Chapter Thirty-Five
Cities for the Levites
35:1 The LORD spoke to Moses in the plains of Moab by the Jordan at Jericho, saying, 2 “Command the people of Israel to give to the Levites some of the inheritance of their possession as cities for them to dwell in. And you shall give to the Levites pasturelands around the cities. 3 The cities shall be theirs to dwell in, and their pasturelands shall be for their cattle and for their livestock and for all their beasts. 4 The pasturelands of the cities, which you shall give to the Levites, shall reach from the wall of the city outward a thousand cubits all around. 5 And you shall measure, outside the city, on the east side two thousand cubits, and on the south side two thousand cubits, and on the west side two thousand cubits, and on the north side two thousand cubits, the city being in the middle. This shall belong to them as pastureland for their cities.
Since the Levites were not to receive any land inheritance (no large portions of land), they were to be granted smaller segments of each of the other tribe’s land for pastures and to build cities near their pastures. Since the text uses some unusual terms, the actual layout is an ongoing debate. Some believe the pasture lands were to be no further than a thousand cubits (1,500 feet) away from the city walls (considered less than a Sabbath’s journey). Others believe the thousand cubits extend from the city’s outer wall all around with the total dimension of the city and pasture area to be no more than two thousand cubits (essentially a 3,000-foot square). The city was for them to dwell in and the pasture was for their livestock.
35:6 “The cities that you give to the Levites shall be the six cities of refuge, where you shall permit the manslayer to flee, and in addition to them you shall give forty-two cities. 7 All the cities that you give to the Levites shall be forty-eight, with their pasturelands. 8 And as for the cities that you shall give from the possession of the people of Israel, from the larger tribes you shall take many, and from the smaller tribes you shall take few; each, in proportion to the inheritance that it inherits, shall give of its cities to the Levites.”
The Levites were to be given locations where they could establish and administer six cities of refuge (as promised in Exodus 21:13, cities of safe haven for anyone who may have committed manslaughter, rules regarding the use of these cities follows) and forty-two non-refuge cities, for a total of 48 cities dispersed in each of the other tribe’s land allocations. More cities were allowed to be built in the territories of the larger tribes.
Considerations
If the Levites were to primarily serve God at the Tabernacle and then later at the Temple, why would God allow them to be dispersed and live in the other territories? First, once in the Promised Land the Tabernacle would only be needed to move a couple of times, requiring less people (and ultimately, once the Temple was built, moving it would no longer be necessary). Secondly, they were given the responsibility to teach God’s Word (see Deuteronomy 33:10), to be effective teachers, they would need to be around their students.
Cities of Refuge and How to Judge Murder vs. Manslaughter
35:9 And the LORD spoke to Moses, saying, 10 “Speak to the people of Israel and say to them, When you cross the Jordan into the land of Canaan, 11 then you shall select cities to be cities of refuge for you, that the manslayer who kills any person without intent may flee there. 12 The cities shall be for you a refuge from the avenger, that the manslayer may not die until he stands before the congregation for judgment. 13 And the cities that you give shall be your six cities of refuge. 14 You shall give three cities beyond the Jordan, and three cities in the land of Canaan, to be cities of refuge. 15 These six cities shall be for refuge for the people of Israel, and for the stranger and for the sojourner among them, that anyone who kills any person without intent may flee there.
Even though the concept of manslaughter is widely understood in modern times, the practice of running from an “avenger of blood,” is not. Today most laws prohibit people from avenging the accidental death of a family member. However, that was not the case in the Old Testament, if a person was accidentally killed by the actions of another person, a person acting as a kinsman-redeemer could retaliate and avenge their death.[1] But, if the one that killed the other person flees and safely makes it to a city of refuge before being caught, they could stay there without fear of being killed. The caveat would be that they would have to stay there until they die, the kinsman-redeemer dies (although someone else could assume that role), or the high priest dies (see verse 28). It may have been possible to obtain forgiveness but that would not have legal standing. The kinsman-redeemer could change their mind or someone else seeking justice could legally take action. The protection offered by these cities was not available for those who committed murder, the intentional killing of another. The manslayer would stand ‘trial’ before the congregation, to determine if the actions were either manslaughter or murder using the procedures outlined here in this chapter.
Three refuge cities were to be located beyond the Jordan (Bezer in Reuben, Ramoth in Gilead, and Golan in Bashan, see Deuteronomy 4:43) and three refuge cities in the land of Canaan (Kedesh in Galilee, Shechem in Ephraim, and Hebron in Judah, see Joshua 20:7).
35:16 “But if he struck him down with an iron object, so that he died, he is a murderer. The murderer shall be put to death. 17 And if he struck him down with a stone tool that could cause death, and he died, he is a murderer. The murderer shall be put to death. 18 Or if he struck him down with a wooden tool that could cause death, and he died, he is a murderer. The murderer shall be put to death. 19 The avenger of blood shall himself put the murderer to death; when he meets him, he shall put him to death. 20 And if he pushed him out of hatred or hurled something at him, lying in wait, so that he died, 21 or in enmity struck him down with his hand, so that he died, then he who struck the blow shall be put to death. He is a murderer. The avenger of blood shall put the murderer to death when he meets him.
Many laws (both God’s and man’s) are either tempered or simply not applicable based on intent (see verse 15), but how do you prove, or disprove intent? While it may not be possible for man to fully know or determine if there was intent behind someone’s actions, there may be some evidence available to help ascertain the truth. For example, if someone was found inside a building with burglar tools, such as lock picks, they could be arrested for intent of burglary, even if they hadn’t taken anything at that time. God gives Moses a series of conditions that the judging congregation should consider if the killer is a murderer or a person guilty of manslaughter.
