Deuteronomy 19

.H.AVING sufficiently pressed upon the people the great commandment, of loving God with all the heart, and soul, and strength, and him alone, Moses now proceeds to remember them of other precepts belonging to the second table (as we now speak), but not in an exact method, nor without interspersing some ceremonial matters. And he begins with what concerns that commandment, Tlwu shalt not kill.‘Ver. 1. WIIEN the Lord thy God hath cut off the nations, whose land the Lord thy God giveth thee, &c] The very same words we had before upon another occasion* xii. 29. which are now used to signify, that they were not bound to what follows, till God had subdued the land of Canaan for them, and they were settled in it; as the last words of the verse import, dwellest in their cities, and. in their houses. Accordingly, after the division of the land, God puts Joshua in mind of this business, (Josh, xx« 1, 2, &c.) derstand it, that they were to be placed at an equal distance, in three several parts of the country, that all might have the same benefit by them; and nobody have a longer journey to go than his neighbour for his safety. That every slayer may flee thither.’] Have the convenience of preserving himself in one or other of them. It is observable, that there were as many of these cities in the two tribes and a half, as there were in all the other nine tribes and a’ half; in which there seems to be a great inequality. I have given some account of it upon Numb. Xxxv. 14. And the Hebrews fancy there was another reason for it, because of the frequent murders which were likely to be committed by the fierce nature of the Gileadites. (See the book of Judges, chap. x. and xi. and Hosea vi. 8.) Vcr. 4. And this is the case of the slayer which shall flee thither, that he may live.] Be preserved from the avenger of blood, who otherwise might kill him; Whoso killeth his neighbour ignorantly, whom he hated not in time past.’] These cities were not to be a protection to a wilful murderer, but to ah innocent person, who, against his intention, was so unhappy as to kill a man, belidaath (as the words are in the Hebrew), without his knowledge, being free, that is, from any design to do him the least harm. But as for such as, out of hatred and malice in their hearts, killed another, they were so far from finding safety in these cities, that they were to be pulled from the altar, if they fled thither for sanctuary, as w r e now speak, (Exod:xxi. 12. 14.) Or, if they would not stir from thence, they might be killed there, as appears by tho case of, Joab, 1 Kings ii. Ver." 5. As when a man goeth into the wood with his neighbour to hew wood, and his handfelcheth 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.] By this all other like cases were to be judged: that is, when a man was about a lawful business, if any thing happened which he intended not, he was not accountable for it. (Sec Selden, lib. iv. dc Jure Nat. et Gent cap. 2.) He shall flee unto one of those cities, and live.] He might get to which of them he could most conveniently, and there be preserved. The Jews, from this word live, conclude, without any other ground for it, that a master was bound to go along with his scholar who fled thither; because, without the doctrine of the law, men did not live, but were dead., mined; otherwise, if the case was known to be like that in ver. 5. they did not make this demand. And deliver him into the hand of the avenger of blood, that he may die.] That is, if they found him guilty of.wilful murder; otherwise, they were to deliver him out of the hand of the avenger of blood, and restore him to the city of refuge, that he might not die, (Numb. xxxv. 25.)

Deuteronomy 19:2

Thou shalt separate three cities from thee. According to au order God had given to Moses, Numb.xxxv. 14, 15. to set aside six cities in all, for the use here mentioned; three on this side Jordan, where they now were, and three on the other side in the land of Canaan. The former part of which command Moses himself had exe-. cuted, (Deut. iv. 42, &c.) and now gives them a charge to perform the other. In the midst of thy land, ivhich the Lord thy God giveth thee to possess it.] In the midst of their land, signifies no more but within their land: for if they had been all three in the very heart of the country, it would have crossed the end and intention of them, which was, that they should bo placed so conveniently in several parts of the country, that men might easily and speedily flee to them. And therefore the midst of the land may be opposed to the skirts of the country, where they wonld have been too far distant from some parts of it; or may denote, that they should be set in an eminent place, upon the top of mountains, where they might be seen afar off. And so they all three were, it is apparent from Josh. xx. 7. where they arc said to be in Mount Naphtali, Mount Ephraim, and the mountain of Judah.

Deuteronomy 19:3

And thou shalt prepare thee a way.". Make a plain road to them, and keep it in good repair, that, both in winter and summer, the manslayer might without difficulty flee thither. And for his more safe passage, the Hebrews say, where there were any turnings, or two ways parted, they were bound to setup a post, or stone, whereon was engraven, in great letters, the word MIKLAT, i. e. refuge, that he might not mistake his way to the place. And divide the coast of thy haul (ivhich the Lord thy God giveth thee to inherit J, into three parts.] The Jews un- 5A

