DEUTERONOMY 19 COMMENTARY
EDITED BY GLENN PEASE
Cities of Refuge
1 When the Lord your God has destroyed the
nations whose land he is giving you, and when
you have driven them out and settled in their
towns and houses,
BARNES, "This and the next two chapters contain enactments designed to protect
human life, and to impress its sanctity on Israel.
In Deu_19:1-13 the directions respecting the preparation of the roads to the cities
of refuge, the provision of additional cities in case of an extension of territory, and
the intervention of the elders as representing the congregation, are unique to
Deuteronomy and supplementary to the laws on the same subject given in the earlier
books (compare the marginal reference).
Deu_19:1, Deu_19:2
The three cities of refuge for the district east of Jordan had been already named.
Moses now directs that when the territory on the west of Jordan had been conquered,
a like allotment of three other cities in it should be made. This was accordingly done;
compare Jos_20:1 ff,
GILL, "When the Lord thy God hath cut off the nations whose land the
Lord thy God giveth thee,.... The seven nations of the land of Canaan, whose
destruction was of the Lord for their sins, and whose land was a gift of him that had a
right to dispose of it to the children of Israel; see Deu_12:29.
and thou succeedest them, and dwellest in their cities, and in their
houses; should possess their land in their stead, by virtue of the gift of it to them by
the Lord, and inhabit their cities and houses built by them.
HENRY, "
It was one of the precepts given to the sons of Noah that whoso sheddeth man's
blood by man shall his blood be shed, that is, by the avenger of blood, Gen_9:6. Now
here we have the law settled between blood and blood, between the blood of the
murdered and the blood of the murderer, and effectual provision made,
I. That the cities of refuge should be a protection to him that slew another casually,
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so that he should not die for that as a crime which was not his voluntary act, but only
his unhappiness. The appointment of these cities of refuge we had before (Exo_
21:13), and the law laid down concerning them at large, Num_35:10, etc. It is here
repeated, and direction is given concerning three things: -
1. The appointing of three cities in Canaan for this purpose. Moses had already
appointed three on that side Jordan which he saw the conquest of; and now he bids
them, when they should be settled in the other part of the country, to appoint three
more, Deu_19:1-3, Deu_19:7. The country was to be divided into three districts, as
near by as might be equal, and a city of refuge in the centre of each so that every
corner of the land might have one within reach. Thus Christ is not a refuge at a
distance, which we must ascend to heaven or go down to the deep for, but the word is
nigh us, and Christ in the word, Rom_10:8. The gospel brings salvation to our door,
and there it knocks for admission. To make the flight of the delinquent the more
easy, the way must be prepared that led to the city of refuge. Probably they had
causeways or street-ways leading to those cities, and the Jews say that the
magistrates of Israel, upon one certain day in the year, sent out messengers to see
that those roads were in good repair, and they were to remove stumbling-blocks,
mend bridges that were broken, and, where two ways met, they were to set up a
Mercurial post, with a finger to point the right way, on which was engraven in great
letters, Miklat, Miklat - Refuge, Refuge. In allusion to this, gospel ministers are to
show people the way to Christ, and to assist and direct them in flying by faith to him
for refuge. They must be ready to remove their prejudices, and help them over their
difficulties. And, blessed be God, the way of holiness, to all that seek it faithfully, is a
highway so plain that the wayfaring men, though fools, shall not err therein.
K&D, "The laws concerning the Cities of Refuge for Unintentional Manslayers are
not a mere repetition of the laws given in Num 35:9-34, but rather an admonition to
carry out those laws, with special reference to the future extension of the boundaries
of the land.
Deu_19:1-9
As Moses had already set apart the cities of refuge for the land on the east of the
Jordan (Deu_4:41.), he is speaking here simply of the land on the west, which Israel
was to take possession of before long; and supplements the instructions in Num_
35:14, with directions to maintain the roads to the cities of refuge which were to be
set apart in Canaan itself, and to divide the land into three parts, viz., for the purpose
of setting apart these cities, so that one city might be chosen for the purpose in every
third of the land. For further remarks on this point, as well as with regard to the use
of these cities (Deu_19:4-7), see at Num_35:11. - In Deu_19:8-10 there follow the
fresh instructions, that if the Lord should extend the borders of Israel, according to
His promise given to the patriarchs, and should give them the whole land from the
Nile to the Euphrates, according to Gen_15:18, they were to add three other cities of
refuge to these three, for the purpose of preventing the shedding of innocent blood.
The three new cities of refuge cannot be the three appointed in Num_35:14 for the
land on this side of the Jordan, nor the three mentioned in Num_35:7 on the other
side of Jordan, as Knobel and others suppose. Nor can we adopt Hengstenberg's
view, that the three new ones are the same as the three mentioned in Deu_19:2 and
Deu_19:7, since they are expressly distinguished from “these three.” The meaning is
altogether a different one. The circumstances supposed by Moses never existed, since
the Israelites did not fulfil the conditions laid down in Deu_19:9, viz., that they
should keep the law faithfully, and love the Lord their God (cf. Deu_4:6; Deu_6:5,
etc.). The extension of the power of Israel to the Euphrates under David and
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Solomon, did not bring the land as far as this river into their actual possession, since
the conquered kingdoms of Aram were still inhabited by the Aramaeans, who, though
conquered, were only rendered tributary. And the Tyrians and Phoenicians, who
belonged to the Canaanitish population, were not even attacked by David.
CALVIN, "1.When the Lord thy God hath cut off the nations. Moses repeats the same
precepts which we have just been considering, that, in regard to murders, the people
should distinguish between inadvertency and crime. With this view, he assigns six cities,
wherein those who have proved their innocence before the judges should rest in peace
and concealment. In one word, however, he defines who is to be exempt from
punishment, viz., he who has killed his neighbor ignorantly, as we have previously seen;
and this is just, because the will is the sole source and cause of criminality, and
therefore, where there is no malicious feeling, there is no crime. But, lest under the
pretext of inadvertency those who are actually guilty should escape, a mark of
distinction is added, i.e., that no hatred should have preceded; and of this an instance is
given, if two friends should have gone out together into a wood, and, without any
quarrel or wrangling, the head of the axe should slip out of the hand of one of them, and
strike the other. God, therefore, justly commands that the motive of the crime should be
investigated, and shows how it is to be ascertained, viz., if there had been any previous
animosity, or if any contention should have arisen. For it is incredible that any one
should be so wicked as gratuitously to rush into so abominable a sin. It must be
observed, however, that there was no room for this conjecture, except in a doubtful
matter; for if any should stab his neighbor with a drawn sword, or should hurl a dart
into his bosom, the inquiry would be superfluous, because the guilty intention would be
abundantly manifest.
COFFMAN, "There are three paragraphs in this chapter: Deuteronomy 19:1-13 deals
with homicide and the provisions for cities of refuge; next is a very short paragraph of a
single verse (Deuteronomy 19:14) regarding boundary markers; and Deuteronomy
19:15-21 are devoted to the subject of witnesses.
"When Jehovah thy God shall cut off the nations, whose land Jehovah thy God giveth
thee, and thou succeedest them, and dwellest in their cities, and in their houses; thou
shalt set apart three cities for thee in the midst of thy land, which Jehovah thy God
giveth thee to possess it. Thou shalt prepare thee the way and divide the borders of thy
land, which Jehovah thy God giveth thee to inherit, into three parts, that every
manslayer may flee thither."
There is here another example of an oft-repeated pattern in the writings of Moses:
"Thy land, which Jehovah thy God giveth thee ..."
"Thy land, which Jehovah thy God giveth thee to possess it ..."
"Thy land, which Jehovah thy God giveth thee to inherit ..."
The mention of Israel's land usually carried such acknowledgments of the Divine grace
as those found in these verses. It would be well today if people, when speaking of "their
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wealth" of whatever kind would recognize God as the Giver in such a manner as that
indicated here. Such patterns as these are essentially Mosaic. The reprobate priesthood
of Israel of any century, particularly that period of Israel's history where the critical
community would like to find the "sources of the Pentateuch," was utterly incapable of
such devout terminology as that found here. The Christian should ever bear in mind
that God Himself cursed that reprobate priesthood in Malachi, and, if that priesthood
had possessed a single ounce of the pure devotion indicated here, such a thing would
never have occurred!
Oberst, quoting J. W. McGarvey, pointed out that:
"The first command on this subject (cities of refuge) is in Numbers 35, where the order
to appoint cities of refuge is given. There the number of cities was placed at six, and the
general laws for their use were announced, but the names of the cities were not given.
Next, in Deuteronomy 4:42-45, following the conquest of Trans-Jordan, Moses named
the three cities eastward from that river, and their names were given. Then in this
passage (Deuteronomy 19:1-13), Moses directed that after they had possessed the
territory west of Jordan, three other cities should be appointed on that side. This was
not to be done until after the conquest of that part of Canaan. Note particularly the
limitation imposed by the word "When" that stands at the head of this chapter; and
observe that it contrasts sharply with the dramatic "if" at the head of Deuteronomy
19:8.[1]
As is so frequently true in the Sacred Writings, each additional mention of almost any
subject results in additional information, and here it is the order to "prepare the way"
which appears for the first time. Jamieson tells us that:
"The roads leading to the cities of refuge were to be kept in good condition, and all the
brooks and rivers spanned by good bridges. The width of the roads was to be 32 cubits
(about 48 feet), with signs at every crossroads indicating the direction of the nearest city
of refuge, with the inscription Mekeleth, Mekeleth, `refuge, refuge.'"[2]
One cannot fail to be astounded at the flat declaration that these cities of refuge were in
any manner whatever an extension of the asylum often associated with pagan altars in
antiquity. Wright, for example, stated that "Exodus 21:12-14 specifies that such asylum
shall be established and infers that the altar ... was the place to which the manslayer
should go."[3] Let any thoughtful person read Exodus 21:12-14, and he will find that
such interpretations are TOTALLY IN ERROR. There God promised "a place" to
which the manslayer might go, but it was not the altar of God. Wright went on to
"prove" his false interpretation by mentioning the cases of Adonijah (1 Kings 1:50) and
Joab (1 Kings 2:28-34).
But neither of those men found any asylum whatever at God's altar! Both knew they
were guilty, therefore they did not flee to any city of refuge as God commanded (and as
was done by Abner, 2 Samuel 3:27), but they both tried to rely upon the ancient pagan
superstition regarding altars, but it did NOT work. Both were slain for their murders.
Wright's statement that the altar in Jerusalem served this purpose during the days of
the united monarchy is simply NOT true. "The law of Moses, instead of making the
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altar an asylum for the manslayer, positively forbids its use as such ... In this instance,
in provision of God's law has been misrepresented and its meaning reversed, in order to
make out a contradiction with another arrangement which the law actually provided
for in promise. Scarcely anything could be more reprehensible."[4]
Of course, Wright in the instance cited above, is merely quoting, apparently without
thinking it out, the wild and irresponsible charges of the critical scholars two or three
generations ago, not knowing perhaps that the believing community graduated from
that kind of exegesis a long time ago. It is a pity that many modern commentators still
parrot the postulations of men in the eighteenth century, such as Driver and Smith,
noted critics of that period. Driver stated that, "In Exodus 21:13, the asylum for the
manslayer is Jehovah's altar."[5] W. Robertson Smith stated that, "The asylum for the
manslayer in Exodus 21:12-14 is Jehovah's altar."[6] Of course, they were wrong, and
nothing has ever happened that can change that!
