Numbers 35:30

      9 And the LORD spake unto Moses, saying,   10 Speak unto the children of Israel, and say unto them, When ye be come over Jordan into the land of Canaan;   11 Then ye shall appoint you cities to be cities of refuge for you; that the slayer may flee thither, which killeth any person at unawares.   12 And they shall be unto you cities for refuge from the avenger; that the manslayer die not, until he stand before the congregation in judgment.   13 And of these cities which ye shall give six cities shall ye have for refuge.   14 Ye shall give three cities on this side Jordan, and three cities shall ye give in the land of Canaan, which shall be cities of refuge.   15 These six cities shall be a refuge, both for the children of Israel, and for the stranger, and for the sojourner among them: that every one that killeth any person unawares may flee thither.   16 And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death.   17 And if he smite him with throwing a stone, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death.   18 Or if he smite him with an hand weapon of wood, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death.   19 The revenger of blood himself shall slay the murderer: when he meeteth him, he shall slay him.   20 But if he thrust him of hatred, or hurl at him by laying of wait, that he die;   21 Or in enmity smite him with his hand, that he die: he that smote him shall surely be put to death; for he is a murderer: the revenger of blood shall slay the murderer, when he meeteth him.   22 But if he thrust him suddenly without enmity, or have cast upon him any thing without laying of wait,   23 Or with any stone, wherewith a man may die, seeing him not, and cast it upon him, that he die, and was not his enemy, neither sought his harm:   24 Then the congregation shall judge between the slayer and the revenger of blood according to these judgments:   25 And the congregation shall deliver the slayer out of the hand of the revenger of blood, and the congregation shall restore him to the city of his refuge, whither he was fled: and he shall abide in it unto the death of the high priest, which was anointed with the holy oil.   26 But if the slayer shall at any time come without the border of the city of his refuge, whither he was fled;   27 And the revenger of blood find him without the borders of the city of his refuge, and the revenger of blood kill the slayer; he shall not be guilty of blood:   28 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 into the land of his possession.   29 So these things shall be for a statute of judgment unto you throughout your generations in all your dwellings.   30 Whoso killeth any person, the murderer shall be put to death by the mouth of witnesses: but one witness shall not testify against any person to cause him to die.   31 Moreover ye shall take no satisfaction for the life of a murderer, which is guilty of death: but he shall be surely put to death.   32 And ye shall take no satisfaction for him that is fled to the city of his refuge, that he should come again to dwell in the land, until the death of the priest.   33 So ye shall not pollute the land wherein ye are: for blood it defileth the land: and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it.   34 Defile not therefore the land which ye shall inhabit, wherein I dwell: for I the LORD dwell among the children of Israel.

      We have here the orders given concerning the cities of refuge, fitly annexed to what goes before, because they were all Levites' cities. In this part of the constitution there is a great deal both of good law and pure gospel.

      I. Here is a great deal of good law, in the case of murder and manslaughter, a case of which the laws of all nations have taken particular cognizance. It is here enacted and provided, consonant to natural equity,

