TK TORAH KEEPERS

Encouraging Believers in a Torah-Observant Life

Presents

A Leaven-Free Messianic Torah Commentary Based on the Ancient Triennial Torah Cycle

By Glenn McWilliams

www.tktorahkeepers.com

Cities of Refuge, Questions of Inheritance

THE OVERVIEW

In our previous portion the wilderness generation was given the boundaries of the land they were to inhabit.  The children of Israel were also instructed to give forty-eight cities within their territories to the tribe of Levi for their habitation.  Six of these forty-eight cities were to be cities of refuge.  In this week’s portion we are given the instructions as to how the cities of refuge are to function.  The focus of the first half of the portion is upon the laws governing the handling of the intentional or unintentional killing of another human being.  Both the portion and the book of Bemidbar conclude with the revisitation of the laws of a daughter’s right of inheritance.

THE OUTLINE

• Numbers 35:9-14        The appointing of the six cities of refuge
• Numbers 35:15-23      The distinction between voluntary and involuntary manslaughter
• Numbers 35:24-25      The responsibility of the court and the city of refuge
• Numbers 35:26-28      The responsibility of a person guilty of involuntary manslaughter
• Numbers 35:29-32      No ransom for the murderer
• Numbers 35:33-34      The prohibition against polluting the land

 

• Numbers 36:1-4          Complaint about the loss of tribal inheritance
• Numbers 36:5-8          Heiresses must marry within the clan or tribe
• Numbers 36:9             Tribal inheritance is protected
• Numbers 36:10-12      The daughters of Zelophehad comply
• Numbers 36:13           Concluding statement

 

SUGGESTED STUDY QUESTIONS

1. What promise is affirmed in the opening verses of our portion?
2. What predominant shift of focus is evident in this portion?
3. What is Israel to appoint in the land?
4. To whom do the cities belong?
5. Why are Levite cities chosen?
6. What is the function of these cities?
7. What critical distinction is to be made?
8. What is the meaning of shgagah?
9. What two criteria are given for the making of this distinction?

10.  What two things are demanded before the death sentence can be carried out?

11.  How many witnesses are necessary for a capital sentence?

12.  Who does the judging?

13.  Who carries out the sentencing?

14.  What is the meaning of go’el?

15.  What is the role of the go’el?

16.  Who may inhabit the cities of refuge?

17.  Who may not inhabit the cities of refuge?

18.  How long must the refugee remain in the city?

19.  Why is the stay connected to the Cohen Gadol?

20.  What happens if the refugee leaves the city?

21.  What cannot be given in the case of murder?

22.  What is the law of talion?

23.  Why is the law of talion not mentioned in this passage?

24.  What sacrifice is given for intentional sin?

25.  What is the basis for the law of murder?

26.  What overarching principle is affirmed in the law of murder?

27.  What effect does shed blood have on the land?

28.  What risk is taken in defiling the land?

29.  What concern is brought to Moses concerning daughters inheriting?

30.  What solution is given?

31.  Why is this teaching on the daughters of Zelophehad revisited at the end of Bemidbar?

THE TEXT

Bemidbar 35:9-36:13 And YHWH spake unto Moses, saying, ¹⁰Speak unto the children of Israel, and say unto them, When ye be come over Jordan into the land of Canaan; ¹¹then ye shall appoint you cities to be cities of refuge for you; that the slayer may flee thither, which killeth any person at unawares.  ¹²And they shall be unto you cities for refuge from the avenger; that the manslayer die not, until he stand before the congregation in judgment.  ¹³And of these cities which ye shall give six cities shall ye have for refuge.  ¹⁴Ye 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.  ¹⁵These 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.  ¹⁶And 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.  ¹⁷And 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.  ¹⁸Or 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.  ¹⁹The revenger of blood himself shall slay the murderer: when he meeteth him, he shall slay him.  ²⁰But if he thrust him of hatred, or hurl at him by laying of wait, that he die; ²¹or 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.  ²²But if he thrust him suddenly without enmity, or have cast upon him anything without laying of wait, ²³or 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: ²⁴then the congregation shall judge between the slayer and the revenger of blood according to these judgments: ²⁵and 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.  ²⁶But if the slayer shall at any time come without the border of the city of his refuge, whither he was fled; ²⁷and 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: ²⁸because 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.  ²⁹So these things shall be for a statute of judgment unto you throughout your generations in all your dwellings.  ³⁰Whoso 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.  ³¹Moreover ye shall take no satisfaction for the life of a murderer, which is guilty of death: but he shall be surely put to death.  ³²And 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.  ³³So 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.  ³⁴Defile not therefore the land which ye shall inhabit, wherein I dwell: for I YHWH dwell among the children of Israel.

 

^36:1And the chief fathers of the families of the children of Gilead, the son of Machir, the son of Manasseh, of the families of the sons of Joseph, came near, and spake before Moses, and before the princes, the chief fathers of the children of Israel: ²and they said, YHWH commanded my lord to give the land for an inheritance by lot to the children of Israel: and my lord was commanded by YHWH to give the inheritance of Zelophehad our brother unto his daughters.  ³And if they be married to any of the sons of the other tribes of the children of Israel, then shall their inheritance be taken from the inheritance of our fathers, and shall be put to the inheritance of the tribe whereunto they are received: so shall it be taken from the lot of our inheritance.  ⁴And when the jubile of the children of Israel shall be, then shall their inheritance be put unto the inheritance of the tribe whereunto they are received: so shall their inheritance be taken away from the inheritance of the tribe of our fathers.  ⁵And Moses commanded the children of Israel according to the word of YHWH, saying, The tribe of the sons of Joseph hath said well.  ⁶This is the thing which YHWH doth command concerning the daughters of Zelophehad, saying, Let them marry to whom they think best; only to the family of the tribe of their father shall they marry.  ⁷So shall not the inheritance of the children of Israel remove from tribe to tribe: for every one of the children of Israel shall keep himself to the inheritance of the tribe of his fathers.  ⁸And every daughter, that possesseth an inheritance in any tribe of the children of Israel, shall be wife unto one of the family of the tribe of her father, that the children of Israel may enjoy every man the inheritance of his fathers.  ⁹Neither shall the inheritance remove from one tribe to another tribe; but every one of the tribes of the children of Israel shall keep himself to his own inheritance.  ¹⁰Even as YHWH commanded Moses, so did the daughters of Zelophehad: ¹¹for Mahlah, Tirzah, and Hoglah, and Milcah, and Noah, the daughters of Zelophehad, were married unto their father’s brothers’ sons: ¹²and they were married into the families of the sons of Manasseh the son of Joseph, and their inheritance remained in the tribe of the family of their father.  ¹³These are the commandments and the judgments, which YHWH commanded by the hand of Moses unto the children of Israel in the plains of Moab by Jordan near Jericho. (Numbers 35:9-36:13 KJV)

 

THE STUDY

Beginning with the calling of Abraham (Genesis 12:1-3), the focus of the Torah has been upon YHWH fulfilling His promise to Abraham to give him and his descendants land and multiple seed.

Now YHWH had said unto Abram, Get thee out of thy country, and from thy kindred, and from thy father’s house, unto a land that I will shew thee: ²and I will make of thee a great nation, and I will bless thee, and make thy name great; and thou shalt be a blessing: ³and I will bless them that bless thee, and curse him that curseth thee: and in thee shall all families of the earth be blessed. (Genesis 12:1-3 KJV)

 

And YHWH appeared unto Abram, and said, Unto thy seed will I give this land: and there builded he an altar unto YHWH, who appeared unto him. (Genesis 12:7 KJV)

 

For all the land which thou seest, to thee will I give it, and to thy seed for ever. (Genesis 13:15 KJV)

 

In the same day YHWH made a covenant with Abram, saying, Unto thy seed have I given this land, from the river of Egypt unto the great river, the river Euphrates: ¹⁹the Kenites, and the Kenizzites, and the Kadmonites, ²⁰and the Hittites, and the Perizzites, and the Rephaims, ²¹and the Amorites, and the Canaanites, and the Girgashites, and the Jebusites. (Genesis 15:18-21 KJV)

 

And I will give unto thee, and to thy seed after thee, the land wherein thou art a stranger, all the land of Canaan, for an everlasting possession; and I will be their Elohim. (Genesis 17:8 KJV)

 

Sojourn in this land, and I will be with thee, and will bless thee; for unto thee, and unto thy seed, I will give all these countries, and I will perform the oath which I sware unto Abraham thy father. (Genesis 26:3 KJV)

 

And give thee the blessing of Abraham, to thee, and to thy seed with thee; that thou mayest inherit the land wherein thou art a stranger, which Elohim gave unto Abraham. (Genesis 28:4 KJV)

 

And, behold, YHWH stood above it, and said, I am YHWH Elohim of Abraham thy father, and the Elohim of Isaac: the land whereon thou liest, to thee will I give it, and to thy seed. (Genesis 28:13 KJV)