If a person struck down another person using an iron object, a stone tool, or a wooden tool which inflicted a mortal wound, that person would be considered a murderer (responsible for careless action). If a person was pushed by someone else out of hatred, something thrown at them, victim of a lying-in-wait trap, or in enmity (Hebrew ‘ě·ḇā(h)’,[2] hostility, animosity, or ill will) struck the other person (Hebrew ‘mǎk·kē(h)’,[3] to beat, strike, for the purpose of wounding) and the person dies, the culprit is guilty of being a murderer. The avenger of blood is to be the one that puts the murderer to death (be the executioner).
35:22 “But if he pushed him suddenly without enmity, or hurled anything on him without lying in wait 23 or used a stone that could cause death, and without seeing him dropped it on him, so that he died, though he was not his enemy and did not seek his harm, 24 then the congregation shall judge between the manslayer and the avenger of blood, in accordance with these rules. 25 And the congregation shall rescue the manslayer from the hand of the avenger of blood, and the congregation shall restore him to his city of refuge to which he had fled, and he shall live in it until the death of the high priest who was anointed with the holy oil. 26 But if the manslayer shall at any time go beyond the boundaries of his city of refuge to which he fled, 27 and the avenger of blood finds him outside the boundaries of his city of refuge, and the avenger of blood kills the manslayer, he shall not be guilty of blood. 28 For he must remain in his city of refuge until the death of the high priest, but after the death of the high priest the manslayer may return to the land of his possession. 29 And these things shall be for a statute and rule for you throughout your generations in all your dwelling places.
Now if a person accidentally pushed another without trying to do harm to them, threw something but was not trying to intentionally hit someone, or inadvertently dropped a stone that injured someone and the victim of these actions dies, the person who did these things would be considered a manslayer and not a murderer. The congregation would then return the manslayer to the city of refuge and live there until the high priest dies. If the person was ever found outside the boundaries of the refuge city by the avenger of blood and they kill them, the avenger of blood would not be considered guilty of murder and the manslayer’s death would not be allowed to be avenged.
After the death of the high priest, the manslayer could then return home to the land of their possession without fear of vengeance.
35:30 “If anyone kills a person, the murderer shall be put to death on the evidence of witnesses. But no person shall be put to death on the testimony of one witness.
If someone commits murder, or if the one who fled to a city of refuge is convicted of murder, they can be put to death based on just eye-witness accounts. However, if there is only one witness, they cannot be put to death, two or more witnesses are required for any conviction. “You must not convict anyone of a crime on the testimony of only one witness. The facts of the case must be established by the testimony of two or three witnesses.” (Deuteronomy 19:15, NLT, see also Deuteronomy 17:6) The need for two or more witnesses continued through and included the time of the New Testament (see Matthew 18:16; John 8:17; 2 Corinthians 13:1; 1 Timothy 5:19; Hebrews 10:28), the concept of needing two witnesses was also integral when Jesus appeared before Caiaphas after He was arrested (see Matthew 26:59-61).
35:31 Moreover, you shall accept no ransom for the life of a murderer, who is guilty of death, but he shall be put to death. 32 And you shall accept no ransom for him who has fled to his city of refuge, that he may return to dwell in the land before the death of the high priest. 33 You shall not pollute the land in which you live, for blood pollutes the land, and no atonement can be made for the land for the blood that is shed in it, except by the blood of the one who shed it. 34 You shall not defile the land in which you live, in the midst of which I dwell, for I the LORD dwell in the midst of the people of Israel.”
Under specific conditions God’s law allowed a ransom (atonement) to be paid for a life (see Exodus 22:30; 30:20), however, this was not permissible for murder, as the only acceptable payment was the giving of their own life. In addition, ransom payments were not to be accepted allowing a manslayer to leave a city of refuge before the high priest had died.
Whenever a murder is committed, the blood of the killed person would defile the land and no atonement could be made for the land for that blood other than the blood of the person responsible for the murder. The land where they lived must never be defiled since God dwells there in their midst. If a body is found and determined to have been murdered, there is an atonement process outlined in Deuteronomy 21:1-9 to protect those living in the Promised Land from any “blood guilt” as a result of any unpunished homicide.
Considerations
In this chapter we encountered two unusual regulations. The first was the need for a city of refuge, which many have asked why have a place to go to be protected from a person seeking vengeance instead of making a law that simply proclaimed a manslayer innocent? The second one is related, what does the life of the high priest have to do with a person being sequestered in a small city?
These two questions have been answered in a variety of ways through the years. However, if one does not recognize the importance of types and models in Scripture, the answers will undoubtedly be inadequate.[4] The quick answer to both questions is that they are models (types) of redemption.
To simplify, a city of refuge is a safe haven, a place that protects one from the dangers of the outside world. Since mankind inherited a sinful nature from Adam and the wages of sin is death (see Romans 6:23), death is inevitable. However, if a place was provided to protect people from death, it would be called redemption, once considered dead, but now alive. Because man cannot do anything to change that death sentence, the redemption could only come from God, who sent His Son to die on our behalf, allowing Jesus to become our city of refuge. Since Jesus, who is also our High Priest, died, the death sentence has been cancelled, His act of redemption has freed all believers. But the model doesn’t end there, Jesus rose from the dead and cannot die again, the safe haven He provides will last an eternity. Like all models, not every detail aligns perfectly with the primary theme, but it does help answer the questions and give us a better understanding of redemption.
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[1] See commentary under Exodus 21:12-13.
[2] Strong’s Hebrew 342.
[3] Strong’s Hebrew 5221.
[4] See Considerations under Genesis 2:15-17 and Exodus 13:16; the Snapshot of Humanity in the Introduction of Exodus; and Appendix 1 – Literary Devices in the Bible.