Difference between revisions of "Arei Miklat – Cities of Refuge or Exile/2"
(Original Author: Neima Novetsky) |
(Original Author: Neima Novetsky) |
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<p>The cities are designated to serve as a refuge for the accidental killer, providing him with protection from the wrath of the blood avenger.</p> | <p>The cities are designated to serve as a refuge for the accidental killer, providing him with protection from the wrath of the blood avenger.</p> | ||
<mekorot> | <mekorot> | ||
− | <multilink><a href="RambamMoreh3-40" data-aht="source">Rambam</a><a href="RambamMoreh3-40" data-aht="source">Moreh Nevukhim 3:40</a><a href="Rambam" data-aht="parshan">About R. Moshe Maimonides</a></multilink>, | + | <multilink><a href="RambamMoreh3-40" data-aht="source">Rambam</a><a href="RambamMoreh3-40" data-aht="source">Moreh Nevukhim 3:40</a><a href="R. Moshe b. Maimon (Rambam)" data-aht="parshan">About R. Moshe Maimonides</a></multilink>, |
− | <multilink><a href="AbarbanelDevarim19" data-aht="source">Abarbanel</a><a href="AbarbanelShemot21" data-aht="source">Shemot 21</a><a href="AbarbanelBemidbar35" data-aht="source">Bemidbar 35</a><a href="AbarbanelDevarim19" data-aht="source">Devarim 19</a><a href="Abarbanel" data-aht="parshan">About R. Yitzchak Abarbanel</a></multilink>, | + | <multilink><a href="AbarbanelDevarim19" data-aht="source">Abarbanel</a><a href="AbarbanelShemot21" data-aht="source">Shemot 21</a><a href="AbarbanelBemidbar35" data-aht="source">Bemidbar 35</a><a href="AbarbanelDevarim19" data-aht="source">Devarim 19</a><a href="R. Yitzchak Abarbanel" data-aht="parshan">About R. Yitzchak Abarbanel</a></multilink>, |
− | <multilink><a href="ShadalBemidbar35-12" data-aht="source">Shadal</a><a href="ShadalShemot21-12" data-aht="source">Shemot 21:12-13</a><a href="ShadalBemidbar35-12" data-aht="source">Bemidbar 35:12,25</a><a href="Shadal" data-aht="parshan">About R. Shemuel David Luzzatto</a></multilink> | + | <multilink><a href="ShadalBemidbar35-12" data-aht="source">Shadal</a><a href="ShadalShemot21-12" data-aht="source">Shemot 21:12-13</a><a href="ShadalBemidbar35-12" data-aht="source">Bemidbar 35:12,25</a><a href="R. Shemuel David Luzzatto (Shadal)" data-aht="parshan">About R. Shemuel David Luzzatto</a></multilink> |
</mekorot> | </mekorot> | ||
<point><b>Meaning of "מִקְלָט"</b> – <multilink><a href="OnkelosBemidbar35-6" data-aht="source">Onkelos</a><a href="OnkelosBemidbar35-6" data-aht="source">Bemidbar 35:6, 11-14</a><a href="Onkelos" data-aht="parshan">About Onkelos</a></multilink> translates "עָרֵי הַמִּקְלָט" as "קרוי שיזבותא" or cities of salvation. According to this definition, the name highlights the protective role of the cities.<fn>Since the word "מִקְלָט" only appears in Tanakh in the context of these cities, its meaning is difficult to determine with certainty. The context and the fact that some verses speak of the cities being a מִקְלָט "from the blood avenger", might support this reading. For a discussion of the etymology of the word and how it affects one's understanding of the purpose of the cities as a whole, see J. Milgrom, Olam HaTanakh Bemidbar (Tel Aviv, 1993): 205, and R. Elchanan Samet, "ערי מקלט – משמעות השם", ‎ עיונים בפרשות השבוע: סדרה שלישית (Tel Aviv, 2012).</fn></point> | <point><b>Meaning of "מִקְלָט"</b> – <multilink><a href="OnkelosBemidbar35-6" data-aht="source">Onkelos</a><a href="OnkelosBemidbar35-6" data-aht="source">Bemidbar 35:6, 11-14</a><a href="Onkelos" data-aht="parshan">About Onkelos</a></multilink> translates "עָרֵי הַמִּקְלָט" as "קרוי שיזבותא" or cities of salvation. According to this definition, the name highlights the protective role of the cities.<fn>Since the word "מִקְלָט" only appears in Tanakh in the context of these cities, its meaning is difficult to determine with certainty. The context and the fact that some verses speak of the cities being a מִקְלָט "from the blood avenger", might support this reading. For a discussion of the etymology of the word and how it affects one's understanding of the purpose of the cities as a whole, see J. Milgrom, Olam HaTanakh Bemidbar (Tel Aviv, 1993): 205, and R. Elchanan Samet, "ערי מקלט – משמעות השם", ‎ עיונים בפרשות השבוע: סדרה שלישית (Tel Aviv, 2012).</fn></point> | ||
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<point><b>Why are blood avengers allowed?</b> | <point><b>Why are blood avengers allowed?</b> | ||
<ul> | <ul> | ||