 

And the land which I gave Abraham and Isaac, to thee I will give it, and to thy seed after thee will I give the land. (Genesis 35:12 KJV)

 

And said unto me, Behold, I will make thee fruitful, and multiply thee, and I will make of thee a multitude of people; and will give this land to thy seed after thee for an everlasting possession. (Genesis 48:4 KJV)

 

Wherefore say unto the children of Israel, I am YHWH, and I will bring you out from under the burdens of the Egyptians, and I will rid you out of their bondage, and I will redeem you with a stretched out arm, and with great judgments: ⁷and I will take you to Me for a people, and I will be to you an Elohim: and ye shall know that I am YHWH your Elohim, which bringeth you out from under the burdens of the Egyptians.  ⁸And I will bring you in unto the land, concerning the which I did swear to give it to Abraham, to Isaac, and to Jacob; and I will give it you for an heritage: I am YHWH. (Exodus 6:6-8 KJV)

 

Remember Abraham, Isaac, and Israel, thy servants, to whom thou swarest by Thine own self, and saidst unto them, I will multiply your seed as the stars of heaven, and all this land that I have spoken of will I give unto your seed, and they shall inherit it forever. (Exodus 32:13 KJV)

 

And YHWH said unto Moses, Depart, and go up hence, thou and the people which thou hast brought up out of the land of Egypt, unto the land which I sware unto Abraham, to Isaac, and to Jacob, saying, Unto thy seed will I give it. (Exodus 33:1 KJV) 

From Genesis chapter twelve to Numbers chapter fourteen, the focus of the Torah is upon YHWH fulfilling His promise to Abraham, Isaac, Jacob, and their seed.  We see the fulfilling of YHWH’S promises of land and seed in the various narratives contained in these chapters and verses.  All these stories declare the sometimes subtle and sometimes powerful faithfulness of YHWH to His people and His promises.

• Genesis 12                  The calling
• Genesis 13                  The affirmation of the calling
• Genesis 15                  The covenant of the pieces, giving seed and land to Abraham’s

                                       descendants

• Genesis 17                  The covenant of circumcision; the means of the seed entering the

                                       covenant

• Genesis 21                  The birth of Isaac, the seed and heir of Abraham
• Genesis 23                  Abraham acquires the deed to a piece of the promised land

                                       (Machpelah)

• Genesis 25                  The covenant is confirmed with Isaac and his seed
• Genesis 28                  The covenant is confirmed with Jacob and his seed in exile
• Genesis 29-30             The sons of Jacob are born in exile
• Genesis 31-36             Jacob and his sons return to the promised land
• Genesis 37-50             The exile into Egypt
• Exodus 1-15                The journey out of Egypt to the promised land
• Exodus 16-Num. 10    Israel encamped at Mount Sinai; the making of the covenant

                                       concerning life in the promised land

• Numbers 11-12           Israel journeys to the promised land
• Numbers 13-14           Israel rejects the promised land and refuses to enter
• Numbers 15-25           Israel wanders outside the land of promise until the purging of

                                       the rebellious generation is complete

• Numbers 26-36           Israel prepares again to enter the promised land

 

While the initial and primary focus of these narratives is upon YHWH fulfilling His promise to bring the descendants of Abraham, Isaac, and Jacob into the land of promise, a second, equally important theme begins to emerge within these narratives.  Let us recall Abraham challenging YHWH, questioning the Sovereign One as to the benefit of land if there is no seed or heir to inherit and inhabit it.

And Abram said, Adonai YHWH, what wilt Thou give me, seeing I go childless, and the steward of my house is this Eliezer of Damascus?  ³And Abram said, Behold, to me Thou hast given no seed: and, lo, one born in my house is mine heir. (Genesis 15:2-3 KJV)

In previous portions we discussed the necessity for both seed and land for the children of Israel to be successful in their calling.  If Israel multiplies greatly in number but has no land of its own, then the children of Israel will be forced to serve pagan kings, pharaohs, and emperors and live under laws other than the Torah.  If Israel is given abundant land but has no army to defend it, then the people will be victim to pagan invasions and the capture of their land.  For the children of Israel to fulfill their calling, they must be sufficient in number to conquer and possess the land, and they must have a land in which they can live by the Torah.

We also observed that from the very beginning, Israel’s existence has been the work of YHWH.  This became most evident in the many stories of barrenness and miraculous births.

But Sarai was barren; she had no child. (Genesis 11:30 KJV)

 

And Isaac intreated YHWH for his wife, because she was barren: and YHWH was intreated of him, and Rebekah his wife conceived. (Genesis 25:21 KJV)

 

And when YHWH saw that Leah was hated, He opened her womb: but Rachel was barren. (Genesis 29:31 KJV)

It was from these barren women that the fulfillment of the promised multiple seed of Israel came.

We also saw the hand of YHWH in numerous ways assuring the survival of Israel during famines, persecutions, and wilderness wanderings.  Let us recall how YHWH sent Joseph down to Egypt to prepare the way for Israel’s survival.

And it came to pass, that, when Abram was come into Egypt, the Egyptians beheld the woman that she was very fair.  ¹⁵The princes also of Pharaoh saw her, and commended her before Pharaoh: and the woman was taken into Pharaoh’s house.  ¹⁶And he entreated Abram well for her sake: and he had sheep, and oxen, and he asses, and menservants, and maidservants, and she asses, and camels.  ¹⁷And YHWH plagued Pharaoh and his house with great plagues because of Sarai Abram’s wife. (Genesis 12:14-17 KJV)

And Abraham journeyed from thence toward the south country, and dwelled between Kadesh and Shur, and sojourned in Gerar.  ²And Abraham said of Sarah his wife, She is my sister: and Abimelech king of Gerar sent, and took Sarah.  ³But Elohim came to Abimelech in a dream by night, and said to him, Behold, thou art but a dead man, for the woman which thou hast taken; for she is a man’s wife. (Genesis 20:1-3 KJV)

 

And Joseph said unto his brethren, Come near to me, I pray you.  And they came near.  And he said, I am Joseph your brother, whom ye sold into Egypt.  ⁵Now therefore be not grieved, nor angry with yourselves, that ye sold me hither: for Elohim did send me before you to preserve life.  ⁶For these two years hath the famine been in the land: and yet there are five years, in the which there shall neither be earing nor harvest.  ⁷And Elohim sent me before you to preserve you a posterity in the earth, and to save your lives by a great deliverance.  ⁸So now it was not you that sent me hither, but Elohim: and He hath made me a father to Pharaoh, and lord of all his house, and a ruler throughout all the land of Egypt. (Genesis 45:4-8 KJV)

 

And Joseph said unto them, Fear not: for am I in the place of Elohim?  ²⁰But as for you, ye thought evil against me; but Elohim meant it unto good, to bring to pass, as it is this day, to save much people alive. (Genesis 50:19-20 KJV)

In the exodus narrative YHWH was clearly revealed to be the source of Israel’s protection, deliverance, redemption, and existence.

And YHWH said, I have surely seen the affliction of My people which are in Egypt, and have heard their cry by reason of their taskmasters; for I know their sorrows; ⁸and I am come down to deliver them out of the hand of the Egyptians, and to bring them up out of that land unto a good land and a large, unto a land flowing with milk and honey; unto the place of the Canaanites, and the Hittites, and the Amorites, and the Perizzites, and the Hivites, and the Jebusites. (Exodus 3:7-8 KJV)

 

For I will pass through the land of Egypt this night, and will smite all the firstborn in the land of Egypt, both man and beast; and against all the elohim of Egypt I will execute judgment: I am YHWH.  ¹³And the blood shall be to you for a token upon the houses where ye are: and when I see the blood, I will pass over you, and the plague shall not be upon you to destroy you, when I smite the land of Egypt. (Exodus 12:12-13 KJV)

 

And it came to pass, that at midnight YHWH smote all the firstborn in the land of Egypt, from the firstborn of Pharaoh that sat on his throne unto the firstborn of the captive that was in the dungeon; and all the firstborn of cattle. (Exodus 12:29 KJV)

 

And it came to pass the selfsame day, that YHWH did bring the children of Israel out of the land of Egypt by their armies. (Exodus 12:51 KJV)

 

And Moses said unto the people, Remember this day, in which ye came out from Egypt, out of the house of bondage; for by strength of hand YHWH brought you out from this place: there shall no leavened bread be eaten. (Exodus 13:3 KJV)

 

And Moses said unto the people, Fear ye not, stand still, and see the salvation of YHWH, which He will shew to you today: for the Egyptians whom ye have seen today, ye shall see them again no more forever.  ¹⁴YHWH shall fight for you, and ye shall hold your peace. (Exodus 14:13-14 KJV)

And Israel saw that great work which YHWH did upon the Egyptians: and the people feared YHWH, and believed YHWH, and His servant Moses. (Exodus 14:31 KJV)

 

Ye have seen what I did unto the Egyptians, and how I bare you on eagles’ wings, and brought you unto Myself. (Exodus 19:4 KJV)

In the wilderness narrative it was YHWH who protected and provided for the children of Israel on their journey to the promised land.

