In parsha Ma'asei, at the end of the book of Numbers, the torah
commands Israel to establish cities of refuge in the land. These
are the cities where those who kill accidentally can go for safety.
(Those who kill intentionally are subject to the death penalty.)
While the talmud specifies that capital cases
must follow a specific judicial process, the torah itself (in this
passage) seems to say that the victim's next of kin (the "go'el", which
means "redeemer" -- he redeems the blood-debt) "shall" carry out the
death sentence wherever he meets the intentional killer, even in a city
of refuge. This raises all sorts of questions that I hope
we'll return to at next week's torah study.
First, I assume the rabbis reinterpreted this away from the plain
meaning of the text, as they did with the rebellious son. I wonder
what process they followed -- other text citations that seem to
contradict this, perhaps?
Second, one has to wonder about security in the cities of refuge if
people who flee there aren't actually safe. It appears that accidental
killers are safe there and intentional killers aren't, but when the
kinsman shows up at the gate, who validates his claim that he's after
an intentional killer if there's no trial?
Third, I can't help but wonder about that "shall". Biblical Hebrew,
according to the book I'm learning from, does not distinguish among
the various senses of future tense -- "he will X", "he might X",
even "he is Xing" (present tense) are all constructed the same way,
and you figure it out from context. (Does Biblical Hebrew really
lack the subtle shades of meaning we're used to in English? That
seems over-simplistic.) Is the text using "shall" to mean "the go'el
is to do this", or is it more predictive ("the go'el is going to do
this")? Every translation is a commentary; I need to look at the
Hebrew in context here, though I suspect I'm not sufficiently fluent
and I'll have to ask my rabbi for help.
The accidental killer stays in the city of refuge until the (then-current)
high priest dies -- sort of like a statute of limitations, but less
predictable. I had wondered about this -- why does this make sense?
Someone this morning pointed out an interesting interpretation
(I think Rabbi Gunther Plaut's, but I might be wrong). The torah tells us
elsewhere (Mishpatim and Noach at least, off the top of my head) that life
must be paid with life, but in the case of an accidental killing you don't
want to punish the person who did it -- so instead the high priest's
death can "cover" these people too. I'm not sure I buy that
-- it opens the door to expiation by proxy in a dangerous way -- but
it's an interesting idea. And (I add) in a way the high priest is the
people's representative before God; he's ultimately accountable for
the sacrificial system that maintains the people's relationship with
God. Another commentary likened it to the amnesty
period that sometimes comes with a change of king, which sits a little
easier but isn't wholly satisfying either.
The Levites, who don't get land, are given cities (from the other tribes'
allotments), including these cities of refuge. We usually think
of the Levites as being responsible for the people's relationship
with God, but in the case of the cities of refuge they're responsible,
in part, for people's relationships with each other too.