Bible Commentaries
Numbers 35

Verses 1-34

THE CITIES OF REFUGE

Numbers 35:1-34; Numbers 36:1-13

1. THE INHERITANCE OF THE LEVITES

The order relating to the Levitical cities may be said to describe an ideal settlement. We have, at all events, no evidence that the command was ever fully carried out. It was to the effect that in forty-eight cities, scattered throughout the whole of the tribes in proportion to their population, dwellings were to be allotted to the Levites, who were also to have the suburbs of those cities; that is to say, the fields lying immediately about them, "for their cattle, and for their substance, and for all their beasts." It is assumed that closely surrounding each of the cities there shall be pasturage, and that a regular or fairly regular boundary can be made at the distance of one thousand cubits from the city. Singularly, nothing whatever is said as to the duties of the Levites thus distributed throughout the land on both sides Jordan, from Kedesh Naphtali in the north, to Debir in the south, according to Joshua 21:1-45. It is not said that they were to perform any ecclesiastical functions or instruct the people in the Divine Law. Yet something of the kind must have been intended, since many of them were at a great and inconvenient distance from Shiloh and other places at which the ark was stationed.

According to this statute, there is, for one thing, to be no seclusion of the Levites from the rest of the people. If clergy and laity, as we say, are distinguished, the distinction is made as small as possible. From the terms of the present order {Numbers 35:2, ff.} it might appear that the towns given to the Levites were to be occupied by them exclusively. In parallel passages, however, it is clear that the Levites dwelt along with others in the cities; and in this way, as well as by engaging in pastoral work, they were kept closely in touch with the men of the tribes. The land allotted to them was not sufficient for farms; but the tithes and offerings were to a large extent for their support. And the arrangement thus sketched is held with some reason to be an ideal for every order of men called to similar duty. The Levites, indeed, were not at first spiritual. Neither the nature of their work at the sanctuary, nor the conditions of their life, implied any special consecration of heart. But the general tone of a religious ministry advances; and even in David’s time there were Levites who served God in no mere routine, but with earnest mind, with a measure of inspiration. The ordinance here is in behalf of a consecrated order devoted to the service of God.

The suburbs, or pasture lands about the cities, are measured a thousand cubits broad, and are to be two thousand cubits along each of the four boundaries. If the figures given are correct it would seem that, although the wall of the city is spoken of, the measurement must really have begun in the centre of the city; otherwise there could never have been a square of land, cities not taking that form; nor could a boundary of two thousand cubits on each aspect, north, south, east, and west, be made out. The cities must often have been small, a cluster of poor huts built of clay or rude brick, with a wall of similar material. We need imagine no stately dwellings or fine pleasure grounds when we read here of the provision for the Levites. Within the wall they had their bare, mean cottages; outside, there might be a breadth of perhaps four hundred yards of poor enough ground which they could claim. But as the tithes were not always paid, so the dwellings and the pasturage may not always have been allotted. There is not much reason to wonder that in a short time after the settlement in Canaan the Levites, finding no special work at the sanctuary, and obtaining little support from the offerings, gradually became part of the tribes in which they happened to have their abode. Hence we read in Judges 17:7 of "a young man out of Bethlehem-judah, of the family of Judah, who was a Levite."

The main purpose of the present statute, so far as it refers to the dwellings of the Levites, would appear to have been economic, not religious. It was that all the tribes might have their share of maintaining the servants of the sanctuary. But it seems likely that a class half priestly would, in lack of other duty, attach itself to the high places, and set up a worship not contemplated by the law. And if this is to be regarded as a misfortune, the choice of the Levitical cities is in some cases difficult to account for. Kedesh in Naphtali had been a famous holy place of the Canaanites; so probably were others, as Gibeon, Shechem, Gath-rimmon. The special symbol of Jehovah was the ark; and where the ark was the principal national rites were always performed. But in a time of pioneer work and constant alarms the central sanctuary could not always be visited, and the Levites appear to have lent themselves to worship of a local kind.