And the messenger of Elohim, which went before the camp of Israel, removed and went behind them; and the pillar of the cloud went from before their face, and stood behind them: ²⁰and it came between the camp of the Egyptians and the camp of Israel; and it was a cloud and darkness to them, but it gave light by night to these: so that the one came not near the other all the night. (Exodus 14:19-20 KJV)

 

And YHWH spake unto Moses, saying, ¹²I have heard the murmurings of the children of Israel: speak unto them, saying, At even ye shall eat flesh, and in the morning ye shall be filled with bread; and ye shall know that I am YHWH your Elohim.  ¹³And it came to pass, that at even the quails came up, and covered the camp: and in the morning the dew lay round about the host.  ¹⁴And when the dew that lay was gone up, behold, upon the face of the wilderness there lay a small round thing, as small as the hoar frost on the ground.  ¹⁵And when the children of Israel saw it, they said one to another, It is manna: for they wist not what it was.  And Moses said unto them, This is the bread which YHWH hath given you to eat. (Exodus 16:11-15 KJV)

 

Behold, I will stand before thee there upon the rock in Horeb; and thou shalt smite the rock, and there shall come water out of it, that the people may drink.  And Moses did so in the sight of the elders of Israel. (Exodus 17:6 KJV)

 

And Joshua discomfited Amalek and his people with the edge of the sword.  ¹⁴And YHWH said unto Moses, Write this for a memorial in a book, and rehearse it in the ears of Joshua: for I will utterly put out the remembrance of Amalek from under heaven.  ¹⁵And Moses built an altar, and called the name of it YHWH-nissi: ¹⁶for he said, Because YHWH hath sworn that YHWH will have war with Amalek from generation to generation. (Exodus 17:13-16 KJV)

 

And they turned and went up by the way of Bashan: and Og the king of Bashan went out against them, he, and all his people, to the battle at Edrei.  ³⁴And YHWH said unto Moses, Fear him not: for I have delivered him into thy hand, and all his people, and his land; and thou shalt do to him as thou didst unto Sihon king of the Amorites, which dwelt at Heshbon. (Numbers 21:33-34 KJV)

Israel was called to become a holy habitation and a living Tabernacle unto YHWH.  It is quite apparent from these narratives that the children of Israel exist and thrive only by the presence of YHWH in their midst.

YHWH is my strength and song, and He is become my salvation: He is my Elohim, and I will prepare Him an habitation; my father’s Elohim, and I will exalt Him. (Exodus 15:2 KJV)

 

Thou in Thy mercy hast led forth the people which Thou hast redeemed: Thou hast guided them in Thy strength unto Thy holy habitation. (Exodus 15:13 KJV)

 

Thou shalt bring them in, and plant them in the mountain of Thine inheritance, in the place, O YHWH, which Thou hast made for Thee to dwell in, in the Sanctuary, O Adonai, which Thy hands have established. (Exodus 15:17 KJV)

 

And let them make Me a sanctuary; that I may dwell among them. (Exodus 25:8 KJV)

 

And I will dwell among the children of Israel, and will be their Elohim.  ⁴⁶And they shall know that I am YHWH their Elohim, that brought them forth out of the land of Egypt, that I may dwell among them: I am YHWH their Elohim. (Exodus 29:45-46 KJV)

 

Both male and female shall ye put out, without the camp shall ye put them; that they defile not their camps, in the midst whereof I dwell. (Numbers 5:3 KJV)

 

Defile not therefore the land which ye shall inhabit, wherein I dwell: for I YHWH dwell among the children of Israel. (Numbers 35:34 KJV)

And ye shall serve YHWH your Elohim, and He shall bless thy bread, and thy water; and I will take sickness away from the midst of thee. (Exodus 23:25 KJV)

 

And YHWH will take away from thee all sickness, and will put none of the evil diseases of Egypt, which thou knowest, upon thee; but will lay them upon all them that hate thee. (Deuteronomy 7:15 KJV)

The very presence of the Holy One of Israel was (and still is) is the source of Israel’s existence.  Caleb and Joshua declared this reality in their attempt to stop their brethren from rebelling against YHWH.

Only rebel not ye against YHWH, neither fear ye the people of the land; for they are bread for us: their defence is departed from them, and YHWH is with us: fear them not. (Numbers 14:9 KJV)

The seer Balaam likewise recognized that it was YHWH who protected Israel from physical and spiritual threats.

How shall I curse, whom Elohim hath not cursed?  Or how shall I defy, whom YHWH hath not defied? (Numbers 23:8 KJV)

 

He hath not beheld iniquity in Jacob, neither hath He seen perverseness in Israel: YHWH his Elohim is with him, and the shout of a king is among them.  ²²Elohim brought them out of Egypt; he hath as it were the strength of an unicorn.  ²³Surely there is no enchantment against Jacob, neither is there any divination against Israel: according to this time it shall be said of Jacob and of Israel, What hath Elohim wrought! (Numbers 23:21-23 KJV)

 

The absence of YHWH’S presence from among the children of Israel leaves them weak and vulnerable to all earthly and spiritual threats.

Also every sickness, and every plague, which is not written in the book of this law, them will YHWH bring upon thee, until thou be destroyed. (Deuteronomy 28:61 KJV)

 

Go not up, for YHWH is not among you; that ye be not smitten before your enemies.  ⁴³For the Amalekites and the Canaanites are there before you, and ye shall fall by the sword: because ye are turned away from YHWH, therefore YHWH will not be with you.  ⁴⁴But they presumed to go up unto the hill top: nevertheless the ark of the covenant of YHWH, and Moses, departed not out of the camp.  ⁴⁵Then the Amalekites came down, and the Canaanites which dwelt in that hill, and smote them, and discomfited them, even unto Hormah. (Numbers 14:42-45 KJV)

Recognizing that their lives depended upon the presence of YHWH, the children of Israel trembled when YHWH threatened to withdraw from their midst after the incident of the golden calf.  Israel repented, and YHWH remained among them.

And I will send a messenger before thee; and I will drive out the Canaanite, the Amorite, and the Hittite, and the Perizzite, the Hivite, and the Jebusite: ³unto a land flowing with milk and honey: for I will not go up in the midst of thee; for thou art a stiffnecked people: lest I consume thee in the way.  ⁴And when the people heard these evil tidings, they mourned: and no man did put on him his ornaments.  ⁵For YHWH had said unto Moses, Say unto the children of Israel, Ye are a stiffnecked people: I will come up into the midst of thee in a moment, and consume thee: therefore now put off thy ornaments from thee, that I may know what to do unto thee.  ⁶And the children of Israel stripped themselves of their ornaments by the mount Horeb.  ⁷And Moses took the tabernacle, and pitched it without the camp, afar off from the camp, and called it the Tabernacle of the congregation.  And it came to pass, that every one which sought YHWH went out unto the tabernacle of the congregation, which was without the camp.  ⁸And it came to pass, when Moses went out unto the tabernacle, that all the people rose up, and stood every man at his tent door, and looked after Moses, until he was gone into the tabernacle.  ⁹And it came to pass, as Moses entered into the tabernacle, the cloudy pillar descended, and stood at the door of the tabernacle, and YHWH talked with Moses.  ¹⁰And all the people saw the cloudy pillar stand at the tabernacle door: and all the people rose up and worshipped, every man in his tent door. (Exodus 33:2-10 KJV)

Through the building of a tangible sanctuary and the development of the priesthood, Israel eventually began to learn how to make distinctions between tahor and tamei, holy and unholy, acceptable and unacceptable.  A large part of the Sinai covenant is concerned with these protocols, which teach the children of Israel how to make the necessary distinctions that allow for YHWH, the Holy One of Israel, to dwell among the children of Israel and manifest His character, nature, and presence through His servant Israel.  Essential to this protocol is the sacrificial system, which provides the necessary “covering” so that YHWH’S holiness does not consume the children of Israel in their imperfections.  Thus, while the initial or primary focus of these narratives is upon YHWH’S faithfulness to His promise to give Abraham and his descendants land and multiple seed, the secondary developing theme within these narratives is concerned with how the children of Israel will remain in the land once they possess it.  We see the introduction of this theme into the narrative through the use of the phrase “when you come into the land” as opposed to “if you come into the land.”

