share torah logo

Numbers 35:28 - High priest's death brings freedom?

Numbers 35:28 - במדבר 35:28

Hebrew Text

כִּי בְעִיר מִקְלָטוֹ יֵשֵׁב עַד־מוֹת הַכֹּהֵן הַגָּדֹל וְאַחֲרֵי מוֹת הַכֹּהֵן הַגָּדֹל יָשׁוּב הָרֹצֵחַ אֶל־אֶרֶץ אֲחֻזָּתוֹ׃

English Translation

because he should have remained in the city of his refuge until the death of the high priest: but after the death of the high priest the slayer shall return to the land of his possession.

Transliteration

Ki ve'ir miklato yeshev ad-mot hakohen hagadol ve'acharei mot hakohen hagadol yashuv harotze'ach el-eretz achuzato.

Hebrew Leining Text

כִּ֣י בְעִ֤יר מִקְלָטוֹ֙ יֵשֵׁ֔ב עַד־מ֖וֹת הַכֹּהֵ֣ן הַגָּדֹ֑ל וְאַחֲרֵ֥י מוֹת֙ הַכֹּהֵ֣ן הַגָּדֹ֔ל יָשׁוּב֙ הָרֹצֵ֔חַ אֶל־אֶ֖רֶץ אֲחֻזָּתֽוֹ׃
כִּ֣י בְעִ֤יר מִקְלָטוֹ֙ יֵשֵׁ֔ב עַד־מ֖וֹת הַכֹּהֵ֣ן הַגָּדֹ֑ל וְאַחֲרֵ֥י מוֹת֙ הַכֹּהֵ֣ן הַגָּדֹ֔ל יָשׁוּב֙ הָרֹצֵ֔חַ אֶל־אֶ֖רֶץ אֲחֻזָּתֽוֹ׃

🎵 Listen to leining

Parasha Commentary

Explanation of the Verse (Numbers 35:28)

The verse discusses the law of the עִיר מִקְלָט (ir miklat, city of refuge), where an unintentional murderer must remain until the death of the כֹּהֵן הַגָּדֹל (Kohen Gadol, High Priest). Only then may he return to his ancestral land.

Rashi's Commentary

Rashi (Rabbi Shlomo Yitzchaki) explains that the unintentional murderer must stay in the city of refuge as an atonement for his accidental act. The death of the Kohen Gadol serves as a form of כַּפָּרָה (atonement), allowing the exile to end. Rashi further notes that the Kohen Gadol’s death brings atonement because he should have prayed for Divine mercy to prevent such tragedies from occurring in his generation (Rashi on Numbers 35:25).

Rambam’s Perspective (Hilchot Rotzeach 7:1)

Maimonides (Rambam) elaborates in Mishneh Torah that the unintentional killer is not truly free until the Kohen Gadol’s death. This law emphasizes the severity of taking a life, even accidentally, and the need for a period of reflection and repentance. The Kohen Gadol’s passing symbolizes a shift in spiritual leadership, allowing the exile to conclude.

Talmudic Insights (Makkot 11a-11b)

The Talmud discusses why the unintentional murderer’s exile is linked to the Kohen Gadol’s death:

  • The Kohen Gadol represents the spiritual state of the nation; his death marks a new era, allowing the exile to end.
  • There is a mystical connection—had the Kohen Gadol prayed more fervently, such tragedies might have been prevented.
  • The unintentional killer’s confinement serves as a form of גלות (exile), paralleling the concept that exile atones for sin.

Midrashic Interpretation (Bamidbar Rabbah 23:13)

The Midrash teaches that the Kohen Gadol’s mother would provide food and clothing to the unintentional killers in the cities of refuge, ensuring they did not pray for her son’s death. This illustrates the delicate balance between justice and mercy—while the killer must remain in exile, the Kohen Gadol’s life is not to be hastened.

Halachic Implications

According to Shulchan Aruch (Choshen Mishpat 425:1), this law applies only to unintentional killers. A deliberate murderer has no refuge and is subject to capital punishment. The city of refuge serves as both protection from the גּוֹאֵל הַדָּם (blood avenger) and a place of atonement.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Makkot 11b
The verse is discussed in the context of the laws regarding cities of refuge and the conditions under which a murderer may return from exile.
📖 Bava Kamma 38b
Referenced in a discussion about the responsibilities and roles of the high priest in relation to the cities of refuge.

Frequently Asked Questions

Q: What does Numbers 35:28 mean?
A: Numbers 35:28 discusses the law of the 'ir miklat' (city of refuge), where someone who accidentally kills another person must stay until the death of the Kohen Gadol (High Priest). After the Kohen Gadol passes away, the accidental killer is allowed to return home. This teaches that even unintentional acts have consequences, and the Kohen Gadol's role is connected to atonement for the community.
Q: Why does the accidental killer have to wait until the Kohen Gadol's death?
A: Rashi explains that the Kohen Gadol bears some responsibility because his prayers and leadership should have prevented such tragedies. His death serves as an atonement, allowing the accidental killer to return home. The Talmud (Makkot 11b) also connects this to the idea that the Kohen Gadol’s spiritual influence impacts the entire nation.
Q: What is the significance of the 'ir miklat' (city of refuge)?
A: The 'ir miklat' provides protection for someone who killed accidentally, preventing revenge from the victim’s family. Rambam (Hilchos Rotzeach 8:9) explains that these cities emphasize the Torah’s value for life—even accidental killers must reflect on their actions, but they are also given a chance for rehabilitation.
Q: Does this law apply today?
A: Since we currently do not have a functioning Sanhedrin (Jewish court) or a Kohen Gadol, the laws of the 'ir miklat' are not practiced today. However, the moral lessons—such as accountability, repentance, and the sanctity of life—remain timeless Jewish values.
Q: What can we learn from this verse?
A: This verse teaches that leadership carries spiritual responsibility (Kohen Gadol’s role), that unintentional harm still requires atonement, and that justice must balance accountability with compassion. The Midrash (Tanchuma Massei 10) also highlights how the Torah provides a structured path for repentance and reintegration into society.