− | <li><b>Concession to human nature</b> – Shadal maintains that ideally there would be no institution of blood avenging at all, but at times the Torah makes concessions to human nature. Knowing that relatives of the deceased would not be satisfied in watching his killer go free, the Torah allowed them to pursue him while simultaneously protecting the killer by setting up cities of refuge.<fn>The Torah recognizes that change is a gradual process, and that in certain instances introducing a prohibition that people are not ready to accept might have worse repercussions than allowing, but confining, the action. Thus, here the Torah does not prohibit blood killings, knowing that such a command would not be adhered to in any case, and would simply lead to criticism of the judicial system and more rampant killings. Instead, it sets certain conditions upon the rights of the avenger, with the hope that over time the institution of blood avengers will disappear. Shadal points out that these steps were not necessary when dealing with an intentional killer, since the capital punishment he was to receive at the hands of the judicial system would suffice to quiet the wrath of the blood avenger. For other examples where Shadal similarly explains laws as being concessions to human nature, see <a href="Shadal" data-aht="parshan">R. Shemuel David Luzzatto</a>.</fn></li> | + | <li><b>Concession to human nature</b> – Shadal maintains that ideally there would be no institution of blood avenging at all, but at times the Torah makes concessions to human nature. Knowing that relatives of the deceased would not be satisfied in watching his killer go free, the Torah allowed them to pursue him while simultaneously protecting the killer by setting up cities of refuge.<fn>The Torah recognizes that change is a gradual process, and that in certain instances introducing a prohibition that people are not ready to accept might have worse repercussions than allowing, but confining, the action. Thus, here the Torah does not prohibit blood killings, knowing that such a command would not be adhered to in any case, and would simply lead to criticism of the judicial system and more rampant killings. Instead, it sets certain conditions upon the rights of the avenger, with the hope that over time the institution of blood avengers will disappear. Shadal points out that these steps were not necessary when dealing with an intentional killer, since the capital punishment he was to receive at the hands of the judicial system would suffice to quiet the wrath of the blood avenger. For other examples where Shadal similarly explains laws as being concessions to human nature, see <a href="R. Shemuel David Luzzatto (Shadal)" data-aht="parshan">R. Shemuel David Luzzatto</a>.</fn></li> |
− | <li><b>Blood avengers were wronged</b> – Abarbanel asserts that though the unintentional killer is not viewed as a criminal by the court, he did nonetheless wrong the blood avenger in killing his relative (albeit accidentally). Thus, if the killer decides to leave the city of refuge, it is viewed as a contemptuous insult to the family of the deceased, making him undeserving of further protection.<fn>Abarbanel is only explaining why a blood avengers is allowed to slay a killer who leaves the city of refuge early, but does not account for why this should be allowed when the killer is first | + | <li><b>Blood avengers were wronged</b> – Abarbanel asserts that though the unintentional killer is not viewed as a criminal by the court, he did nonetheless wrong the blood avenger in killing his relative (albeit accidentally). Thus, if the killer decides to leave the city of refuge, it is viewed as a contemptuous insult to the family of the deceased, making him undeserving of further protection.<fn>Abarbanel is only explaining why a blood avengers is allowed to slay a killer who leaves the city of refuge early, but does not account for why this should be allowed when the killer is first en route to the city.</fn></li> |
</ul> | </ul> | ||
</point> | </point> | ||
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<multilink><a href="TzerorBemidbar35-9" data-aht="source">Tzeror HaMor</a><a href="TzerorBemidbar35-9" data-aht="source">Bemidbar 35:9,25,32,34</a><a href="R. Avraham Saba" data-aht="parshan">About R. Avraham Saba</a></multilink>, | <multilink><a href="TzerorBemidbar35-9" data-aht="source">Tzeror HaMor</a><a href="TzerorBemidbar35-9" data-aht="source">Bemidbar 35:9,25,32,34</a><a href="R. Avraham Saba" data-aht="parshan">About R. Avraham Saba</a></multilink>, | ||