When ye be come into the land of Canaan, which I give to you for a possession, and I put the plague of leprosy in a house of the land of your possession… (Leviticus 14:34 KJV)

 

And when ye shall come into the land, and shall have planted all manner of trees for food, then ye shall count the fruit thereof as uncircumcised: three years shall it be as uncircumcised unto you: it shall not be eaten of. (Leviticus 19:23 KJV)

 

Speak unto the children of Israel, and say unto them, When ye be come into the land which I give unto you, and shall reap the harvest thereof, then ye shall bring a sheaf of the firstfruits of your harvest unto the priest. (Leviticus 23:10 KJV

 

Speak unto the children of Israel, and say unto them, When ye come into the land which I give you, then shall the land keep a sabbath unto YHWH. (Leviticus 25:2 KJV)

 

Speak unto the children of Israel, and say unto them, When ye be come into the land of your habitations, which I give unto you… (Numbers 15:2 KJV)

 

Speak unto the children of Israel, and say unto them, When ye come into the land whither I bring you… (Numbers 15:18 KJV)

 

Command the children of Israel, and say unto them, When ye come into the land of Canaan; (this is the land that shall fall unto you for an inheritance, even the land of Canaan with the coasts thereof:)… (Numbers 34:2 KJV)

The commandments, statutes, judgments, and ordinances given to the children of Israel are to assure that Israel will not only enter the land but also be able to live long in the land of their inheritance.  Such is clearly the case in this particular portion.

And YHWH spake unto Moses, saying, ¹⁰Speak unto the children of Israel, and say unto them, When ye be come over Jordan into the land of Canaan; ¹¹then ye shall appoint you cities to be cities of refuge for you; that the slayer may flee thither, which killeth any person at unawares.  ¹²And they shall be unto you cities for refuge from the avenger; that the manslayer die not, until he stand before the congregation in judgment. (Numbers 35:9-12 KJV)

From early on in the development of Israel we have seen that the Levites, including the cohanim, were called to be separate from the children of Israel.

But the Levites after the tribe of their fathers were not numbered among them. (Numbers 1:47 KJV)

 

And thou shalt give the Levites unto Aaron and to his sons: they are wholly given unto him out of the children of Israel. (Numbers 3:9 KJV)

 

And I, behold, I have taken the Levites from among the children of Israel instead of all the firstborn that openeth the matrix among the children of Israel: therefore the Levites shall be Mine. (Numbers 3:12 KJV)

 

And thou shalt take the Levites for Me (I am YHWH) instead of all the firstborn among the children of Israel; and the cattle of the Levites instead of all the firstlings among the cattle of the children of Israel. (Numbers 3:41 KJV)

 

And Aaron shall offer the Levites before YHWH for an offering of the children of Israel, that they may execute the service of YHWH. (Numbers 8:11 KJV)

 

Thus shalt thou separate the Levites from among the children of Israel: and the Levites shall be Mine. (Numbers 8:14 KJV)

 

And I have taken the Levites for all the firstborn of the children of Israel. (Numbers 8:18 KJV)

Separated from the children of Israel, the tribe of Levi was not to have a tribal inheritance in the land of Israel.

And YHWH spake unto Aaron, Thou shalt have no inheritance in their land, neither shalt thou have any part among them: I am thy part and thine inheritance among the children of Israel. (Numbers 18:20 KJV)

 

But the Levites shall do the service of the tabernacle of the congregation, and they shall bear their iniquity: it shall be a statute for ever throughout your generations, that among the children of Israel they have no inheritance. (Numbers 18:23 KJV)

 

But the tithes of the children of Israel, which they offer as an heave offering unto YHWH, I have given to the Levites to inherit: therefore I have said unto them, Among the children of Israel they shall have no inheritance. (Numbers 18:24 KJV)

 

And those that were numbered of them were twenty and three thousand, all males from a month old and upward: for they were not numbered among the children of Israel, because there was no inheritance given them among the children of Israel. (Numbers 26:62 KJV)

Instead of a tribal territory, the children of Israel were commanded to give the Levites cities from among their territories to live in and pastureland to graze their livestock.

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. (Numbers 35:2 KJV)

Forty-eight cities in all were given to the Levites for their habitation.

So all the cities which ye shall give to the Levites shall be forty and eight cities: them shall ye give with their suburbs.  ⁸And 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. (Numbers 35:7-8 KJV)

Six of these forty-eight cities are to be cities of refuge or asylum.  Let us note that three of the six cities of refuge are to be in the Transjordan[1] and three are to be in the Cisjordan.[2]  This affirms the fact that the land of Reuben, Gad, and the half-tribe of Manasseh is indeed considered a part of the promised land.

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. (Numbers 35:6 KJV)

 

And of these cities which ye shall give six cities shall ye have for refuge.  ¹⁴Ye 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. (Numbers 35:13-14 KJV)

The book of Joshua (chapter 20) names the six cities as follows. In the Cisjordan: 1) Kedesh in the territory of Naphtali in the north; 2) Shechem in the territory of Ephraim in the center; and 3) Kiriath-arba or Hebron in the territory of Judah in the south.  In the Transjordan: 1) Bezer in the territory of Reuben in the southeast; 2) Ramoth in Gilead, the territory of Gad in the center; and 3) Golan in Bashan, the territory of Manasseh in the north.

The purpose of these cities of refuge is twofold.  First, they are to serve as part of the civil court system of Israel, providing temporary shelter and protection for those who inadvertently kill another person.

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. (Numbers 35:15 KJV)

The Hebrew name for these cities is miklat (mem, kof, lammed, tet), from the Hebrew root kof-lammed-tet, which means “to take in,” “to receive,” or “to contract.”  Strangely, the only use of the root of this word in the Torah is Leviticus 22:23, concerning the prohibition against using an imperfect animal as a sacrifice.

Either a bullock or a lamb that hath anything superfluous or lacking (kalut) in his parts, that mayest thou offer for a freewill offering; but for a vow it shall not be accepted. (Leviticus 22:23 KJV)

We can understand the connection only in the sense that a stunted, missing, or shriveled limb may be understood has having been received, withdrawn, or contracted into the body the way a turtle withdraws or takes its limbs into its shell.  The cities of refuge can, therefore, be understood as places where members of the body of Israel are “taken in” or “received” for the purpose of safety.  The cities of refuge are to “receive” those seeking protection and shelter.

The city of refuge serves as a temporary shelter or asylum for the person guilty of inadvertently killing another person.  The threat to the killer, whether real or perceived, comes from the practice of avenging blood.  The avenging of blood, not unique to Israel, was a common practice in the Ancient Near East.  In our text the person charged with the avenging of a family member’s death is referred to as the go’el hadam or “revenger of blood.”

The revenger of blood himself shall slay the murderer: when he meeteth him, he shall slay him. (Numbers 35:19 KJV)

 

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. (Numbers 35:21 KJV)

 

Then the congregation shall judge between the slayer and the revenger of blood according to these judgments. (Numbers 35:24 KJV)

 

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. (Numbers 35:27 KJV)

In this phrase it is interesting to note the use of the word go’el (gimmel, aleph, lammed), which is generally translated as “redeemer” and is used of the “kinsman redeemer” so often referred to in the Torah.  The go’el or next of kin serves several diverse roles within the family structure of the children of Israel.  If a man dies and leaves a widow with no children, it is generally the go’el who arranges for or participates in the levirate marriage in order to produce an offspring for the deceased.  We see Judah performing the role of go’el or “next of kin” in the story of Tamar.

If brethren dwell together, and one of them die, and have no child, the wife of the dead shall not marry without unto a stranger: her husband’s brother shall go in unto her, and take her to him to wife, and perform the duty of an husband’s brother unto her.  ⁶And it shall be, that the firstborn which she beareth shall succeed in the name of his brother which is dead, that his name be not put out of Israel. (Deuteronomy 25:5-6 KJV)

And she yet again conceived, and bare a son; and called his name Shelah: and he was at Chezib, when she bare him.  ⁶And Judah took a wife for Er his firstborn, whose name was Tamar.  ⁷And Er, Judah’s firstborn, was wicked in the sight of YHWH; and YHWH slew him.  ⁸And Judah said unto Onan, Go in unto thy brother’s wife, and marry her, and raise up seed to thy brother. (Genesis 38:5-8 KJV)

 

And Onan knew that the seed should not be his; and it came to pass, when he went in unto his brother’s wife, that he spilled it on the ground, lest that he should give seed to his brother.  ¹⁰And the thing which he did displeased YHWH: wherefore He slew him also.  ¹¹Then said Judah to Tamar his daughter in law, Remain a widow at thy father’s house, till Shelah my son be grown: for he said, Lest peradventure he die also, as his brethren did.  And Tamar went and dwelt in her father’s house. (Genesis 38:9-11 KJV)

Ultimately, Tamar conceived with Judah, who unknowingly performed the duty of the levirate.  Boaz likewise played the role of go’el in the story of Ruth.

Tarry this night, and it shall be in the morning, that if he will perform unto thee the part of a kinsman, well; let him do the kinsman’s part: but if he will not do the part of a kinsman to thee, then will I do the part of a kinsman to thee, as YHWH liveth: lie down until the morning. (Ruth 3:13 KJV)

Note that the word “kinsman” in the above verse is based on the Hebrew root word ga’al.  The go’el may also be the appointed next of kin to receive money owed to a deceased member of the family.

