“The cities which you shall give to the Levites, they shall be the six cities of refuge, which you shall give for the man slayer to flee to. Besides them you shall give forty-two cities.
ExplanationCommentary
Verse 6. Cities. Maimonides pretends, that all forty-eight cities of the Levites were asylums; though only six were bound to receive the fugitive gratis. Moses had promised a place of refuge, which he now grants. Exodus 21:13. The altar and temple enjoyed the like privilege: the latter even till its destruction. Philo.—Josephus mentions only six cities of refuge. Those who could not be supposed to have killed a person designedly were not obliged to flee to them; as, on the other hand, the murderer was not permitted to enter, if his malice were notorious, or his negligence extreme. Rabbins ep. Seld. Jur. iv. 2. To be secured at the altar of holocausts, it was necessary to touch the grate. If the judges declared that the person’s case was such as the law admitted, he was conducted away, under a strong guard, to one of the cities; or, if he were deemed unworthy, he was put to death, out of the holy place. The altar was commonly the refuge only of priests. Those who were not of Hebrew extraction, could not claim the rights of an asylum, according to the Rabbins. But the contrary seems to be asserted, verse 15. The roads to the cities of refuge were to be kept in good repair, and in case more than six should be found necessary, three others might be appointed. Deuteronomy 19:3. 8. This privilege is founded on the law of nature, which decrees that the life of the innocent man, who has had the misfortune to kill another, should not be taken away. Other nations extended this right to almost every crime, that the weak might have an opportunity of defending themselves. The sons of Hercules erected for this purpose the altar of mercy, at Athens. Some of the pagan temples could protect even the greatest criminals, as well as the innocent, who might fear oppression. Those of Apollo, at Delphos, of Bacchus, at Ephesus, and so forth were very famous. See Marsham, Chron. sæc. 13. Tiberius found it necessary to recall these privileges among the Greeks, as they were greatly abused. Tacit. An. iii. 6. But his decree ws not much regarded. The Romans had their asylums also, at Naples, and so forth where those who had been condemned to die, might be secure. Rome itself was an asylum for all strangers, as Saint Augustine remarks, de Calmet. D. i. The Christian emperors afforded the like privileges to our churches. But some who were guilty of the crimes of adultery, murder, heresy, and so forth were deprived of the benefit. Calmet.—Those who fled to the altar among the Jews were first to be purified; (Philo) and if they had committed murder publicly, like Joab, they were dragged away, 3 Kennicott. 2. Tirinus.