<multilink><a href="SefornoBemidbar35-25" data-aht="source">Seforno</a><a href="SefornoShemot21-13" data-aht="source">Shemot 21:13</a><a href="SefornoBemidbar35-25" data-aht="source">Bemidbar 35:25</a><a href="R. Ovadyah Seforno" data-aht="parshan">About R. Ovadyah Seforno</a></multilink>, | <multilink><a href="SefornoBemidbar35-25" data-aht="source">Seforno</a><a href="SefornoShemot21-13" data-aht="source">Shemot 21:13</a><a href="SefornoBemidbar35-25" data-aht="source">Bemidbar 35:25</a><a href="R. Ovadyah Seforno" data-aht="parshan">About R. Ovadyah Seforno</a></multilink>, | ||
− | <multilink><a href="NetzivBemidbar35-34" data-aht="source">Netziv</a><a href="NetzivBemidbar35-34" data-aht="source">Bemidbar 35:34</a><a href="NetzivDevarim19-6" data-aht="source">Devarim 19:6-7</a><a href="Netziv" data-aht="parshan">About R. Naftali Z"Y Berlin</a></multilink></mekorot> | + | <multilink><a href="NetzivBemidbar35-34" data-aht="source">Netziv</a><a href="NetzivBemidbar35-34" data-aht="source">Bemidbar 35:34</a><a href="NetzivDevarim19-6" data-aht="source">Devarim 19:6-7</a><a href="R. Naftali Zvi Yehuda Berlin (Netziv)" data-aht="parshan">About R. Naftali Z"Y Berlin</a></multilink></mekorot> |
<point><b>Meaning of "מִקְלָט"</b> – Tzeror HaMor describes the cities as prisons, where the killer is enclosed "בעיר סוגרת ומסוגרת"‎.<fn>Many other commentators similarly refer to the cities as places of punishment and following the language of the <multilink><a href="MishnaMakkot2" data-aht="source">Mishna Makkot</a><a href="MishnaMakkot2" data-aht="source">Makkot 2</a><a href="Mishna" data-aht="parshan">About the Mishna</a></multilink>, consistently refer to the killer as being "exiled" and the cities as a place of exile.</fn> This approach might suggest, as do some modern scholars<fn>See J. Milgrom, Olam HaTanakh Bemidbar (Tel Aviv, 1993): 205, and R. Elchanan Samet, "ערי מקלט – משמעות השם", ‎ עיונים בפרשות השבוע: סדרה שלישית (Tel Aviv, 2012).</fn> that the root "קלט" means to shorten or narrow,<fn>The root only appears once outside the discussion of ערי מקלט, in <a href="Vayikra22-23" data-aht="source">Vayikra 22:23</a>. There it is paired with the word "שָׂרוּע" which is understood to mean spread out, suggesting that "קָלוּט" means the opposite. [See <multilink><a href="IbnEzraVayikra22-23" data-aht="source">Ibn Ezra</a><a href="IbnEzraVayikra22-23" data-aht="source">Vayikra 22:23</a><a href="R. Avraham ibn Ezra" data-aht="parshan">About R. Avraham ibn Ezra</a></multilink> there, who asserts that the paired words are opposites and that the meaning of the root there might be connected to ערי מקלט as well.] In Arabic, the word "קולאט" means a dwarf, further suggesting that the word is related to making something smaller or more narrow. | <point><b>Meaning of "מִקְלָט"</b> – Tzeror HaMor describes the cities as prisons, where the killer is enclosed "בעיר סוגרת ומסוגרת"‎.<fn>Many other commentators similarly refer to the cities as places of punishment and following the language of the <multilink><a href="MishnaMakkot2" data-aht="source">Mishna Makkot</a><a href="MishnaMakkot2" data-aht="source">Makkot 2</a><a href="Mishna" data-aht="parshan">About the Mishna</a></multilink>, consistently refer to the killer as being "exiled" and the cities as a place of exile.</fn> This approach might suggest, as do some modern scholars<fn>See J. Milgrom, Olam HaTanakh Bemidbar (Tel Aviv, 1993): 205, and R. Elchanan Samet, "ערי מקלט – משמעות השם", ‎ עיונים בפרשות השבוע: סדרה שלישית (Tel Aviv, 2012).</fn> that the root "קלט" means to shorten or narrow,<fn>The root only appears once outside the discussion of ערי מקלט, in <a href="Vayikra22-23" data-aht="source">Vayikra 22:23</a>. There it is paired with the word "שָׂרוּע" which is understood to mean spread out, suggesting that "קָלוּט" means the opposite. [See <multilink><a href="IbnEzraVayikra22-23" data-aht="source">Ibn Ezra</a><a href="IbnEzraVayikra22-23" data-aht="source">Vayikra 22:23</a><a href="R. Avraham ibn Ezra" data-aht="parshan">About R. Avraham ibn Ezra</a></multilink> there, who asserts that the paired words are opposites and that the meaning of the root there might be connected to ערי מקלט as well.] In Arabic, the word "קולאט" means a dwarf, further suggesting that the word is related to making something smaller or more narrow. | ||