But if the man have no kinsman to recompense the trespass unto, let the trespass be recompensed unto YHWH, even to the priest; beside the ram of the atonement, whereby an atonement shall be made for him. (Numbers 5:8 KJV)

 

Likewise, if a family member is sold into slavery due to poverty or debt, the go’el is responsible for redeeming his kinfolk from their slavery.

After that he is sold he may be redeemed again; one of his brethren may redeem him. (Leviticus 25:48 KJV)

The go’el may also be called upon to redeem inherited property that was sold to pay a debt.

If thy brother be waxen poor, and hath sold away some of his possession, and if any of his kin come to redeem it, then shall he redeem that which his brother sold. (Leviticus 25:25 KJV)

 

Behold, Hanameel the son of Shallum thine uncle shall come unto thee, saying, Buy thee my field that is in Anathoth: for the right of redemption is thine to buy it.  ⁸So Hanameel mine uncle’s son came to me in the court of the prison according to the word of YHWH, and said unto me, Buy my field, I pray thee, that is in Anathoth, which is in the country of Benjamin: for the right of inheritance is thine, and the redemption is thine; buy it for thyself.  Then I knew that this was the word of YHWH.  ⁹And I bought the field of Hanameel my uncle’s son, that was in Anathoth, and weighed him the money, even seventeen shekels of silver.  ¹⁰And I subscribed the evidence, and sealed it, and took witnesses, and weighed him the money in the balances.  ¹¹So I took the evidence of the purchase, both that which was sealed according to the law and custom, and that which was open: ¹²and I gave the evidence of the purchase unto Baruch the son of Neriah, the son of Maaseiah, in the sight of Hanameel mine uncle’s son, and in the presence of the witnesses that subscribed the book of the purchase, before all the Jews that sat in the court of the prison.  ¹³And I charged Baruch before them, saying, ¹⁴Thus saith YHWH of hosts, the Elohim of Israel; Take these evidences, this evidence of the purchase, both which is sealed, and this evidence which is open; and put them in an earthen vessel, that they may continue many days.  ¹⁵For thus saith YHWH of hosts, the Elohim of Israel; Houses and fields and vineyards shall be possessed again in this land. (Jeremiah 32:7-15 KJV)

In our portion the go’el is called upon to exact justice and restore the loss a family suffers when a member of the family has been killed.  We should rightfully understand the term go’el not so much as the “avenger” but the “redeemer of blood.”  According to the Torah, this position falls on the brother, the father’s brother, and the latter’s son on through the father’s line.

After that he is sold he may be redeemed again; one of his brethren may redeem him: ⁴⁹either his uncle, or his uncle’s son, may redeem him, or any that is nigh of kin unto him of his family may redeem him; or if he be able, he may redeem himself. (Leviticus 25:48-49 KJV)

We see a similar order and listing given in the right of inheritance.

And if he have no daughter, then ye shall give his inheritance unto his brethren.  ¹⁰And if he have no brethren, then ye shall give his inheritance unto his father’s brethren.  ¹¹And if his father have no brethren, then ye shall give his inheritance unto his kinsman that is next to him of his family, and he shall possess it: and it shall be unto the children of Israel a statute of judgment, as YHWH commanded Moses. (Numbers 27:9-11 KJV)

It is up to the go’el to collect the debt of justice owed the family by the loss of a loved one.  In the case where a family member is killed, the next of kin has the right to seek justice on behalf of the victim’s family.  The cities of refuge, however, provide that genuine rather than vigilante justice be done.  If a man struggles with a man and one of the men die in the conflict, then the killer can run to a city of refuge for safety from the go’el.  The go’el cannot harm the man once he is in the city of refuge.

While entering a city of refuge does delay justice for a limited time, justice is ultimately granted.  The Hebrew word ratsach (resh, tsade, chet) means “to kill,” “to slay,” or “to murder.”  It is the same word used in the commandment forbidding the children of Israel to kill.

Thou shalt not kill. (Exodus 20:13 KJV)

 

Thou shalt not kill. (Deuteronomy 5:17 KJV)

While the word ratsach specifically connotes “murder,” it is used in our portion to describe both inadvertent killing and intentional killing.  This may be a literary device to aid in the understanding of the teaching on the cities of refuge.  In other words, until there is an investigation and trial, there is no way to distinguish what type of killing took place.  The Torah commands, therefore, that a distinction be made between one who kills a man inadvertently and one who murders someone willfully and intentionally.  Naturally, this requires that there be an investigation and trial.

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. (Numbers 35:12 KJV)

Then the congregation shall judge between the slayer and the revenger of blood according to these judgments: ²⁵and 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. (Numbers 35:24-25 KJV)

Let us note that it is the “congregation” that does the judging.  The Hebrew word translated here as “congregation” is the word edah (ayin, dalet, hey), which can mean “congregation” or simply “gathering.”  Thus, it can be understood to imply a small group of elders or judges specifically appointed for such circumstances.

Judges and officers shalt thou make thee in all thy gates, which YHWH thy Elohim giveth thee, throughout thy tribes: and they shall judge the people with just judgment. (Deuteronomy 16:18 KJV)

Let us note that when a body is found slain in a field but no slayer is identified, it is the elders and judges of the closest town who must deal with the matter of defilement.

If one be found slain in the land which YHWH thy Elohim giveth thee to possess it, lying in the field, and it be not known who hath slain him: ²then thy elders and thy judges shall come forth, and they shall measure unto the cities which are round about him that is slain. (Deuteronomy 21:1-2 KJV)

I would suggest that in the city of refuge, the edah referred to is a similar gathering of elders and judges from that particular city, not the whole community.

There are two prerequisites that must be fulfilled in order for justice to be done.  The first is an investigation and trial, as mentioned above, and the second is a “pair” of witnesses.

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. (Numbers 35:30 KJV)

The law of witnesses is a critical one to understand in capital offenses.  Here we see that one witness is not sufficient to convict a person of a capital offense.  This law is expanded upon elsewhere in the Torah.

At the mouth of two witnesses (shnayim), or three witnesses, shall he that is worthy of death be put to death; but at the mouth of one witness he shall not be put to death. (Deuteronomy 17:6 KJV)

 

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 (shnay) witnesses, or at the mouth of three witnesses, shall the matter be established. (Deuteronomy 19:15 KJV)

 

Here we must make a very subtle distinction.  The truth of a matter must be established by the testimony of two or three witnesses.  Yeshua and Shaul likewise affirm this truth.

But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established. (Matthew 18:16 KJV)

 

This is the third time I am coming to you.  In the mouth of two or three witnesses shall every word be established. (2 Corinthians 13:1 KJV)

What should be understood in these passages is the fact that in capital cases it is a “pair” of witnesses that is necessary.  It is not sufficient if one witness observes one event while a second witness observes a second event.  This constitutes only one witness for each event.  The testimonies of these individual witnesses to individual events do not corroborate each other and, therefore, are not sufficient to convict or establish truth.  Likewise, the testimony of two individual and independent witnesses who observed the same event but from different vantage points may be sufficient to establish the truth of a matter but is not considered sufficient to convict a person of a capital offense.  The convicting testimony must be from a pair of witnesses who observed the exact same event from the same perspective at the same time.  Understanding this reality helps to clarify a matter in the trial of Yeshua.

Now the chief priests, and elders, and all the council, sought false witness against Yeshua, to put him to death; ⁶⁰ but found none: yea, though many false witnesses came, yet found they none.  At the last came two false witnesses, ⁶¹and said, This fellow said, I am able to destroy the temple of Elohim, and to build it in three days.  ⁶²And the high priest arose, and said unto him, Answerest thou nothing?  What is it which these witness against thee? (Matthew 26:59-62 KJV)

Note that the chief priests, the elders, and the council sought false witnesses (plural) against Yeshua.  It says clearly that many false witnesses came forward to testify against Yeshua, yet the Scriptures declare that they found none!  How could there be “many” and “none”?  The answer is found in the fact that they lacked a “pair” of witnesses who could give the necessary testimony to put a man to death.  So we are told that “At the last came two false witnesses.”  This “pair” of false witnesses was sufficient to convict Yeshua and sentence him to death.  The hypocrisy of the chief priests, the elders, and the council in this story is astounding.  The leaders all followed the letter of the law concerning the necessary number of witnesses but totally ignored the commandment governing false witnesses.  This is why the Torah is NOT multiple choice, as some would prefer!  We should recognize in these laws concerning witnesses the Creator’s great concern for human life and dignity.  This concern for human life and dignity likewise explains the severity of judgment upon false witnesses.

Then both the men, between whom the controversy is, shall stand before YHWH, before the priests and the judges, which shall be in those days; ¹⁸and the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother; ¹⁹then 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. (Deuteronomy 19:17-19 KJV)

For those charged with the task of judgment in the city of refuge, a very clear distinction is to be made.  The judges are charged with the task of deciding whether a killing was inadvertent or willful.  The decision of the judges is to be determined by two criteria outlined in the Torah.

