The Expositor's Bible: The Book of NumbersWatson, Robert A. (Robert Alexander)
Religion
The Expositor's Bible: The Book of Numbers
Watson, Robert A. (Robert Alexander)
Bible. Numbers -- Commentaries
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 vv. 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 Josh. xx. 4 the statute runs that
the man-slayer 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," Numb. xxxv. 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 ver. 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.
Public-domain text, read in full here on John Shaqi.
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