Deuteronomy 19
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“Search the scriptures; for in them ye think ye have eternal life: and they are they which testify of me.” — John 5:39
1When the LORD thy God hath cut off the nations, whose land the LORD thy God giveth thee, and thou succeedest them, and dwellest in their cities, and in their houses;
2Thou shalt separate three cities for thee in the midst of thy land, which the LORD thy God giveth thee to possess it.
CHAPTER 19
De 19:1-13. Of the Cities of Refuge.
2. Thou shalt separate three cities for thee in the midst of thy land--Goelism, or the duty of the nearest kinsmen to avenge the death of a slaughtered relative, being the customary law of that age (as it still is among the Arabs and other people of the East), Moses incorporated it in an improved form with his legislative code. For the protection of the unintentional homicide, he provided certain cities of refuge--three had been destined for this purpose on the east of Jordan (De 4:41; Nu 35:11); three were to be invested with the same privilege on the west of that river when Canaan should be conquered.
in the midst of thy land--in such a position that they would be conspicuous and accessible, and equidistant from the extremities of the land and from each other.
3Thou shalt prepare thee a way, and divide the coasts of thy land, which the LORD thy God giveth thee to inherit, into three parts, that every slayer may flee thither.
3. Thou shalt prepare thee a way--The roads leading to them were to be kept in good condition and the brooks or rivers to be spanned by good bridges; the width of the roads was to be thirty-two cubits; and at all the crossroads signposts were to be erected with the words, Mekeleth, Mekeleth, "refuge, refuge," painted on them.
divide the coasts of thy land ... into three parts--the whole extent of the country from the south to the north. The three cities on each side of Jordan were opposite to each other, "as two rows of vines in a vineyard" (see on Jos 20:7).
Moses had before this enunciated the law concerning cities of refuge for manslayers, and had already pointed out the cities on the east of the Jordan that were to be set apart for this (Num_35:11, etc.; Deu_4:41, etc.), he here repeats the law with special reference to the appointment of such cities "in the midst of the land," on the west of the Jordan, in Canaan itself; and he supplements the instructions formerly given with directions as to the maintenance of roads to the cities of refuge, and as to the division of the land, so that there should be a city of refuge in every third of the land.
Thou shalt prepare thee a way. In the East, the roads were for the most part mere tracks made by the feet of animals used as beasts of burden or for traveling; and this continues to be the case in Palestine and many other parts of the East even at the present day. That roads, however, properly so called, were not unknown to the Hebrews, even in early times, is evident, not only from this passage, but also from Le 26:22; Num_20:17; Num_21:22; Deu_2:27; 1Sa_6:12. The design of the injunction here was that every facility should be afforded to the fugitive to escape to the place of refuge. In later times, it was enacted that the roads leading to these cities should be repaired every year in the month Adar, and every obstruction removed.
4And this is the case of the slayer, which shall flee thither, that he may live: Whoso killeth his neighbour ignorantly, whom he hated not in time past;
5As when a man goeth into the wood with his neighbour to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head slippeth from the helve, and lighteth upon his neighbour, that he die; he shall flee unto one of those cities, and live:
6Lest the avenger of the blood pursue the slayer, while his heart is hot, and overtake him, because the way is long, and slay him; whereas he was not worthy of death, inasmuch as he hated him not in time past.
6-7. Lest the avenger of the blood pursue the slayer, while his heart is hot--This verse is a continuation of De 19:3 (for De 19:4, 5, which are explanatory, are in a parenthetical form), and the meaning is that if the kinsman of a person inadvertently killed should, under the impulse of sudden excitement and without inquiring into the circumstances, inflict summary vengeance on the homicide, however guiltless, the law tolerated such an act; it was to pass with impunity. But to prevent such precipitate measures, the cities of refuge were established for the reception of the homicide, that "innocent blood might not be shed in thy land" (De 19:10). In the case of premeditated murder (De 19:11, 12), they afforded no immunity; but, if it were only manslaughter, the moment the fugitive was within the gates, he found himself in a safe asylum (Nu 35:26-28; Jos 20:6).
7Wherefore I command thee, saying, Thou shalt separate three cities for thee.
8And if the LORD thy God enlarge thy coast, as he hath sworn unto thy fathers, and give thee all the land which he promised to give unto thy fathers;
8-9. And if the Lord thy God enlarge thy coast--Three additional sanctuaries were to be established in the event of their territory extending over the country from Hermon and Gilead to the Euphrates (see Ge 15:18; Ex 23:31). But it was obscurely hinted that this last provision would never be carried into effect, as the Israelites would not fulfil the conditions, namely, "that of keeping the commandments, to love the Lord, and walk ever in his ways." In point of fact, although that region was brought into subjection by David and Solomon, we do not find that cities of refuge were established; because those sovereigns only made the ancient inhabitants tributary, instead of sending a colony of Israelites to possess it. The privilege of sanctuary cities, however, was given only for Israelites; and besides, that conquered territory did not remain long under the power of the Hebrew kings.