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.  ¹⁷And 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.  ¹⁸Or 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.  ¹⁹The revenger of blood himself shall slay the murderer: when he meeteth him, he shall slay him.  ²⁰But if he thrust him of hatred, or hurl at him by laying of wait, that he die; ²¹or 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. (Numbers 35:16-21 KJV)

Murder is defined here by both weapons and intent.  If a man uses a weapon, whether of iron, stone, or wood, the act is clearly defined as murder.  If the man lies in wait and then springs upon his victim, shoving or pushing him so that he falls and dies, it is murder.  If there is hatred or enmity behind the actions, the killing is deemed to be murder.

But if he thrust him suddenly without enmity, or have cast upon him anything without laying of wait, ²³or 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: ²⁴then the congregation shall judge between the slayer and the revenger of blood according to these judgments: ²⁵and 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. (Numbers 35:22-25 KJV)

In this second category the absence of weapons and intent clearly marks the death as inadvertent.  If someone stumbles and falls, pushing another down so that he strikes his head and dies, it is not murder.  The same is true of a man casting stones who inadvertently throws one into the bushes and kills a man lying there unbeknownst to him.  This is clearly an accident, not willful murder.  In a case such as this, the inadvertent killer is permitted to stay in the city of refuge.  Critical to this judgment is the fact that the killer did not intend to kill, nor was he aware of the potential for killing in the given situation.  Only those guilty of inadvertent death are permitted to stay in a city of refuge.

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 (bishgagah) may flee thither. (Numbers 35:15 KJV)

The Hebrew word shgagah (shin, gimmel, gimmel, hey) means “inadvertent,” “unawares,” or “in ignorance.”  This is the same word used for sins of ignorance.

Speak unto the children of Israel, saying, If a soul shall sin through ignorance against any of the commandments of YHWH concerning things which ought not to be done, and shall do against any of them… (Leviticus 4:2 KJV)

 

And if the whole congregation of Israel sin through ignorance, and the thing be hid from the eyes of the assembly, and they have done somewhat against any of the commandments of YHWH concerning things which should not be done, and are guilty… (Leviticus 4:13 KJV)

 

When a ruler hath sinned, and done somewhat through ignorance against any of the commandments of YHWH his Elohim concerning things which should not be done, and is guilty… (Leviticus 4:22 KJV)

 

And if any one of the common people sin through ignorance, while he doeth somewhat against any of the commandments of YHWH concerning things which ought not to be done, and be guilty… (Leviticus 4:27 KJV)

 

If a soul commit a trespass, and sin through ignorance, in the holy things of YHWH; then he shall bring for his trespass unto YHWH a ram without blemish out of the flocks, with thy estimation by shekels of silver, after the shekel of the sanctuary, for a trespass offering. (Leviticus 5:15 KJV)

 

And he shall bring a ram without blemish out of the flock, with thy estimation, for a trespass offering, unto the priest: and the priest shall make an atonement for him concerning his ignorance wherein he erred and wist it not, and it shall be forgiven him. (Leviticus 5:18 KJV)

 

Then it shall be, if ought be committed by ignorance without the knowledge of the congregation, that all the congregation shall offer one young bullock for a burnt offering, for a sweet savour unto YHWH, with his meat offering, and his drink offering, according to the manner, and one kid of the goats for a sin offering.  ²⁵And the priest shall make an atonement for all the congregation of the children of Israel, and it shall be forgiven them; for it is ignorance: and they shall bring their offering, a sacrifice made by fire unto YHWH, and their sin offering before YHWH, for their ignorance: ²⁶and it shall be forgiven all the congregation of the children of Israel, and the stranger that sojourneth among them; seeing all the people were in ignorance.  ²⁷And if any soul sin through ignorance, then he shall bring a she goat of the first year for a sin offering.  ²⁸And the priest shall make an atonement for the soul that sinneth ignorantly, when he sinneth by ignorance before YHWH, to make an atonement for him; and it shall be forgiven him.  ²⁹Ye shall have one law for him that sinneth through ignorance, both for him that is born among the children of Israel, and for the stranger that sojourneth among them. (Numbers 15:24-29 KJV)

There is much to be learned from these passages.  We should first recognize that sins of ignorance and loss of life through ignorance still have powerful effects.  While one does not intend to pollute the sanctuary through a sin of ignorance, the sanctuary is still polluted and must be dealt with.  While one may not have intended to kill a person, his death is nonetheless real.  YHWH does not simply sweep the reality of these “sins of ignorance” or “involuntary deaths” under the rug.  To do so would be to diminish the value of sanctity and holiness and, in the case of death, devalue the sanctity of human life.  Therefore, YHWH mandates that such actions be addressed in a genuine fashion.  However, we should see that YHWH does not hold us totally accountable for what we do not know or what we did not intend.

Understanding this truth is important for dealing with all the saints and believers who have sat in pews receiving errant teaching, yet believing it most sincerely.  Based on this principle, I am convinced that my grandmother and grandfather, who loved YHWH but did not keep kosher, wear tzitzit, or celebrate the feasts, will be present in the world to come.  While they may not have kept the Torah perfectly, their “sin” was one of ignorance.  They were not aware that they were violating the commandments of YHWH.  Thus, the sacrifice of Messiah will more than cover them.  Clearly, my grandparents’ intent was to serve the Creator and His Messiah.  While they missed some of the more external aspects of the Torah, they did their best to keep the weightier matters of the Torah.  They loved YHWH, walked humbly, did good, sought justice, and blessed many people in their lifetimes.

YHWH does not condemn the ignorant sinner or inadvertent killer; instead, YHWH provides a system of atonement.  For those who commit a sin of ignorance there is a substitutionary sacrifice that “covers” the sin, thus declaring the sin to be worthy of death and inconsistent with the image of YHWH.  This same covering, however, provided by the substitute’s blood, likewise provides the necessary protection from YHWH’S holiness that affords the inadvertent sinner continued communion with the Creator.

In the case of the inadvertent killer, a similar system is in place.  The inadvertent slayer is afforded protection from the avenger or redeemer of blood in the city of refuge.  The inadvertent killer must remain in exile from his own friends and family in the city of refuge until the death of the Cohen Gadol.  As long as the inadvertent killer remains in the city of refuge, the redeemer of blood cannot kill him.  If, however, the killer leaves the sanctuary of the city of refuge prior to the death of the Cohen Gadol, then the redeemer of blood may kill the slayer without repercussions.

But if the slayer shall at any time come without the border of the city of his refuge, whither he was fled; ²⁷and 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. (Numbers 35:26-27 KJV)

Even though the killing was inadvertent, we should note that the killer must live in exile.  Just as the victim’s family and friends suffer the loss of their loved one, so too the family of the killer suffers the temporary loss of their loved one.  One can see in this a sense of fairness.  We should also note that the life of the Cohen Gadol is understood to provide the expiating death for the inadvertent killer.  Timothy R. Ashley raises and then addresses two critical questions concerning the connection between the term of detention in the city of refuge and the death of the Cohen Gadol.

Two questions 1) is the term of stay in the city of refuge seen as atoning for the death of the victim 2) why is the death of the high priest seen as an end to the term.

 

The simplest and best view seems to be that the death of the high priest marks the end of an old era and the beginning of a new one.  Noth connected this verse with the custom of amnesty to prisoners at the accession of a new monarch.  But the term of detention in the city of refuge ended not with the anointing of a new high priest but at the death of the old one.  It is possible that the death of the high priest expiated the death of the victim and hence brought the blood guilt on the killer to an end.  His death may have been understood as fulfilling the principle that shed human blood can only be expiated by shed human blood (Gen. 9:6).  In this case, the high priest’s death was on behalf of the killer, much as the priest offers sacrifices on behalf of the people elsewhere.  The Talmud also takes the passage in this way—it is the death of the high priest rather than the term of confinement in the city of refuge that expiates the death of the victim.  This view is also consistent with vv. 32-33, which do not allow any ransom to buy off the blood of the victim.  The clause “who has been anointed by holy oil” underlines the fact that the high priest has been set apart to this kind of ministry (cf. Exod. 29:1-46; Lev. 8:1-36).[3]

Ashley correctly points out the connection between the priesthood, especially that of the Cohen Gadol, and the bearing of the iniquity of the children of Israel.

