Numbers 35:21, commentary and pictures

To strike another out of hatred so that he dies is deliberate, willful murder, not accidental manslaughter, and under the law of the cities of refuge the one who does so is a murderer who shall surely be put to death, while the one who kills without intent was given refuge. The slayer's case was to be heard and judged by the congregation, for the city was no asylum for a willful murderer, who after fair trial and conviction was delivered up to be put to death by the avenger of blood, while the accidental slayer was protected as long as he remained in the refuge. The law did not abruptly abolish the established custom that the next of kin should kill the murderer but restrained it by requiring trial, with intent judged by hatred, lying in wait, and secret or presumptuous dealing, with no ransom for the guilty and no favoritism to rich or poor. That the revenger of blood shall slay the murderer when he meets him is the sentence to be carried out upon finding him, which is also what the avenger would naturally do, not a license for private vengeance without trial, since guilt or innocence had to be established first. The avenger of blood represents God's law which demands the sinner's life, and Christ is the refuge where the sinner is safe through His continuing intercession, showing that provision for transgressors does not make continued wrongdoing acceptable but mercy is meant to lead to turning from sin, while the death penalty for intentional murder upholds the sixth commandment and restrains further murder.

Murder Law and Procedure

Numbers 35:21 belongs to the instruction about the cities of refuge, which provided for cases of bloodshed. It distinguishes a deliberate killing in enmity from an accidental or unwitting manslaughter. To strike another in enmity with the hand so that he dies is intentional, willful murder. The one who does so is a murderer who shall surely be put to death, while one who kills another unintentionally was given refuge.

The law addressed the established custom that the murdered person's next of kin should kill the murderer. It did not abruptly abolish that custom but mitigated its effects by providing cities where one who had caused a death could escape and receive a fair trial. The slayer's case was to be heard and judged by the congregation in a city of refuge. The city was not an asylum for a willful murderer, who after fair trial and conviction was delivered up and put to death by the avenger of blood.

The accidental manslayer was protected if he remained in the refuge, but leaving it before the high priest's death exposed him to judgment. Intent was judged by evidence such as hatred, lying in wait, acting presumptuously or deceitfully, and killing secretly. A convicted murderer could not buy freedom with money, and rich and poor were to be judged without favoritism. The statement that the revenger of blood shall slay the murderer when he meets him is the sentence to be carried out upon finding him.

It is also described as what the avenger would naturally do upon meeting, not a legal authorization of private vengeance in place of trial, since guilt or innocence had to be established first. The cities protected the killer until the congregation judged the case, and an accidental killing was not punished as murder.

Doctrinal and Spiritual Lessons

The deliberate killer who strikes another in hatred so that death follows is a murderer liable to death at the hand of the avenger of blood, while provision is made for refuge for one who kills without intent. The avenger of blood stands for God's law, which claims the life of the sinner, and Christ is the refuge in whom the sinner is secure. His unceasing intercession meets the demand of the law on behalf of those sheltered in Him.

The requirement that intentional murder be punished by death, in contrast to accidental killing, upholds the sixth commandment. The cities of refuge sheltered the one who caused death by accident, but the murderer whose guilt was established beyond question was to be executed. That execution of justice restrains further bloodshed. The difference between shelter for the unintentional slayer and death for the deliberate murderer shows that mercy provided for transgressors does not license continued wrongdoing. Mercy is given to lead to turning from sin and to obedience to God, and the refuge was never appointed to shield willful murder.

The cities of refuge were God's own appointment among His people in former times. They were genuine cities of safety, more secure than the strongly fortified cities of the world such as Babylon which were regarded as places of safety. In this they reveal what cities are intended to become when cleansed and made bright by the healing touch of the Great Physician. Made thus clean, they become true cities of refuge for the suffering.