− | <p>It is not clear, though, how the adjective connects to the noun, and if one must necessarily conclude that shortening = confinement. See, for instance, Ibn Janach and <multilink><a href="RadakSeferHaShorashim" data-aht="source">Radak</a><a href="RadakSeferHaShorashim" data-aht="source">Sefer HaShorashim s.v. קלט</a><a href="Radak" data-aht="parshan">About R. David Kimchi</a></multilink>, who also suggest that "קָלוּט" is opposed to "שָׂרוּע" and might mean to shorten, but view it as something which is gathered into itself. They, thus, suggest that ערי מקלט simply means a place in which the killer is gathered. This definition would be much more neutral in its connotation and could work either with an understanding of the cities as places of refuge or of punishment.</p></fn> and the cities are so called because they enclose the killer and confine his existence.</point> | + | <p>It is not clear, though, how the adjective connects to the noun, and if one must necessarily conclude that shortening = confinement. See, for instance, Ibn Janach and <multilink><a href="RadakSeferHaShorashim" data-aht="source">Radak</a><a href="RadakSeferHaShorashim" data-aht="source">Sefer HaShorashim s.v. קלט</a><a href="R. David Kimchi (Radak)" data-aht="parshan">About R. David Kimchi</a></multilink>, who also suggest that "קָלוּט" is opposed to "שָׂרוּע" and might mean to shorten, but view it as something which is gathered into itself. They, thus, suggest that ערי מקלט simply means a place in which the killer is gathered. This definition would be much more neutral in its connotation and could work either with an understanding of the cities as places of refuge or of punishment.</p></fn> and the cities are so called because they enclose the killer and confine his existence.</point> |
<point><b>Evaluation of accidental killer</b> – These commentators all view the accidental killer as one who is deserving of punishment (albeit not death) for his actions.</point> | <point><b>Evaluation of accidental killer</b> – These commentators all view the accidental killer as one who is deserving of punishment (albeit not death) for his actions.</point> | ||
<point><b>"וְהָאֱלֹהִים אִנָּה לְיָדוֹ"</b> – According to the Bavli Makkot, the accidental killer is not merely Hashem's instrument through which He punishes another, but was chosen specifically because he himself was previously guilty of a similar crime but had not yet been held accountable.</point> | <point><b>"וְהָאֱלֹהִים אִנָּה לְיָדוֹ"</b> – According to the Bavli Makkot, the accidental killer is not merely Hashem's instrument through which He punishes another, but was chosen specifically because he himself was previously guilty of a similar crime but had not yet been held accountable.</point> | ||
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<point><b>Why were the Levite cities chosen?</b> Most of these commentators do not address the issue directly but the approach could suggest a variety of possibilities: | <point><b>Why were the Levite cities chosen?</b> Most of these commentators do not address the issue directly but the approach could suggest a variety of possibilities: | ||
<ul> | <ul> | ||
− | <li><b>Levites as teachers and judges</b> – One of the functions of the Levites was to teach the nation. As such their cities might have been chosen so that they could facilitate the rehabilitation of the killer. In addition, in their role as judges they might have been in charge of administering prisons and the like, these cities included.<fn>See Rashbam and <multilink><a href="ChizkuniBemidbar35-25" data-aht="source">Chizkuni</a><a href="ChizkuniBemidbar35-25" data-aht="source">Bemidbar 35:25</a><a href="Chizkuni" data-aht="parshan">About R. Chizkiyah b. Manoach</a></multilink> who suggest that the directive to remain in the city until the death of the high priest relates to his judicial function. [Rashbam suggests that the verse does not apply just to a priest but to the death of the senior judge of the time.]</fn></li> | + | <li><b>Levites as teachers and judges</b> – One of the functions of the Levites was to teach the nation. As such their cities might have been chosen so that they could facilitate the rehabilitation of the killer. In addition, in their role as judges they might have been in charge of administering prisons and the like, these cities included.<fn>See Rashbam and <multilink><a href="ChizkuniBemidbar35-25" data-aht="source">Chizkuni</a><a href="ChizkuniBemidbar35-25" data-aht="source">Bemidbar 35:25</a><a href="R. Chizkiyah b. Manoach (Chizkuni)" data-aht="parshan">About R. Chizkiyah b. Manoach</a></multilink> who suggest that the directive to remain in the city until the death of the high priest relates to his judicial function. [Rashbam suggests that the verse does not apply just to a priest but to the death of the senior judge of the time.]</fn></li> |
