Manslaughter & Murder (Numbers 35)

How were manslaughter and murder handled under the old covenant? Where was custody until a case was decided? How should we act towards our enemies? Let’s look at Numbers 35.

How were the Levitical cities to be appointed among the tribes of Israel?

The Lord told Moses in the wilderness of Moab, beside the Jordan River near Jericho, “Instruct the Israelis to set aside a portion of their inheritance for the descendants of Levi to live in, along with grazing land surrounding their towns. The towns are to be reserved for their dwelling places and the grazing lands are to be reserved for their cattle, livestock, and all their animals. The grazing lands that you are to reserve for use by the descendants of Levi are to extend 1,000 cubits from the walls of the town. You are to measure from outside the wall of the town on the east side 2,000 cubits, on the south side 2,000 cubits, on the west side 2,000 cubits, and on the north side 2,000 cubits, with the town placed at the center. This reserved area is to serve as grazing land for their towns. (Numbers 35:1-5 ISV)

How many Levitical cities were to be appointed as cities of refuge?

And among the cities which ye shall give unto the Levites there shall be six cities for refuge, which ye shall appoint for the manslayer, that he may flee thither: and to them ye shall add forty and two cities. So all the cities which ye shall give to the Levites shall be forty and eight cities: them shall ye give with their suburbs. And the cities which ye shall give shall be of the possession of the children of Israel: from them that have many ye shall give many; but from them that have few ye shall give few: every one shall give of his cities unto the Levites according to his inheritance which he inheriteth. (Numbers 35:6-8 KJV)

What was to be the purpose of these cities of refuge? Was it like protective custody until a trial date?

Then Yahweh spoke to Moses, saying, “Speak to the sons of Israel and say to them, ‘When you cross the Jordan into the land of Canaan, then you shall select for yourselves cities to be your cities of refuge, that the manslayer who has struck down any person unintentionally may flee there. And the cities shall be for you as a refuge from the avenger, so that the manslayer will not die until he stands before the congregation for judgment. And the cities which you are to give shall be your six cities of refuge. You shall give three cities across the Jordan and three cities in the land of Canaan; they are to be cities of refuge. These six cities shall be for refuge for the sons of Israel and for the sojourner and for the foreign resident among them; that anyone who strikes a person down unintentionally may flee there. (Number 35:9-15 LSB)

When was a person not deemed qualified for a city of refuge? Who carried out the death penalty in those days?

But if he struck him with an iron object, so that he died, he is a murderer; the murderer must be put to death. And if he struck him with a stone in the hand, by which he would die, and as a result he did die, he is a murderer; the murderer must be put to death. Or if he struck him with a wooden object in the hand, by which he would die, and as a result he did die, he is a murderer; the murderer must be put to death. The blood avenger himself shall put the murderer to death; he himself shall put him to death when he meets him. Now if he pushed him in hatred, or he threw something at him with malicious intent, and as a result he died, or if he struck him with his hand with hostility, and as a result he died, the one who struck him must be put to death; he is a murderer. The blood avenger shall put the murderer to death when he meets him. (Number 35:16-21 NASB)

What of a death by accident where no harm was intended?

But if without enmity someone suddenly pushes another or throws something at them unintentionally or, without seeing them, drops on them a stone heavy enough to kill them, and they die, then since that other person was not an enemy and no harm was intended, the assembly must judge between the accused and the avenger of blood according to these regulations. The assembly must protect the one accused of murder from the avenger of blood and send the accused back to the city of refuge to which they fled. The accused must stay there until the death of the high priest, who was anointed with the holy oil. (Numbers 35:22-25 NIV)