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Numbers 35:11 - Sanctuary for accidental killers?

Numbers 35:11 - במדבר 35:11

Hebrew Text

וְהִקְרִיתֶם לָכֶם עָרִים עָרֵי מִקְלָט תִּהְיֶינָה לָכֶם וְנָס שָׁמָּה רֹצֵחַ מַכֵּה־נֶפֶשׁ בִּשְׁגָגָה׃

English Translation

then you shall appoint you cities to be cities of refuge for you; that the slayer who kills any person unawares may flee thither.

Transliteration

Vehikritem lakhem arim arei miklat tihyena lakhem venas shama rotze'ach makeh-nefesh bishgaga.

Hebrew Leining Text

וְהִקְרִיתֶ֤ם לָכֶם֙ עָרִ֔ים עָרֵ֥י מִקְלָ֖ט תִּהְיֶ֣ינָה לָכֶ֑ם וְנָ֥ס שָׁ֙מָּה֙ רֹצֵ֔חַ מַכֵּה־נֶ֖פֶשׁ בִּשְׁגָגָֽה׃
וְהִקְרִיתֶ֤ם לָכֶם֙ עָרִ֔ים עָרֵ֥י מִקְלָ֖ט תִּהְיֶ֣ינָה לָכֶ֑ם וְנָ֥ס שָׁ֙מָּה֙ רֹצֵ֔חַ מַכֵּה־נֶ֖פֶשׁ בִּשְׁגָגָֽה׃

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Parasha Commentary

The Commandment of Arei Miklat (Cities of Refuge)

The verse (Bamidbar 35:11) commands the establishment of Arei Miklat (cities of refuge) for accidental killers. Rashi explains that these cities provided protection for someone who killed unintentionally (b'shogeg) from the avenger of blood (go'el hadam). The Torah emphasizes the importance of justice by distinguishing between intentional and unintentional acts.

Conditions for Fleeing to an Ir Miklat

According to the Rambam (Hilchos Rotzeach 8:1-2), several conditions must be met for a killer to qualify for refuge:

  • The killing must be entirely accidental (shogeg gamur), with no negligence involved.
  • The killer must have had no prior enmity with the victim (based on Devarim 19:4).
  • The act must lack intent, as derived from the phrase "בִּשְׁגָגָה" (unawares).

Purpose and Spiritual Significance

The Talmud (Makkos 10a) teaches that the cities of refuge were also inhabited by Levi'im, who were teachers of Torah. The Sforno suggests that this arrangement provided the accidental killer an opportunity for spiritual growth during his exile. By learning Torah from the Levi'im, he could reflect on the sanctity of life and do teshuvah.

Geographical Requirements

The Mishnah (Makkos 2:6) details that the cities of refuge had to be:

  • Accessible, with wide roads and clear signage (as per the Rambam, Hilchos Rotzeach 8:5).
  • Distributed evenly across Eretz Yisrael—three cities west of the Jordan and three in Transjordan (based on Devarim 4:41-43).

The Role of the Go'el Hadam (Blood Avenger)

Rashi (on Bamidbar 35:12) explains that the go'el hadam was a close relative tasked with pursuing the killer if the act was intentional. However, the accidental killer was protected in the Ir Miklat until the death of the Kohen Gadol (Bamidbar 35:25), symbolizing atonement through the leadership of the generation.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Makkot 10a
The verse is discussed in the context of the laws regarding cities of refuge and the conditions under which a person who kills unintentionally may flee there.
📖 Bava Kamma 83b
The verse is referenced in a discussion about the legal distinctions between intentional and unintentional acts, particularly in the context of homicide.

Frequently Asked Questions

Q: What are 'cities of refuge' in the Torah?
A: Cities of refuge (ערי מקלט) were designated cities in the Land of Israel where someone who accidentally killed another person could flee for protection. This is commanded in Numbers 35:11 to prevent blood revenge from the victim's family. The Torah provides detailed laws about these cities to ensure justice and mercy.
Q: Why did the Torah establish cities of refuge?
A: The Torah established cities of refuge to protect someone who committed accidental manslaughter (שוגג). According to Rashi and the Talmud (Makkot 9b-10a), this system balanced justice by preventing vigilante revenge while still requiring the accidental killer to live in exile until the death of the Kohen Gadol (High Priest), showing the seriousness of taking a life even unintentionally.
Q: How many cities of refuge were there in Israel?
A: There were six cities of refuge in total—three on the east side of the Jordan River and three in the Land of Canaan (Numbers 35:13-14). The Talmud (Makkot 9b) explains that these cities were strategically placed so that someone could reach one quickly, emphasizing the Torah's value of preserving life and ensuring fairness.
Q: What can we learn from the concept of cities of refuge today?
A: The cities of refuge teach us about the Torah's approach to justice and repentance. Even accidental actions have consequences, but the Torah provides a path for atonement and protection. Rambam (Hilchos Rotzeach 8) discusses how this system reflects the importance of careful judgment and the sanctity of human life, lessons that remain relevant in ethical and legal systems today.
Q: Who was allowed to stay in a city of refuge?
A: Only someone who killed accidentally (בשוגג) was permitted to stay in a city of refuge. The Talmud (Makkot 7b-8a) explains that intentional murderers were not protected—they were subject to court judgment. Witnesses and proper legal procedures (as detailed in Deuteronomy 19) determined whether the act was truly accidental.