COKE, "Ver. 1. When the Lord thy God, &c.— Moses, having pressed upon the people
the great commandment of loving God with all the heart, now proceeds to remind them
of other precepts belonging to the second table, though not in an exact manner, nor
without interspersing some ceremonial matters. He begins with what concerns that
principal part of our neighbour's property, his life.
BENSON, "Deuteronomy 19:1. From enforcing the laws enacted against idolatry, and
calculated to preserve and promote the purity of divine worship, Moses now proceeds to
inculcate some important duties belonging to the second table, but not in any exact
order, nor without interspersing some precepts respecting ceremonial matters. He
begins with some regulations appointed to secure the preservation of the most
important part of the property of a fellow- creature, his life.
CONSTABLE, "Manslaughter 19:1-13
God revealed the law concerning how the Israelites were to deal with manslayers
earlier (cf. Numbers 35:9-34). In Israel this kind of crime was a domestic rather than a
law court matter; families were to deal with it rather than the courts. The instructions
given here urge application of this law and explain the need for three more cities of
refuge west of the Jordan River. Moses had already designated three towns on the east
side of the Jordan (Deuteronomy 4:41-43). The provision of cities of refuge taught the
Israelites how important life is to God. The cities of refuge were conceptually extensions
of the altar in the tabernacle courtyard as places of asylum. [Note: Kline,
"Deuteronomy," p. 181.]
"The extension of the power of Israel to the Euphrates under David and Solomon, did
not bring the land as far as this river into their actual possession, since the conquered
kingdoms of Aram were still inhabited by the Aramaeans, who, though conquered,
were only rendered tributary. And the Tyrians and Phoenicians, who belonged to the
Canaanitish population, were not even attacked by David." [Note: Keil and Delitzsch,
3:398. Cf. Craigie, The Book . . ., p. 267.]
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There is no indication in the Bible that the Israelites ever set aside this third set of three
cities of refuge (Deuteronomy 19:8-9). If they did not, it may have been because they
never secured the full extent of the Promised Land.
ELLICOTT, "Deuteronomy 19:1-13. THE CITIES OF REFUGE.
(See for more on this subject, Numbers 35:9, &c.; Joshua 20)
(1) When the Lord thy God hath cut off the nations.—We find that the three cities of
refuge on the west of Jordan were appointed by Joshua after the conquest (Joshua 20).
The first three on the east of Jordan, namely, Bezer, Ramoth-Gilead, and Golan, had
already been selected by Moses (Deuteronomy 4:41, &c), but Joshua assigned them to
their Levitical possessors.
(3) Thou shalt prepare thee a way.—Upon this phrase Rashi remarks (from the
Talmud) that “Miklot! Miklot (‘Refuge! Refuge!’) was written up at the parting of the
ways.”
Divide the coasts of thy land . . . into three parts.—So that no part of the country might
be too far from any of the cities of refuge.
(5) As when a man goeth into the wood.—An obvious instance.
(6) The avenger of the blood.—Literally, the redeemer of the blood. The Hebrew, gooël
stands for all the three words, “redeemer,” “avenger,” “kinsman.”
(8, 9) if the Lord thy God enlarge thy coast . . . thou shalt add three cities—i.e., thou
shalt add three to the six, making nine in all. There is no trace of this ever having been
done in the history of Israel. The comments of Jewish writers show that nothing is
known of the fact in their literature. Some of them point out that only seven nations
were assigned to thehost of Joshua, and that the land occupied by these seven could not
have needed more than the six cities. They lay stress upon the words “If He give thee all
the land which He promised to give thy fathers” (not merely the seven nations promised
to thee). They refer to the Kenites and the Kenizzites and the Kadmonites in particular,
as three nations promised to Abraham. It would have been more to the purpose if they
had referred to the Hittites. The cities of this people, as recently discovered, from
Kedesh on the Orontes to Carchemish, lie to the north of the known territory of Israel.
If “all the laud of the Hittites” (Joshua 1:4) had been conquered, the three additional
cities might have been required. But though this land seems to have been tributary to
Solomon, it was not so occupied by Israel as to necessitate the appointment of three
additional cities of refuge. And Solomon’s empire lasted only for his own reign. But
without going back to these details, they also take the promise as prophetical; holding
that when the Lord has “circumcised their heart” (Deuteronomy 30:6), “to love the
Lord,” and given them “one heart and one way to fear Him for ever, and shall make an
everlasting covenant with them, and put His fear in their hearts ( Jeremiah 32:39-40)
that they shall not depart from Him,” then the promises will be fulfilled. All the land
will be given to them, and they will need these other cities. One writer adds, “Blessed is
he that waiteth, and shall attain to it,” from Daniel 12:12. Thus the Jews take the
passage as prophetic of their ultimate restoration. Evidently it is no addition of later
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times, but the genuine language of Moses. What later writer would have thought of
adding it?
(10) That innocent blood be not shed—i.e., the blood of the manslayer who can find no
refuge, and yet is no murderer.
(11) But if any man hate his neighbour, and lie in wait for him.—Rashi’s comment upon
this is in the spirit of St. John: “By way of hatred he comes to lying in wait: and hence it
has been said, when a man has transgressed a light commandment, that he will end by
transgressing a greater. Therefore when he has broken the commandment, Thou shalt
not hate, he will end by coming to bloodshed.” What is this but “He that hateth his
brother is a murderer”?
(12) Deliver him into the hand of the avenger of blood.—There is as yet no idea of a
public trial and execution, which belongs to a more advanced stage of civilisation than
this.
(13) Shalt put away.—Literally, consume, or, as it were, burn out.
HAWKER, "This is a very sweet chapter if read under the HOLY GHOST's teaching,
and spiritually considered as leading to JESUS. And I take occasion here again in the
opening of it to remind the reader once more, that it was of JESUS Moses wrote. If the
reader will consult Exodus 21:13. he will there find, GOD'S gracious promise
concerning his merciful provision for sins of inadvertency in unintentional murder. And
if he will then refer to Deuteronomy 4:41-42. he will observe this promise fulfilled. I beg
the Reader to consult the Commentary on the passages. But when the Reader hath
made his observation on these passages, I would call upon him to remark, that the
provision here made for the like occasions hath a reference to the state of Israel, after
that Israel should become settled in Canaan. Yes! in Canaan as well as in the
wilderness, it is JESUS alone who is the city of refuge to his people. Reader! do you not
know that even in heaven itself JESUS will be the everlasting covering of his people,
their house, their habitation, their joy, their all in all to all eternity! Sweetly and
securely from their union with his person, their interest in his righteousness, and their
acceptance in his blood, are their souls brought into the everlasting city of refuge, and
guarded from every trouble and from every possibility of evil.
LANGE, "The Sixth Command
Deuteronomy 19:1 to Deuteronomy 21:9
Deuteronomy 19:1-21
1When the Lord thy God hath cut off the nations, whose land the Lord thy God giveth
thee, and thou succeedest them, [possessest them (their land)] and dwellest in their
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cities, and in their houses; 2Thou shalt separate three cities for thee in the midst of thy
land which the Lord thy God giveth thee to possess it 3 Thou shalt prepare [restore, put
in good condition] thee a way, and divide the coasts of thy land which the Lord thy God
giveth thee to inherit, into three parts, that every 4 slayer may flee thither. And this is
the case [word] of the slayer [what avails for him] which shall flee thither, that he may
live [and live, remain]: Whoso killeth his neighbour ignorantly, whom he hated not in
time past;[FN1] 5As when a man [And (indeed) whoever] goeth into the wood with his
neighbour to hew wood, and his hand fetcheth a stroke with the axe to cut down the
tree, and the head [iron] slippeth from the helve, and lighteth upon [striketh][FN2] his
neighbour, that he die; he shall flee unto one of these cities, and live: 6Lest the
avenger[FN3] of the blood pursue the slayer, while his heart is hot, and overtake him,
because the way is long, and slay him;[FN4] whereas he was not worthy [there is not to
him judgment] of death, inasmuch as he hated him not in time past 7 Wherefore I
command thee, saying, Thou shalt separate three cities for thee 8 And if the Lord thy
God enlarge thy coast, as he hath sworn unto thy fathers, and give thee all the land
which he promised9[spake] to give unto thy fathers; If thou shalt keep all these
commandments [this whole commandment] to do them [it] which I command thee this
day, to love the Lord thy God, and to walk ever in his ways; then shalt thou add three
cities more for thee, beside these three: 10That innocent blood be not shed in thy land,
which the Lord thy God giveth thee for an inheritance, and so blood be upon thee 11
But [And] if any man hate his neighbour, and lie in wait for him, and rise up against
him, and smite him mortally [to the life] that [and] he die, and fleeth into one of these
cities: 12Then the elders of his city shall send and fetch [take] him thence, and deliver
him into the hand of the avenger of blood, that [and] he may die 13 Thine eye shall not
pity him, but thou shalt put away the guilt of innocent blood from Israel, that it may go
well with thee.[FN5] 14Thou shalt not remove thy neighbour’s land- Mark, which they
of old time [thy forefathers] have set in thine inheritance, which thou shalt inherit in the
land that the Lord thy God giveth thee 15 to possess it. One witness [only] shall not rise
up against a man for any iniquity, or for any sin, in any sin that he sinneth; at the
mouth of two witnesses, or at the mouth of three witnesses, shall the matter [word] be
established 16 If a false witness rise up against any man to testify against him, that
which is wrong [a falling away, apostasy]; 17Then both the men between whom the
controversy is shall stand before the Lord, before the priests 18 and the Judges, which
shall be in those days; And the judges shall make diligent inquisition: and behold, if the
witness be a false witness, and hath testified falsely against his brother; 19Then shall ye
do unto him, as he had thought to have done unto his brother: so shalt thou put the evil
away from among you 20 And those which remain shall hear, and fear, and shall
henceforth commit no more any such evil [word] among you 21 And thine eye shall not
pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot.
