(12) And they shall be unto you cities for refuge . . . —Better, And the cities shall be unto you for refuge (or, as a place of refuge) from the avenger, that the manslayer may not die until he stand before the congregation for judgment. The avenger (Heb., goel) was the near kinsman whose office it was to redeem the person or inheritance of his kinsman, if that kinsman was reduced by poverty to sell himself into slavery, or to sell his inheritance; and also to avenge his blood in the event of his being slain. (See Leviticus 25:25-55, and Notes.) The law of the goel, as contained in this chapter, served to keep in check the excited passions of the near relations of the man who had been slain, and to secure for him a fair and impartial trial. The duties which devolved upon the congregation are stated in Numbers 35:24-25. Christ, as our “Redeemer” (Heb., goel), ever lives (Job 19:25). He has redeemed the persons and the inheritance of His people by His death; and He will in the last great day, ransom them from the power of the grave, and redeem them from death (Hosea 13:4, where the cognate verb to goel occurs), and will avenge their blood on them that dwell on the earth (Revelation 6:10).

Numbers 35:12. From the avenger — Hebrew, from the redeemer, or, from the next kinsman; to whom, by the law, belonged the right of redemption of the lands of, and vindication of the injury done to, the person deceased. Die not — Be not killed by the avenger meeting him in some other place. Before the congregation — Before the judges or elders who were appointed in every city for the decision of criminal causes, who were to examine, and that publicly before the people, whether the murder was wilful or casual.

35:9-34 To show plainly the abhorrence of murder, and to provide the more effectually for the punishment of the murderer, the nearest relation of the deceased, under the title of avenger of blood, (or the redeemer of blood,) in notorious cases, might pursue, and execute vengeance. A distinction is made, not between sudden anger and malice aforethought, both which are the crime of murder; but between intentionally striking a man with any weapon likely to cause death, and an unintentional blow. In the latter case alone, the city of refuge afforded protection. Murder in all its forms, and under all disguises, pollutes a land. Alas! that so many murders, under the name of duels, prize-fights, &c. should pass unpunished. There were six cities of refuge; one or other might be reached in less than a day's journey from any part of the land. To these, man-slayers might flee for refuge, and be safe, till they had a fair trial. If acquitted from the charge, they were protected from the avenger of blood; yet they must continue within the bounds of the city till the death of the high priest. Thus we are reminded that the death of the great High Priest is the only means whereby sins are pardoned, and sinners set at liberty. These cities are plainly alluded to, both in the Old and New Testament, we cannot doubt the typical character of their appointment. Turn ye to the strong hold, ye prisoners of hope, saith the voice of mercy, Zec 9:12, alluding to the city of refuge. St. Paul describes the strong consolation of fleeing for refuge to the hope set before us, in a passage always applied to the gracious appointment of the cities of refuge, Heb 6:18. The rich mercies of salvation, through Christ, prefigured by these cities, demand our regard. 1. Did the ancient city rear its towers of safety on high? See Christ raised up on the cross; and is he not exalted at the right hand of his Father, to be a Prince and a Saviour, to give repentance and remission of sins? 2. Does not the highway of salvation, resemble the smooth and plain path to the city of refuge? Survey the path that leads to the Redeemer. Is there any stumbling-block to be found therein, except that which an evil heart of unbelief supplies for its own fall? 3. Waymarks were set up pointing to the city. And is it not the office of the ministers of the gospel to direct sinners to Him? 4. The gate of the city stood open night and day. Has not Christ declared, Him that cometh unto me I will in nowise cast out? 5. The city of refuge afforded support to every one who entered its walls. Those who have reached the refuge, may live by faith on Him whose flesh is meat indeed, and whose blood is drink indeed. 6. The city was a refuge for all. In the gospel there is no respect of persons. That soul lives not which deserves not Divine wrath; that soul lives not which may not in simple faith hope for salvation and life eternal, through the Son of God.The avenger - Hebrew גאל gā'al, a term of which the original import is uncertain. The very obscurity of its etymology testifies to the antiquity of the office which it denotes. That office rested on the principle of Genesis 9:6, "whoso sheddeth man's blood, by man shall his blood be shed." The unwritten code of the East conceded to the nearest kinsman of a murdered man the right of avenging the blood that had been shed. Such rude justice necessarily involved grave evils. It gave no opportunity to the person charged with crime of establishing is innocence; it recognized no distinction between murder, manslaughter, and accidental homicide; it perpetuated family blood-feuds, the avenger of blood being liable to be treated in his turn as a murderer by the kinsman of the man whom he had slain. These grievances could not be removed as long as there was no central government, but they might be mitigated; and to do this was the object of the institution in the text (compare Exodus 21:13).