And it shall be upon Aaron’s forehead, that Aaron may bear the iniquity of the holy things, which the children of Israel shall hallow in all their holy gifts; and it shall be always upon his forehead, that they may be accepted before YHWH. (Exodus 28:38 KJV)

 

Wherefore have ye not eaten the sin offering in the holy place, seeing it is most holy, and Elohim hath given it you to bear the iniquity of the congregation, to make atonement for them before YHWH? (Leviticus 10:17 KJV)

 

And YHWH said unto Aaron, Thou and thy sons and thy father’s house with thee shall bear the iniquity of the sanctuary: and thou and thy sons with thee shall bear the iniquity of your priesthood. (Numbers 18:1 KJV)

Providing the necessary sacrificial coverings for the sins of the people is a fundamental function of the priesthood.  It should not be surprising that the death of the Cohen Gadol would, in some sense, serve to expiate unintentional sin or inadvertent killing.  Jacob Milgrom affirms the fact that the death of the Cohen Gadol is what expiates the sin, not the time of confinement.

The term kohen gadol, “High Priest,” is found in Leviticus 21:10 and Joshua 20:6 (also 2 Kings 12:11;[4] 22:4; Hag. 1:1, 12; Zech. 3:1; Neh. 3:1).  As the High Priest atones for Israel’s sins through his cultic service in his lifetime (Exod. 29:36; Lev. 16:16, 21), so he atones for homicide through his death.  Since the blood of the slain, although spilled accidentally, cannot be avenged through the death of the slayer, it is ransomed through the death of the High Priest, which releases all homicides from their cities of refuge.  That it is not the exile of the manslayer but the death of the High Priest that expiates his crime is confirmed by the Mishnah: “If, after the slayer has been sentenced as an accidental homicide, the High Priest dies, he need not go into exile.”  The Talmud, in turn, comments thereon: “But is it not the exile that expiates?  It is not the exile that expiates, but the death of the High Priest.”[5]

While the inadvertent killer may and should remain in the city of refuge, the murderer cannot.  While a murder may run to the city of refuge seeking asylum, once his trial is held and the determination is made that murder was committed, the murderer must be handed over to the redeemer of blood.  No murderer may remain in the city of refuge.

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.  ¹⁷And 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.  ¹⁸Or 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.  ¹⁹The revenger of blood himself shall slay the murderer: when he meeteth him, he shall slay him.  ²⁰But if he thrust him of hatred, or hurl at him by laying of wait, that he die; ²¹or 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. (Numbers 35:16-21 KJV)

The emphatic refrain makes it emphatically clear that the murderer is to die.  We should also note that it is the go’el hadam, “the redeemer of blood,” who is to mete out justice and carry out the death sentence upon the willful murderer.  We should note that while all Ancient Near Eastern cultures and law codes make provision for justice in the case of murder, only Israel demands the death of the murderer.

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.  ³²And 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. (Numbers 35:31-32 KJV)

Two points must be noted from these verses.  First, there is no ransom to be paid by or for the inadvertent killer.  Even the inadvertent killer must remain in the city of refuge until the death of the Cohen Gadol.  There is no circumventing this sentence.  If the killer does leave, his life is in peril, as already seen in the verses above.  Second, there is absolutely no ransom to free a willful murderer.  Ashley points out a very practical reason for this prohibition against a ransom for murder.

The practical reason behind this law may very well be, as Noordtzij suggested, to avoid giving the rich who could afford such payments a loophole to commit murder at will, or a method of making an incident of human death an occasion for enrichment.  The law thus upholds the principle of the importance of human life.[6]

There is only one way out for a murderer – death.  The murderer can find no sanctuary in the city of refuge or the land of Israel.  The basis of this principle is found in the Noahic covenant.

And Elohim blessed Noah and his sons, and said unto them, Be fruitful, and multiply, and replenish the earth.  ²And the fear of you and the dread of you shall be upon every beast of the earth, and upon every fowl of the air, upon all that moveth upon the earth, and upon all the fishes of the sea; into your hand are they delivered.  ³Every moving thing that liveth shall be meat for you; even as the green herb have I given you all things.  ⁴But flesh with the life thereof, which is the blood thereof, shall ye not eat.  ⁵And surely your blood of your lives will I require; at the hand of every beast will I require it, and at the hand of man; at the hand of every man’s brother will I require the life of man.  ⁶Whoso sheddeth man’s blood, by man shall his blood be shed: for in the image of Elohim made He man. (Genesis 9:1-6 KJV)

In the charge to Noah and his sons after the flood, we observe the similarities to the blessing given to Adam and Chava in the Garden of Eden.  One significant variation, however, is the fact that Noah and his sons (and their descendants) are give permission to kill and eat animals.  We must note, however, that there are certain restrictions.  Man is not to eat any blood.  Man is permitted to kill and eat animals, but neither man nor animal is permitted to kill (and presumably) eat man.

I contend that the dietary restrictions and the prohibition against murder are directly connected.  The basis given for the law prohibiting man and animal from killing man is that man was created to be the image of the Creator.  In this regard, human life is set apart; it is different than animal life.  By giving man permission to kill and eat animals, man is to make the distinction between human life and animal life.  As the image of the Creator, man is to exercise dominion over the animal realm, which includes his own animal nature.  To kill man is to desecrate the image of YHWH.  We should recall that death defiles and belongs to the realm of tamei.

And YHWH said unto Moses, Speak unto the priests the sons of Aaron, and say unto them, There shall none be defiled for the dead among his people. (Leviticus 21:1 KJV)

 

And he that is the high priest among his brethren, upon whose head the anointing oil was poured, and that is consecrated to put on the garments, shall not uncover his head, nor rend his clothes; ¹¹neither shall he go in to any dead body, nor defile himself for his father, or for his mother. (Leviticus 21:10-11 KJV)

 

And YHWH spake unto Moses, saying, ²Command the children of Israel, that they put out of the camp every leper, and every one that hath an issue, and whosoever is defiled by the dead: ³both male and female shall ye put out, without the camp shall ye put them; that they defile not their camps, in the midst whereof I dwell. (Numbers 5:1-3 KJV)

 

He that toucheth the dead body of any man shall be unclean seven days. (Numbers 19:11 KJV)

YHWH is the Elohim of life.  Since the Torah is the self-revelation of YHWH, life is the overarching theme of the whole Torah.  Death has no part in YHWH.  Man, as the image of YHWH, must be alive to manifest the image of the living Elohim.  This is why wood, stone, and metal are not acceptable vehicles to manifest the image of YHWH.

Their idols are silver and gold, the work of men’s hands.  ⁵They have mouths, but they speak not: eyes have they, but they see not: ⁶they have ears, but they hear not: noses have they, but they smell not: ⁷they have hands, but they handle not: feet have they, but they walk not: neither speak they through their throat. (Psalm 115:4-7 KJV)

A dead man cannot be the image of YHWH.  To murder a man is to render the image of YHWH as dead.  Murder may, therefore, be compared to blasphemy and idolatry.  Thus, the only justice for the one who commits the murder is for him to be put to death.

 

Whoso sheddeth man’s blood, by man shall his blood be shed: for in the image of Elohim made He man. (Genesis 9:6 KJV)

He that smiteth a man, so that he die, shall be surely put to death. (Exodus 21:12 KJV)

 

And he that killeth any man shall surely be put to death. (Leviticus 24:17 KJV)

At first, this sentence may seem contradictory.  If killing a man made in the image of YHWH desecrates the image of YHWH, then would not killing the killer who was made in the image of YHWH likewise desecrate the image of YHWH?  The answer is no.  It is true that both men, the victim and the killer, were created to be the image of YHWH.  Both were to manifest the Creator in the world by their obedience to His living Word.  The victim is rendered tamei or unacceptable as the image of YHWH by reason of his death.  The victim’s carcass is no longer an acceptable vehicle for the manifestation of the living Elohim.  The killer, however, is also tamei, by reason of his contact with a dead body.  But even further, the murderer has taken a life that was given by YHWH for a purpose.  As the image of YHWH, the murderer has given the false image of YHWH as a random killer who neither values nor respects the sanctity of human life.  Nothing could be further from the truth.  YHWH is LIFE!  The murderer is creating a false image of YHWH and, therefore, must be stopped.  For this reason the murderer is sentenced to death, and his behavior and the image he proclaimed are declared to be unacceptable and inconsistent with the image of the living Elohim.

Upon hearing that the killer is to be killed, we might expect to see the law of talion in this passage.

Eye for eye, tooth for tooth, hand for hand, foot for foot, ²⁵burning for burning, wound for wound, stripe for stripe. (Exodus 21:24-25 KJV)

 

Breach for breach, eye for eye, tooth for tooth: as he hath caused a blemish in a man, so shall it be done to him again. (Leviticus 24:20 KJV)

 

And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot. (Deuteronomy 19:21 KJV)

The absence of this principle in our portion can best be explained by the fact that the Torah prohibits the acceptance of a ransom for a murderer.  The law of talion is not necessarily understood or practiced literally.  Rather, it is an idiomatic means of expressing justice.  In other words, it is a way of teaching that the financial compensation is to be consistent with the crime.  This is demonstrated in the first use of the principle.