      1. That wilful murder should be punished with death, and in that case no sanctuary should be allowed, no ransom taken, nor any commutation of the punishment accepted: The murderer shall surely be put to death, v. 16. It is supposed to be done of hatred (v. 20), or in enmity (v. 21), upon a sudden provocation (for our Saviour makes rash anger, as well as malice prepense, to be murder, Matt. v. 21, 22), whether the person be murdered with an instrument of iron (v. 16) or wood (v. 18), or with a stone thrown at him (v. 17, 20); nay, if he smite him with his hand in enmity, and death ensue, it is murder (v. 21); and it was an ancient law, consonant to the law of nature, that whoso sheds man's blood, by man shall his blood be shed, Gen. ix. 6. Where wrong has been done restitution must be made; and, since the murderer cannot restore the life he has wrongfully taken away, his own must be exacted from him in lieu of it, not (as some have fancied) to satisfy the manes or ghost of the person slain, but to satisfy the law and the justice of a nation; and to be a warning to all others not to do likewise. It is here said, and it is well worthy the consideration of all princes and states, that blood defiles not only the conscience of the murderer, who is thereby proved not to have eternal life abiding in him (1 John iii. 15), but also the land in which it is shed; so very offensive is it to God and all good men, and the worst of nuisances. And it is added that the land cannot be cleansed from the blood of the murdered, but by the blood of the murderer, v. 33. If murderers escape punishment from men, those that suffer them to escape will have a great deal to answer for, and God will nevertheless not suffer them to escape his righteous judgments. Upon the same principle it is provided that no satisfaction should be taken for the life of a murderer (v. 31): If a man would give all the substance of his house to the judges, to the country, or to the avenger of blood, to atone for his crime, it must utterly be contemned. The redemption of the life is so precious that it cannot be obtained by the multitude of riches (Ps. xlix. 6-8), which perhaps may allude to this law. A rule of law comes in here (which is a rule of our law in cases of treason only) that no man shall be put to death upon the testimony of one witness, but it was necessary there should be two (v. 30); this law is settled in all capital cases, Deut. xvii. 6; xix. 15. And, lastly, not only the prosecution, but the execution, of the murderer, is committed to the next of kin, who, as he was to be the redeemer of his kinsman's estate if it were mortgaged, so he was to be the avenger of his blood if he were murdered (v. 19): The avenger of blood himself shall slay the murderer, if he be convicted by the notorious evidence of the fact, and he needed not to have recourse by a judicial process to the court of judgment. But if it were uncertain who the murderer was, and the proof doubtful, we cannot think that his bare suspicion, or surmise, would empower him to do that which the judges themselves could not do but upon the testimony of two witnesses. Only if the fact were plain then the next heir of the person slain might himself, in a just indignation, slay the murderer wherever he met him. Some think this must be understood to be after the lawful judgment of the magistrate, and so the Chaldee says, "He shall slay him, when he shall be condemned unto him by judgment;" but it should seem, by v. 24, that the judges interposed only in a doubtful case, and that if the person on whom he took vengeance was indeed the murderer, and a wilful murderer, the avenger was innocent (v. 27), only, if it proved otherwise, it was at his peril. Our law allows an appeal to be brought against a murderer by the widow, or next heir, of the person murdered, yea, though the murderer have been acquitted upon an indictment; and, if the murderer be found guilty upon that appeal, execution shall be awarded at the suit of the appellant, who may properly be called the avenger of blood.

      2. But if the homicide was not voluntary, nor done designedly, if it was without enmity, or lying in wait (v. 22), not seeing the person or not seeking his harm (v. 23), which our law calls chance-medley, or homicide per infortunium--through misfortune, in this case there were cities of refuge appointed for the manslayer to flee to. By our law this incurs a forfeiture of goods, but a pardon is granted of course upon the special matter found. Concerning the cities of refuge the law was, (1.) That, if a man killed another, in these cities he was safe, and under the protection of the law, till he had his trial before the congregation, that is, before the judges in open court. If he neglected thus to surrender himself, it was at his peril; if the avenger of blood met him elsewhere, or overtook him loitering in his way to the city of refuge, and slew him, his blood was upon his own head, because he did not make use of the security which God had provided for him. (2.) If, upon trial, it were found to be willful murder, the city of refuge should no longer be a protection to him; it was already determined: Thou shalt take him from my altar, that he may die, Exod. xxi. 14. (3.) But if it were found to be by error or accident, and that the stroke was given without any design upon the life of the person slain or any other, then the man-slayer should continue safe in the city of refuge, and the avenger of blood might not meddle with him, v. 25. There he was to remain in banishment from his own house and patrimony till the death of the high priest; and, if at any time he went out of that city or the suburbs of it, he put himself out of the protection of the law, and the avenger of blood, if he met him, might slay him, v. 26-28. Now, [1.] By the preservation of the life of the man-slayer God would teach us that men ought not to suffer for that which is rather their unhappiness than their crime, rather the act of Providence than their own act, for God delivered him into his hand, Exod. xxi. 13. [2.] By the banishment of the man-slayer from his own city, and his confinement to the city of refuge, where he was in a manner a prisoner, God would teach us to conceive a dread and horror of the guilt of blood, and to be very careful of life, and always afraid lest by oversight or negligence we occasion the death of any. [3.] By the limiting of the time of the offender's banishment to the death of the high priest, an honour was put upon that sacred office. The high priest was to be looked upon as so great a blessing to his country that when he died their sorrow upon that occasion should swallow up all other resentments. The cities of refuge being all of them Levites' cities, and the high priest being the head of that tribe, and consequently having a peculiar dominion over these cites, those that were confined to them might properly be looked upon as his prisoners, and so his death must be their discharge; it was, as it were, at his suit that the delinquent was imprisoned, and therefore at his death it fell. Actio moritur cum persona--The suit expires with the party. Anisworth has another notion of it, That as the high priests, while they lived, by their service and sacrificing made atonement for sin, wherein they prefigured Christ's satisfaction, so, at their death, those were released that had been exiled for casual murder, which typified redemption in Israel. [4.] By the abandoning of the prisoner to the avenger of blood, in case he at any time went out of the limits of the city of refuge, they were taught to adhere to the methods which Infinite Wisdom prescribed for their security. It was for the honour of a remedial law that it should be so strictly observed. How can we expect to be saved if we neglect the salvation, which is indeed a great salvation!