An ecclesiastical order needs great faithfulness if it is not to become irreligious through poverty, or proud and domineering through assumption of power with God. To live poorly as those Levites were expected to live, without the opportunity of earthly gain, while often the share of national support which was due fell to a very low and wholly inadequate amount, would try the fidelity of the best of them. No large claim need be made in behalf of men specially engaged in the work of the Christian Church; and great wealth seems inappropriate to those who represent Christ. But what is their due should at least be paid cheerfully, and the more so if they give earnest minds to the service of God and man. With all faults that have at various periods of the Church’s history stained the character of the clergy, they have maintained a testimony on behalf of the higher life, and the sacredness of duty to God. A materialistic age will make light of that service, and point to ecclesiastical pride and covetousness as more than counterbalancing any good that is done. But a broad and fair survey of the course of events will show that the witness-bearing of a special class to religious ideas has kept alive that reverence on which morality depends. True, the ideal of a theocracy would dispense with an order set apart to teach the law of God and to enforce His claims on men. But for the times that now are, even in the most Christian country, the witness-bearing of a gospel ministry is absolutely needful. And we may take the statute before us as anticipating a general necessity, that necessity which the apostles of our Lord met when they ordained presbyters in every Church, and gave them commission to feed the flock of God.

2. THE CITIES OF REFUGE

Among the forty-eight cities that provide dwellings for the Levites, six are to be cities of refuge, "that the man-slayer which killeth any person unwittingly may flee thither." Three of these cities are to be on the east and three on the west side of Jordan. According to other enactments they are to be distributed so as to be reached quite easily from all parts of the country. They were sanctuaries for any one fleeing from the "avenger of blood"; but the protection found in them was not by any means absolute. Only if there appeared to be good cause for admitting a fugitive was he afforded refuge even for a time, and his trial followed as soon as possible. The laws of protection and judgment are here laid down not fully, though with some detail.

We notice first that the statutes regarding the manslayer are frankly based on the primitive practice of blood revenge. It was the duty of the nearest male relation of one who had been slain to seek the blood of the man who slew him. The duty was held to be one which he owed to his brother, to the community, and to God; and the principle of retribution in such cases was embodied in the saying, "Whoso sheddeth man’s blood, by man shall his blood be shed." The goel, or redeemer, whose part it was to recover for a family land that had been alienated, or a member of the family who had fallen into slavery, had it also laid on him to seek justice on behalf of the family when one belonging to it had been killed. The evils of this method of punishing crime are very evident. All the heat of personal affection for the man put to death, the keen desire to maintain the honour of family or clan, and the bitter hatred of the tribe to which the homicide belonged, made the pursuit of the criminal swift and the stroke fierce and unrelenting. A goel put on a false track might easily strike to the ground an innocent person; and he would feel himself bound to incur all risks in avenging his kinsman. Often whole tribes of Arabs are involved in the blood feud beginning in a single stroke, and wherever the custom prevails there is the gravest danger of wide and sanguinary strife. The enactments of our passage are intended to counteract in part these abuses and dangers.

We may wonder that the Hebrew law, enlightened on many points, did not wholly abolish the practice of blood revenge. Justice is not the private affair of any man, even the nearest kinsman of one who has been injured. We have learned that the administration of law, especially in cases of murder or supposed murder, is best taken out of the hands of a private avenger, whose aim is to strike as soon and as effectually as possible. It remains of course for those whose friend has died by violence to institute inquiries and do their utmost to bring the criminal to justice. But even when a man’s guilt seems clear his trial is before an impartial judge by whom all relevant facts are elicted. In Hebrew law there was no complete provision for such an administration of justice. The ancient custom could not be easily set aside, for one thing; the passionate Oriental nature would cling to it. And for another, there was no organisation for repressing disorder and dealing with crime. A certain risk had to be run, in order that the sanctity of human life might be clearly kept before a people too ready to strike as well as to curse. But if the man-slayer was able to reach a city of refuge he had his trial. The old custom was checked by the right of the fugitive to claim sanctuary and to have his case investigated.

As for the sanctuary cities, there may also have been some imperfect custom which anticipated them. In Egypt there certainly was; and the Canaanites, who had learned not a little from Egypt, may have had sacred places that afforded protection to the fugitive. But the Mosaic law prevented abuse of the means of evading justice. He who had killed another was a criminal before God. The blood of the brother he had slain defiled the land and cried to Heaven. No sanctuary must protect a man who had with homicidal purpose struck another. There was to be neither priestly protection, nor sanctuary, nor ransom for him. The Divine principle of justice took up the cause.