Deuteronomy 20:1 to Deuteronomy 20:1.When thou goest out to battle against thine
enemies, and seest horses, and chariots, and a people more than thou, be not afraid of
them: for the Lord thy God is with thee, which brought thee up out of the land of Egypt
2 And it shall be when ye are come nigh unto the battle, that the priest shall approach
and speak unto the people, 3And shall say unto them, Hear, O Israel, ye approach this
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day unto battle against your enemies: let not your hearts faint [be weak, soft][FN6] fear
not, and do not[FN7] tremble, neither be ye terrified because of them; 4For the Lord
your God is he that goeth with you, to fight for you against your enemies, to save you 5
And the officers [shoterim] shall speak unto the people, saying, What man is there that
hath built a new house, and hath not dedicated it? let him go [he shall go] and return
unto his house, lest he die in the battle, and another man dedicate it 6 And what man is
he that hath planted a vineyard, and hath not yet eaten[FN8] of it [taken into use]? let
him also go [he shall go] and return unto his house, lest he die in the battle, and another
man eat of it 7 And what man is there that hath betrothed a wife, and hath not taken
her? let him go [he shall go] and return unto his house, lest he die in the battle, and
another man take her 8 And the officers [shoterim] shall speak further unto the people,
and they shall say, What man is there that is fearful and faint-hearted? let him go [he
shall go] and return unto his house, lest his brethren’s heart faint [melt, flow down] as
well as his heart 9 And it shall be, when the officers [shoterim] have made an end of
speaking unto the people, that they shall make captains of the armies[FN9] to lead the
people 10 When thou comest nigh unto a city to fight against it, then proclaim peace
unto it 11 And it shall be, if it make thee answer of peace, and open unto thee, then it
shall be, that all the people that is found therein, shall be tributaries unto thee, and they
shall serve thee 12 And if it will make no peace with thee, but will make war [battle]
against thee, then thou shalt besiege it [close, enclose it]: 13And when the Lord thy God
hath delivered it into thine hands, thou shalt smite every male thereof 14 with the edge
of the sword: But [only] the women, and the little ones, and the cattle, and all that is in
the city, even all the spoil thereof, shalt thou take [spoil, plunder] unto thyself: and thou
shalt eat [enjoy] the spoil of thine enemies, which the Lord thy God hath given thee 15
Thus shalt thou do unto all the cities which 16are very far off from thee, which are not
of the cities of these nations. But [Only] of the cities of these people which the Lord thy
God doth give thee for an inheritance, thou shalt save alive nothing that breatheth:
17But thou shalt utterly destroy them, namely, the Hittites, and the Amorites, the
Canaanites, and the Perizzites, the Hivites, and the Jebusites, as the Lord thy God hath
commanded thee: 18That they teach you not to do after all their abominations which
they [do] have done unto their gods; so should ye sin against the Lord your God 19
When thou shalt besiege a city a long time in making war against it to take it [conquer
it] thou shalt not destroy the trees thereof by forcing an axe against them; for thou
mayest eat of them: and thou shalt not cut them down (for the tree of the field is man’s
life) to employ them in the siege [for O Prayer of Manasseh, the tree of the field is there
to go before thee (through thee) (in the) siege].[FN10] 20Only the trees which thou
knowest that they be not trees for meat [fruit trees] thou shalt destroy and cut them
down; and thou shalt build bulwarks against the city that maketh war with thee, until
[its fall] it be subdued.
Deuteronomy 21:1 to Deuteronomy 9:1. If one be found slain in the land which the Lord
thy God giveth thee to possess it, lying [fallen] in the field, and it be not known who
hath slain him: 2Then thy elders and thy judges shall come forth, and they shall
measure unto the cities which are round about him that is slain: 3And it shall be that
the city which is next unto the slain Prayer of Manasseh, even the elders of that city
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shall take an heifer which hath not [yet] been wrought with, and which hath not [yet]
drawn in the yoke; 4And the elders of that city shall bring down the heifer unto a rough
valley [a perennial brook][FN11] which is neither eared nor sown, and shall strike
off5[break] the heifer’s neck there in the valley; And the priests the sons of Levi shall
come near, (for them the Lord thy God hath chosen to minister unto him, and to bless
in the name of the Lord,) and by their word [mouth] shall every controversy and every
stroke be tried; 6And all the elders of that city that are next unto the slain man, shall
wash their hands over the heifer that is beheaded [whose neck is broken] in the valley:
7And they shall answer and say, Our hands have not 8 shed this blood, neither have our
eyes seen it. Be merciful [Forgive] O Lord, unto thy people Israel, whom thou hast
redeemed, and lay not innocent blood unto thy people of Israel’s charge [into the midst
of thy people Israel]. And the blood shall be forgiven them.[FN12] 9So shalt thou put
away the guilt of innocent blood from among you, when thou shalt do that which is
right in the sight of the Lord.
EXEGETICAL AND CRITICAL
1. Deuteronomy 19:1-13. With chap19 the discourse passes unquestionably to the sixth
commandment. Other commands are alluded to only as they may be connected with
this. Deuteronomy 19:1. Comp. Deuteronomy 12:29; Deuteronomy 17:14. Deuteronomy
19:2 refers undoubtedly to Canaan. Comp. upon Deuteronomy 4:41 sq. [The three East
Jordan cities had been already named. Moses now gives direction for the three West of
Jordan.—A. G.]. Deuteronomy 19:3 directs that the way to the cities of refuge
(collectively) should be put into a proper condition, and kept in it, so that there should
be no hindrance in this respect. “According to tradition, the way must be level, thirty-
two cubits broad, and marked by fingerposts, bearing the words Refuge, Refuge”
Herxheimer. [The same tradition tells us that the magistrates were to send out
surveyors and repair these ways annually on the 15 th of the month Adar; that every
obstacle must be removed, and no stream left unbridged.—A. G.]. The direction,
Numbers 35:14, was carried out, through the threefold division of Canaan, with
reference to the point in view. The there prescribed three refuge cities in Canaan are
placed now one each, in the smaller parts, equally near to all sides, and thus the way
first becomes practical. Thee, as Deuteronomy 19:2, brings out the personal use and
obligation in regard to the designed preservation of life, and prevention of bloodshed in
Israel. Comp. further upon Deuteronomy 1:38; ( Deuteronomy 3:28; Deuteronomy
12:10) Deuteronomy 4:42. Deuteronomy 19:4, as Deuteronomy 15:3. Comp. upon
Deuteronomy 4:42. Deuteronomy 19:5 illustrates by example the more general
statement in Deuteronomy 19:4. Compare Numbers 35:22 sq. ‫ים‬ ִ‫צ‬ֵ‫ﬠ‬ wood for burning or
building, ‫ל‬ ַ‫ָשׁ‬‫נ‬7:1 , casts out, here used intransitively, falls off. Others (transitively) and
the iron is drawn from the wood—a piece which hits. At its close Deuteronomy 19:6
discloses the object of the arrangement. ‫ל‬ ֵ‫א‬ֹ‫ג‬ is the redeemer who both on account of
some possession belonging to the family is a member interested, and in a special sense,
on account of blood kindred, has to save, redeem, avenge the bloodshed of the family
according to the divine, as according to the human and natural right of retaliation. This
10
private justice, as is very natural, must be somewhat restrained both on account of the
personal feelings of the subject, and from the first heat of grief and anger. The refuge
offers its convenient situation to the pursued generally, but especially to those
overtaken, ( Deuteronomy 14:24). ‫,נפשׁ‬ the prominence of life, for whose sacredness it is
here provided, and to which the succeeding words whereas he was not worthy of death,
Schroeder, literally, and there is not to him the right of death, correspond, i.e., death
does not belong to him as a right, as a legal right, or the judgment of death, death
penalty, or the case is no legal case of life and death, no breach worthy of death.
Deuteronomy 19:7. The more emphatic statement with regard to the three cities in
Canaan, while the three East of Jordan, as set apart, and arranged by Moses, are not
again alluded to. Deuteronomy 19:8 connects itself with Deuteronomy 19:7, but passes
on to that which is still wider, and in a way to recall Deuteronomy 11:24; Deuteronomy
1:7. Comp. Deuteronomy 12:20 ( Genesis 15:18). The method of the discourse,
Deuteronomy 19:9 ( Deuteronomy 4:6; Deuteronomy 5:1; Deuteronomy 6:5;
Deuteronomy 8:6; Deuteronomy 11:22.) also forbids us to hold with Hengstenberg that
the three cities more are the three cities in Canaan, mentioned, Deuteronomy 19:2,
beside these three described, Deuteronomy 4:41 sq. Neither is it true that the three new
cities (Knobel) are those West of the Jordan, and the three East of the Jordan those
spoken of in Deuteronomy 19:2. The three cities here are rather in the prospect of the
promised future, which prospect was obscured by the failure to fulfil the conditions
with which it was connected. (If thou shalt keep, sq.). There remain thus only six
(instead of the nine, to which the prospect here enlarges) of which the discourse treats.
Schultz rightly emphasizes the wider horizon of Deuteronomy in this regard as Mosaic.
[“It is obvious that such a passage as this could not have been penned in the times to
which rationalist critics assign Deut. No one living in those times would think of
treating as a future contingency (“If the Lord thy God enlarge, sq.) an extension of
territory which at the date in question had in fact taken place long ago, and been
subsequently forfeited.” Bib. Com.—A. G.], Deuteronomy 19:10 resumes now the
thread broken off at Deuteronomy 19:7; Deuteronomy 19:8-9, being regarded as a
parenthesis. Innocent blood was that of the slayer, upon whom death is visited, not with
judgment or right, ( Deuteronomy 19:6). Comp. Deuteronomy 19:3. In such cases, if
there were no refuge, blood, i.e., the guilt of blood would be upon Israel. Deuteronomy
19:11-13. Insert the contrast. Comp. Genesis 4:8; Exodus 21:14; Numbers 35:16 sq.
Private justice must follow upon, be connected with, and subordinated to public justice.
The elders form the fitting mediation for this purpose, partly as they are the (more
revered) fathers, corresponding to the domestic element in the blood-revenger, partly as
the city magistrates who represent in general the executive power of the State, and from
whom also, as from the priests and Levites the judges were to be chosen ( Deuteronomy
16:18). Thus the still ruling custom among the Arabians, of blood-revenge, was legally
bounded and civilized, just as out of the predominant family life by and by the orderly
state springs. Deuteronomy 19:13, as Deuteronomy 7:16; Deuteronomy 13:9;
Deuteronomy 13:6; Deuteronomy 5:30 ( Deuteronomy 15:16). Comp. Numbers 35:31 sq.
PULPIT, "Deuteronomy 19:1-13
Moses had before this enunciated the law concerning cities of refuge for manslayers,
and had already pointed out the cities on the east of the Jordan that were to be set apart
11
for this (Numbers 35:11, etc.; Deuteronomy 4:41, etc.), he here repeats the law with
special reference to the appointment of such cities "in the midst of the land," on the
west of the Jordan, in Canaan itself; and he supplements the instructions formerly
given with directions as to the maintenance of roads to the cities of refuge, and as to the
division of the land, so that there should be a city of refuge in every third of the land.
PULPIT, “Deuteronomy 19:1-13
The cities of refuge.
The appointment of cities of refuge by Moses is of great interest, as yielding a study in
Jehovah's ways of educating his people, and of giving light and truth to men. We will
see—
I. THE PLACE THIS INSTITUTION OCCUPIES IN HISTORY. £ So far as we are
aware, there is nothing just now existing among civilized nations with which it is
altogether analogous. The most recent regulations which seem to be a kind of reflection
of it from afar, are those in the mediaeval Church, called "the right of sanctuary."
