the Holy Land, (as they call it) and to the terms or bounds which were ſet by Joſhua in the diviſion of the Country; which no Man might take away. For that made him both guilty of Theft, and alſo of the breach of this Precept: and conſequently he incurred a double Puniſhment, and was whipt twice as much as another Offender. See Selden Lib. VI. de Jure Nat. & Gent. Cap. III. in the latter end. This was a Law among the Greeks, as appears by Plato, Lib. VIII. de Legibus, foreign, &c. foreign, &c. Let no Man preſume to remove the bounds of Land: looking upon this, as being truly to remove things immoveable: i. e. To unſettle and overturn all things. Numa-Pompilius therefore made this Crime capital. Which makes Joſephus his Explication of theſe words ſeem more reaſonable than that of the Talmudiſts: who extends this Precept to the Grounds of all their neighbour Nations, who were at peace with them: foreign, as being the occaſion of Wars and Inſurrections, which ariſe from the Covetouſneſs of Men, who would thus enlarge their Territories, Lib. IV. Archaeol. Cap. 8. Which may be thought a reaſon, why Moſes joyns this to the foregoing Precept, about puniſhing Murder: and made this one of the Curſes they were bound to pronounce, and conſent to it, at their entrance into the Land of Canaan, XXVII Deut. 17.
Which they of old time have ſet in thine inheritance, which thou ſhalt inherit, in the Land which the LORD thy God giveth thee to poſſeſs it.] This may ſeem to determine this Precept peculiarly, to the preſerving the Bounds in the Land of Canaan: and by thoſe of old time, they underſtand Joſhua and the Elders, who divided the Land, and fixed every ones Lot. But it was as neceſſary to be obſerved in all other Countries, as that which was their proper Inheritance. For as Joſephus truly obſerves, They that remove the Bounds of Lands, are not very far from ſubverting all Laws.
Verſe 15 Ver. 15. One witneſs ſhall not riſe up.] They that gave their Teſtimony in any Cauſe, always ſtood up.
Against a man for any iniquity, or for any ſin.] A ſingle Witneſs was not to be admitted, as ſufficient to convict a Man of any Offence whatſoever; whether in Civil, or in Criminal Matters. For an inquiſition into the Fact, one was enough; but not for the Condemnation of him that was accuſed. Yet in Pecuniary Matters, one Witneſs was ſufficient to bring a Man to purge himſelf by an Oath. See XVII. 6.
At the mouth of two witneſſes, or at the mouth of three witneſſes, ſhall the matter be eſtabliſhed.] The Accuſation ſhall ſtand, or fall to the ground.
Ver. 16. If a falſe witneſs riſe up against any man, to Verſe 16 teſtifie against him that which is wrong.] In any Matter, whether againſt God, or againſt Man. For tho' one Witneſs could not condemn another; yet if it were proved he was a falſe Witneſs, it was ſufficient to condemn himſelf.
Ver. 17. Then both the men between whom the Controverſie Verſe 17 is.] That is, the Accuſer, and the Perſon accuſed.
Shall ſtand before the LORD.] They were to come, in Caſes obſcure, to the Supream Court, where the Sanctuary was ſettled. Who ſat, it is likely, at the Door of the Tabernacle in Moſes his time, (See XVII. 8, 12.) and ſo might properly be ſaid to try them before the LORD.
Before the Prieſts and the Judges which ſhall be in thoſe days.] This they all underſtand of the higheſt Court, which conſiſted partly of Prieſts, and partly of other great Perſons, whom he calls Judges: under which Name the whole Court is comprehended in the next Verſe. See XVII. 8. And Selden Lib. II. de Synedr. Cap. VIII. N. 2, 3.
Ver. 18. And the Judges.] The Court before-named: Verſe 18 who are all (whether Prieſts or others) comprehended under the Name of Judges.
Shall make diligent inquiſition.] For it was not eaſie to prove a Man to be a falſe Witneſs; and therefore the Matter was brought before this Supream Court.
And behold, if the witneſs be a falſe witneſs, and hath teſtified falſly againſt his brother.] If upon ſtrict Examination he was found to have given a falſe Evidence againſt his Brother, in a matter which touched his Eſtate, or his Body, or his Life.
Verſe 19 Ver. 19. Then ſhall ye do unto him, as he had thought to have done unto his brother.] That is, ſaith Maimonides, if he deſigned to have taken away his Brother's Life, he was to loſe his own; if to have had him ſcourged, he was to be laſhed himſelf; if to loſe a Sum of Money, he was to be fined the very ſame Sum. More Nevochim P. III. Cap. XLI. But though in moſt Caſes a falſe Witneſs was to ſuffer the very ſame kind of Puniſhment, which he intended to have brought upon another, if his Teſtimony had not been diſproved; yet in ſome it was not exactly obſerved. As if one falſly accuſed a Prieſt's Daughter of playing the Whore, he was not to be burnt, as ſhe ſhould have been, but to be ſtrangled, as an Adulterer. So J. Coch obſerves upon the Title Maccoth. ad Cap. I. where the whole buſineſs of falſe Teſtimonies is handled. But ſome fooliſh deciſions were made by the Rabbins in oppoſition to the Sadducees; as he obſerves in his Annot. 20. in Sect. 6.
Among the Athenians there was an Action lay, not only againſt a falſe Witneſs, but againſt the Perſon who produced him. Upon whom they ſet a Fine; and they were made infamous. And if they were found thrice guilty of this Crime, not only they but their Poſterity were made infamous throughout all Generations; as Sam. Petitus obſerves out of Andocides, and others, Lib. IV. in Leges Atticas, Tit. VII. p. 359. It is ſomething ſtrange they were not more ſevere againſt ſuch Offenders, many of their Laws being plainly borrowed from Moſes. And among the ancient Romans, by the Law of the Twelve Tables, falſe Witneſſes were thrown down from the Tarpeian Rock, as A. Gellius tells us, Lib. XX. Cap. I. which was altered indeed in latter times, for ſuch Puniſhments as the Judges thought they merited: But he there tells Phavorinus, That if the old Puniſhment had continued to their days, they ſhould not have had ſo many falſe Teſtimonies given, as they then ſaw.
So ſhalt thou put the evil away from among you.] This may be underſtood either of the falſe Witneſs, or of his Crime: the guilt of which was taken away by the juſt puniſhment of it.
Ver. 20. And thoſe that remain.] The remainder Verſe 20 of Iſrael, who ſee him ſuffer in his kind.
Shall hear and fear.] The end of puniſhment is to deter others from ſuch wickedneſs. See XIII. 11. XVII 13.
And ſhall henceforth commit no more any ſuch avil among you.] Learn to beware by other Mens ſufferings.
Ver. 21. And thine eye ſhall not ſpare.] He ſpeaks to Verſe 21 the Judges, who were not out of Compaſſion to moderate the Puniſhment; but make it equal to the Damage he intended to another. Examples he gives of this in the words following.
Life ſhall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot.] Concerning this lex talionis, ſee XXI Exod. 23, 24, 25. XXIV Levit. 19, 20. And ſee Grotius on V Matth. 38, 40. where he well obſerves, that the Party injured might forbear to require this Puniſhment; but the Judge, if it were required, could not deny to inflict it.