If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow: he shall be surely punished, according as the woman’s husband will lay upon him; and he shall pay as the judges determine.  ²³And if any mischief follow, then thou shalt give life for life, ²⁴eye for eye, tooth for tooth, hand for hand, foot for foot. (Exodus 21:22-24 KJV)

This is a case where two men are fighting near a pregnant woman.  One of the men hits the woman so that she delivers her child prematurely – but it lives.  The man who hit the woman is to be punished, and the husband of the woman is to exact justice.  In other words, the husband may sue for medical bills or other expenses related to his wife and child.  If, however, the child dies, then the man is considered a murderer and must be put to death.  If we were to understand the law of talion to be literal in its meaning, then we would have to say that the guilty man’s unborn child must be taken from him.  Since men do not have unborn children, there is no way to fulfill the law.  To take the man’s wife’s unborn child would be to punish the wife, who is innocent.  This too would be unjust.  Therefore, the law of talion is a principle of just compensation for wrongs done.  Since there can be no such compensation for murder, the law of talion is appropriately absent from this teaching.

Earlier in the portion I stated that the cities of refuge serve two functions.  First, they are a part of the court system in the land of Israel, and second, they are to protect the sanctity of the land of Israel.  We already stated above that the children of Israel’s existence and protection in the land of Israel are dependent upon the presence of YHWH in their midst.  We also noted that the calling of the Levites is to protect the sanctity of the camp from defilement, thus protecting Israel from YHWH’S withdrawing from the land.  Jacob Milgrom writes:

It is a basic theological postulate that the divine Presence cannot abide in a land polluted by murder; the offense leads to the pollution of the earth and the abandonment by God of His sanctuary and people.  For this reason the laws of homicide are given special treatment here.[7]

YHWH cannot abide in a defiled land.  If the land is defiled, YHWH will withdraw and Israel will be exiled.  It is the calling to sanctify the land by removing the murderer that explains why the cities of the Levites are chosen to be the cities of refuge.  The Levites are charged with protecting the sanctity of the land of Israel.

Our portion and the book of Bemidbar conclude with a revisitation and clarification of the laws of a daughter’s inheritance.  Earlier in the narrative of the wilderness generation, the daughters of Zelophehad came to Moses, concerned that their deceased father would be forgotten among the children of Israel because he died without a male heir to receive his portion of the promised land.

Then came the daughters of Zelophehad, the son of Hepher, the son of Gilead, the son of Machir, the son of Manasseh, of the families of Manasseh the son of Joseph: and these are the names of his daughters; Mahlah, Noah, and Hoglah, and Milcah, and Tirzah.  ²And they stood before Moses, and before Eleazar the priest, and before the princes and all the congregation, by the door of the tabernacle of the congregation, saying, ³Our father died in the wilderness, and he was not in the company of them that gathered themselves together against YHWH in the company of Korah; but died in his own sin, and had no sons.  ⁴Why should the name of our father be done away from among his family, because he hath no son?  Give unto us therefore a possession among the brethren of our father. (Numbers 27:1-4 KJV)

After hearing their concern and consulting the Sovereign One, Moses commanded that daughters could inherit their father’s property.

And Moses brought their cause before YHWH.  ⁶And YHWH spake unto Moses, saying, ⁷The daughters of Zelophehad speak right: thou shalt surely give them a possession of an inheritance among their father’s brethren; and thou shalt cause the inheritance of their father to pass unto them.  ⁸And thou shalt speak unto the children of Israel, saying, If a man die, and have no son, then ye shall cause his inheritance to pass unto his daughter.  ⁹And if he have no daughter, then ye shall give his inheritance unto his brethren.  ¹⁰And if he have no brethren, then ye shall give his inheritance unto his father’s brethren.  ¹¹And if his father have no brethren, then ye shall give his inheritance unto his kinsman that is next to him of his family, and he shall possess it: and it shall be unto the children of Israel a statute of judgment, as YHWH commanded Moses. (Numbers 27:5-11 KJV)

In our portion yet another concern regarding the inheritance of daughters is brought before Moses.  Each tribe was allotted a specific territory in the land of Israel, including the tribes of Reuben, Gad, and the half-tribe of Manasseh.  Each clan and family within the tribe was likewise given a portion of the tribal territory for their specific inheritance.  This portion of the family and clan was to remain within the tribal possession.  In marriage, however, a wife’s property passes to her children, which will be counted among their father’s tribe, clan, and family.  This means that ultimately, a wife’s property passes through her children to her husband’s family.  This system leaves little “islands” of property belonging to other tribes and clans within the tribal territory.

And the chief fathers of the families of the children of Gilead, the son of Machir, the son of Manasseh, of the families of the sons of Joseph, came near, and spake before Moses, and before the princes, the chief fathers of the children of Israel: ²and they said, YHWH commanded my lord to give the land for an inheritance by lot to the children of Israel: and my lord was commanded by YHWH to give the inheritance of Zelophehad our brother unto his daughters.  ³And if they be married to any of the sons of the other tribes of the children of Israel, then shall their inheritance be taken from the inheritance of our fathers, and shall be put to the inheritance of the tribe whereunto they are received: so shall it be taken from the lot of our inheritance. (Numbers 36:1-3 KJV)

Moses then expands the teaching of inheritance, providing a simple solution to the dilemma.

And Moses commanded the children of Israel according to the word of YHWH, saying, The tribe of the sons of Joseph hath said well.  ⁶This is the thing which YHWH doth command concerning the daughters of Zelophehad, saying, Let them marry to whom they think best; only to the family of the tribe of their father shall they marry.  ⁷So shall not the inheritance of the children of Israel remove from tribe to tribe: for every one of the children of Israel shall keep himself to the inheritance of the tribe of his fathers.  ⁸And every daughter, that possesseth an inheritance in any tribe of the children of Israel, shall be wife unto one of the family of the tribe of her father, that the children of Israel may enjoy every man the inheritance of his fathers.  ⁹Neither shall the inheritance remove from one tribe to another tribe; but every one of the tribes of the children of Israel shall keep himself to his own inheritance. (Numbers 36:5-9 KJV)

The solution given by Moses is a restriction placed upon heiresses to marry only within their tribe.  If a daughter who inherits marries within her tribe, then her property, although it passes through her children to her husband’s family, remains within the tribe.  By establishing this restriction, the tribal territory always remains within the tribe.

Jacob Milgrom raises the question as to why this passage was chosen to close the book of Bemidbar.

Why was this chapter placed at the end of the book and not where it belongs contextually, after 27:1-11?  Most critics would answer that this chapter was composed after the Book of Numbers was completed.  Another possibility is that this chapter “may reflect the Torah’s pervasive genealogical interest: there are ten generations from Adam to Noah; ten generations from Noah to Terah (Abraham’s father); and ten generations from Abraham to the daughters of Zelophehad.  The end of the wanderings is thus related to creation, and Genesis and Numbers are placed in a unified structure.  A literary explanation also bears merit: “The accounts of the daughters of Zelophehad in Numbers 27 and 36…form an inclusion for the events and organization of the new generation whose emergence is marked by the second census list in chapter 26.[8]

Dennis T. Olson likewise points to the fact that the two narratives about the daughters of Zelophehad act as bookends for the narrative of the wilderness generation.

The two accounts of the daughters of Zelophehad in Numbers 27 and 36 form a literary frame that holds together the texts related to the new generation.  Most of the material inside this literary frame relates in some way to the future settlement of Israel in the land of Canaan.  Thus, the two narratives about the five women and land inheritance serve as positive confirmation that God’s promise of the land will soon be granted to this new generation.[9]

As we stated at the beginning of this study, the emphasis has subtly shifted from promise to fulfillment.  In the beginning, the focus of the book of Numbers was clearly on the promise of inheriting the land.  Now, the focus has shifted to life in the land.  This is clearly meant to be a positive and forward-looking declaration.

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[1] The Transjordan refers to the land east of the Jordan River inhabited by Reuben, Gad, and the half-tribe of Manasseh.

[2] The Cisjordan refers to the land of Canaan west of the Jordan River inhabited by the rest of the tribes.

[3] The New International Commentary on the Old Testament, The Book of Numbers, Timothy R. Ashley, William B. Eerdmans Publishing Company, Pp. 654-655

[4] Milgrom cites the Masoretic text.  The verse is found in 2 Kings 12:10 in the King James Version.

[5] The JPS Torah Commentary: Numbers, Jacob Milgrom, Jewish Publication Society, Pg. 294

[6] The New International Commentary on the Old Testament, The Book of Numbers, Timothy R. Ashley, William B. Eerdmans Publishing Company, Pg. 656

[7] The JPS Torah Commentary: Numbers, Jacob Milgrom, Jewish Publication Society, Pg. 291

[8] The JPS Torah Commentary: Numbers, Jacob Milgrom, Jewish Publication Society, Pg. 296

[9] Numbers (Interpretation, a Bible Commentary for Teaching and Preaching), Dennis T. Olson, John Knox Press, Pg. 192