In Numbers 35:16 ff. there are examples of cases which are adjudged to be murder. To smite one with an instrument of iron, or with a stone grasped in the hand presumably large enough to kill, or with a weapon of wood, a heavy club or bar, is adjudged to be deliberate homicide. Then if hatred can be proved, and one known to have cherished enmity towards another is shown to have thrust him down, or hurled at him, lying in wait, or to have smitten him with the hand, such a one is to be allowed no sanctuary. On the other hand, the cases of inadvertent homicide are defined: "if he thrust him suddenly without enmity, or hurled upon him anything without lying in wait, or with any stone, whereby a man may die, seeing him not." These, of course, are simply instances, not exhaustive categories.

It is not here stated, but in Joshua 20:4 the statute runs that the manslayer who fled to a sanctuary city was to state his cause before the elders, no doubt at the gate. Their preliminary decision had to be given in his favour before he could be admitted. But the real trial was by the "congregation," Numbers 35:24, some assembly representing the tribe within whose territory the crime has been committed, or more likely a gathering of headmen of the whole nation. Further, at Numbers 35:30 it is enacted that the charge of the avenger of blood against any one must be substantiated by two witnesses at least. These provisions form the basis of a sound judicial method. The rights of refuge and of revenge stand opposed to each other, and between the two a large and authoritative court gives judgment. It will be observed, moreover, that the judiciary was not ecclesiastical. Where power was to be exercised in the name of God, the priests were not to wield it, but the people. The form of government is far nearer a democracy than a hierocracy.

A singular point in the law is the term during which the unwitting manslayer who had been acquitted by the court of justice must remain in sanctuary. He is in danger of being put to death by the avenger of blood until the acting high priest dies. Till that event he must keep within the border of his city of refuge. And here the idea seems to be that the official memory of the crime which had ceremonially defiled the land rested with the high priest. He was supposed to keep in mind, on God’s behalf, the bloodshed which even though unintentional was still polluting. His death accordingly obliterated the recollection that kept the man-slayer under peril of the goal’s revenge. The high priest had no power to acquit or condemn a criminal, nor to enforce against him the punishment of his fault. But he was the guardian of the sacredness of the land in the midst of which Jehovah dwelt.

With regard to the symbolical meaning of the cities of refuge, it is needful to exercise great care at every point. The man-slayer, for instance, fleeing from the avenger of blood, is not a type of the sinner fleeing for his life from the justice of God. If guilty of murder, a man could find no safety even in the city of refuge. It was only if he was not guilty of premeditated crime that he found sanctuary. The refuge cities, however, represented Divine justice as in contrast to the justice or rather the vengeance of manta that Divine justice which Christ came to reveal, giving Himself for us upon the cross. Human righteousness errs sometimes by excess, sometimes by defect. Certain offences it would never condemn, others it would passionately and remorselessly punish. The sanctuary cities show a higher idea of justice. But all men are guilty before God. And there is mercy with Him not only for the unwitting transgressor, but for the man who has to confess deliberate sin, the forfeiture of his life to Divine law.

The singular opinion has been expressed that the death of the high priest was expiatory. This is said to be "unmistakably evident" from the addition of the clause, "who has been anointed with the holy oil" (Numbers 35:25). The argument is that as the high priest’s life and work "acquired a representative signification through this anointing with the Holy Ghost, his death might also be regarded as a death for the sins of the people by virtue of the Holy Ghost imparted to him, through which the unintentional manslayer received the benefits of the propitiation for his sins before God, so that he could return cleansed to his native town without further exposure to the vengeance of the avenger of blood." And thus, it is said, "The death of the earthly high priest became a type of that of the Heavenly One, who through the eternal Spirit offered Himself without spot to God, that we might be redeemed from our transgressions." But although many of the Rabbins and fathers held this view as to the expiatory nature of the high priest’s death, there is absolutely nothing in Scripture or reason to support it. All the expiation, moreover, which the Mosaic law provided for was ceremonial. If the death of the high priest was efficacious only so far as his functions were, then there could be no atonement or appearance of atonement for moral guilt, even that of culpable homicide for instance. The death of the high priest was therefore in no sense a type of the death of Christ, the whole meaning of which lies in relation to moral, not ceremonial, offences.