Ecclesiastical historians inform us that the right of refuge in churches began as early as
the days of Constantine; that at first only the altar and the interior of the Church was
the place of refuge, but that afterwards any portion of the sacred precincts availed. This
privilege was "not intended to patronize wickedness, but to give a place of shelter for
the innocent, or, in doubtful cases, to give men protection till they could have a hearing,
and to give bishops an opportunity of pleading for criminals." These refuges allowed
thirty days' respite, though under the Anglo-Saxon law of King Alfred but three days
were granted. It speaks but little for the advance of opinion then that the right of refuge
was denied, not only to the openly wicked, but to heretics, apostates, and runaway
slaves. In after times this right of sanctuary was granted even to notorious criminals,
not excepting such as were guilty of treason. In early ages there were asyla among the
Germans. Before that, among the Romans. In founding Rome, Romulus made it a place
of refuge for criminals from other states, for the purpose of peopling the city. Further
back, in the Greek states, the temples, altars, sacred groves, and statues of the gods
possessed the privilege of protecting slaves, debtors, and criminals. And, if we go back
further still, we find among Oriental peoples a custom known by the uncouth term,
"blood-revenge," according to which, if a murder had been committed, the nearest of
kin to the murdered man had a right to pursue the murderer and take vengeance on
him. It is said that among the Arabs this right exists to the present day. In what form it
existed among the ancient Egyptians we are able to infer from Mr. Lane's statement
that it exists in almost savage wildness among the moderns. And we might gather, from
the way in which Moses uses the term "avenger of blood," that the Hebrews may have
been familiar with it, as having seen it practiced in Egypt, or as having received the
custom from the nations among whom their fathers dwelt prior to going down into
Egypt. This right of the nearest of kin to avenge a murder in a family is called goelism,
from the word "goel," which has the two apparently incompatible meanings of "next of
kin" and "avenger of blood." So that there are actually two institutions known of, in
the light of which we have to look at these cities of refuge. One, goelism; the other, the
right of sanctuary. Each of them was open to abuse. If the former had unrestricted
sway, private revenge might bear very hardly on one who had accidentally killed
12
another. Supposing the second to be left without guard, it might become the means of
screening from justice criminals of the worst type. The first abuse was common among
Oriental nations; the second, amongst Greeks, Romans, Anglo-Saxons, and the
mediaeval sanctuaries of Europe. And it is only as we set the Mosaic institution in the
double light of the earlier ones out of which it came, and of the later ones which came
out of it, that its real value can be seen. Hence we see—
II. THE PURPOSE IT SERVED IN THE MOSAIC LEGISLATION. There is one
fundamental principle on which the Mosaic civil code is based, i.e. the value of patient
culture. Moses found certain abuses existing. He did not sweep them away at once, but
aimed at educating the people out of them. With regard to this right of revenge, he
established such a remarkable system of checks and counter-checks as surely only a
superhuman wisdom could, in that age, have devised. Our space will only allow us to
indicate these very briefly.
1. Moses recognizes the sacredness of human life, both to God and to man.
2. He provides that, when a wrong is done to society, it should be in some way
recognized, and that society should have its own safeguard against the repetition
thereof.
3. A great step would be gained if such reparation for the wrong as is needed for the
sake of security could be gained without any peril of the wild play of private revenge
(Deuteronomy 19:6; Numbers 35:24).
4. A broad distinction is to be made between wrongs (Numbers 35:25).
5. The examination of the case and the decision upon it were put into the hands of the
people through their elders and judges.
6. The cities of refuge were selected where justice was most likely to be done; even from
the cities of the Levites.
7. All this was doubly fenced from abuse. For
8. The reason is given in Numbers 35:33, Numbers 35:34. Now, when we know that all
legislation has to be tested, not by the question, "What is absolutely the test?' but by
"What is the best the people can bear?"—surely these laws give indications of a
guidance and wisdom not less than Divine.
III. THE TYPICAL FORESHADOWINGS IN THIS INSTITUTION ARE
NOTEWORTHY. They are many. The preacher may well luxuriate in working them
out.
1. Outraged right requires vindication.
2. In vindicating the right and avenging the wrong, equity and kindness are to be
studiously guarded. Grace is to reign through righteousness.
3. God, in his kindness, provides a refuge from the haste or excesses of private revenge.
13
4. God gives special directions concerning them. There was to be one in each district, so
that the fleeing one might not have too far to go. The place was to be accessible; good
roads thither were to be made. The Jews caught the spirit of the directions, and had
direction-posts put at the corners of roads, with the words "Refuge! Refuge!" plainly
put thereon. The same rule for a Hebrew applied to the stranger and foreigner. The
refuge did not avail if a man did not rice thither. And there were sins for which it did
not avail at all (see Numbers 35:11,Numbers 35:12, and Numbers 35:29-34); and where
the refuge did avail it was only the death of the high priest which set a homicide entirely
free from the consequences of his blood-shedding.
IV. THERE ARE SOME RELATED TRUTHS IN THE GOVERNMENT OF GOD
WHICH ARE NOT FORESHADOWED IN THESE CITIES OF REFUGE. Two of
these there are, and those so remarkable, that it is not surprising if some do not regard
the cities of refuge as being typical at all.
1. Though the manslayer was to flee to the city, yet he was to flee from the goel. The
opposite is the case under the gospel. We said that the word "goel" had two meanings,
viz. that of "nearest of kin" and "avenger of blood," because the nearest of kin was the
avenger of blood. But as the student traces the Bible use of this word, lo, it has a third
meaning, even that of redeemer (Isaiah 41:14; Isaiah 43:14; Isaiah 44:24; Isaiah 48:17;
Isaiah 54:5, Isaiah 54:8; Isaiah 60:16). Jehovah is the Goel. The Lord Jesus Christ is our
next of kin, the avenger of wrong, the Redeemer. He has vindicated the majesty of Law
by bearing the stroke, that it may not be inflicted on the penitent. He is at once our City
of Refuge and our Goel. We flee to him, not from him.
2. The refuge was provided for the delay of judgment till the case was examined. Here,
refuge is for the penitent, that he may never come into judgment at all He may say and
sing—
"Should storms of sevenfold thunder roll,
And shake the globe from pole to pole,
No flaming bolt shall daunt my face,
For Jesus is my Hiding-place."
HOMILIES BY J. ORR.
Deuteronomy 19:1-13
14
Cities of refuge.
The institution of cities of refuge (cf. Deuteronomy 4:41-43) seems to have been peculiar
to the legislation of Moses. It is an institution reflecting strong light on the wisdom,
justice, and humanity of the Mosaic code. The system of blood revenging, while
securing a rude kind of justice in communities where no proper means existed of
bringing criminals to public trial, was liable to great abuses (Deuteronomy 19:6). The
usage was, however, too deeply rooted to be at once abolished, and Moses, by this
ordinance, did not seek prematurely to abolish it. The worst evils of the system were
checked, and principles were asserted which were certain in course of time to lead to its
abandonment. In particular the two principles were asserted:
1. The distinction between accidental homicide (Deuteronomy 19:4, Deuteronomy 19:5)
and intentional murder (Deuteronomy 19:11).
2. The right of every criminal to-a legal trial. It is a proof of the wisdom of the
institution that, under its operation, blood avenging seems very early to have died out in
Israel.
These old cities of refuge, though their gray walls have long since crumbled to decay,
have still much about them to interest us. We can scarcely regard them as ordained
types of gospel realities, but they certainly furnish valuable illustrations of important
gospel truths. To a reader of the New Testament, Christ is suggested by them, and
shines through them, and the best use we can make of them is to learn from them the
need of seeking a like security in Christ to that which the manslayer found in his strong
city (see infra).—J.O.
Deuteronomy 19:1-13
The cities of refuge as types.
Using the word in a popular and not in a theological sense, we may speak of them in this
way. We have in the law ordaining them—
I. A VIVID PICTURE OF THE DANGER OF THE SINNER. In certain points the
contrast is stronger than the resemblance.
1. The manslayer might be guiltless of the crime imputed to him. His act may have been
unintentional. He had in that case done nothing worthy of death (Deuteronomy 19:6).
To slay him would have been to shed "innocent blood." The sinner who seeks refuge in
Christ cannot enter this plea. His sins are only too real and inexcusable.
2. The avenger of blood may have pursued the man-slayer unjustly. He may have
sought his death in blind fury and passion. His hot heart would make no distinctions.
The Avenger whom we have to fear is holy and just. His breast harbors no
vindictiveness, nor does he pursue without just cause. Yet he does pursue, for sin is the
one thing which God cannot tolerate in his universe, and he will not allow it to pass
unjudged and unavenged. These are points of difference, but in the one point of awful
and immediate danger, the parallel is exact. Outside the walls of the city of refuge the
manslayer knew that there was no safety for him. A sword was unsheathed which
15
would certainly drink his blood, if the pursuer could but overtake him. Delay meant
death, and he would not tempt it by pausing one instant in his flight. Is the situation of
the sinner out of Christ any less perilous? "The wrath of God abideth on him" (John
3:36). The sword of justice is unsheathed against him. Whither shall he flee to escape
his danger? Concealment may have been possible from the avenger of blood, but it is
not possible from God. Nor will any other refuge than Christ avail. The man in
shipwreck, who scorns to avail himself of the lifeboat, but prefers to cling to the solitary
hulk, filling with water, and doomed soon to go to the bottom, is not more certain of his
fate than is the transgressor of God's Law, rejecting Christ, letting his day of grace slip
past, and clinging vainly to his own righteousness or to any other mocking hope.
"Neither is there salvation in any other," etc. (Acts 4:12).
II. A VIVID PICTURE OF THE SECURITY OF THE REFUGE PROVIDED IN
CHRIST. In Christ, our Savior, God has provided a secure and accessible refuge for the
sinner. Here again there is a point of contrast as strongly marked as is the feature of
resemblance. The refuge city was, after all, only a refuge for the innocent. The
manslayer may have been rash and careless, and in that sense blameworthy, but he was
not a willful murderer. For the deliberate murderer there was no asylum (Deuteronomy
19:11-14). He was to be taken even from God's altar, and put to death (Exodus 21:14).
In this respect the gospel presents features different from the refuge of the Law. It is
true that even in Christ there is no refuge for sinners wedded to their sins. If murderers
may come to him, it is no longer with murderous, impenitent, unbelieving hearts. But,
on the other hand, of those who turn to him in penitence, there is none whose sins are so
black that the Savior will not take him in. The guiltiest and most red-handed may wash
in his blood, and be cleansed from their stains (1 John 1:7). This is the peculiarity of the
gospel that as, on the one hand, it proclaims the absolute need of salvation to those who
may think themselves too good for it; so, on the other, it holds out welcome to those who
might be tempted to think themselves too bad for it. There is none beyond the pale of
God's mercy save he who puts himself beyond it by his own unbelief. Christ is a Refuge
for sinners:
1. In virtue of the offices he sustains.
2. In virtue of the work he has accomplished.
3. In virtue of the position he occupies—appearing in heaven in the presence of God for
us.
In him believers are safe. They are freed from condemnation (Romans 8:1). They are
justified—saved from guilt and wrath—under Divine protection, and certain of
acquittal in the judgment (Romans 5:1, Romans 5:9, Romans 5:10; Romans 8:31-39).
They "have a strong city; salvation will God appoint for walls and bulwarks" (Isaiah
26:1).
III. A VIVID PICTURE OF THE SIMPLICITY OF THE WAY OF SALVATION. The
way to the city of refuge was direct and plain. The roads were kept in good repair. A
sufficient number of cities was provided to make the refuge readily accessible from
every part of the land. It was God's desire that men should reach the refuge, and every
facility was afforded them for doing so which the ease admitted of. How fit an image of
16
the simplicity and directness of the gospel method of salvation through faith in Christ!
"Believe on the Lord Jesus Christ, and thou shalt be saved" (Acts 16:31). "It is of faith,
that it might be by grace; to the end the promise might be sure to all the seed" (Romans
4:16). Faith includes the three ideas of believing in, accepting of, and resting in Christ.
Doubtless, to some, faith seems anything but easy. Carrying with it the surrender of the
heart to Christ, it is, in one view of it, the hardest of all conditions. But it is hard only to
those who love sin more than they desire salvation. The soul that sees the evil of its sin,
and has a deep desire to escape from it and to be reconciled to God, will never cease to
wonder at the simplicity of the way by which its salvation is secured.