Among the Arab tribes, who are under the control of no central authority, the practice of blood-revenge subsists in full force to the present day.

The congregation - i. e. local court, consisting of the elders of the city Joshua 20:4.

11. that the slayer may flee thither, which killeth any person at unawares—The practice of Goelism, that is, of the nearest relation of an individual who was killed being bound to demand satisfaction from the author of his death, existed from a very remote antiquity (Ge 4:14; 27:45). It seems to have been an established usage in the age of Moses; and although in a rude and imperfect state of society, it is a natural and intelligible principle of criminal jurisprudence, it is liable to many great abuses; the chief of the evils inseparable from it is that the kinsman, who is bound in duty and honor to execute justice, will often be precipitate—little disposed, in the heat of passion or under the impulse of revenge, to examine into the circumstances of the case, to discriminate between the premeditated purpose of the assassin and the misfortune of the unintentional homicide. Moreover, it had a tendency, not only to foster a vindictive spirit, but in case of the Goel being unsuccessful in finding his victim, to transmit animosities and feuds against his descendants from one generation to another. This is exemplified among the Arabs in the present day. Should an Arab of one tribe happen to kill one of another tribe, there is "blood" between the tribes, and the stain can only be wiped out by the death of some individual of the tribe with which the offense originated. Sometimes the penalty is commuted by the payment of a stipulated number of sheep or camels. But such an equivalent, though offered, is as often refused, and blood has to be repaid only by blood. This practice of Goelism obtained among the Hebrews to such an extent that it was not perhaps expedient to abolish it; and Moses, while sanctioning its continuance, was directed, by divine authority, to make some special regulations, which tended both to prevent the unhappy consequences of sudden and personal vengeance, and, at the same time, to afford an accused person time and means of proving his innocence. This was the humane and equitable end contemplated in the institution of cities of refuge. There were to be six of these legalized asyla, three on the east of Jordan, both because the territory there was equal in length, though not in breadth, to Canaan, and because it might be more convenient for some to take refuge across the border. They were appointed for the benefit, not of the native Israelites only, but of all resident strangers. The avenger, to wit, of the party slain, or, of blood, as it is fully expressed below, Numbers 35:19,25; Heb. from the redeemer, or, from the next kinsman, to whom by the law belonged the right of redemption of the lands of, and vindication of the injury done to the person deceased.

Die not, i.e. be not killed by the avenger meeting him in some other place.

Before the congregation, i.e. before the society or convention of judges or elders, who were appointed in every city for the decision of criminal causes, who were twenty-three, who were to examine the matter, and that publicly before the people, whether the murder was wilful or casual.

Quest. In what city was this cause to be tried?

Answ. Some say in the city of refuge, others say in the city in or near which the fact was committed. It seems to me it was done in both, at first in the city of refuge, as is manifest in Joshua 20:4; but if that trial and sentence did not satisfy the avenger of blood, it was fully and finally determined in the other city, as is sufficiently evident both by comparing this place with Numbers 35:25 Joshua 20:6, and from the usual and most reasonable course of justice, which is that facts should be examined, as far as may be, in or near the places where they were committed, and where the witnesses and evidences were at hand. In judgment, or, for judgment, i. e. to receive sentence there according to the nature of the fact.

And they shall be unto you cities of refuge from the avenger,.... Or near kinsman; for as the right of redemption of an estate that was mortgaged belonged to such an one, so of revenging the blood of any one that was killed:

that the manslayer die not; by the hand of the avenger, who in the heat of his passion would, could he come at him, fall upon him, and slay him, to avenge the death of his relation on him:

until he stand before the congregation in judgment; before the court of judicature, to be examined, tried, and judged, whether the murder was committed knowingly and willingly, or whether through mistake and at unawares: this was done either before the court of judicature in the city of refuge, who took cognizance of such cases directly, that they might know whom to harbour and protect, and whom not; or before the court in the place where the act was committed: interpreters are divided about this; and Calmet (l) is of opinion that he was examined in both courts, first more strictly in the city of refuge, and then more slightly in the place where it was done, which is not improbable; however, this seems manifest from Numbers 35:25, that the court where it was committed had power to fetch him from the city of refuge, and set him before them, and examine into the case; and, if an innocent person, restored him to the city of refuge, whither he had fled.

(l) Dictionary, on the word "Refuge".

And they shall be unto you cities for refuge from the {d} avenger; that the manslayer die not, until he stand before the congregation in judgment.

(d) Meaning, from the next of the kindred, who ought to pursue the cause.