*H Thou shalt separate to thee three cities in the midst of the land, which the Lord will give thee in possession,
Ver. 2. Cities. These were Hebron, Sichem, and Cades, on the west side of the Jordan. Jos. xx. 7. Those on the east were already appointed. C. iv. 41. Three others might also have been added, (v. 8. C.) in case the Hebrews had gotten full possession of the countries as far as the Euphrates. H. — The cities of refuge were not above forty-five miles distant from each other, in the land of Chanaan. Those in Galaad were not so far off, as the territory was smaller. C.
* Footnote * Numbers 35 : 11
Determine what cities shall be for the refuge of fugitives, who have shed blood against their will.* Footnote * Josue 20 : 2
Appoint cities of refuge, of which I spoke to you by the hand of Moses:*H 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.
Ver. 3. Way, and keeping all in good repair, with guide-posts at the crossroads, on which Oleaster says moklot, "escape," was written. See Num. xxxv.
*H 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.
Ver. 6. Grief. The law granted so much to the sudden passion of a relation, who met the man slayer out of the cities of refuge, as not to punish him if he gave way to the dictates of vengeance, how unjust soever. C.
*H Therefore I command thee, that thou separate three cities at equal distance one from another.
Ver. 7. At equal, &c. This addition is not in Heb. (C.) or the Sept.; (H.) but is conformable to the regulation given, v. 3. C.
*H And when the Lord thy God shall have enlarged thy borders, as he swore to the fathers, and shall give thee all the land that he promised them,
Ver. 8. And when. Sept. "but if." This condition was never fulfilled at all times; (v. 9,) and therefore the Israelites could blame only themselves, if the promises which God had made to Abraham, Isaac, and Jacob, (Gen. xv. and xxvi. and xxviii. and xxxv.) were not realized. H. — Though the country was conquered under David and Solomon, the Israelites did not drive out the former inhabitants, (C). nor did they keep possession for any long time. H.
* Footnote * Genesis 28 : 14
And thy seed shall be as the dust of the earth: thou shalt spread abroad to the west, and to the east, and to the north, and to the south: and IN THEE and thy seed, all the tribes of the earth SHALL BE BLESSED.* Footnote * Exodus 34 : 24
For when I shall have taken away the nations from thy face, and shall have enlarged thy borders, no man shall lie in wait against thy land when thou shalt go up, and appear in the sight of the Lord thy God thrice in a year.* Footnote * Numbers 35 : 20
If through hatred any one push a man, or fling any thing at him with ill design:*H 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.
Ver. 12. His city. Strict enquiry was made into the circumstances attending the manslaughter. Num. xxxv. 12. If the refugee was proved guilty, he was delivered up to the next relation of the deceased to be put to death. H.
*H 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.
Ver. 13. Innocent. Many Latin copies have "guilty blood," noxium. By putting the offender to death, Israel was expiated from the blood which had been shed unjustly. C.
*H 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.
Ver. 14. Landmarks, either which divided the tribes, or the inheritance of individuals. The former were strictly kept up till after the captivity. Those who removed the latter were to be scourged for theft, and again for disobeying this law. Seld. Jur. vi. 3. Josephus (iv. 8,) understands that encroachments on the territories of others, which give rise to many wars, are hereby prohibited. C. — So are likewise innovations in religion. The Romans had a superstitious veneration for these landmarks, which they adored under the name of the god Terminus, (H.) crowning them with flowers, and offering cakes and sacrifices to them. Spargitur et cœso communis Terminus agno. Ovid. Fast. — They punished the crime of removing them either with death, banishment, or a fine.
*H 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.
Ver. 15. One would suffice to make an enquiry into the affair, and to oblige the person accused, in pecuniary matters, to take an oath that he owed nothing. Maimonides. — Stand. This expression was become proverbial, to denote the certainty of a thing. Mat. xviii. 16. 2 Cor. xiii. 1. Two witnesses cannot so easily carry on a cheat, (C.) as was seen in the case of Susanna. H. — The law is satisfied with moral certainty. C.
* Footnote * Matthew 18 : 16
And if he will not hear thee, take with thee one or two more: that in the mouth of two or three witnesses every word may stand.* Footnote * 2_Corinthians 13 : 1
Behold, this is the third time I am coming to you: In the mouth of two or three witnesses shall every word stand.*H If a lying witness stand against a man, accusing him of transgression,
Ver. 16. Transgression against the law, by apostacy or by idolatry, (Junius) or by any other grievous crime. The person accused might, in this case, be examined, but he could not be condemned unless another witness appeared. Demosthenes (c. Aristocrat.) informs us how (C.) the Athenians (H.) required the witness in criminal matters, to swear on the flesh of a wild boar, ram, and bull, that he spoke the truth, and to utter horrible imprecations against himself and family, if he did otherwise. C.
*H 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.
Ver. 17. Lord, in the tabernacle. M. — Judges. Hence it appears evidently that the priests were to pass sentence in all difficult questions, as well in those which regarded individuals, as in those which attacked the worship of God; since the false accuser is to lose his life or limb, according as he had attempted to injure his neighbour; (v. 21,) and the Lord ratifies their sentence. C.
* Footnote * Daniel 13 : 62
To fulfil the law of Moses: and they put them to death, and innocent blood was saved in that day.*H That others hearing may fear, and may not dare to do such things.
Ver. 20. Things. This is the design of penal laws, to render justice to the innocent, and to prevent the spreading of a contagious evil, by cutting off the hopes of impunity. Grot. Jur. ii. 10. 9. — "I would cause the criminal's throat to be cut, says Seneca, (de Ira ii.) with the same countenance and mind as I kill serpents and venomous animals."
*H Thou shalt not pity him, but shalt require life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.
Ver. 21. Pity. This regarded the judge, who must act with impartiality. W. — The law admits of no mitigation, but inflicts the same punishment on the calumniating witness, as he intended should fall upon his brother. Lyran. &c. — Some Rabbins (apud Fag.) pretend that this was executed with rigour, only when the innocent had sustained some real injury. See Ex. xxi. 24. C.