Deuteronomy 19:6

Lest the avenger of blood pursue the slayer, while his heart is hot. With anger, which might boil up to such a degree, as to move him to kill the slayer, before he had examined whether there was a just cause. It is evident that this verse is to be connected with verse the third (the two next, ver. 4, 5. coming in as a parenthesis, to shew who should be preserved in these cities, and who not), being a reason why the cities of refuge should be placed at an equal.distance in the several parts’ of the country, that the journey might not be too long to any of them, but a man might soon flee thither, before the avenger of blood could lay hold of him. Because the way is long, and slay him.] If he could not have gotten thither in a short time, he might have been in danger to lose his life, though not worthy of death. For, as the law did not punish him that killed a manslayer, w r hen he found him out of the bounds of the city of refuge, (Numb. xxxv. 27.) so it seems to have indemnified him, if he killed him before ho got thither. Whereas he toas not worthy of death, inasmuch as he hated him not in time past.] Which, in his rage, the avenger of blood did not consider; and therefore was guilty before God of shedding innocent blood, though the law did not punish him for it. -

Deuteronomy 19:7

Wherefore I command thee, saijing, Thoushalt separate three cities for thee. To prevent which mischief, God commanded, not merely one, but three cities, and those in several places of the country; where men might find safety, if they made haste to flee to them.

Deuteronomy 19:8

And if the Lord thy God enlarge thy coast (as he hath sworn unto thy fathers), and give thee all the land which lie promised to give unto thy fathers. As far as unto the river Euphrates, (Gen. xv. 18. Exod* xxiii. 31. Deut. i. 7.) Vcr. 9. If thou shall 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.].This seems to have been the condition, upon the performance of which depended the enlargement of their border. Which is more fully expressed, xi. 22—24. And so the covenant made with Abraham (in Gen. xv. 18.) is to be understood, as including in it this condition. Thou shall then add three cities more for thee besides these three.] We do not read of any more added to these, though their border was enlarged in David’s and Solomon’s time; and that as far as Euphrates. But those nations which they subdued, were only made tributaries to the kings of Israel, who did not people and possess those countries; and consequently there was no occasion for such cities there; unless the Israelites had been the inhabitants of those countries, as they were of the land of Canaan, (ver. 1.)

Deuteronomy 19:10

That innocerit blood be not shed in thy land, which the Lord thy God giveth thee. As there would, if, upon supposition of such an enlargement of their borders, there had been no cities nearer to flee unto than these six; Which were sufficient only for the land of Canaan, and the land they possessed on this side Jordan, where they now were. And so blood be upon thee.] The guilt and punishment of blood, in not taking care of the safety of innocent persons.

Deuteronomy 19:11

But if any man hate his brother, and lie in wait for him, and rise up against him, and smite him mortally that he die, andfleeth into one of these cities. When there was a manifest design of killing another, and known hatred, Iiq that committed the murder was to receive no benefit by his fleeing to a city of refuge. And then a man was judged to hate his brother, when for three days together he had never spoken to him, though they had kept one another company; “as I observed before out of Mr. Selden, (lib. iv. dc Jure Nat. et Gent. cap. 2. p. 473.)

Deuteronomy 19:12

TJten the elders of his city shall send and fetch him thence. Demand him of the elders of the city to which he fled; that he might.be sent to them, and tried by them, whether he Was guilty of wilful murder, or ought to have the benefit of thtir protection, being innocent of that crime. (Numb. xxxv. 12. 24.) It is likely there were probable reasons given why he was suspected to be guilty of murder; and therefore they desired the matter might be cxa-

Deuteronomy 19:13

TJdne eye shall not pity him. Nor take any satisfaction for the life of a murderer, as the law is, Numb. xxxv. 31. But thou shall put away the guilt of innocent blood from Israel.] By putting him to death. That it may go well with thee.] By having no guilt upon them; as they had when they let this crime gp unpunished.

Deuteronomy 19:14

TJiou shaft not remove thy neighbour’s landmark, tvhich they of old time have set in thine inheritance, &c. The Jewish doctors think that this hath respect to the holy land (as they call it), and to the terms or bounds which were set by Joshua in the division of the country, which no man might take away; for that made him both guilty of theft, and also of the breach of this precept; and consequently he incurred a double punishment, and was whipped twice as much as another offender. (See Selden, lib. vi. de Jure Nat. et Gent. cap. 3. in the latter end.) This was a law among the Greeks, as appears by Plato, lib. viii. de Legibus, Mrj kiviltu) y^g iipia firjSiig, &C. voutaag ret aichnrra Kivtiv aXriSwg tovto tlvat, &c, Let no man presume to remove the bounds of land; looking upon this, as being truly toremove things immoveable, i. e. to unsettle and overturn all things: Numa Pompilius therefore made this crime capital. Which makes Josephus’s explication of these words seem more reasonable than that of the Talmudists, who extend this precept to the grounds of all their neighbour nations who were at peace with them: wq TroXeuwv IvrzvSiv oravuov jEvoutvwv, as being the occasion of wars and insurrections, which arise from the covetousness of men, who would thus enlarge their territories, (lib. iv. Arehaeol.eap. 8.) Which maybe thought a reason why Moses joins this to the foregoing precept, about punishing murder; and made this.one of the curses they were bound to pronounce, and consent to it, at their entrance into the land of Canaan, (Deut. xxvii. 17.) Which they of old time have set in thine inheritance which thou shall inherit, in the land which the Lord thy God giveth thee to possess it J] This may seem to determine this precept peculiarly to the preserving the bounds in the land of Canaan; and by those of old time they understand Joshua and tho elders, who divided the land, and fixed ey^ry one his lot. But it was as necessary to be observed in all other countries, as that which was their proper inheritance. For, as Josephus truly observes, “they that remove the bounds of lands, are not very far from subverting all laws.”