While it cannot be said that "light is thrown by the provisions regarding cities of refuge on the atonement of Christ"-for that would be the morning star shedding light on the sun-still there are some points of illustration; and one of these may be noted. As the protection of the sanctuary city extended only to the boundaries or precincts belonging to it, so the defence the sinner has in Christ can be enjoyed only so far as life is brought within the range of the influence and commands of Christ. He who would be safe must be a Christian. It is not mere profession of faith -"Lord, Lord, have we not prophesied in Thy name?"-but hearty obedience to the laws of duty coming from Christ that gives safety. "Who shall lay any thing to the charge of God’s elect?" -and the elect are those who yield the fruit of the Spirit, who are lovers of God and their fellowmen, who show their faith by their works. It is a misrepresentation of the whole teaching of Scripture to declare that salvation can be had, apart from life and practice, in some mystical relation with Christ which is hardly even to be stated in words.

3. TRIBAL INHERITANCE

Already we have heard the appeal of the daughters of Zelophehad to be allowed an inheritance as representing their father. Now a question which has arisen regarding them must be solved. The five women have not cared to undertake the work of the upland farm allotted to them, somewhere about the head waters of the Yarmuk. They have, in fact, as heiresses been somewhat in request among the young men of different tribes; and they are almost on the point of giving their hands to husbands of their choice. But the chiefs of the family of Manasseh to which they belong find a danger here. The young women may perhaps choose men of Gad, or men of Judah. Then their land, which is part of the land of Manasseh, will go over to the tribes of the husbands. There will be a few acres of Judah or of Gad in the north of Manasseh’s land. And if other young women throughout the tribes, who happen to be heiresses, marry according to their own liking, by-and-by the tribe territories will be all confused. Is this to be allowed? If not, how is the evil to be prevented?

The national centre and general unity of Israel could not in the early period be expected to suffice. Without tribal coherence and a sense of corporate life in each family the Israelites would be lost among the people of the land. Especially would this tend to take place on the eastern side of Jordan and in the far north. Now the clan unity went with the land. It was as those dwelling in a certain district the descendants of one progenitor realised their brotherhood. Hence there was good reason for the appeal of the Manassites and the legislation that followed. Women who succeeded to land were to marry within the families of their fathers. Men were apparently not forbidden to marry women of another tribe if they were not heiresses. But the possession of land by women carried with it a responsibility and deprived them of a certain part of freedom. Every daughter who had an inheritance was to be wife to one of her near kin; so should no inheritance remove from one family to another; the tribes should cleave every one to his own inheritance.

The exigencies of the early settlement appear to have required this law; and it was maintained as far as possible, so that he who lived in a certain region might know himself not only a Reubenite or a Benjamite as the case might be, but a son of Hanoch of the Reubenites, or a son of Ard among the Benjamites. But we may doubt whether the unity of the nation was not delayed by the means used to keep the land for each tribe and each tribe on its own land. The arrangement was perhaps inevitable; yet it certainly belonged to a primitive social order. The homogeneity of the people would have been helped and the tribes held more closely together by interchange of land. In every law made at an early stage of a people’s development there is involved something unsuitable to after periods. And perhaps one error made by the Israelites was to cling too long and too closely to tribal descent and make too much of genealogy. The enactment regarding the marriage of heiresses within their own families was an old one, bearing the authority of Moses. There came a time when it should have been revoked and everything done that was possible to weld the tribes together. But the old customs held; and what was the result? The tribes east of Jordan, as well as Dan and Asher, were well-nigh lost to the Confederacy at an early date. Subsequently a division began between the northern and southern peoples. We cannot doubt that partly for want of family alliances between Judah and Ephraim, and subordination of tribal to national sentiment, there came the separation into two kingdoms.

For the tribe idea and the other of making inheritance of land a governing matter, the Israelites would seem to have paid dearly. And there is danger still in the attempt to make a nation cohere on any mere territorial basis. It is the spirit, the fidelity to a common purpose, and the pervasive enthusiasm that give real unity. If these are wanting, or if the general aim is low and material, the security of families in the soil may be exceedingly mischievous. At the same time the old feeling is proved to have a deep root in fact. Territorial solidarity is indispensable to a nation; and the exclusion of a people from large portions of its land is an evil intolerable. Christianity has not done its work where the Church, the teacher of righteousness, is unconcerned for this great matter. How can religion flourish where brotherhood fails? And how can brotherhood survive in a nation when the right of occupying the soil is practically denied? First among the economic questions which claim Christian settlement is that of land tenure, land right. Christianity carries forward the principles of the Mosaic law into higher ranges, where justice is not less, but more-where brotherhood has a nobler purpose, a finer motive.