9If thou shalt keep all these commandments to do them, which I command thee this day, to love the LORD thy God, and to walk ever in his ways; then shalt thou add three cities more for thee, beside these three:
10That innocent blood be not shed in thy land, which the LORD thy God giveth thee for an inheritance, and so blood be upon thee.
(Cf. Num_35:11, etc.)
Deu_19:8, Deu_19:9
In case their land should be extended, in ease they should come to possess the whole territory promised by God to the patriarchs, so that their domain should reach from the Nile to the Euphrates (Gen_15:18)—an event which should be realized only if they should continue steadfast in their obedience to all that God had enjoined upon them, and an event which in point of fact never was realized, for even under David and Solomon there were extensive territories within these limits which were not incorporated with the kingdom of Israel—in that case they were to add other three cities of refuge to those already appointed.
The design of appointing these cities was to prevent the shedding of innocent blood, which would be the case were the unintentional manslayer killed in revenge by one of the relatives of the man he had slain; in this case the guilt of bloodshed would rest upon the nation if they neglected to provide for the escape of the manslayer.
11But if any man hate his neighbour, and lie in wait for him, and rise up against him, and smite him mortally that he die, and fleeth into one of these cities:
12Then the elders of his city shall send and fetch him thence, and deliver him into the hand of the avenger of blood, that he may die.
13Thine eye shall not pity him, but thou shalt put away the guilt of innocent blood from Israel, that it may go well with thee.
14Thou shalt not remove thy neighbour’s landmark, which they of old time have set in thine inheritance, which thou shalt inherit in the land that the LORD thy God giveth thee to possess it.
De 19:14. The Landmark Is Not to Be Removed.
14. Thou shalt not remove thy neighbour's landmark, which they of old have set in thine inheritance--The state of Palestine in regard to enclosures is very much the same now as it has always been. Though gardens and vineyards are surrounded by dry-stone walls or hedges of prickly pear, the boundaries of arable fields are marked by nothing but by a little trench, a small cairn, or a single erect stone, placed at certain intervals. It is manifest that a dishonest person could easily fill the gutter with earth, or remove these stones a few feet without much risk of detection and so enlarge his own field by a stealthy encroachment on his neighbor's. This law, then, was made to prevent such trespasses.
They of old time; i.e. those of a former age. The word does not necessarily imply that the age described as "former" was removed at a great distance in the past; it might designate men of the immediately preceding age. The LXX. have here οἱ πατέρες, and the Vulgate priores. That the law here given was uttered whilst Israel was yet outside of Canaan, is evident from what follows in this verse.
15One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.
De 19:15. Two Witnesses Required.
15. One witness shall not rise up against a man for any iniquity--The following rules to regulate the admission of testimony in public courts are founded on the principles of natural justice. A single witness shall not be admitted to the condemnation of an accused person.
To secure against injury to life or property through inadequate or false attestation, it is enacted that more than one witness must appear before anything can be established; and that, should a witness be found on trial to have testified falsely against his neighbor, he was to be punished by having done to him what he thought to have done to his neighbor (cf. Deu_17:6; Num_35:30).
The rule in Deu_17:6, regarding accusations of idolatry, is here extended to accusations of every kind before a court of justice; a single witness was not to be admitted as sufficient to convict a man of any offence, either civil or criminal.
16If a false witness rise up against any man to testify against him that which is wrong;
De 19:16-21. Punishment of a False Witness.
16-21. But if convicted of perjury, it will be sufficient for his own condemnation, and his punishment shall be exactly the same as would have overtaken the object of his malignant prosecution. (See on Ex 21:23; see also Le 24:20).
To testify against him that which is wrong; literally, to testify against him defection, i.e. from the Law of God. The speaker has apparently in view here all such defections from the Law as would entail punishment on the convicted offender. In Deu_13:5 [6], indeed, the crime described here as "that which is wrong" (margin, "falling away") is specially the crime of apostasy to idolatry; but the word (סָרָה), though usually expressing apostasy from Jehovah, has properly the general sense of a deflection from a prescribed course (from סוּר, to go off, to go aside), and so may describe any departure from what is constituted right.
17Then both the men, between whom the controversy is, shall stand before the LORD, before the priests and the judges, which shall be in those days;
Both the men, i.e. both parties at the bar, shall stand before the Lord; i.e. shall come to the sanctuary where Jehovah had his dwelling-place in the midst of his people, and where the supreme judges, who were his delegates and representatives, held their court (Deu_17:9).
18And the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother;
19Then shall ye do unto him, as he had thought to have done unto his brother: so shalt thou put the evil away from among you.
Thought. The verb here used (זָמַם) means generally to meditate, to have in mind, to purpose; but it frequently has the subaudition of meditating evil (cf. Psa_31:1-24 :37; Psa_37:12; Pro_30:32, etc.).
(Cf. Deu_13:12.)
20And those which remain shall hear, and fear, and shall henceforth commit no more any such evil among you.
21And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot.
The lex talionis was in this case to be observed (cf. Exo_21:23; Le 24:20). Practically, however, a pecuniary compensation might be accepted for the offence (cf. Josephus, 'Antiq.,' 4.8, 35).
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