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Deuteronomy 19:13 - Justice demands no mercy

Deuteronomy 19:13 - דברים 19:13

Hebrew Text

לֹא־תָחוֹס עֵינְךָ עָלָיו וּבִעַרְתָּ דַם־הַנָּקִי מִיִּשְׂרָאֵל וְטוֹב לָךְ׃

English Translation

Thy eye shall not pity him, but thou shalt put away the guilt of innocent blood from Yisra᾽el, that it may go well with thee.

Transliteration

Lo-tachos einecha alav uviarta dam-hanaki mi-Yisrael ve-tov lach.

Hebrew Leining Text

לֹא־תָח֥וֹס עֵֽינְךָ֖ עָלָ֑יו וּבִֽעַרְתָּ֧ דַֽם־הַנָּקִ֛י מִיִּשְׂרָאֵ֖ל וְט֥וֹב לָֽךְ׃ <span class="mam-spi-samekh">{ס}</span>        
לֹא־תָח֥וֹס עֵֽינְךָ֖ עָלָ֑יו וּבִֽעַרְתָּ֧ דַֽם־הַנָּקִ֛י מִיִּשְׂרָאֵ֖ל וְט֥וֹב לָֽךְ׃ {ס}        

🎵 Listen to leining

Parasha Commentary

Context of the Verse

The verse (Devarim 19:13) appears in the context of the laws concerning the cities of refuge (ערי מקלט) and the treatment of an intentional murderer. The Torah commands that one who commits premeditated murder must not be shown mercy, and justice must be carried out to "remove the guilt of innocent blood from Yisrael."

Rashi's Explanation

Rashi (Devarim 19:13) explains that the phrase "לֹא־תָחוֹס עֵינְךָ עָלָיו" ("Your eye shall not pity him") means that even if the murderer appears righteous in other aspects of his life, the court must not hesitate to execute judgment. The phrase "וּבִעַרְתָּ דַם־הַנָּקִי" ("You shall remove the guilt of innocent blood") refers to the atonement achieved by punishing the murderer, thereby cleansing the land of the spiritual stain caused by bloodshed.

Rambam's Perspective

In Hilchot Rotzeach U’Shemirat Nefesh (1:4), the Rambam emphasizes that executing a murderer is not an act of cruelty but a necessary measure to uphold justice and deter others from committing similar crimes. He links this mitzvah to the broader principle of maintaining societal order, as allowing murderers to go unpunished would lead to moral decay.

Midrashic Insights

  • The Sifrei (Devarim 190) connects this verse to the idea that failure to punish a murderer brings collective guilt upon the nation, as seen in the case of the city of Shechem (Bereishit 34).
  • The Tanchuma (Mishpatim 8) teaches that showing mercy to the cruel ultimately results in cruelty to the merciful—meaning that misplaced compassion for a murderer endangers innocent lives.

Moral and Halachic Implications

The verse underscores the Torah's insistence on strict justice in cases of intentional murder. The phrase "וְטוֹב לָךְ" ("that it may go well with you") teaches that adhering to this law brings divine blessing, as it preserves the sanctity of life and the moral fabric of society. The Sefer HaChinuch (Mitzvah 410) explains that this mitzvah reinforces the infinite value of human life by demanding accountability for its wrongful taking.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Sanhedrin 45b
The verse is cited in the context of discussing the laws of executing a rebellious elder, emphasizing the importance of not showing pity in cases where the law demands strict justice.
📖 Makkot 7a
Referenced in a discussion about the severity of shedding innocent blood and the communal responsibility to eradicate such evil from Israel.

Frequently Asked Questions

Q: What does 'your eye shall not pity him' mean in Deuteronomy 19:13?
A: This means that when dealing with a convicted murderer, judges must not show mercy or reduce their punishment out of personal feelings. Rashi explains this refers to not allowing pity to influence the court's judgment, as justice must be carried out strictly in such cases.
Q: Why does the Torah say to 'remove innocent blood from Israel'?
A: The Rambam (Hilchos Rotzeach 1:4) teaches that executing a murderer atones for the blood of the victim and cleanses the land from spiritual impurity. The Talmud (Makkos 7a) states this protects society by removing evil and maintaining justice.
Q: What is the meaning of 'that it may go well with you' at the end of the verse?
A: The Sforno explains that when justice is properly administered, it brings Divine blessing and protection to the nation. The Talmud (Sanhedrin 8a) connects this to the concept that proper judgment maintains peace and stability in society.
Q: How does this verse apply today when we don't have capital punishment?
A: While Jewish courts today don't carry out capital punishment, the principle teaches us the gravity of murder and importance of justice. The Chofetz Chaim explains we apply this by supporting just legal systems and recognizing the severity of taking a life.
Q: Does this verse mean we should never show mercy to anyone?
A: No, the Talmud (Sanhedrin 52b) distinguishes between cases requiring strict justice (like murder) and others where mercy is appropriate. Rambam (Hilchos Sanhedrin 20:2) notes this applies specifically to convicted murderers after a fair trial with proper warnings.