− | <li><b>Prevent defilement of land</b> – Tzeror HaMor suggests that the killer needed to be confined to certain cities so that he would not defile the rest of the land by walking upon it. He does not explain why these had to belong to the Levites specifically, but see R. Rivlin,<fn>See "עיון בפרשיות שפיכות דמים בתורה:עיר מקלט ועגלה ערופה", Megadim 28 (1998): 19-31.</fn> who suggests that the Levite cities were not considered to be part of the inheritance of the land and as such were the only sites within Israelite borders<fn>See M. Greenberg, "The Biblical Concept of Asylum", JBL 78:2 (1959): 125-132 who asserts that the killer could not be banished totally from the land because that would mean he was cut off from the nation and Hashem, and likely to assimilate into surrounding cultures.</fn> which were able to tolerate the killer walking upon them.<fn>Rivlin proposes that Kayin's punishment to be a wanderer is the prototype of this punishment of exile for the unintentional killer. He was the first to be banished from a land who could not tolerate him since his brothers' blood cried out from within. Cf. <multilink><a href="RadakBereshit4-12" data-aht="source">Radak</a><a href="RadakSBereshit4-12" data-aht="source">Bereshit 4:12</a><a href="Radak" data-aht="parshan">About R. David Kimchi</a></multilink>, who connects Kayin's punishment to that of an inadvertent killer but makes no mention of the defilement of the land.</fn></li> | + | <li><b>Prevent defilement of land</b> – Tzeror HaMor suggests that the killer needed to be confined to certain cities so that he would not defile the rest of the land by walking upon it. He does not explain why these had to belong to the Levites specifically, but see R. Rivlin,<fn>See "עיון בפרשיות שפיכות דמים בתורה:עיר מקלט ועגלה ערופה", Megadim 28 (1998): 19-31.</fn> who suggests that the Levite cities were not considered to be part of the inheritance of the land and as such were the only sites within Israelite borders<fn>See M. Greenberg, "The Biblical Concept of Asylum", JBL 78:2 (1959): 125-132 who asserts that the killer could not be banished totally from the land because that would mean he was cut off from the nation and Hashem, and likely to assimilate into surrounding cultures.</fn> which were able to tolerate the killer walking upon them.<fn>Rivlin proposes that Kayin's punishment to be a wanderer is the prototype of this punishment of exile for the unintentional killer. He was the first to be banished from a land who could not tolerate him since his brothers' blood cried out from within. Cf. <multilink><a href="RadakBereshit4-12" data-aht="source">Radak</a><a href="RadakSBereshit4-12" data-aht="source">Bereshit 4:12</a><a href="R. David Kimchi (Radak)" data-aht="parshan">About R. David Kimchi</a></multilink>, who connects Kayin's punishment to that of an inadvertent killer but makes no mention of the defilement of the land.</fn></li> |
<li><b>Part of Levite punishment</b> – It is possible that the cities were given to the Levites only after already being designated as cities of exile for the killers, as part of the fulfillment of Yaakov's rebuke and punishment of Levi that he "will be divided amongst Israel."<fn>Yaakov's words can be understood to refer to Levi's not partaking in the inheritance of the land. The Levite cities are thus considered little pockets of exile within the country.</fn></li> | <li><b>Part of Levite punishment</b> – It is possible that the cities were given to the Levites only after already being designated as cities of exile for the killers, as part of the fulfillment of Yaakov's rebuke and punishment of Levi that he "will be divided amongst Israel."<fn>Yaakov's words can be understood to refer to Levi's not partaking in the inheritance of the land. The Levite cities are thus considered little pockets of exile within the country.</fn></li> | ||
</ul> | </ul> | ||
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<point><b>Death of high priest</b> – Though these commentators differ in the details, most suggest that the event is somehow related to atonement or punishment for the killer's sin: | <point><b>Death of high priest</b> – Though these commentators differ in the details, most suggest that the event is somehow related to atonement or punishment for the killer's sin: | ||
<ul> | <ul> | ||
