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Deuteronomy 19:6 - Unintentional killer's refuge?

Deuteronomy 19:6 - דברים 19:6

Hebrew Text

פֶּן־יִרְדֹּף גֹּאֵל הַדָּם אַחֲרֵי הָרֹצֵחַ כִּי־יֵחַם לְבָבוֹ וְהִשִּׂיגוֹ כִּי־יִרְבֶּה הַדֶּרֶךְ וְהִכָּהוּ נָפֶשׁ וְלוֹ אֵין מִשְׁפַּט־מָוֶת כִּי לֹא שֹׂנֵא הוּא לוֹ מִתְּמוֹל שִׁלְשׁוֹם׃

English Translation

lest the avenger of blood pursue the slayer, while his heart is hot, and overtake him, because the way is long, and slay him; though he was not worthy of death, since he hated him not in time past.

Transliteration

Pen-yirdof go'el hadam acharei harotze'ach ki-yechem levavo vehisigo ki-yirbeh haderech vehikahu nefesh velo ein mishpat-mavet ki lo sone hu lo mitmol shilshom.

Hebrew Leining Text

פֶּן־יִרְדֹּף֩ גֹּאֵ֨ל הַדָּ֜ם אַחֲרֵ֣י הָרֹצֵ֗חַ כִּי־יֵחַם֮ לְבָבוֹ֒ וְהִשִּׂיג֛וֹ כִּֽי־יִרְבֶּ֥ה הַדֶּ֖רֶךְ וְהִכָּ֣הוּ נָ֑פֶשׁ וְלוֹ֙ אֵ֣ין מִשְׁפַּט־מָ֔וֶת כִּ֠י לֹ֣א שֹׂנֵ֥א ה֛וּא ל֖וֹ מִתְּמ֥וֹל שִׁלְשֽׁוֹם׃
פֶּן־יִרְדֹּף֩ גֹּאֵ֨ל הַדָּ֜ם אַחֲרֵ֣י הָרֹצֵ֗חַ כִּי־יֵחַם֮ לְבָבוֹ֒ וְהִשִּׂיג֛וֹ כִּֽי־יִרְבֶּ֥ה הַדֶּ֖רֶךְ וְהִכָּ֣הוּ נָ֑פֶשׁ וְלוֹ֙ אֵ֣ין מִשְׁפַּט־מָ֔וֶת כִּ֠י לֹ֣א שֹׂנֵ֥א ה֛וּא ל֖וֹ מִתְּמ֥וֹל שִׁלְשֽׁוֹם׃

🎵 Listen to leining

Parasha Commentary

Context of the Verse

This verse (Devarim 19:6) appears in the context of the Torah's discussion of arei miklat (cities of refuge), which were designated as safe havens for individuals who committed unintentional manslaughter. The verse warns against the potential for a go'el hadam (blood avenger) to pursue and kill the accidental killer out of anger, even though the killer did not deserve the death penalty.

Explanation of Key Phrases

  • "פֶּן־יִרְדֹּף גֹּאֵל הַדָּם" (lest the avenger of blood pursue) - Rashi explains that the go'el hadam is typically a close relative of the victim who seeks retribution. The Torah establishes cities of refuge to prevent vigilante justice.
  • "כִּי־יֵחַם לְבָבוֹ" (while his heart is hot) - The Rambam (Hilchos Rotzeach 5:12) notes that this refers to the emotional state of the avenger, who acts impulsively in grief and anger rather than with reasoned judgment.
  • "וְלוֹ אֵין מִשְׁפַּט־מָוֶת" (though he was not worthy of death) - The Talmud (Makkos 10b) emphasizes that an unintentional killer does not deserve capital punishment, as his act lacked malice.
  • "כִּי לֹא שֹׂנֵא הוּא לוֹ מִתְּמוֹל שִׁלְשׁוֹם" (since he hated him not in time past) - The Midrash (Sifri Devarim 181) clarifies that the absence of prior enmity proves the killing was accidental, not premeditated.

Halachic Implications

The verse underscores the importance of due process and the prohibition of extrajudicial killings. The Rambam (Hilchos Sanhedrin 18:6) rules that a go'el hadam who kills an unintentional murderer outside a city of refuge is subject to the death penalty himself, as he has committed murder.

Moral Lesson

Beyond the legal framework, the verse teaches the dangers of acting impulsively in anger. The Talmud (Pesachim 66b) warns that heated emotions can lead to irreversible harm, reinforcing the Torah's emphasis on justice tempered by compassion.

📚 Talmud Citations

This verse is not quoted in the Talmud.

Frequently Asked Questions

Q: What does Deuteronomy 19:6 mean?
A: Deuteronomy 19:6 discusses the laws of the 'cities of refuge' (ערי מקלט), which were designated safe havens for someone who accidentally killed another person. The verse warns that without these cities, the 'avenger of blood' (גואל הדם) might pursue and kill the accidental killer out of anger, even though the killer did not deserve the death penalty since there was no prior hatred or intent to murder.
Q: Why is the concept of 'avenger of blood' important in Judaism?
A: The 'avenger of blood' (גואל הדם) was traditionally a close relative responsible for seeking justice for a slain family member. However, the Torah establishes strict boundaries to prevent vigilante justice. The cities of refuge ensured that only intentional murderers faced capital punishment, while accidental killers were protected. This reflects Judaism’s emphasis on fair justice and preventing unnecessary bloodshed (see Rashi on Deuteronomy 19:6 and Talmud Makkot 10a).
Q: What can we learn from Deuteronomy 19:6 about justice today?
A: This verse teaches the importance of a fair and measured justice system. It warns against acting out of anger or revenge, emphasizing that punishment must fit the crime. The Torah’s establishment of cities of refuge shows the need for legal protections to prevent wrongful punishment. Today, this reminds us to approach justice with wisdom, avoiding rash decisions based on emotion (see Rambam, Hilchot Rotzeach 5:1).
Q: How does the Torah distinguish between accidental and intentional killing?
A: The Torah makes a clear distinction: if there was no prior hatred or intent (כי לא שונא הוא לו מתמול שלשום), the killing is considered accidental, and the perpetrator may flee to a city of refuge. However, if the act was deliberate, the killer would face capital punishment. This distinction highlights Judaism’s careful approach to justice, ensuring that only true murderers receive the harshest penalty (see Talmud Makkot 7b and Rashi on Deuteronomy 19:6).
Q: Why did the Torah command cities of refuge?
A: The cities of refuge were commanded to prevent unnecessary bloodshed and ensure justice. Without them, family members of the deceased might act out of anger and kill an accidental murderer, violating Torah law. These cities provided a fair trial and a place of safety, reflecting the Torah’s balance between justice and mercy (see Midrash Sifrei Devarim 19:3 and Rambam, Hilchot Rotzeach 8:1).