      II. Here is a great deal of good gospel couched under the type and figure of the cities of refuge; and to them the apostle seems to allude when he speaks of our fleeing for refuge to the hope set before is (Heb. vi. 18), and being found in Christ, Phil. iii. 9. We never read in the history of the Old Testament of any use made of these cities of refuge, any more than of other such institutions, which yet, no doubt, were made use of upon the occasions intended; only we read of those that, in dangerous cases, took hold of the horns of the altar (1 Kings i. 50; ii. 28); for the altar, wherever that stood, was, as it were the capital city of refuge. But the law concerning these cities was designed both to raise and to encourage the expectations of those who looked for redemption in Israel, which should be to those who were convinced of sin, and in terror by reason of it, as the cities of refuge were to the man-slayer. Observe, 1. There were several cities of refuge, and they were so appointed in several parts of the country that the man-slayer, wherever he dwelt in the land of Israel, might in half a day reach one or other of them; so, though there is but one Christ appointed for our refuge, yet, wherever we are, he is a refuge at hand, a very present help, for the word is nigh us and Christ in the word. 2. The man-slayer was safe in any of these cities; so in Christ believers that flee to him, and rest in him, are protected from the wrath of God and the curse of the law. There is no condemnation to those that are in Christ Jesus, Rom. viii. 1. Who shall condemn those that are thus sheltered? 3. They were all Levites' cities; it was a kindness to the poor prisoner that though he might not go up to the place where the ark was, yet he was in the midst of Levites, who would teach him the good knowledge of the Lord, and instruct him how to improve the providence he was now under. It might also be expected that the Levites would comfort and encourage him, and bid him welcome; so it is the work of gospel ministers to bid poor sinners welcome to Christ, and to assist and counsel those that through grace are in him. 4. Even strangers and sojourners, though they were not native Israelites, might take the benefit of these cities of refuge, v. 15. So in Christ Jesus no difference in made between Greek and Jew; even the sons of the stranger that by faith flee to Christ shall be safe in him. 5. Even the suburbs or borders of the city were a sufficient security to the offender, v. 26, 27. So there is virtue even in the hem of Christ's garment for the healing and saving of poor sinners. If we cannot reach to a full assurance, we may comfort ourselves in a good hope through grace. 6. The protection which the man-slayer found in the city of refuge was not owing to the strength of its walls, or gates, or bars, but purely to the divine appointment; so it is the word of the gospel that gives souls safety in Christ, for him hath God the Father sealed. 7. If the offender was ever caught struggling out of the borders of his city of refuge, or stealing home to his house again, he lost the benefit of his protection, and lay exposed to the avenger of blood; so those that are in Christ must abide in Christ, for it is at their peril if they forsake him and wander from him. Drawing back is to perdition.

