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="R. Moshe b. Maimon (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, Maimonides)" 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="R. Yitzchak 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="R. Shemuel David Luzzatto (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> | ||
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</ul> | </ul> | ||
</point> | </point> | ||
− | <point><b>Why were the Levite cities chosen?</b> Shadal maintains that the cities were chosen due to the holy nature of the Levites. One could also suggest that this is related to the custom in ancient times for Temples and other holy places to serve as sanctuaries<fn>It is possible that Moshe's flight to Yitro after killing the Egyptian should be understood in light of this custom as well. Moshe's actions there are understood by some to be an unintentional killing. In the aftermath of the killing, Moshe seeks refuge in a priestly sanctuary (the home of Yitro, a Midianite priest), and only ventures out after the avengers of the Egyptian's blood had died. For elaboration, see <a href=" | + | <point><b>Why were the Levite cities chosen?</b> Shadal maintains that the cities were chosen due to the holy nature of the Levites. One could also suggest that this is related to the custom in ancient times for Temples and other holy places to serve as sanctuaries<fn>It is possible that Moshe's flight to Yitro after killing the Egyptian should be understood in light of this custom as well. Moshe's actions there are understood by some to be an unintentional killing. In the aftermath of the killing, Moshe seeks refuge in a priestly sanctuary (the home of Yitro, a Midianite priest), and only ventures out after the avengers of the Egyptian's blood had died. For elaboration, see <a href="Moshe's Killing of the Egyptian" data-aht="page">Was Moshe a Murderer</a>.</fn> for criminals.<fn>The Torah differs from other cultures in explicitly stating that no such refuge will be given for one who intentionally murders, in which case even "מֵעִם מִזְבְּחִי תִּקָּחֶנּוּ לָמוּת".</fn></point> |
<point><b>Multiple cities</b> – Shadal points out that one city<fn>Shadal is really answering the question of why the Beit HaMikdash did not act as the place of refuge, especially given the Ancient Near Eastern custom that Temples served as sanctuaries.</fn> would not have sufficed to ensure that all killers could reach it in time. There needed to be cities dispersed throughout the land so that there would be one close enough to all residents.</point> | <point><b>Multiple cities</b> – Shadal points out that one city<fn>Shadal is really answering the question of why the Beit HaMikdash did not act as the place of refuge, especially given the Ancient Near Eastern custom that Temples served as sanctuaries.</fn> would not have sufficed to ensure that all killers could reach it in time. There needed to be cities dispersed throughout the land so that there would be one close enough to all residents.</point> | ||
<point><b>Death of high priest</b> – Rambam suggests that seeing misfortune befall another, especially one of greater stature, would serve to calm the relatives of the deceased who would no longer seek revenge. Abarbanel similarly asserts that the death of the beloved high priest would inevitably lead to introspection and the recognition of the fleeting nature of life, resulting in the abating of the avenger's anger.<fn>Shadal brings a variety of possibilities, all of which suggest that the accidental killer required some level of atonement, and that perhaps the cities also served a secondary punitive role. He proposes that the high priests' death might atone for accidental sins or that the incoming priest, in an effort to attain the approval of the nation, pardoned previous offenders. He also brings the position of Seforno, below.</fn></point> | <point><b>Death of high priest</b> – Rambam suggests that seeing misfortune befall another, especially one of greater stature, would serve to calm the relatives of the deceased who would no longer seek revenge. Abarbanel similarly asserts that the death of the beloved high priest would inevitably lead to introspection and the recognition of the fleeting nature of life, resulting in the abating of the avenger's anger.<fn>Shadal brings a variety of possibilities, all of which suggest that the accidental killer required some level of atonement, and that perhaps the cities also served a secondary punitive role. He proposes that the high priests' death might atone for accidental sins or that the incoming priest, in an effort to attain the approval of the nation, pardoned previous offenders. He also brings the position of Seforno, below.</fn></point> | ||
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<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="R. Levi b. Gershon (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, Gersonides)" data-aht="parshan">About R. Levi b. Gershon</a></multilink> |
</mekorot> | </mekorot> | ||
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Version as of 06:09, 1 January 2015
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.