IV. AN ILLUSTRATION OF THE NECESSITY OF ABIDING IN CHRIST FOR
SALVATION. The manslayer had to abide in the city till the high priest's death. If he
went beyond it he was liable to be slain (Numbers 35:25-29). Our High Priest never
dies, and we must abide in our city if we would be safe (John 15:4; Colossians 1:23;
Hebrews 3:14; Hebrews 10:38, Hebrews 10:39). The conclusion of the whole is, the duty
of availing ourselves at once of this Refuge "set before us" (Hebrews 6:18).—J.O.
BI 1-13, "That every slayer may flee thither.
Cities of refuge
I. There are many, besides the murderer of Uriah, who have need to cry with him, “deliver
me from blood guiltiness, O God.”
1. And, first, since a preacher must address his own conscience, as well as those of the
hearers, I cannot forget the fearful applicability which this charge of blood guiltiness may
have to Christian ministers. If ministers neglect to warn the wicked, if they keep back
from the people any part of the counsel of God, either doctrinal or practical, and do not
declare it; if they omit in their teaching either “repentance towards God,” which is the
beginning of the Gospel, or “faith towards our Lord Jesus Christ,” which is the body and
substance of it—blood lieth at their door, the angel of Divine vengeance is abroad in
pursuit of them: blood for blood, life for life, this is His legal requirement; His eye shall
not pity, neither shall it spare; the manslayer’s life—not the life of his body, but the life of
the soul—is justly forfeit, unless, indeed, there be, under the economy of grace, some
spiritual city of refuge appointed for him, into which he may flee and be safe.
2. Consider, then, I pray you, that subtle, undefinable thing, conveyed in a single remark,
or in a single glance, or even sometimes in a single gesture, called influence. Consider
how it propagates itself, and runs along like beacon fires—how alarmingly contagious
and infectious its nature is.
3. But the influence which all people professing religion exercise on society at large, and
claim to exercise, is too important to go without some remark.
II. The sinner’s spiritual refuge, I need not tell you, is Jesus Christ, who represents also the
merciful elders and the anointed high priest; and the road by which we flee to Christ
spiritually is the road of faith.
1. First, he must fly to Christ, as if for his life, as a man flies from a falling house or a
beleaguered town—as righteous Lot was directed to flee from the cities of the plain.
2. As impediments were removed out of the manslayer’s way, and the road was made as
easy and obvious to him as possible, so it is a very simple thing to believe in Christ, and
thus to flee to our spiritual City of Refuge—so much so, that its extreme simplicity
sometimes puzzles us, and makes us look with distrust upon faith, as if so very obvious a
17
thing could not be the appointed way of coming to God.
3. When the merciful Elder, Jesus Christ, comes to the gate of the city of refuge, what
have we to plead with Him? We have nothing to plead but our own sin and misery, and
the Divine covenant which was ratified by His blood—the Divine assurance that He is
able to save to the uttermost those who come unto God by Him. We must insist upon our
right to receive a “strong consolation” for our troubled conscience, even because we have
in God’s appointed way “Cried for a refuge to lay hold on the hope set before us” in Him.
And surely the merciful Elder will receive and comfort us, and give us a place that we
may dwell with Him.
4. Again, the manslayer was to abide in the city of his refuge—and so must we abide in
ours, if we would be safe. The justice of God may arrest us the moment we are out of
Christ.
III. Such, then, are some of the points of analogy between the Jewish city of refuge and its
New Testament Antitype. There are two points of glorious contrast.
1. The city of refuge was permanently available only to such manslayers as had acted
without any evil intent. Not so our City of Refuge! Christ is able to save to the uttermost.
2. The manslayer was to remain in the city until the high priest died. But our High Priest
never dies. “He ever liveth to make intercession for us.”
IV. Do we wish to know whether we are abiding in this City of Refuge, under the wing of the
merciful Elder, under the auspices of the Great High Priest? There is only one safe test of
this, and it is very easily applied. “He that saith he abideth in Him ought himself also so to
walk even as He walked”; and again, “Whosoever abideth in Him, sinneth not”; and again,
“He that keepeth His commandments dwelleth in Him.” As the evidence of our being in
Christ at all is our bearing fruit, so the evidence of our abiding in Him is our bearing much
fruit; “He that abideth in Me, and I in him, the same bringeth forth much fruit.” And the fruit
is this: “love, joy, peace, long-suffering, gentleness, goodness, faith, meekness, temperance,
against which there is no law.” (Dean Goulburn.)
Deliver him into the hand of the avenger.
No refuge for a man hater
The universe was not constituted to give security to murderers: there is no shelter for a man
hater. He may get into a city of refuge, but he is to be dragged out of it: the evil-doer may
make a profession of religion, but his cloak, though of velvet and gold braided, must be torn
from his shoulders. The universe has no lodgment for the man of malicious heart and
murderous spirit; the city of refuge in Israel was not built for him; he has no right in it; to pity
him is to despise the law; to pity the murderer is to forget the murdered. The eyes of justice
are fixed upon both points in the case. It is an evil sentiment that spares the wrong-doer and
forgets the wrong-endurer, the sufferer of wrong. There is one place appointed for the
murderer. Who is the murderer? Not the shedder of blood:—whoso hateth his brother without
a cause is a murderer. This is the great law, not of Israel only, but of the Church of Christ in
all ages. Beware of malice! It does not always begin in its broadest form, or leap at once in all
its intensity into human action: it begins in little frets and spites and jealousies; it starts out of
a root of criticism, of fault finding, and investigations into consistency; it may begin as a
clever action, showing the spirit of judgment, and proving itself to be equal to the analysis of
the most hidden motive; but it grows; disappointed, it begins to justify itself; foiled in its
attempts to succeed, it retires that it may increase the supposed evidence that is at command;
then it returns to the onslaught; it grows by what it feeds on; at last, philanthropy—love of
man—dies, and misanthropy—hatred of man—takes its place. Then is the soul a murderer;
18
and, thank God, there is no city of refuge for the murderer of life, of hope, of love, of trust!—
open the door and thrust ye the unprofitable servant into outer darkness!—the sun will not
spare a beam to bless the murderer. Christ is not a refuge in the sense of a criminal being able
to outrun justice. The picture in Israel was the picture of a man fleeing for refuge and an
avenger fleeing after him; and if the avenger were swifter of foot, the man slayer might be
killed outside the city. There is no such picture in Christianity. In Christ we do not outrun
justice: justice itself, by a mystery we can neither understand nor explain, has been satisfied
by Christ. (J. Parker, D. D.)
Deuteronomy 19:1-21
When justice is done, it brings joy to the righteous but terror to evildoers. - Proverbs 21:15
TODAY IN THE WORD
Last year (2001), Chicago led all American cities with a total of 667 murders, ahead of New
York City’s 642. Homicides went up in 15 out of 25 police districts, with most killings tied to
gangs, drugs, and domestic violence. Total murders increased by 36 over the year before, the
first such increase in eight years, despite the fact that general crime rates have been dropping.
Justice and order are key concerns of society in any age, past or present. We’ve seen this
earlier in Deuteronomy, and it’s here again in today’s reading.
Cities of refuge had already been named east of the Jordan River (Deuteronomy 4:41, 42, 43;
cf. Num. 35). Moses directed that additional such cities be designated on the west side after
the conquest (cf. Josh. 20). If one person killed another inadvertently, he could flee to this
place for protection from the “avenger of blood,” a relative of the dead person who would
seek vengeance. Such cities were specifically not for cases of premeditated murder, but only
accidental manslaughter.
Another issue was boundary stones. To move them constituted an attempt to steal land, and
was thus regarded as a serious crime (cf. Hos 5:10).
As we saw on July 16, one witness was not enough to prove a case. Furthermore, judges were
responsible to probe for and punish malicious motives and false testimony. The punishment
would be measured out according to the harm intended. Dealing with sin in this way would
deter others and keep the nation pure.
The idea of “an eye for an eye and a tooth for a tooth” was not unique to Israel (Dt 19:21).
Called the lex talionis, or “law of retaliation,” this figurative language established the
principle that the punishment should fit the crime. Jesus taught against the misunderstanding
that saw “an eye for an eye” as a license to get even. On the contrary, turning the other cheek
and going the extra mile should characterize everyday life (Mt. 5:38, 39, 40, 41, 42-note).
TODAY ALONG THE WAY
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In response to today’s devotion and the justice of God, find out more about prison ministries
in your area. You might start by checking with your church missions committee, to see if the
church already supports someone you could contact. You could also check the yellow pages
or do a search on the Internet.
Deuteronomy 19:1-21
Do no wrong or violence to the alien, the fatherless or the widow, and do not shed innocent
blood in this place. - Jeremiah 22:3
TODAY IN THE WORD
The Jewish philosopher Philo once wrote, “Holiness toward God and justice toward men
usually go together.” We see this reflected in the Law of Moses. God’s Law was not merely
concerned about law and order–its aim was to move Israelite society in the direction of
justice. One proof of this is seen in the rules laid down for the establishment of cities of
refuge.
Once God’s people had settled in the land, they were to establish cities in a central location
and build roads to them so that people would have easy access. Anyone guilty of
unintentionally killing another person and who took refuge there was guaranteed protection
from the “avenger of blood” until the elders of the city judged his case.
The “avenger of blood” was the one charged with responsibility for executing the death
penalty on those guilty of murder. The text doesn’t say how this person was appointed. It is
likely that he was a family member of the victim who was given the responsibility of seeing
that justice was done.
If the accused was found guilty by the elders of the city, he was given to the avenger of
blood. If found innocent, he remained there, serving a virtual life sentence until the death of
the High Priest. This law balanced the community’s responsibility to avenge innocent blood
with its obligation to protect the rights of the accused.
In addition, the Law of God required the validity of all accusations to be corroborated by the
testimony of two or more witnesses. Anyone who gave false testimony was liable to the same
punishment that would have been executed on the one who had been accused.
TODAY ALONG THE WAY
God’s holiness is reflected in His passion for justice. His justice is tempered with mercy.
Both come together in the work of Jesus Christ. God did not lower the demands of the Law in
Christ. Instead, He met them by sending His Son to suffer the death penalty that our sins
deserve. As a result, Jesus has become a source of mercy for all those who trust in Him.
2 then set aside for yourselves three cities in the
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land the Lord your God is giving you to possess.
GILL, "Thou shalt separate three cities for thee in the midst of thy land,....
From the cities they took possession of and dwelt in; and indeed from the cities of the
Levites, which were given to them to inhabit; three were before ordered to be
separated from those inhabited by the tribes of Reuben and Gad, and the half tribe of
Manasseh, Deu_4:41 but these were to be in the midst of the land of Canaan; see
Jos_20:7,
which the Lord thy God giveth thee to possess it: which as it is often
mentioned when this land is spoken of, so it carries in it a reason here why this order
of the Lord's should be readily complied with, the whole land and all the cities of it
being the gift of his to them.
JAMISON, "Thou shalt separate three cities for thee in the midst of thy
land — Goelism, or the duty of the nearest kinsmen to avenge the death of a
slaughtered relative, being the customary law of that age (as it still is among the
Arabs and other people of the East), Moses incorporated it in an improved form with
his legislative code. For the protection of the unintentional homicide, he provided
certain cities of refuge - three had been destined for this purpose on the east of
Jordan (Deu_4:41; Num_35:11); three were to be invested with the same privilege on
the west of that river when Canaan should be conquered.
in the midst of thy land — in such a position that they would be conspicuous
and accessible, and equidistant from the extremities of the land and from each other.