Deuteronomy 9:15

      7 Remember, and forget not, how thou provokedst the LORD thy God to wrath in the wilderness: from the day that thou didst depart out of the land of Egypt, until ye came unto this place, ye have been rebellious against the LORD.   8 Also in Horeb ye provoked the LORD to wrath, so that the LORD was angry with you to have destroyed you.   9 When I was gone up into the mount to receive the tables of stone, even the tables of the covenant which the LORD made with you, then I abode in the mount forty days and forty nights, I neither did eat bread nor drink water:   10 And the LORD delivered unto me two tables of stone written with the finger of God; and on them was written according to all the words, which the LORD spake with you in the mount out of the midst of the fire in the day of the assembly.   11 And it came to pass at the end of forty days and forty nights, that the LORD gave me the two tables of stone, even the tables of the covenant.   12 And the LORD said unto me, Arise, get thee down quickly from hence; for thy people which thou hast brought forth out of Egypt have corrupted themselves; they are quickly turned aside out of the way which I commanded them; they have made them a molten image.   13 Furthermore the LORD spake unto me, saying, I have seen this people, and, behold, it is a stiffnecked people:   14 Let me alone, that I may destroy them, and blot out their name from under heaven: and I will make of thee a nation mightier and greater than they.   15 So I turned and came down from the mount, and the mount burned with fire: and the two tables of the covenant were in my two hands.   16 And I looked, and, behold, ye had sinned against the LORD your God, and had made you a molten calf: ye had turned aside quickly out of the way which the LORD had commanded you.   17 And I took the two tables, and cast them out of my two hands, and brake them before your eyes.   18 And I fell down before the LORD, as at the first, forty days and forty nights: I did neither eat bread, nor drink water, because of all your sins which ye sinned, in doing wickedly in the sight of the LORD, to provoke him to anger.   19 For I was afraid of the anger and hot displeasure, wherewith the LORD was wroth against you to destroy you. But the LORD hearkened unto me at that time also.   20 And the LORD was very angry with Aaron to have destroyed him: and I prayed for Aaron also the same time.   21 And I took your sin, the calf which ye had made, and burnt it with fire, and stamped it, and ground it very small, even until it was as small as dust: and I cast the dust thereof into the brook that descended out of the mount.   22 And at Taberah, and at Massah, and at Kibroth-hattaavah, ye provoked the LORD to wrath.   23 Likewise when the LORD sent you from Kadesh-barnea, saying, Go up and possess the land which I have given you; then ye rebelled against the commandment of the LORD your God, and ye believed him not, nor hearkened to his voice.   24 Ye have been rebellious against the LORD from the day that I knew you.   25 Thus I fell down before the LORD forty days and forty nights, as I fell down at the first; because the LORD had said he would destroy you.   26 I prayed therefore unto the LORD, and said, O Lord GOD, destroy not thy people and thine inheritance, which thou hast redeemed through thy greatness, which thou hast brought forth out of Egypt with a mighty hand.   27 Remember thy servants, Abraham, Isaac, and Jacob; look not unto the stubbornness of this people, nor to their wickedness, nor to their sin:   28 Lest the land whence thou broughtest us out say, Because the LORD was not able to bring them into the land which he promised them, and because he hated them, he hath brought them out to slay them in the wilderness.   29 Yet they are thy people and thine inheritance, which thou broughtest out by thy mighty power and by thy stretched out arm.

