share torah logo

Numbers 35:26 - Avenger's justice beyond refuge?

Numbers 35:26 - במדבר 35:26

Hebrew Text

וְאִם־יָצֹא יֵצֵא הָרֹצֵחַ אֶת־גְּבוּל עִיר מִקְלָטוֹ אֲשֶׁר יָנוּס שָׁמָּה׃

English Translation

But if the slayer shall at any time come outside the border of the city of his refuge, whither he was fled;

Transliteration

Ve'im-yatzo yetze harotze'ach et-gvul ir miklato asher yanus shamah.

Hebrew Leining Text

וְאִם־יָצֹ֥א יֵצֵ֖א הָרֹצֵ֑חַ אֶת־גְּבוּל֙ עִ֣יר מִקְלָט֔וֹ אֲשֶׁ֥ר יָנ֖וּס שָֽׁמָּה׃
וְאִם־יָצֹ֥א יֵצֵ֖א הָרֹצֵ֑חַ אֶת־גְּבוּל֙ עִ֣יר מִקְלָט֔וֹ אֲשֶׁ֥ר יָנ֖וּס שָֽׁמָּה׃

🎵 Listen to leining

Parasha Commentary

Context of the Verse

The verse (Numbers 35:26) discusses the laws of the ir miklat (city of refuge), where an unintentional murderer (rotzeach b'shogeg) must flee to avoid the avenger of blood (goel hadam). This verse specifies the consequences if the accidental killer leaves the boundaries of the city of refuge.

Rashi's Commentary

Rashi explains that the phrase "וְאִם־יָצֹא יֵצֵא" ("But if the slayer shall at any time come outside") implies that the killer is permitted to leave the city of refuge only under specific conditions—such as for the needs of a trial or if the High Priest dies (which grants him freedom). However, if he leaves without justification, the goel hadam is permitted to kill him.

Rambam's Legal Perspective

In Hilchos Rotzeach U’Shmiras Nefesh (Laws of Murder and Preservation of Life 7:8-9), Rambam codifies that an unintentional murderer who leaves the city of refuge forfeits his protection. The goel hadam may execute him, as he has violated the terms of his asylum. This underscores the severity of remaining within the designated boundaries.

Talmudic Discussion

The Talmud (Makkos 11a) elaborates on this verse, stating that even if the killer steps just outside the city's border—even by a hair's breadth—he becomes liable. The Sages derive from the double language "יָצֹא יֵצֵא" that any departure, whether intentional or accidental, endangers him.

Midrashic Insight

The Sifrei (a halachic Midrash on Numbers) teaches that this law serves as a deterrent, reinforcing the sanctity of life. Even an accidental killer must recognize the gravity of his actions and remain in exile until the High Priest's death, symbolizing atonement for the spilled blood.

Practical Implications

  • The verse emphasizes the strict boundaries of the ir miklat, teaching that safety is contingent upon adherence to Divine law.
  • It highlights the Torah's balance between justice and mercy—protecting the unintentional killer while ensuring accountability.
  • The role of the goel hadam is limited only to cases where the killer violates the terms of his refuge.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Makkot 12b
The verse is discussed in the context of the laws regarding cities of refuge and the conditions under which a murderer may leave the city of refuge.

Frequently Asked Questions

Q: What does Numbers 35:26 mean?
A: This verse discusses the law of an accidental killer who flees to a 'city of refuge' (עיר מקלט). It warns that if the killer leaves the city's boundaries, the victim's family member (the 'blood avenger') may lawfully kill them without guilt. This teaches the importance of staying in the designated safe place for protection.
Q: Why were cities of refuge important in the Torah?
A: Cities of refuge provided protection for someone who killed accidentally (שוגג), as explained in the Talmud (Makkot 10a). Without these cities, the accidental killer could be killed by the victim's relative. The Torah values justice but also provides mercy for unintentional acts.
Q: What can we learn from Numbers 35:26 today?
A: The verse teaches that actions have consequences, even accidental ones. Rashi explains that leaving the city of refuge shows carelessness, implying the killer doesn't fully regret the accident. Today, we learn to take responsibility for our actions and follow proper procedures for atonement and safety.