COKE, "Ver. 2. In the midst of thy land— Rather, within thy land, as appears from the
next verse. The land was to be divided into three parts; and a city of refuge to be set
apart in each, in the most convenient place for those to flee to, who should be so
unhappy as to stand in need of an asylum.
BENSON, "Deuteronomy 19:2. Thou shalt separate three cities for thee — There were
to be six cities of refuge in all, but Moses had already appointed three on that side of
Jordan where they now were. See Numbers 35:14-15;
Deuteronomy 4:41. In the midst of thy land — That is, in the midst of the several parts
or districts of thy land, or within thy land; for had they been all three in the very heart
of the country, the very intention of them would have been counteracted: which was,
that they should be so conveniently placed in several parts of the country, that men
might easily and speedily flee to them.
3 Determine the distances involved and divide
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into three parts the land the Lord your God is
giving you as an inheritance, so that a person
who kills someone may flee for refuge to one of
these cities.
BARNES, "Thou shalt prepare thee a way - It was the duty of the Senate to
repair the roads that led to the cities of refuge annually, and remove every
obstruction. No hillock was left, no river over which there was not a bridge; and the
road was at least 32 cubits broad. At cross-roads there were posts bearing the words
Refuge, Refuge, to guide the fugitive in his flight. It seems as if in Isa_40:3 ff the
imagery were borrowed from the preparation of the ways to the cities of refuge.
CLARKE, "Thou shalt prepare thee a way - The Jews inform us that the
roads to the cities of refuge were made very broad, thirty-two cubits; and even, so
that there should be no impediments in the way; and were constantly kept in good
repair.
GILL, "Thou shalt prepare thee a way,.... A road, an highway to those cities: on
the first of Adar, or February, the magistrates used to meet, and proclaimed, or
ordered to be proclaimed, that the ways be repaired (r), particularly those leading to
the cities of refuge; which was done by making them smooth and plain, so that there
was not an hill or dale to be seen; and by building bridges over rivers and brooks,
that he might escape who had killed anyone through mistake, and not be hindered,
lest the avenger of blood should overtake him and kill him (s); and therefore every
obstruction was removed out of the way, that there might be a clear course for him;
and at the parting of ways, or where two or more ways met, that he might not be at a
loss one moment which way to take, "refuge" was written, as Jarchi and other writers
observe, upon posts or pillars erected for that purpose: See Gill on Num_35:6,
and divide the coasts of thy land, which the Lord thy God giveth thee to
inherit, in three parts; in each of which was to be a city of refuge, and those at an
equal distance: so Jarchi observes, that this was done that there might be from the
beginning of the border (of the land) unto the first city of the cities of refuge,
according to the measure of a journey, that there is from that to the second, and so
from the second to the third, and so from the third to the other border of the land of
Israel: of the situation of these cities, so as to answer to those on the other side
Jordan; see Gill on Num_35:14,
that every slayer may flee thither; to that which is nearest and most convenient
for him, that is, who had slain a man unawares, as follows.
JAMISON, "Thou shalt prepare thee a way — The roads leading to them were
to be kept in good condition and the brooks or rivers to be spanned by good bridges;
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the width of the roads was to be thirty-two cubits; and at all the crossroads signposts
were to be erected with the words, Mekeleth, Mekeleth, “refuge, refuge,” painted on
them.
divide the coasts of thy land ... into three parts — the whole extent of the
country from the south to the north. The three cities on each side of Jordan were
opposite to each other, “as two rows of vines in a vineyard” (see on Jos_20:7).
COKE, "Ver. 3. Thou shalt prepare thee a way, &c.— The Jewish rulers added a
number of other laws for keeping those roads in continual repair, that the person might
meet with no obstruction in his flight. These roads, according to them, were to be
thirty-two cubits in breadth, smooth and plain. At every place where the road parted, a
post was to be set up to direct him, which had the word ‫מקלט‬ miklat, REFUGE,
engraven upon it. Every brook or river was to have a good bridge; all watery places
were to be drained, and the surface kept smooth and hard. Once a year, at least, in the
month of Adar, which answers in part to our February, the magistrates of every city
were obliged to visit them, and see that they were kept in good order; otherwise, in case
the avenger chanced to overtake and kill the slayer, the magistracy of the place were
adjudged guilty of his death. As for the cities of refuge, they were to be of a moderate
size, well furnished with water, provisions, and artists. For more respecting the cities of
refuge, we refer the reader to the notes on Numbers 24-35:12 .
REFLECTIONS.—(1.) These cities are representative of Christ: the sinner fleeth to
him, and is safe. (2.) Ministers are the directories, to teach the way, and assist such as
desire to flee from the wrath to come. (3.) The way is plain, and the city near, for every
awakened soul which truly flies for refuge. If any sinner perishes, his blood is on his
own head, because he neglects so great a salvation.
BENSON, "Deuteronomy 19:3. Thou shalt prepare thee a way — Make a plain road to
them, keep it in good repair, and distinguish it by evident marks, to prevent delays and
mistakes, that the manslayer might meet with no difficulty in escaping to the nearest
city. And divide the coasts of thy land — Thy possessions on the west of Jordan into
three equal parts, and in the central part of each open a place of refuge, which being
nearly at an equal distance with respect to the inhabitants of that district, all might
have the same benefit by it.
HAWKER, "It is said that the Jewish magistrates were very particular respecting the
observance of this law, and that once in a year a day was set apart to examine whether
the ways which led to the cities of refuge were in good repair, and free from all
obstructions; and that the poor fugitive which was fleeing from the avenger, might not
be at a loss to know the path, a post of direction was placed at the corner of the road
leading to those cities, with the word Miklat, that is refuge, engraven in great letters
upon it. Whether this be literally true I presume not to say; but one thing I know,
ministers of the gospel ought to be very diligent to see, not only one day in a year, but
every day and all the day, that no stumbling block be placed in the way of a poor sinner,
who is fleeing to JESUS for his life. Oh, thou dear Redeemer! how gracious is it that our
coasts are so divided in our land, that every way there is an opening to thee in thy blood
and righteousness! Blessed be the LORD! his word is nigh unto us, and his invitation
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forever sounding in our ears. Oh!, for grace to flee unto thee, thou LAMB of GOD
which takest away the sin of thy people. Romans 10:8; John 1:29.
LANGE, ". Chap19 Deuteronomy 19:3. Starke: “Thus God prepares the way by His
word and Spirit, and by His servants, to His refuge, His Saviour, that nothing may
prove a hindrance in the way; as he did through John the Baptist, Matthew 3:3. But
Christ is equally near all His servants, Matthew 11:28; John 6:37. Berl. Bib: “How
excellent is the refuge which tempted and troubled sinners have in Him, in whom is the
whole fulness of the Godhead; so that no sin, no law, curse, nor Satan, death or hell, can
reach them ! The finger posts point to Him. John 1:29. But whoever will have safety in
Him must forsake father, mother and all. Psalm 45:10; Luke 14:26.” Wurth. Bib,
Deuteronomy 19:10 : “Magistrates ought not only to punish the guilty, but protect and
save the innocent,” Deuteronomy 19:1-13. The place of refuge in Israel a security, but
no protection for sin.” Deuteronomy 19:14. Piscator: “God cares not only for the body
and life of our neighbor, but for all that is necessary for his abode, and purposes that no
one shall injure another in this respect.” Baumgarten: “With these directions the
prohibition as to the landmark is so far connected, as it also has its deepest ground in
the character of the land as the possession of Jehovah. Hence Moses returns
immediately to the judicial investigation of the murder.” Berl. Bib.: “In Deuteronomy
19:14 to prevent civil wars among His people, God forbids any alteration of the limits,
once fixed by lot in the division of the land. Each family and tribe should keep within its
inheritance.” Osiander, Deuteronomy 19:20. If the magistrates cannot see the heart,
they may prevent the crime from becoming common.
PULPIT, "Thou shalt prepare thee a way. In the East, the roads were for the most part
mere tracks made by the feet of animals used as beasts of burden or for traveling; and
this continues to be the case in Palestine and many other parts of the East even at the
present day. That roads, however, properly so called, were not unknown to the
Hebrews, even in early times, is evident, not only from this passage, but also from Le
26:22; Numbers 20:17; Numbers 21:22; Deuteronomy 2:27; 1 Samuel 6:12. The design
of the injunction here was that every facility should be afforded to the fugitive to escape
to the place of refuge. In later times, it was enacted that the roads leading to these cities
should be repaired every year in the month Adar, and every obstruction removed.
TRAPP, "Deuteronomy 19:3 Thou shalt prepare thee a way, and divide the coasts of
thy land, which the LORD thy God giveth thee to inherit, into three parts, that every
slayer may flee thither.
Ver. 3. Thou shalt prepare thee a way.] A direct, plain, fair highway: such a way must
ministers prepare and pave for their people to Christ, the true asylum, by giving them
"the knowledge of salvation by the remission of their sins." [Luke 1:76-77]
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4 This is the rule concerning anyone who kills a
person and flees there for safety—anyone who
kills a neighbor unintentionally, without malice
aforethought.
GILL, "And this is the case of the slayer, which shall flee thither, that he
may live,.... It was not any slayer that might have protection in these cities, but such
who were thus and thus circumstanced, or whose case was as follows:
whoso killeth his neighbour ignorantly; without intention, as the Targum of
Jonathan, did not design it, but was done by him unawares:
whom he hated not in time past; had never shown by words or deeds that he
had any hatred of him or enmity to him three days ago; so that if there were no marks
of hatred, or proofs of it three days before this happened, it was reckoned an
accidental thing, and not done on purpose, as this phrase is usually interpreted; see
Exo_21:29.
COFFMAN""Blood revenge was the police of the primitive Aryan and Semitic
peoples."[7] It is important to notice that the Jews were not to change everything in
their new place of residence. The ancient police system which featured the avenger of
blood would continue to be used, but with the restraints and precautions inherent in the
refuge system. In a similar way, the ancient landmarks in use for ages before Israel
inherited Canaan were to be continued and honored. (See under Deuteronomy 19:14.)
Under the avenger of blood system, any homicide gave the right to the next of kin to
seek out the manslayer and kill him. In fact, it was considered a solemn duty for him to
do so. The whole system of the cities of refuge was not designed to interfere with that
arrangement at all, except in those cases where the killing was accidental, unintentional,
and not premeditated.
In Deuteronomy 19:8,9, Moses instructed the people to set up three more cities of
refuge, in addition to the six already commanded, IF God should enlarge their borders,
as God had sworn to their fathers that he would do IF they remembered to keep all of
God's commandments. Note that God's promise to enlarge their borders was
conditional (Deuteronomy 19:9), and also that the instruction to appoint three more
cities of refuge was conditional (Deuteronomy 19:8). The significant thing about these
instructions is that it would have been impossible, long after the times of Moses, for
anyone whomsoever to have included such orders as these! "No late author would have
invented such a provision."[8] Not only did God never really enlarge Israel's borders
until the times of David and Solomon, but even in their times, the conquered area was
not really incorporated into Israel, but merely made tributary to Israel's monarchy,
and furthermore, the conquered peoples quickly regained their independence when
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Solomon's incompetent son (Rehoboam) inherited the throne.