      That they might have no pretence to think that God brought them to Canaan for their righteousness, Moses here shows them what a miracle of mercy it was that they had not long ere this been destroyed in the wilderness: "Remember, and forget not, how thou provokedst the Lord thy God (v. 7); so far from purchasing his favour, thou hast many a time laid thyself open to his displeasure." Their fathers' provocations are here charged upon them; for, if God had dealt with their fathers according to their deserts, this generation would never have been, much less would they have entered Canaan. We are apt to forget our provocations, especially when the smart of the rod is over, and have need to be often put in mind of them, that we may never entertain any conceit of our own righteousness. Paul argues from the guilt which all mankind is under to prove that we cannot be justified before God by our own works, Rom. iii. 19, 20. If our works condemn us, they will not justify us. Observe, 1. They had been a provoking people ever since they came out of Egypt, v. 7. Forty years long, from first to last, were God and Moses grieved with them. It is a very sad character Moses now at parting leaves of them: You have been rebellious since the day I knew you, v. 24. No sooner were they formed into a people than there was a faction formed among them, which upon all occasions made head against God and his government. Though the Mosaic history records little more than the occurrences of the first and last year of the forty, yet it seems by this general account that the rest of the years were not much better, but one continued provocation. 2. Even in Horeb they made a calf and worshipped it, v. 8, &c. That was a sin so heinous, and by several aggravations made so exceedingly sinful, that they deserved upon all occasions to be upbraided with it. It was done in the very place where the law was given by which they were expressly forbidden to worship God by images, and while the mountain was yet burning before their eyes, and Moses had gone up to fetch them the law in writing. They turned aside quickly, v. 16. 3. God was very angry with them for their sin. Let them not think that God overlooked what they did amiss, and gave them Canaan for what was good among them. No, God had determined to destroy them (v. 8), could easily have done it, and would have been no loser by it; he even desired Moses to let him alone that he might do it, v. 13, 14. By this it appeared how heinous their sin was, for God is never angry with any above what there is cause for, as men often are. Moses himself, though a friend and favourite, trembled at the revelation of God's wrath from heaven against their ungodliness and unrighteousness (v. 19): I was afraid of the anger of the Lord, afraid perhaps not for them only, but for himself, Ps. cxix. 120. 4. They had by their sin broken covenant with God, and forfeited all the privileges of the covenant, which Moses signified to them by breaking the tables, v. 17. A bill of divorce was given them, and thenceforward they might justly have been abandoned for ever, so that their mouth was certainly stopped from pleading any righteousness of their own. God had, in effect, disowned them, when he said to Moses (v. 12), "They are thy people, they are none of mine, nor shall they be dealt with as mine." 5. Aaron himself fell under God's displeasure for it, though he was the saint of the Lord, and was only brought by surprise or terror to be confederate with them in the sin: The Lord was very angry with Aaron, v. 20. No man's place or character can shelter him from the wrath of God if he have fellowship with the unfruitful works of darkness. Aaron, that should have made atonement for them if the iniquity could have been purged away by sacrifice and offering, did himself fall under the wrath of God: so little did they consider what they did when they drew him in. 6. It was with great difficulty and very long attendance that Moses himself prevailed to turn away the wrath of God, and prevent their utter ruin. He fasted and prayed full forty days and forty nights before he could obtain their pardon, v. 18. And some think twice forty days (v. 25), because it is said, as I fell down before, whereas his errand in the first forty was not of that nature. Others think it was but one forty, though twice mentioned (as also in ch. x. 10); but this was enough to make them sensible how great God's displeasure was against them, and what a narrow escape they had for their lives. And in this appears the greatness of God's anger against all mankind that no less a person than his Son, and no less a price than his own blood, would serve to turn it away. Moses here tells them the substance of his intercession for them. He was obliged to own their stubbornness, and their wickedness, and their sin, v. 27. Their character was bad indeed when he that appeared an advocate for them could not give them a good word, and had nothing else to say in their behalf but that God had done great things for them, which really did but aggravate their crime (v. 26),--that they were the posterity of good ancestors (v. 27), which might also have been turned upon him, as making the matter worse and not better,--and that the Egyptians would reproach God, if he should destroy them, as unable to perfect what he had wrought for them (v. 28), a plea which might easily enough have been answered: no matter what the Egyptians say, while the heavens declare God's righteousness; so that the saving of them from ruin at that time was owing purely to the mercy of God, and the importunity of Moses, and not to any merit of theirs, that could be offered so much as in mitigation of their offence. 7. To affect them the more with the destruction they were then at the brink of, he describes very particularly the destruction of the calf they had made, v. 21. He calls it their sin: perhaps not only because it had been the matter of their sin, but because the destroying of it was intended for a testimony against their sin, and an indication to them what the sinners themselves did deserve. Those that made it were like unto it, and would have had no wrong done them if they had been thus stamped to dust, and consumed, and scattered, and no remains of them left. It was infinite mercy that accepted the destruction of the idol instead of the destruction of the idolaters. 8. Even after this fair escape that they had, in many other instances they provoked the Lord again and again. He needed only to name the places, for they carried the memorials either of the sin or of the punishment in their names (v. 22): at Taberah, burning, where God set fire to them for their murmuring,--at Massah, the temptation, where they challenged almighty power to help them,--and at Kibroth-hattaavah, the graves of lusters, where the dainties they coveted were their poison; and, after these, their unbelief and distrust at Kadesh-barnea, of which he had already told them (ch. i.), and which he here mentions again (v. 23), would certainly have completed their ruin if they had been dealt with according to their own merits.

      Now let them lay all this together, and it will appear that whatever favour God should hereafter show them, in subduing their enemies and putting them in possession of the land of Canaan, it was not for their righteousness. It is good for us often to remember against ourselves, with sorrow and shame, our former sins, and to review the records conscience keeps of them, that we may see how much we are indebted to free grace, and may humbly own that we never merited at God's hand any thing but wrath and the curse.

Copyright information for MHC