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Numbers 35:16 - Iron weapon: murderer's fate?

Numbers 35:16 - במדבר 35:16

Hebrew Text

וְאִם־בִּכְלִי בַרְזֶל הִכָּהוּ וַיָּמֹת רֹצֵחַ הוּא מוֹת יוּמַת הָרֹצֵחַ׃

English Translation

And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death.

Transliteration

Ve'im-bichli barzel hikahu vayamot rotzeach hu mot yumat harotzeach.

Hebrew Leining Text

וְאִם־בִּכְלִ֨י בַרְזֶ֧ל <small>׀</small> הִכָּ֛הוּ וַיָּמֹ֖ת רֹצֵ֣חַֽ ה֑וּא מ֥וֹת יוּמַ֖ת הָרֹצֵֽחַ׃
וְאִם־בִּכְלִ֨י בַרְזֶ֧ל ׀ הִכָּ֛הוּ וַיָּמֹ֖ת רֹצֵ֣חַֽ ה֑וּא מ֥וֹת יוּמַ֖ת הָרֹצֵֽחַ׃

🎵 Listen to leining

Parasha Commentary

Verse Context in Torah

This verse appears in Bamidbar (Numbers) 35:16, within the section discussing the laws of unintentional and intentional murder, as well as the cities of refuge (Arei Miklat). The Torah distinguishes between accidental killing and premeditated murder, with this verse addressing the latter when committed with a deadly weapon.

Halachic Interpretation

Rashi explains that the phrase "בִּכְלִי בַרְזֶל" ("with an instrument of iron") serves as an example of a lethal weapon, but the law extends to any object capable of causing death, such as a stone, wood, or other implements (Rashi on Bamidbar 35:16). The Rambam (Hilchot Rotzeach 1:6) codifies this principle, stating that intentional murder with any deadly weapon incurs the death penalty.

Legal Requirements for Conviction

  • Warning (Hatra'ah): The Sanhedrin could only impose capital punishment if the murderer was warned immediately before the act and acknowledged the warning (Mishna Sanhedrin 8:1).
  • Intent (Mezid): The act must be deliberate, as opposed to accidental (Shogeg), which would require exile to a city of refuge (Bamidbar 35:22-25).
  • Lethality of the Weapon: The object used must be inherently deadly, as derived from the emphasis on "כְּלִי בַרְזֶל" (Talmud Sanhedrin 75b).

Moral and Philosophical Insights

The Sefer HaChinuch (Mitzvah 410) connects this law to the sanctity of human life, teaching that one who intentionally takes a life forfeits their own, as every person is created b'tzelem Elokim (in the image of G-d). The severity of the punishment reflects the Torah's absolute rejection of murder as a corruption of justice and societal order.

Comparison to Other Cases

The Talmud (Sanhedrin 77b) contrasts this verse with cases where death results from indirect force (e.g., pushing someone into danger). Only direct, intentional killing with a weapon incurs the full penalty, highlighting the Torah's precise legal distinctions.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Sanhedrin 78b
The verse is cited in a discussion about the laws of murder and the distinction between intentional and unintentional killing.
📖 Makkot 7b
Referenced in the context of discussing the penalties for murder and the requirements for conviction.

Frequently Asked Questions

Q: What does Numbers 35:16 mean when it says 'instrument of iron'?
A: The verse refers to any metal weapon or tool that can cause death. Rashi explains that 'instrument of iron' includes all metal objects, not just weapons, because even non-weapons can kill if used with lethal force. The Torah specifies this to show that using any dangerous object to kill makes one liable for murder.
Q: Why does the Torah specify the death penalty for murder?
A: The Rambam (Hilchos Rotzeach 1:4) teaches that taking a life unjustly is among the gravest sins because every person is created in G-d's image. The death penalty emphasizes the severity of murder and serves as a deterrent. The Talmud (Sanhedrin 72a) also states that saving a life overrides nearly all other commandments, showing how precious life is in Jewish law.
Q: How does Jewish law determine if someone is guilty of murder?
A: The Mishnah (Sanhedrin 9:1) explains that for the death penalty to apply, there must be clear witnesses who warned the murderer beforehand about the severity of the act. The Talmud adds many safeguards to prevent wrongful executions. According to Jewish law, accidental killing is treated differently (see cities of refuge in Numbers 35:9-15). Only intentional murder with proper warning and witnesses would incur capital punishment.