Oberst summarized the instruction regarding the cities thus: "The appointment of the
six was WHEN, but the appointment of the other three was IF; and the job apparently
never got done!"[9]
Deuteronomy 19:4-7 lays out instructions for the unintentional manslayer; and
Deuteronomy 19:5,6 gives an example of what was meant by unintentional. Also, in
Numbers 35:26-24, there are other examples of inadvertent homicide.
TRAPP, "Deuteronomy 19:4 And this [is] the case of the slayer, which shall flee thither,
that he may live: Whoso killeth his neighbour ignorantly, whom he hated not in time
past;
Ver. 4. Whom he hated not in time past.] There is, first, a passion of hatred. This is a
kind of averse ness and rising of the heart against a man, when one sees him, so that he
cannot away with him, nor speak to him, nor look courteously or peaceably upon him,
and by his goodwill he would have nothing to do with him. Secondly, there is a habit of
hatred, when the heart is so settled in this alienation and estrangement, that it grows to
wish, and desire, and seek his hurt. Both these must be mortified.
5 For instance, a man may go into the forest
with his neighbor to cut wood, and as he swings
his ax to fell a tree, the head may fly off and hit
his neighbor and kill him. That man may flee to
one of these cities and save his life.
BARNES, "With the axe - literally, “with the iron.” Note the employment of iron
for tools, and compare Deu_3:11 note.
GILL, "As when a man goeth into the wood with his neighbour to hew
wood,.... A wood is a place common to men, and cutting down wood a business
which any man might do; whereas a private place, where a man had no right to be,
and doing what he had no business with, rendered a case suspicious, and such a man
was liable to be taken up when any affair happened of the kind here spoken of; so the
Jewish writers observe (t),"a wood is a public place for him that hurts and him that is
hurt to enter there;''both had a right to go thither, the one as well as the other, he to
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whom the accident came, and he by whom it came; but they say, a court that belongs
to a master of a house (a private court) is excepted, where there is no power or liberty
for him that hurts or for him that is hurt to enter. Abba Saul says, What is hewing
wood? It is what a man has a right to do, or is in his power; it is what is public and
common, and not peculiar to any:
and his hand fetcheth a stroke with the axe to cut down the tree; lifts up
the axe and is about to strike with it, in order to cut down the tree pitched upon by
him or by his neighbour, or both:
and the head slippeth from the halve; the head of the axe from the handle of it:
or the iron from the wood (u); the iron part of the axe, which is properly the
head, from the wooden part, which is laid hold on by the hand; and this not being
well fastened, slips and falls off as the blow is fetching, or the stroke just ready to be
given:
and lighteth upon his neighbour, that he die; hits him in some part as he
stands by him, which proves fatal:
he shall flee unto one of these cities, and live; be safe and secure from the
avenger of blood; such an one might have the benefit of one of these cities, for, for
such they were designed: the rule with the Jews is, what is done by way of descent
(i.e. which comes down and lights upon a man, and is not levelled against him, or
thrown up at him) he is to be exiled (or to have the benefit of a city of refuge), but
what is not by way of descent, he is not to have it. Some think this is spoken of the
wood which is cleaved, and not of the wood in which the iron is fixed; but the wise
men say it is to be so understood (x); in which they are right.
SBC, "I. There are many besides the murderer of Uriah who have need to cry with
him, "Deliver me from blood-guiltiness, O God." (1) This charge may have a fearful
applicability to Christian ministers. If ministers neglect to warn the wicked, if they
keep back from the people any part of the counsel of God, blood lieth at their door;
the angel of vengeance is abroad in pursuit of them. (2) Consider that subtle,
undefinable thing called influence. Can you conscientiously say that you have always
exerted your influence for good, never for evil? If in one instance you have used it for
evil, blood lieth at your door. You have shed the blood of souls, and the life of your
own soul is justly forfeit.
II. The spiritual refuge of the sinner is Jesus Christ, and the road by which we flee to
Christ is the road of faith. (1) The sinner must fly to Christ as if for his life, as a man
flies from a falling house or a beleaguered town. (2) As impediments were removed
out of the man-slayer’s way, and the road was made as easy and obvious to him as
possible, so it is a very plain, simple thing to believe in Christ, and thus to flee to our
spiritual cities of refuge. (3) When the merciful Elder, Jesus Christ, comes to the gate
of the city of refuge, we can only plead our sinfulness, our infinite desert of
condemnation, and God’s appointment of Jesus Christ to be a refuge to us. (4) The
man-slayer was to abide in the city of his refuge, and so must we abide in ours if we
would be safe.
III. There are two points of contrast between the Jewish city of refuge and its New
Testament antitype. (1) The city of refuge was permanently available only to such
man-slayers as had acted without any evil intent. Not so our city of refuge. Christ is
able to save to the uttermost. (2) The man-slayer was to remain in the city until the
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high-priest died. But our High-priest never dies. "He ever liveth to make intercession
for us."
E. M. Goulburn, Sermons Preached in the Parish Church of Holywell, p. 101.
TRAPP, "Deuteronomy 19:5 As when a man goeth into the wood with his
neighbour to hew wood, and his hand fetcheth a stroke with the axe to cut down
the tree, and the head slippeth from the helve, and lighteth upon his neighbour,
that he die; he shall flee unto one of those cities, and live:
Ver. 5. And live.] So he keep within his city of refuge till the death of the high
priest. {See Trapp on "Numbers 35:25"}
6 Otherwise, the avenger of blood might pursue
him in a rage, overtake him if the distance is too
great, and kill him even though he is not
deserving of death, since he did it to his
neighbor without malice aforethought.
GILL, "Lest the avenger of blood pursue the slayer,.... These words are to be
connected with Deu_19:3, where it is ordered to prepare the way to the cities of
refuge, and to divide the land into three parts, for the convenience of the slayer to flee
thither, lest he that was next of kin, and incensed against the slayer, and determined
to avenge what was done, should pursue after him:
while his heart is hot; by reason of the loss of his relation, upon which his
passions being raised, his heart becomes inflamed with wrath and anger; which
pushes him upon an eager and hasty pursuit of the slayer, before he sits down and
coolly considers and deliberates on the affair:
and overtake him, because the way is long, and slay him; wherefore it was
proper that everything should be done to make the way to these cities as easy and as
short as it could be:
whereas he was not worthy of death; had not committed an action deserving of
it, it being done ignorantly and without notice, as follows:
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inasmuch as he hated him not in time past; See Gill on Deu_19:4.
JAMISON 6-7, "Lest the avenger of the blood pursue the slayer, while his
heart is hot — This verse is a continuation of Deu_19:3 (for Deu_19:4, Deu_19:5,
which are explanatory, are in a parenthetical form), and the meaning is that if the
kinsman of a person inadvertently killed should, under the impulse of sudden
excitement and without inquiring into the circumstances, inflict summary vengeance
on the homicide, however guiltless, the law tolerated such an act; it was to pass with
impunity. But to prevent such precipitate measures, the cities of refuge were
established for the reception of the homicide, that “innocent blood might not be shed
in thy land” (Deu_19:10). In the case of premeditated murder (Deu_19:11, Deu_
19:12), they afforded no immunity; but, if it were only manslaughter, the moment the
fugitive was within the gates, he found himself in a safe asylum (Num_35:26-28;
Jos_20:6).
TRAPP, "Deuteronomy 19:6 Lest the avenger of the blood pursue the slayer, while his
heart is hot, and overtake him, because the way is long, and slay him; whereas he [was]
not worthy of death, inasmuch as he hated him not in time past.
Ver. 6. While his heart is hot.] As Nebuchadnezzar’s oven - viz., with anger and grief,
and such like passions; which, like heavy bodies down steep hills, once in motion move
themselves, and know no ground but the bottom.
7 This is why I command you to set aside for
yourselves three cities.
GILL, "Wherefore I command thee, saying, thou shalt separate three
cities for thee. This was to be done immediately, as soon as they were settled in the
land of Canaan, and established in the possession of it, the inhabitants being cut off,
or driven out, or however subdued.
8 If the Lord your God enlarges your territory,
as he promised on oath to your ancestors, and
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gives you the whole land he promised them,
BARNES, "Deu_19:8, Deu_19:9
Provision is here made for the anticipated enlargement of the borders of Israel to
the utmost limits promised by God, from the river of Egypt to the Euphrates (Gen_
15:18, note; Exo_23:31, note). This promise, owing to the sins of the people, did not
receive its fulfillment until after David had conquered the Philistines, Syrians, etc.;
and this but a transient one, for many of the conquered peoples regained
independence on the dissolution of Solomon’s empire.
GILL, "And if the Lord thy God enlarge thy coast,.... Extend it further than it
was upon their first settlement, even carry it as far as the river Euphrates, as in the
times of Solomon, 1Ki_4:21. Jarchi interprets it of such an enlargement as to give
them the land of the Kenites, the Kenizzites and Kadmonites:
(as he hath sworn unto thy fathers), and give thee all the land which he
promised to give unto thy, fathers: Abraham, Isaac, and Jacob; see Gen_15:19.
HENRY, " The appointing of three cities more for this use in case God should
hereafter enlarge their territories and the dominion of their religion, that all those
places which came under the government of the law of Moses in other instances
might enjoy the benefit of that law in this instance, Deu_19:8-10. Here is, (1.) An
intimation of God's gracious intention to enlarge their coast, as he had promised to
their fathers, if they did not by their disobedience forfeit the promise, the condition
of which is here carefully repeated, that, if it were not performed, the reproach might
lie upon them, and not on God. He promised to give it, if thou shalt keep all these
commandments; not otherwise.
JAMISON, "And if the Lord thy God enlarge thy coast — Three additional
sanctuaries were to be established in the event of their territory extending over the
country from Hermon and Gilead to the Euphrates (see Gen_15:18; Exo_23:31). But
it was obscurely hinted that this last provision would never be carried into effect, as
the Israelites would not fulfil the conditions, namely, “that of keeping the
commandments, to love the Lord, and walk ever in his ways.” In point of fact,
although that region was brought into subjection by David and Solomon, we do not
find that cities of refuge were established; because those sovereigns only made the
ancient inhabitants tributary, instead of sending a colony of Israelites to possess it.
The privilege of sanctuary cities, however, was given only for Israelites; and besides,
that conquered territory did not remain long under the power of the Hebrew kings.
BENSON, "Deuteronomy 19:8-9. If the Lord thy God enlarge thy coast — As far as the
Euphrates. If thou shalt keep all these commandments — This shows that the promise
of enlarging their border was conditional, and the condition not being performed the
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promise was never accomplished, so that there was no need for three more cities of
refuge. This the Jewish writers themselves own. “Yet the holy blessed God,” say they,
“did not command it in vain, for in the days of Messiah the Prince, they shall be
added.” They expect it in the letter: but we know it has in Christ its spiritual
accomplishment. For the borders of the gospel Israel are enlarged according to the
promise: and in the Lord our righteousness, refuge is provided for all that by faith flee
to him.
HAWKER, "Verses 8-10
It is worthy remark, that this precept of forming three cities more, in case of the
enlargement of Israel's borders, was never fulfilled as it respected Israel only. But, had
it not an eye to the enlargement of the church, when both Jew and Gentile were brought
into one? See Isaiah 54:2-3. And in this sense was not the precept intended to show, that
the cities of refuge were as many to the Gentiles as to the Jews, and all typically
referred to one and the same blessed object? Colossians 1:20.
