When the LORD your God cuts off the nations whose land the LORD your God gives you, and you succeed them and dwell in their cities and in their houses,
Deuteronomy 19
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you shall set apart three cities for yourselves in the middle of your land, which the LORD your God gives you to possess.
ExplanationCommentary
Verse 2. Cities. These were Hebron, Sichem, and Cades, on the west side of the Jordan. Joshua 20:7. Those on the east were already appointed. Calmet. 4:41. Three others might also have been added, (verse 8. Calmet.) in case the Hebrews had gotten full possession of the countries as far as the Euphrates. Bible.—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. Calmet.
You shall prepare the way, and divide the borders of your land which the LORD your God causes you to inherit into three parts, that every man slayer may flee there.
ExplanationCommentary
Verse 3. Way, and keeping all in good repair, with guide-posts at the crossroads, on which Oleaster says moklot, “escape,” was written. See Numbers 35.
This is the case of the man slayer who shall flee there and live: Whoever kills his neighbor unintentionally, and didn’t hate him in time past—
as when a man goes into the forest with his neighbor to chop wood and his hand swings the ax to cut down the tree, and the head slips from the handle and hits his neighbor so that he dies—he shall flee to one of these cities and live.
Otherwise, the avenger of blood might pursue the man slayer while hot anger is in his heart and overtake him, because the way is long, and strike him mortally, even though he was not worthy of death, because he didn’t hate him in time past.
ExplanationCommentary
Verse 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. Calmet.
Therefore I command you to set apart three cities for yourselves.
ExplanationCommentary
Verse 7. At equal, and so forth This addition is not in Hebrew ( Calmet.) or the Sept.; ( Bible.) but is conformable to the regulation given, verse 3. Calmet.
If the LORD your God enlarges your border, as he has sworn to your fathers, and gives you all the land which he promised to give to your fathers;
ExplanationCommentary
Verse 8. And when. Septuagint “but if.” This condition was never fulfilled, at all times; (verse 9,) and therefore the Israelites could blame only themselves, if the promises which God had made to Abraham, Isaac, and Jacob, (Genesis 15. 26. 28 and 35) were not realized. Bible.—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. Bible.
and if you keep all this commandment to do it, which I command you today, to love the LORD your God, and to walk ever in his ways, then you shall add three cities more for yourselves, in addition to these three.
This is so that innocent blood will not be shed in the middle of your land which the LORD your God gives you for an inheritance, leaving blood guilt on you.
But if any man hates his neighbor, lies in wait for him, rises up against him, strikes him mortally so that he dies, and he flees into one of these cities;
then the elders of his city shall send and bring him there, and deliver him into the hand of the avenger of blood, that he may die.
ExplanationCommentary
Verse 12. His city. Strict enquiry was made into the circumstances attending the manslaughter. Numbers 35:12. If the refugee was proved guilty, he was delivered up to the next relation of the deceased to be put to death. Bible.
Your eye shall not pity him, but you shall purge the innocent blood from Israel that it may go well with you.
ExplanationCommentary
Verse 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. Calmet.
You shall not remove your neighbor’s landmark, which they of old time have set, in your inheritance which you shall inherit, in the land that the LORD your God gives you to possess.
ExplanationCommentary
Verse 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. Calmet.—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, ( Bible.) 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.
One witness shall not rise up against a man for any iniquity, or for any sin that he sins. At the mouth of two witnesses, or at the mouth of three witnesses, shall a matter be established.
ExplanationCommentary
Verse 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. Matthew 18:16. 2 Corinthians 13:1. Two witnesses can not so easily carry on a cheat, ( Calmet.) as was seen in the case of Susanna. Bible.—The law is satisfied with moral certainty. Calmet.
If an unrighteous witness rises up against any man to testify against him of wrongdoing,
ExplanationCommentary
Verse 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 ( Calmet.) the Athenians ( Bible.) 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. Calmet.
then both the men, between whom the controversy is, shall stand before the LORD, before the priests and the judges who shall be in those days;
ExplanationCommentary
Verse 17. Lord, in the tabernacle. Menochius.—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; (verse 21,) and the Lord ratifies their sentence. Calmet.
and the judges shall make diligent inquisition; and behold, if the witness is a false witness, and has testified falsely against his brother,
then you shall do to him as he had thought to do to his brother. So you shall remove the evil from among you.
Those who remain shall hear, and fear, and will never again commit any such evil among you.
ExplanationCommentary
Verse 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.”
Your eyes shall not pity: life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.
ExplanationCommentary
Verse 21. Pity. This regarded the judge, who must act with impartiality. Worthington.—The law admits of no mitigation, but inflicts the same punishment on the calumniating witness, as he intended should fall upon his brother. Lyran. and so forth—Some Rabbins (apud Fag.) pretend that this was executed with rigour, only when the innocent had sustained some real injury. See Exodus 21:24. Calmet.