Numbers 35:15 - Sanctuary for accidental killers?

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Hebrew Text

לִבְנֵי יִשְׂרָאֵל וְלַגֵּר וְלַתּוֹשָׁב בְּתוֹכָם תִּהְיֶינָה שֵׁשׁ־הֶעָרִים הָאֵלֶּה לְמִקְלָט לָנוּס שָׁמָּה כָּל־מַכֵּה־נֶפֶשׁ בִּשְׁגָגָה׃

English Translation

These six cities shall be a refuge, both for the children of Yisra᾽el, and for the stranger, and for the sojourner among them: that everyone that kills any person unawares may flee there.

Transliteration

Livnei Yisrael velager velatoshav betocham tihyena shesh-ha'arim ha'ele lemiklat lanus shama kol-makeh-nefesh bishgaga.

Hebrew Leining Text

לִבְנֵ֣י יִשְׂרָאֵ֗ל וְלַגֵּ֤ר וְלַתּוֹשָׁב֙ בְּתוֹכָ֔ם תִּהְיֶ֛ינָה שֵׁשׁ־הֶעָרִ֥ים הָאֵ֖לֶּה לְמִקְלָ֑ט לָנ֣וּס שָׁ֔מָּה כׇּל־מַכֵּה־נֶ֖פֶשׁ בִּשְׁגָגָֽה׃

Parasha Commentary

The Purpose of the Arei Miklat (Cities of Refuge)

The verse (Bamidbar 35:15) establishes that the six Arei Miklat serve as a refuge not only for Bnei Yisrael but also for the ger (convert) and toshav (resident alien). Rashi explains that this inclusion emphasizes the Torah's principle of equal justice—the same laws apply to all who dwell among the Jewish people. The Rambam (Hilchos Rotzeach 8:10) further clarifies that these cities provide protection for one who kills unintentionally, allowing them to escape the vengeance of the victim's relatives until a fair trial can be conducted.

The Inclusion of Ger and Toshav

The Talmud (Makkos 9a) discusses why both terms—ger and toshav—are specified. A ger refers to a full convert (ger tzedek), while a toshav is a non-Jew living among Israel who has accepted the Seven Noahide Laws (ger toshav). The Sifrei (Bamidbar 161) teaches that this demonstrates the Torah's concern for justice even for those who are not fully part of the covenant, ensuring that accidental killers among them also have a place of refuge.

The Nature of Unintentional Killing

The phrase "כָּל־מַכֵּה־נֶפֶשׁ בִּשְׁגָגָה" ("anyone who kills a person unintentionally") is interpreted by the Rambam (Hilchos Rotzeach 6:1) as referring to cases where the killer lacked intent but was still negligent to some degree. The Mishnah (Makkos 2:1) elaborates that the Arei Miklat do not protect someone who acted with full awareness (mezid), only those whose actions were truly accidental (shogeg).

Spiritual Dimensions of the Arei Miklat

The Midrash Tanchuma (Masei 8) suggests that the Arei Miklat also serve as a place of repentance. The accidental killer must remain there until the death of the Kohen Gadol, symbolizing atonement. The Chizkuni adds that this teaches that even unintentional sins require reflection and teshuvah, as all loss of life diminishes the Divine presence in the world.

Equal Justice: The inclusion of ger and toshav reinforces the Torah's universal standard of justice.
Distinction in Status: The Talmud differentiates between a full convert and a resident alien, yet both are granted protection.
Conditions for Refuge: Only unintentional killers are eligible; deliberate murderers face capital punishment.
Moral Lesson: The Arei Miklat remind us of the sanctity of life and the need for accountability even in accidental cases.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Makkot 10a

The verse is discussed in the context of the laws regarding cities of refuge (arei miklat) and who is eligible to seek refuge there, including Israelites, strangers, and sojourners.

📖 Bava Kamma 38b

The verse is referenced in a discussion about the inclusion of strangers and sojourners in the laws of cities of refuge, emphasizing the equal application of these laws to all residents.

Frequently Asked Questions

Q: What are the 'cities of refuge' mentioned in Numbers 35:15?
A: The 'cities of refuge' (ערי מקלט) were six designated cities in the Land of Israel where someone who accidentally killed another person could flee for protection. This prevented revenge killings by the victim's family while the case was properly judged (Rashi on Numbers 35:11, Mishnah Makkot 2:4).

Q: Why does the verse include strangers and sojourners in the cities of refuge?
A: The Torah emphasizes that the cities of refuge apply equally to Jews and non-Jews (גר ותושב) to teach that all human life is equally valuable. The Rambam explains that this demonstrates the Torah's universal justice (Hilchot Rotzeach 8:10-11).

Q: What lesson can we learn from the concept of cities of refuge today?
A: The cities teach us the importance of due process and protecting those who make unintentional mistakes. The Talmud (Makkot 10a) derives that we must provide safe passage to these cities, showing our responsibility to ensure justice is served properly.

Q: How were the cities of refuge different from regular cities?
A: The cities had special requirements: they had to be evenly distributed geographically (Devarim 19:3), accessible with clear roads (Makkot 10a), and were Levite cities where Torah scholars lived - providing spiritual guidance to accidental killers during their stay (Rashi on Bamidbar 35:11).

Q: What happened if someone left a city of refuge before the High Priest's death?
A: The Torah states that if an accidental killer left the city prematurely, the victim's family could lawfully avenge the death (Bamidbar 35:26-28). The Talmud explains this teaches the seriousness of unintentional consequences and the need for proper atonement (Makkot 11a).