share torah logo

Deuteronomy 19:11 - Murderer flees to refuge?

Deuteronomy 19:11 - דברים 19:11

Hebrew Text

וְכִי־יִהְיֶה אִישׁ שֹׂנֵא לְרֵעֵהוּ וְאָרַב לוֹ וְקָם עָלָיו וְהִכָּהוּ נֶפֶשׁ וָמֵת וְנָס אֶל־אַחַת הֶעָרִים הָאֵל׃

English Translation

But if any man hate his neighbour, and lie in wait for him, and rise up against him, and smite him mortally that he die, and then flees into one of these cities:

Transliteration

Vechi-yih'yeh ish soneh lerei'ehu ve'arav lo vekam alav vehikahu nefesh vamet venas el-achat he'arim ha'el.

Hebrew Leining Text

וְכִֽי־יִהְיֶ֥ה אִישׁ֙ שֹׂנֵ֣א לְרֵעֵ֔הוּ וְאָ֤רַב לוֹ֙ וְקָ֣ם עָלָ֔יו וְהִכָּ֥הוּ נֶ֖פֶשׁ וָמֵ֑ת וְנָ֕ס אֶל־אַחַ֖ת הֶעָרִ֥ים הָאֵֽל׃
וְכִֽי־יִהְיֶ֥ה אִישׁ֙ שֹׂנֵ֣א לְרֵעֵ֔הוּ וְאָ֤רַב לוֹ֙ וְקָ֣ם עָלָ֔יו וְהִכָּ֥הוּ נֶ֖פֶשׁ וָמֵ֑ת וְנָ֕ס אֶל־אַחַ֖ת הֶעָרִ֥ים הָאֵֽל׃

🎵 Listen to leining

Parasha Commentary

Context in the Torah

The verse (Devarim 19:11) appears in the context of the laws concerning the cities of refuge (ערי מקלט), which were designated for individuals who committed unintentional manslaughter. This verse, however, addresses a case where the killing was intentional, yet the perpetrator attempts to exploit the protection of these cities.

Rashi's Explanation

Rashi clarifies that this scenario describes a murderer who acts with premeditation ("שנאוי הוא לו מתחילה" – he hated him from the outset). The Torah outlines the steps of his crime:

  • "וְאָרַב לוֹ" – He lay in ambush, indicating planning.
  • "וְקָם עָלָיו" – He rose against him with intent.
  • "וְהִכָּהוּ נֶפֶשׁ" – He struck him mortally.

Rashi emphasizes that fleeing to a city of refuge does not absolve an intentional murderer, as these cities are only for accidental killers (based on Bamidbar 35:11-12).

Rambam's Legal Perspective

In Hilchos Rotzeach U'Shmiras Nefesh (5:14), Rambam rules that one who kills intentionally cannot claim sanctuary in a city of refuge. The elders of his city must extradite him to stand trial. If found guilty, he is subject to the death penalty (provided all conditions of intentional murder are met, such as proper warnings and witnesses).

Talmudic Discussion

The Gemara (Makkos 10b) analyzes this verse to distinguish between intentional and unintentional killing. The phrase "וְכִי־יִהְיֶה אִישׁ שֹׂנֵא" establishes that hatred is a key factor in proving premeditation. The Sages derive that:

  • Prior hatred ("שנאה קודמת") is necessary to classify the act as murder.
  • Without prior hatred, the killing may be deemed accidental (unless other evidence proves intent).

Moral Lesson from Midrash

The Midrash Tanchuma (Mishpatim 8) warns that hatred leads to severe transgressions, as seen here. It connects this verse to the broader Torah principle of "וְאָהַבְתָּ לְרֵעֲךָ כָּמוֹךָ" (Vayikra 19:18), teaching that unchecked hatred corrupts judgment and can escalate to violence.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Makkot 10b
The verse is discussed in the context of the laws regarding cities of refuge for someone who kills unintentionally.
📖 Sanhedrin 49a
The verse is referenced in a discussion about the conditions under which a person is considered a murderer and the implications for seeking refuge.

Frequently Asked Questions

Q: What does Deuteronomy 19:11 mean?
A: Deuteronomy 19:11 discusses a scenario where a person intentionally kills another out of hatred and then flees to one of the designated 'cities of refuge.' According to Rashi, this verse highlights the severity of premeditated murder (retzicha) in Jewish law, as opposed to accidental killing (shogeg). The Torah establishes these cities to ensure justice while distinguishing between intentional and unintentional acts.
Q: Why are the 'cities of refuge' mentioned in this verse important?
A: The 'cities of refuge' (arei miklat) served as safe havens for those who committed accidental manslaughter, protecting them from avenging relatives (see Numbers 35:9-34). However, as Rambam explains in Hilchot Rotzeach, this verse clarifies that these cities do not protect intentional murderers—they would face trial and punishment. This distinction underscores the Torah’s careful balance between justice and mercy.
Q: What can we learn from the warning about hatred in Deuteronomy 19:11?
A: The verse begins with 'if a man hates his neighbor,' teaching that unchecked hatred can lead to severe sins like murder. The Talmud (Sanhedrin 27b) warns that baseless hatred (sinat chinam) is spiritually destructive. This verse reminds us to resolve conflicts peacefully and avoid letting hatred control our actions, as it violates the Torah’s command to 'love your neighbor as yourself' (Leviticus 19:18).
Q: How does this verse apply to justice systems today?
A: While we no longer have cities of refuge, the principle of distinguishing between intentional and unintentional acts remains central to Jewish law (Halacha). The verse teaches the importance of fair trials and proper evidence, as elaborated in the Talmud (Makkot 7a-10b). Today, Jewish courts (beit din) and legal systems worldwide still prioritize intent when determining accountability, reflecting this Torah value.