Deuteronomy 19:13

Thine eye shall not pity him,.... This is not said to the avenger of blood, who is not to be supposed to have any pity or compassion on such a person, but to the elders, judges, and civil magistrates

That innocent blood be not shed in thy land, which the LORD thy God giveth thee for an inheritance, and so blood be upon thee. No JFB commentary on these verses.

Deuteronomy 19:1-13. THE CITIES OF REFUGE.(See for more on this subject, Numbers 35:9, &c.; Joshua 20) (1) When the Lord thy God hath cut off the nations.—We find that the three cities of refuge on the west of Jordan were appointed by Joshua after the conquest (Joshua 20). The first three on the east of Jordan, namely, Bezer, Ramoth-Gilead, and Golan, had already been selected by Moses (Deuteronomy 4:41, &c), but Joshua assigned them to their Levitical possessors. (3) Thou shalt prepare thee a way.—Upon this phrase Rashi remarks (from the Talmud) that “Miklot! Miklot (‘Refuge! Refuge!’) was written up at the parting of the ways.” Divide the coasts of thy land . . . into three parts.—So that no part of the country might be too far from any of the cities of refuge. (5) As when a man goeth into the wood.—An obvious instance. (6) The avenger of the blood.—Literally, the redeemer of the blood. The Hebrew, gooël stands for all the three words, “redeemer,” “avenger,” “kinsman.” (8, 9) if the Lord thy God enlarge thy coast . . . thou shalt add three cities—i.e., thou shalt add three to the six, making nine in all. There is no trace of this ever having been done in the history of Israel. The comments of Jewish writers show that nothing is known of the fact in their literature. Some of them point out that only seven nations were assigned to thehost of Joshua, and that the land occupied by these seven could not have needed more than the six cities. They lay stress upon the words “If He give thee all the land which He promised to give thy fathers” (not merely the seven nations promised to thee). They refer to the Kenites and the Kenizzites and the Kadmonites in particular, as three nations promised to Abraham. It would have been more to the purpose if they had referred to the Hittites. The cities of this people, as recently discovered, from Kedesh on the Orontes to Carchemish, lie to the north of the known territory of Israel. If “all the laud of the Hittites” (Joshua 1:4) had been conquered, the three additional cities might have been required. But though this land seems to have been tributary to Solomon, it was not so occupied by Israel as to necessitate the appointment of three additional cities of refuge. And Solomon’s empire lasted only for his own reign. But without going back to these details, they also take the promise as prophetical; holding that when the Lord has “circumcised their heart” (Deuteronomy 30:6), “to love the Lord,” and given them “one heart and one way to fear Him for ever, and shall make an everlasting covenant with them, and put His fear in their hearts ( Jeremiah 32:39-40) that they shall not depart from Him,” then the promises will be fulfilled. All the land will be given to them, and they will need these other cities. One writer adds, “Blessed is he that waiteth, and shall attain to it,” from Daniel 12:12.

13. Only by such action on the part of the local authorities and the kinsmen of the murdered man can the guilt of the crime be removed from the whole nation. To this extent the ancient custom of the vendetta is recognised as part of the theocratic system. thou shalt put away] See on Deuteronomy 13:5 (6). that it may go well with thee] Another recurrent phrase; Deuteronomy 4:40, Deuteronomy 5:16; Deuteronomy 5:29, etc. Additional Note: The Vendetta, ‘the one element of jurisprudence in the wild life of the desert,’ springs from, the simple principle of blood for blood, still valid in the law of Israel, Genesis 9:6. Its moral effects are twofold and contrary. On the one hand it is a restraint upon manslaughter, the possibilities of vengeance which it lets loose engendering reluctance to take life except in self-defence. On the other, when once a man has been slain, there is no chance of a fair trial for the slayer; though his deed may have been an accident he may have to atone for it with his life; while the excitement of whole families and tribes to avenge it is a fertile source of disorder and of war, which may last and has lasted for a century. The duty of the vendetta extends sometimes to the third sometimes to the fifth degree of kinship, but among the Sinai Arabs to the sixth from the grandfather down (Jennings Bramley, PEFQ 1907, 135). Hence even in the wildest parts of Arabia there arose the right of sanctuary in any tent from which it was claimed, and the respite was used for the investigation of the case, and even in cases of wilful murder for the arrangement of some compromise—financial or otherwise—between the slayer and the kinsmen of the slain. In these negotiations the tribal authorities would often intervene. But even this has been found insufficient to secure order and justice, and wherever a central authority has been established among the Arabs one of its first efforts has been to control and regulate, or even to abolish, the vendetta. For modern examples—the Wahabees, Mohammed ‘Ali, the Russians in the Caucasus and the Sublime Porte—see Von Oppenheim, Vom Mittelmeer zum Pers. Golf. Similarly in Israel. The earlier law (as we have seen) gave sanctuary at every altar of Jehovah. When only the One Altar remained the opportunity came to modify the whole consuetudinary law; the vendetta was not abolished but controlled by the rights of sanctuary in certain accessible cities and by the interference of the local authorities. These provisions, apparently first made by D and elaborated in P, secured a fair trial and the acquittal of the innocent slayer; but they do not allow any such compromise, financial or otherwise, as frequently takes place among the Arabs between the wilful murderer and the kinsmen of his victim. In Israel the wilful murderer must die.

IN TO CITIES OF REFUGE, Deuteronomy 19:1-13.Comp. Exodus 21:13, and Numbers 35:9-34; Deuteronomy 4:41. Six cities were to be designated. Moses had already named the three east of the Jordan. Deuteronomy 4:41-43.