Deuteronomy 19:15

One witness shall not rise up. They that gave their testimony in any cause always stood up. Against a man for any iniquity, or for any sin.] A single witness was not to be admitted, as sufficient to convict a man of any offence whatsoever, whether in civil or in criminal matters. For an inquisition into the fact one was enough; but not for the condemnation of him that was accused. Yet in pecuniary matters, one witness was sufficient to bring a man to purge himself by an oath, (xvii. 6.) At the mouth of two witnesses,.or at the mouth of three witnesses, shall the matter be established.] The accusation shall stand, or fall to. the ground.’

Deuteronomy 19:16

If a false witness rise tip against qny man, to testify against him that which is wrong. In any matter, whether against God, or against man. For though one witness could not condemn another; yet, if it were proved he was a false. witness, it was sufficient to condemn himself. *

Deuteronomy 19:17

Then both the men between whom the controversy is. That is, the accuser and the person accused. Shall stand before the Lord.] They were to come, in cases obscure, to the supreme court, where the sanctuary was settled. Who sat, it is likely, at the door of the tabernacle in Moses’s time, (see xvii. 8. 22.) and so might properly be said to try them before the Lord. Before the priests and the judges which shall be in those days.] This they all understand of the highest court, which consisted partly of priests, and partly of other great persons, whom he.calls judges; under which name* the whole court is comprehended in the next verse. (See xvii.- 8. and Selden, lib. ii. de Synedr. cap. 8. n. 2, 3.)

Deuteronomy 19:18

And tlie judges. The court beforenamed; who are all (whether priests or others) comprehended under the name of judges. - Shall make diligent inquisition.’] For it was not easy to prove-a man to be, a false witness; and therefore the matter was brought before this supreme court. And, behold, if the witness be a false witness, and hath testified falsely against his brother.] If, upon strict examination, he was found to have given a false evidence against his brother, in a matter which touched his estate,.or his body, or his. life..

Deuteronomy 19:19

Then shall ye do unto him as he had thought to have done unto his brother. That is, saith Maimonides, if he designed to have taken away his brother’s life, he t was to lose his own; if to have him scourged, he was to be.lashed himself; if to lose a sum of money, he was.to be iined the very same sum. (More Nevoehim, par.iii., cap. 41.) But though in most cases a false witness was to suffer the very same kind of punishment, which.he intended to have brought upon another, if his testimony: had not been disproved; yet in some it was not exactly observed. As, if one falselyjaccused a priest’s daughter of playing the,whore, he. was not to be burnt, as she.should have been,. but to be strangled as an adulterer. So J..Coeh observes upon the title Maccoth. ad cap. 1. where the.whole business of false testimonies is handled. But some foolish decisions were made by the rabbins, in opposition to the Sadducees, as he observes in bis Annot. 20. in -sect. -6.?. Among the Athenians there was an action lay. not.only against the false witness, but against the person who produced him. Upon whom they set a fine; and they were made infamous.. And if they were found thrice guilty of this crime, not only they but their posterity were made infamous throughout all generations; as, Sam. Petitus observes, out of Andoeides, and others, (lib. iv. in Leges Att ticas, tit. vii. p. #59.) It is something strange they were not more severe against such offenders, many of their laws being plainly borrowed from Moses.. And among the ancient Romans, by the law of the twelve tables, false witnesses were thrown down from the Tarpeian rock, as A. ^Gellius tells.us, (lib. xx. cap.. 1.) which was altered indeed, in latter times, for such punishments as the judges thought 5A2 Microsoft® A COMxMENTARY [chap. XX. Ihcy merited: but he there tells Phavorinus, that, if tho old punishment had continued to their days, they should not have had so many false testimonies given as they then saw. So shalt thou put the evil away from among you*’] This may be understood either of the false witness, or of his crime: the guilt of which was taken away by the just punishment of it.

Deuteronomy 19:20

And those that remain. The remainder of Israel, who see him suffer in his kind. Shall hear and fear.] The end of punishment is to deter others from such wickedness. (See xiii. 11. xvii. 13.) And shall henceforth commit no more any suck evil among you.] Learn to beware by other men’s sufferings.

Deuteronomy 19:21

And thine eye shall not spare. He speaks to the judges, who were not, out of compassion, to moderate the punishment, but make it equal to the damage he intended to another* Examples he gives of this in the words following. Life shall gofor life, eye for eye, tooth for tooth, handfor hand, foot for foot.] Concerning this lex talionis, see Exod. xxi. 23—25. Lev. xxiv. 19, 20. And see Grotius on Matt. v. 38. 40. where he well observes, that the party injured might forbear to require this punishment; but the judge, if it were required, could not deny to inflict it.