− | <li><b>High Priest atones</b> – Tzeror HaMor asserts that a murder or homicide can not be atoned except via "the blood of he who spilled the blood."<fn>See above that he maintains that verse 33 refers to the accidental killer as well as the intentional one.</fn> Since the killer acted accidentally, he himself is not culpable enough to deserve capital punishment, so the death of the high priest acts as a substitute.<fn>Tzeror HaMor explains that part of the priest's job was to pray that atrocities such as human killings did not occur. Since his prayers failed to achieve this, he is held accountable for the death and thus it is his death which sets the inadvertent killer free. Cf. <multilink><a href="BavliMakkot11a" data-aht="source">Bavli Makkot</a><a href="BavliMakkot11a" data-aht="source">11a</a><a href="Talmud Bavli" data-aht="parshan">About the Bavli</a></multilink>, <multilink><a href="RashiBemidbar35-25" data-aht="source">Rashi</a><a href="RashiBemidbar35-25" data-aht="source">Bemidbar 35:25</a><a href="Rashi" data-aht="parshan">About R. Shelomo Yitzchaki</a></multilink>, R. Bachya and see <multilink><a href="PsJBemidbar35-25" data-aht="source">Targum Pseudo-Jonathan</a><a href="PsJBemidbar35-25" data-aht="source">Bemidbar 35:25</a><a href="Targum Pseudo-Jonathan" data-aht="parshan">About Targum Pseudo-Jonathan</a></multilink> who goes even further to say that as a result of his ineffective (or nonexistent) prayers, the priest is punished and dies that year. See also <multilink><a href="BavliMakkot11b" data-aht="source">Bavli Makkot</a><a href="BavliMakkot11b" data-aht="source">11b</a><a href="Talmud Bavli" data-aht="parshan">About the Bavli</a></multilink> and <multilink><a href="IbnEzraBemidbar35-25" data-aht="source">Ibn Ezra</a><a href="IbnEzraBemidbar35-25" data-aht="source">Bemidbar 35:25</a><a href="R. Avraham ibn Ezra" data-aht="parshan">About R. Avraham ibn Ezra</a></multilink> who assert that the death of the high priest serves as atonement, but do not connect this to his failure to pray for the nation.</fn></li> | + | <li><b>High Priest atones</b> – Tzeror HaMor asserts that a murder or homicide can not be atoned except via "the blood of he who spilled the blood."<fn>See above that he maintains that verse 33 refers to the accidental killer as well as the intentional one.</fn> Since the killer acted accidentally, he himself is not culpable enough to deserve capital punishment, so the death of the high priest acts as a substitute.<fn>Tzeror HaMor explains that part of the priest's job was to pray that atrocities such as human killings did not occur. Since his prayers failed to achieve this, he is held accountable for the death and thus it is his death which sets the inadvertent killer free. Cf. <multilink><a href="BavliMakkot11a" data-aht="source">Bavli Makkot</a><a href="BavliMakkot11a" data-aht="source">11a</a><a href="Talmud Bavli" data-aht="parshan">About the Bavli</a></multilink>, <multilink><a href="RashiBemidbar35-25" data-aht="source">Rashi</a><a href="RashiBemidbar35-25" data-aht="source">Bemidbar 35:25</a><a href="R. Shelomo Yitzchaki (Rashi)" data-aht="parshan">About R. Shelomo Yitzchaki</a></multilink>, R. Bachya and see <multilink><a href="PsJBemidbar35-25" data-aht="source">Targum Pseudo-Jonathan</a><a href="PsJBemidbar35-25" data-aht="source">Bemidbar 35:25</a><a href="Targum Pseudo-Jonathan" data-aht="parshan">About Targum Pseudo-Jonathan</a></multilink> who goes even further to say that as a result of his ineffective (or nonexistent) prayers, the priest is punished and dies that year. See also <multilink><a href="BavliMakkot11b" data-aht="source">Bavli Makkot</a><a href="BavliMakkot11b" data-aht="source">11b</a><a href="Talmud Bavli" data-aht="parshan">About the Bavli</a></multilink> and <multilink><a href="IbnEzraBemidbar35-25" data-aht="source">Ibn Ezra</a><a href="IbnEzraBemidbar35-25" data-aht="source">Bemidbar 35:25</a><a href="R. Avraham ibn Ezra" data-aht="parshan">About R. Avraham ibn Ezra</a></multilink> who assert that the death of the high priest serves as atonement, but do not connect this to his failure to pray for the nation.</fn></li> |
<li><b>Fair punishment</b> – Seforno maintains that since there is varying culpability amongst inadvertent killers,<fn>Some are very negligent, and some less so.</fn> defining a set amount of years for all killers to be in exile would have resulted in unfair punishment. Thus, Hashem leaves the duration of the killer's stay in His hands, as it is determined by the death of the priest,<fn>Seforno assumes that if a killer is more blameworthy, Hashem will ensure that the priest won't die for many years, resulting in a greater punishment.</fn> which is, in turn, decided by God.<fn>Cf. <multilink><a href="RYBSBemidbar35-25" data-aht="source">R. Yosef Bekhor Shor</a><a href="RYBSBemidbar35-25" data-aht="source">Bemidbar 35:25</a><a href="R. Yosef Bekhor Shor" data-aht="parshan">About R. Yosef Bekhor Shor</a></multilink> who also views the law as an effort to be most fair. He suggests that the killer's duration in exile should have been equivalent to the amount of years he lessened from the deceased by killing him. Since this is impossible for anyone to determine but Hashem, it is estimated to be no longer than the life of the High Priest, the most esteemed person in Israel.