Why must Israel make nearby refuge cities, and who is excluded from their protection?

Atlas of Saints · Chapter summary

The cities and prepared ways give an unintentional slayer without prior hatred somewhere nearby to flee, lest the grieving next kinsman catch and kill him on a long journey. A person who hated his neighbor, lay in wait, and killed him must instead be taken from refuge by the city elders and delivered to the slain person’s kinsman to die.

Chapter breakdown

When the Lord has destroyed the nations and Israel possesses their land and dwells in its cities and houses, Israel must set apart three cities in the land. It must diligently pave the way and divide the whole province equally into three parts, so a person fleeing for manslaughter has an escape near at hand. The protected slayer killed his neighbor unknowingly and is proved to have had no hatred yesterday or the day before. The law gives an example: the two go to the woods to cut wood; while cutting a tree, the axe slips from the slayer’s hand, and its iron slips from the handle, strikes his friend, and kills him. He may flee to one of the cities and live. Otherwise the slain person’s next kinsman, driven by grief, might pursue and catch him if the way is too long and kill him, though he is not guilty of death because he had no prior hatred. Moses therefore commands three cities at equal distance from one another.

When the Lord enlarges Israel’s borders as sworn to its fathers and gives all the promised land, Israel must add three other cities, doubling the first three. This is conditional on keeping his commands, doing what Moses commands that day, loving the Lord, and walking in his ways at all times. The purpose is that innocent blood may not be shed in the land he gives and that Israel not become guilty of blood.

If a man hates his neighbor, waits for his life, strikes and kills him, and flees to refuge, the elders of his city must send and take him from the refuge. They must deliver him to the slain person’s kinsman, and he shall die. Israel must not pity him. It must remove the guilt of innocent blood so it may go well with it. Israel also must not take or remove its neighbor’s landmark, set by predecessors in the possession the Lord will give in the land it receives.

One witness must not rise against any man for any sin or wickedness; every word stands on the words of two or three witnesses. If a lying witness accuses someone of transgression, both parties must stand before the Lord in the sight of the priests and judges serving then. After the most diligent inquiry finds that the witness lied against his brother, they must do to him what he meant to do to his brother, removing evil from their midst. The stated purpose is that others may hear, fear, and not dare to do such things. No pity is to be shown; the stated requirements are life for life, eye for eye, tooth for tooth, hand for hand, and foot for foot.

The story inside

The refuge rule distinguishes lack of prior hatred from a planned killing. Its woodcutting example describes a chain of slips: the axe leaves the hand, the iron leaves the handle, and it kills the friend. The nearby city is meant to prevent a long journey from giving the grieving kinsman the chance to catch a slayer not guilty of death. The separate case of hatred and lying in wait has a different direction: the elders take that killer from refuge and deliver him to the kinsman. The witness rules then require two or three witnesses and diligent inquiry into a lying accusation. They direct the intended penalty back on the lying witness. These are legal examples and commands, not reports of an actual woodcutter’s escape, killing, or trial.

Lessons worth keeping

1
Distance matters in the stated refuge reason. Three parts, prepared ways, and equally spaced cities provide a nearby escape lest the next kinsman catch a slayer on a journey too long. The protected person must have no prior hatred.
2
Refuge does not protect the described planned killer. Hatred, lying in wait, a fatal strike, and flight to refuge form the case in which elders must take him out and deliver him to the kinsman.
3
A lying accusation requires inquiry and has a specified consequence. Both parties stand before the priests and judges; after the lie is found through diligent inquiry, the witness receives what he intended for his brother. The full life, eye, tooth, hand, and foot requirements remain stated.

Test your recall

Why does Moses require refuge cities near at hand and at equal distance from one another?

Source edition and notes

Douay–Rheims, revised by Richard Challoner (1749–1752). Project Gutenberg no. 1581. Locators refer to lines in the admitted pg1581.txt edition. Source notes may include Challoner commentary.

Lines 20576–20607
Deuteronomy Chapter 19 The cities of refuge. Wilful murder, and false witnesses must be punished. 19:1. When the Lord thy God hath destroyed the nations, whose land he will deliver to thee, and thou shalt possess it, and shalt dwell in the cities and houses thereof: 19:2. Thou shalt separate to thee three cities in the midst of the land, which the Lord will give thee in possession, 19:3. Paving diligently the way: and thou shalt divide the whole province of thy land equally into three parts: that he who is forced to flee for manslaughter, may have near at hand whither to escape. 19:4. This shall be the law of the slayer that fleeth, whose life is to be saved: He that killeth his neighbor ignorantly, and who is proved to have had no hatred against him yesterday and the day before: 19:5. But to have gone with him to the wood to hew wood, and in cutting down the tree the axe slipped out of his hand, and the iron slipping from the handle struck his friend, and killed him: he shall flee to one of the cities aforesaid, and live: 19:6. Lest perhaps the next kinsman of him whose blood was shed, pushed on by his grief should pursue, and apprehend him, if the way be too long, and take away the life of him who is not guilty of death, because he is proved to have had no hatred before against him that was slain. 19:7. Therefore I command thee, that thou separate three cities at equal distance one from another.
Lines 20609–20620
19:8. And when the Lord thy God shall have enlarged thy borders, as he swore to thy fathers, and shall give thee all the land that he promised them, 19:9. (Yet so, if thou keep his commandments, and do the things which I command thee this day, that thou love the Lord thy God, and walk in his ways at all times) thou shalt add to thee other three cities, and shalt double the number of the three cities aforesaid: 19:10. That innocent blood may not be shed in the midst of the land which the Lord thy God will give thee to possess, lest thou be guilty of blood.
Lines 20622–20635
19:11. But if any man hating his neighbour, lie in wait for his life, and rise and strike him, and he die, and he flee to one of the cities aforesaid, 19:12. The ancients of his city shall send, and take him out of the place of refuge, and shall deliver him into the hand of the kinsman of him whose blood was shed, and he shall die. 19:13. Thou shalt not pity him, and thou shalt take away the guilt of innocent blood out of Israel, that it may be well with thee. 19:14. Thou shalt not take nor remove thy neighbour’s landmark, which thy predecessors have set in thy possession, which the Lord thy God will give thee in the land that thou shalt receive to possess.
Lines 20637–20660
19:15. One witness shall not rise up against any man, whatsoever the sin or wickedness be: but in the mouth of two or three witnesses every word shall stand. 19:16. If a lying witness stand against a man, accusing him of transgression, 19:17. Both of them, between whom the controversy is, shall stand before the Lord in the sight of the priests and the judges that shall be in those days. 19:18. And when after most diligent inquisition, they shall find that the false witness hath told a lie against his brother: 19:19. They shall render to him as he meant to do to his brother, and thou shalt take away the evil out of the midst of thee: 19:20. That others hearing may fear, and may not dare to do such things. 19:21. Thou shalt not pity him, but shalt require life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.