share torah logo

Deuteronomy 19:4 - Unintentional killer's refuge?

Deuteronomy 19:4 - דברים 19:4

Hebrew Text

וְזֶה דְּבַר הָרֹצֵחַ אֲשֶׁר־יָנוּס שָׁמָּה וָחָי אֲשֶׁר יַכֶּה אֶת־רֵעֵהוּ בִּבְלִי־דַעַת וְהוּא לֹא־שֹׂנֵא לוֹ מִתְּמֹל שִׁלְשֹׁם׃

English Translation

And this is the case of the slayer, who shall flee there, that he may live: whoever unwittingly kills his neighbour, whom he hated not in time past;

Transliteration

Vezeh devar harotze'ach asher-yanus shamah vachai asher yakeh et-re'ehu bivli-da'at vehu lo-sone lo mitmol shilshom.

Hebrew Leining Text

וְזֶה֙ דְּבַ֣ר הָרֹצֵ֔חַ אֲשֶׁר־יָנ֥וּס שָׁ֖מָּה וָחָ֑י אֲשֶׁ֨ר יַכֶּ֤ה אֶת־רֵעֵ֙הוּ֙ בִּבְלִי־דַ֔עַת וְה֛וּא לֹא־שֹׂנֵ֥א ל֖וֹ מִתְּמֹ֥ל שִׁלְשֹֽׁם׃
וְזֶה֙ דְּבַ֣ר הָרֹצֵ֔חַ אֲשֶׁר־יָנ֥וּס שָׁ֖מָּה וָחָ֑י אֲשֶׁ֨ר יַכֶּ֤ה אֶת־רֵעֵ֙הוּ֙ בִּבְלִי־דַ֔עַת וְה֛וּא לֹא־שֹׂנֵ֥א ל֖וֹ מִתְּמֹ֥ל שִׁלְשֹֽׁם׃

🎵 Listen to leining

Parasha Commentary

The Law of the Unintentional Killer

The verse (Devarim 19:4) discusses the case of an unintentional killer who is permitted to flee to a city of refuge (עיר מקלט) to escape the avenger of blood (גואל הדם). Rashi explains that this applies specifically to one who kills בִּבְלִי־דַעַת (without knowledge), meaning without intent, such as an axe head slipping from its handle (Makkot 7b). The Torah emphasizes that the killer must not have harbored prior hatred (לֹא־שֹׂנֵא לוֹ מִתְּמֹל שִׁלְשֹׁם), as this would indicate possible premeditation.

Conditions for Eligibility

According to the Rambam (Hilchos Rotzeach 5:2), three key conditions must be met for the killer to qualify for refuge:

  • The killing must be entirely accidental (בִּבְלִי־דַעַת).
  • There must be no prior enmity (לֹא־שֹׂנֵא לוֹ).
  • The act must not involve negligence (e.g., failing to properly secure a dangerous object).

Concept of the Cities of Refuge

The Talmud (Makkot 10a) teaches that the cities of refuge served a dual purpose: they protected the unintentional killer from retribution while also serving as a form of exile to atone for the taking of life, even if accidental. The Midrash (Sifrei Devarim 181) notes that the phrase וָחָי ("and he shall live") underscores the sanctity of life—even the life of one who caused death unintentionally must be preserved.

Distinction Between Intentional and Unintentional Killing

The Ramban (Nachmanides) highlights that the Torah's distinction between premeditated murder and accidental killing reflects divine justice. A killer with prior hatred (שֹׂנֵא) is presumed to have acted with malice and is thus ineligible for refuge (Sanhedrin 27b). The absence of hatred is critical in determining the killer's innocence of intent.

📚 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 unintentional killers.
📖 Sanhedrin 49a
The verse is referenced in a discussion about the distinction between intentional and unintentional killing.

Frequently Asked Questions

Q: What does Deuteronomy 19:4 mean?
A: Deuteronomy 19:4 discusses the laws of an unintentional killer (shogeg) who may flee to a city of refuge (ir miklat) to escape avengers. The verse specifies that this applies only to someone who killed accidentally ('without knowledge') and without prior hatred toward the victim. Rashi explains that 'without knowledge' means the act was completely unintentional, like an axe slipping while chopping wood.
Q: Why are cities of refuge important in the Torah?
A: Cities of refuge provided protection for accidental killers, balancing justice with compassion. The Rambam (Hilchos Rotzeach 8:4) explains that these cities prevented blood feuds while ensuring true murderers faced proper judgment. The Talmud (Makkos 10a) also teaches that these cities were strategically placed and well-maintained to be accessible to those in need.
Q: What can we learn from the phrase 'whom he hated not in time past'?
A: This phrase teaches that true accidental killing must lack any prior malice. The Talmud (Makkos 2b) states that if witnesses testify the killer had any prior hostility, even if the act seemed accidental, they would not qualify for refuge. This emphasizes the Torah's careful distinction between true accidents and hidden intent.