</fn></li> | <li><b>Fair punishment</b> – Seforno maintains that since there is varying culpability amongst inadvertent killers,<fn>Some are very negligent, and some less so.</fn> defining a set amount of years for all killers to be in exile would have resulted in unfair punishment. Thus, Hashem leaves the duration of the killer's stay in His hands, as it is determined by the death of the priest,<fn>Seforno assumes that if a killer is more blameworthy, Hashem will ensure that the priest won't die for many years, resulting in a greater punishment.</fn> which is, in turn, decided by God.<fn>Cf. <multilink><a href="RYBSBemidbar35-25" data-aht="source">R. Yosef Bekhor Shor</a><a href="RYBSBemidbar35-25" data-aht="source">Bemidbar 35:25</a><a href="R. Yosef Bekhor Shor" data-aht="parshan">About R. Yosef Bekhor Shor</a></multilink> who also views the law as an effort to be most fair. He suggests that the killer's duration in exile should have been equivalent to the amount of years he lessened from the deceased by killing him. Since this is impossible for anyone to determine but Hashem, it is estimated to be no longer than the life of the High Priest, the most esteemed person in Israel.</fn></li> | ||
<li><b>High priest and killer are opposite</b> – The <multilink><a href="SifreMasei160" data-aht="source">Sifre</a><a href="SifreMasei160" data-aht="source">Masei 160</a><a href="Sifre" data-aht="parshan">About Sifre</a></multilink><fn>R. Bachya brings this position as well.</fn> suggests that while the high priest serves to lengthen one's life and causes the Divine providence to dwell amongst Israel, the killer does the opposite, and thus it would be inappropriate for him to be set free before the high priest.</li> | <li><b>High priest and killer are opposite</b> – The <multilink><a href="SifreMasei160" data-aht="source">Sifre</a><a href="SifreMasei160" data-aht="source">Masei 160</a><a href="Sifre" data-aht="parshan">About Sifre</a></multilink><fn>R. Bachya brings this position as well.</fn> suggests that while the high priest serves to lengthen one's life and causes the Divine providence to dwell amongst Israel, the killer does the opposite, and thus it would be inappropriate for him to be set free before the high priest.</li> | ||
− | <li><b>Granting of amnesty</b> – <multilink><a href="MinchahBemidbar35-25" data-aht="source">Minchah Belulah</a><a href="MinchahBemidbar35-25" data-aht="source">Bemidbar 35:25</a><a href="Minchah Belulah" data-aht="parshan">About R. Avraham | + | <li><b>Granting of amnesty</b> – <multilink><a href="MinchahBemidbar35-25" data-aht="source">Minchah Belulah</a><a href="MinchahBemidbar35-25" data-aht="source">Bemidbar 35:25</a><a href="R. Avraham Porto (Minchah Belulah)" data-aht="parshan">About R. Avraham Porto</a></multilink> suggests that when a new priest assumes office after the death of the previous one, he gives out pardons so as to be liked by the people, much like a new king would do.</li> |
</ul> | </ul> | ||
</point> | </point> | ||
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<mekorot> | <mekorot> | ||
<multilink><a href="Philo3" data-aht="source">Philo</a><a href="Philo3" data-aht="source">On Special Laws 3:120-133</a><a href="Philo" data-aht="parshan">About Philo</a></multilink>, | <multilink><a href="Philo3" data-aht="source">Philo</a><a href="Philo3" data-aht="source">On Special Laws 3:120-133</a><a href="Philo" data-aht="parshan">About Philo</a></multilink>, | ||
− | <multilink><a href="RalbagBemidbar35-25" data-aht="source">Ralbag</a><a href="RalbagBemidbar35-25" data-aht="source">Bemidbar 35:25-28,33-34</a><a href="RalbagBemidbar35T12" data-aht="source">Bemidbar 35 Toelet 12-13</a><a href="RalbagDevarim19T8" data-aht="source">Devarim 19 Toelet 8</a><a href="Ralbag" data-aht="parshan">About R. Levi b. Gershon</a></multilink> | + | <multilink><a href="RalbagBemidbar35-25" data-aht="source">Ralbag</a><a href="RalbagBemidbar35-25" data-aht="source">Bemidbar 35:25-28,33-34</a><a href="RalbagBemidbar35T12" data-aht="source">Bemidbar 35 Toelet 12-13</a><a href="RalbagDevarim19T8" data-aht="source">Devarim 19 Toelet 8</a><a href="R. Levi b. Gershon (Ralbag)" data-aht="parshan">About R. Levi b. Gershon</a></multilink> |
</mekorot> | </mekorot> | ||
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Version as of 10:56, 17 November 2014
Arei Miklat – Cities of Refuge or Exile?
Exegetical Approaches
Overview
Commentators divide in their assessments of both the inadvertent killer's degree of culpability and the worthiness of the institution of the blood avenger. These, in turn, have consequences for their perspectives on the character of the "עָרֵי מִקְלָט" and their laws. Some exegetes, like Abarbanel and Shadal, adopt a more literal reading of the Biblical verses and view the cities as coming almost exclusively to safeguard the unintentional murderer. Others, like the Tzeror HaMor and the Netziv, are more heavily influenced by the Talmudic discussions, and attempt to reinterpret all of the sources to reflect the guilt of the killer and his need for penitence. Finally, many exegetes take a compromise position combining elements of both options.
Safe Haven
The cities are designated to serve as a refuge for the accidental killer, providing him with protection from the wrath of the blood avenger.
- Concession to human nature – Shadal maintains that ideally there would be no institution of blood avenging at all, but at times the Torah makes concessions to human nature. Knowing that relatives of the deceased would not be satisfied in watching his killer go free, the Torah allowed them to pursue him while simultaneously protecting the killer by setting up cities of refuge.5
- Blood avengers were wronged – Abarbanel asserts that though the unintentional killer is not viewed as a criminal by the court, he did nonetheless wrong the blood avenger in killing his relative (albeit accidentally). Thus, if the killer decides to leave the city of refuge, it is viewed as a contemptuous insult to the family of the deceased, making him undeserving of further protection.6
Exile and Rehabilitation
The cities serve a punitive role, effectively becoming a mandatory exile for the killer until the attaining of atonement for the death he caused.
- Levites as teachers and judges – One of the functions of the Levites was to teach the nation. As such their cities might have been chosen so that they could facilitate the rehabilitation of the killer. In addition, in their role as judges they might have been in charge of administering prisons and the like, these cities included.20
- Prevent defilement of land – Tzeror HaMor suggests that the killer needed to be confined to certain cities so that he would not defile the rest of the land by walking upon it. He does not explain why these had to belong to the Levites specifically, but see R. Rivlin,21 who suggests that the Levite cities were not considered to be part of the inheritance of the land and as such were the only sites within Israelite borders22 which were able to tolerate the killer walking upon them.23
- Part of Levite punishment – It is possible that the cities were given to the Levites only after already being designated as cities of exile for the killers, as part of the fulfillment of Yaakov's rebuke and punishment of Levi that he "will be divided amongst Israel."24
- High Priest atones – Tzeror HaMor asserts that a murder or homicide can not be atoned except via "the blood of he who spilled the blood."26 Since the killer acted accidentally, he himself is not culpable enough to deserve capital punishment, so the death of the high priest acts as a substitute.27
- Fair punishment – Seforno maintains that since there is varying culpability amongst inadvertent killers,28 defining a set amount of years for all killers to be in exile would have resulted in unfair punishment. Thus, Hashem leaves the duration of the killer's stay in His hands, as it is determined by the death of the priest,29 which is, in turn, decided by God.30
- High priest and killer are opposite – The Sifre31 suggests that while the high priest serves to lengthen one's life and causes the Divine providence to dwell amongst Israel, the killer does the opposite, and thus it would be inappropriate for him to be set free before the high priest.
- Granting of amnesty – Minchah Belulah suggests that when a new priest assumes office after the death of the previous one, he gives out pardons so as to be liked by the people, much like a new king would do.