PULPIT, "Deuteronomy 19:8, Deuteronomy 19:9
In case their land should be extended, in ease they should come to possess the whole
territory promised by God to the patriarchs, so that their domain should reach from the
Nile to the Euphrates (Genesis 15:18)—an event which should be realized only if they
should continue steadfast in their obedience to all that God had enjoined upon them,
and an event which in point of fact never was realized, for even under David and
Solomon there were extensive territories within these limits which were not
incorporated with the kingdom of Israel—in that case they were to add other three
cities of refuge to those already appointed.
TRAPP, "Deuteronomy 19:8 And if the LORD thy God enlarge thy coast, as he hath
sworn unto thy fathers, and give thee all the land which he promised to give unto thy
fathers;
Ver. 8. And give thee all the land.] From Nile to Euphrates; [Genesis 15:18] which by
reason of their sins he never did. Pray we with Jabez, [1 Chronicles 4:10] "Oh that thou
wouldest bless me indeed, and enlarge my coast (my heart), and that thine hand might
be with me," &c. "When thou shalt have enlarged mine heart," saith David, "then will
I run the way of thy commandments." [Psalms 119:32]
9 because you carefully follow all these laws I
command you today—to love the Lord your
God and to walk always in obedience to him—
31
then you are to set aside three more cities.
CLARKE, "Shalt thou add three cities more - This was afterwards found
necessary, and accordingly six cities were appointed, three on either side Jordan. See
Jos_21:1-3, etc. In imitation of these cities of refuge the heathens had their asyla, and
the Catholics their privileged altars. See Exo_21:13 (note), Exo_21:14 (note), and
Num_35:11 (note), etc.
GILL, "If thou shalt keep all these commandments to do them, which I
command thee this day,.... A phrase often met with before, and signifies the
putting in practice the several laws, moral, ceremonial, and judicial, which Moses
was now making a repetition of, and enjoining the observance of them by a divine
authority:
to love the Lord thy God; which is the source and spring of genuine obedience to
the commands of God:
and to walk ever in his ways; noting constancy and perseverance in them; now
all this is mentioned as the condition of the enlargement of their coast, which would
be the case if a due and constant regard was had to the laws of God:
and then shall thou add three cities more besides these three; three more
in the land of Canaan, besides the three now ordered to be separated in it, and
besides the three on the other side of Jordan; so that there would have been nine in
all, if these had been ever added; but that time never came: the Jews expect the
addition of these three cities in the days of the Messiah (y) but the Messiah is already
come, and all those cities, as they were typical of him, have had their accomplishment
in him the antitype of them, of which See Gill on Num_35:29.
10 Do this so that innocent blood will not be
shed in your land, which the Lord your God is
giving you as your inheritance, and so that you
will not be guilty of bloodshed.
32
GILL, "That innocent blood be not shed,.... As it would be if such a slayer as
before described was killed by the avenger of blood, before he could get to one of
these cities of refuge, or supposing that they had not bean appointed, or a sufficient
number of them:
which the Lord thy God giveth thee for an inheritance; to be enjoyed by
them and their children after them, provided they did not defile it by their sins, but
observed the commands of the Lord to obey them and
so blood be upon thee; the guilt of innocent blood crying for vengeance, as would
be the case if such a man's blood was shed as before described; it seems as if the guilt
would rather affect the whole land, for not having a proper provision of "asylums" for
such persons, than the avenger of blood.
K&D, "Deu_19:10
Innocent blood would be shed if the unintentional manslayer was not protected
against the avenger of blood, by the erection of cities of refuge in every part of the
land. If Israel neglected this duty, it would bring blood-guiltiness upon itself (“and so
blood be upon thee”), because it had not done what was requisite to prevent the
shedding of innocent blood.
PULPIT, “Deuteronomy 19:10
The design of appointing these cities was to prevent the shedding of innocent blood,
which would be the case were the unintentional manslayer killed in revenge by one of
the relatives of the man he had slain; in this case the guilt of bloodshed would rest upon
the nation if they neglected to provide for the escape of the manslayer.
K&D, "Deu_19:10
Innocent blood would be shed if the unintentional manslayer was not protected
against the avenger of blood, by the erection of cities of refuge in every part of the
land. If Israel neglected this duty, it would bring blood-guiltiness upon itself (“and so
blood be upon thee”), because it had not done what was requisite to prevent the
shedding of innocent blood.
11 But if out of hate someone lies in wait,
assaults and kills a neighbor, and then flees to
one of these cities,
GILL, "But if any man hate his neighbour,.... Has conceived enmity in his heart
33
against him, bears him a mortal hatred, and has formed a scheme in his mind to take
away his life:
and lie in wait for him knowing and expecting he will come by in such a way at
such a time:
and rise up against him; out of the place where he lay in wait, just at the time he
is passing by:
and smite him mortally that he die; or smite him
in soul or life (z); in such a part where life is in danger, and the consequence of it is
that he dies:
and fleeth into one of these cities; for shelter from the avenger of blood.
HENRY, " It is provided that the cities of refuge should be no sanctuary or shelter
to a wilful murderer, but even thence he should be fetched, and delivered to the
avenger of blood, Deu_19:11-13. 1. This shows that wilful murder must never be
protected by the civil magistrate; he bears the sword of justice in vain if he suffers
those to escape the edge of it that lie under the guilt of blood, which he by office is the
avenger of. During the dominion of the papacy in our own land, before the
Reformation, there were some churches and religious houses (as they called them)
that were made sanctuaries for the protection of all sorts of criminals that fled to
them, wilful murderers not excepted, so that (as Stamford says, in his Pleas of the
Crown, lib. II. c. 38) the government follows not Moses but Romulus, and it was not
till about the latter end of Henry VIII's time that this privilege of sanctuary for wilful
murder was taken away, when in that, as in other cases, the word of God came to be
regarded more than the dictates of the see of Rome. And some have thought it would
be a completing of that instance of reformation if the benefit of clergy were taken
away for man-slaughter, that is, the killing of a man upon a small provocation, since
this law allowed refuge only in case of that which our law calls chance-medley. 2. It
may be alluded to to show that in Jesus Christ there is no refuge for presumptuous
sinners, that go on still in their trespasses. If we thus sin wilfully, sin and go on in it,
there remains no sacrifice, Heb_10:26. Those that flee to Christ from their sins shall
be safe in him, but not those that expect to be sheltered by him in their sins.
Salvation itself cannot save such: divine justice will fetch them even from the city of
refuge, the protection of which they are not entitled to.
K&D, "Deu_19:11-13
But whatever care was to be taken by means of free cities to prevent the shedding
of blood, the cities of refuge were not to be asyla for criminals who were deserving of
death, nor to afford protection to those who had slain a neighbour out of hatred. If
such murderers should flee to the free city, the elders (magistrates) of his own town
were to fetch him out, and deliver him up to the avenger of blood, that he might die.
The law laid down in Num_35:16-21 is here still more minutely defined; but this does
not transfer to the elders the duty of instituting a judicial inquiry, and deciding the
matter, as Riehm follows Vater and De Wette in maintaining, for the purpose of
proving that there is a discrepancy between Deuteronomy and the previous
legislation. They are simply commanded to perform the duty devolving upon them as
magistrates and administrators of local affairs. (On Deu_19:13, see Deu_8:8 and
34
Deu_8:5.)
HAWKER, "Verses 11-13
To explain those verses upon gospel principles, we must have recourse to what was
originally said concerning murder: Genesis 9:6. There should seem from hence, to be an
open and daring attack upon the majesty of GOD himself in every instance of
premeditated murder. Blood must therefore answer for blood. But this extends only to
the punishment of the present state. In relation to the privileges of salvation by JESUS,
we know that there is redemption in his blood for all manner of sin; and even some
among the crucifiers of the LORD JESUS, were called by the apostle to the
participation of this rich mercy on the day of Pentecost. Acts 2:23; Act_2:38-39.
PULPIT, “Deuteronomy 19:11-13
These cities, however, were not to be places of refuge for murderers, for those who
from hatred and with wicked intent had slain others; if such fled to one of these cities,
they were not to be suffered to remain there; the elders of their own city were to
require them to be delivered up, that the avenger might put them to death (Numbers
35:16-33, etc.). In the earlier legislation, it is enacted that the congregation shall judge
in such matters, and that by their decision it should be determined in any case whether
the person who had slain another was to be allowed to remain in a city of refuge or be
delivered over to the avenger of blood. With this the ordinance here is not inconsistent;
the elders were not to act as judges, but merely as magistrates, to apprehend the man
and bring him to trial.
K&D, Deu_19:11-13
But whatever care was to be taken by means of free cities to prevent the shedding
of blood, the cities of refuge were not to be asyla for criminals who were deserving of
death, nor to afford protection to those who had slain a neighbour out of hatred. If
such murderers should flee to the free city, the elders (magistrates) of his own town
were to fetch him out, and deliver him up to the avenger of blood, that he might die.
The law laid down in Num_35:16-21 is here still more minutely defined; but this does
not transfer to the elders the duty of instituting a judicial inquiry, and deciding the
matter, as Riehm follows Vater and De Wette in maintaining, for the purpose of
proving that there is a discrepancy between Deuteronomy and the previous
legislation. They are simply commanded to perform the duty devolving upon them as
magistrates and administrators of local affairs. (On Deu_19:13, see Deu_8:8 and
Deu_8:5.)
PULPIT, "PULPIT, "Deuteronomy 19:11-13
Lex talionis.
The refuge provided by mercy is open to abuse. The perversity of man will poison the
streams from the heavenly fountain. But in this city of peace none shall abide except
those who have clean hands. False hopes are doomed to crushing disappointment. Even
35
from the gate of heaven there is a back way to the prison-house of hell. The man of
blood eventually destroys himself.
I. HATRED IS INGENIOUS IN ACCOMPLISHING ITS NEFARIOUS ENDS. Hatred
has an insatiable appetite. It drives a man in whom it dwells, as with a slave-master's
whip, to do its base behests. It robs him of his sleep at night, that he may lie in ambush
for some innocent victim. All day long he is driven to most odious tasks by this spirit of
mischief. Without interruption, hatred holds its busy conclave in the dark caverns of
the soul, and presses into service every faculty of the man, until it has clutched its prey.
II. THE MURDEROUS MAN FLATTERS HIMSELF THAT HE SHALL BE SAFE.
He is conscious that vengeance is in store for him. No sooner is the deed done than
cowardly fear seizes him. The righteousness of God has fleet-footed detectives in its
service. Nevertheless, cunning falsehood comes to him as the devil's comforter. Though
his hands be stained through and through with blood, he will wear gloves of innocence,
a mask of pretence. It were a [nobler thing to brave the matter out, and defy all
opposition. But this the sinner cannot do. He quails before the omniscient eye; and,
however insecure the hiding-place, he cheats himself with the hope of escape. Guilty as
his conscience affirms him to be, he seeks a place among the innocent. For the sinner no
refuge can be found. The earth shall cast him out.
III. THE POWER OF DEATH IS A SOVEREIGN FUNCTION OF THE STATE. "The
elders of his city shall send and fetch him thence." Human life is too precious to be
placed at the disposal of private revenge; therefore the chief province of the state politic
is to protect life against violence. Unbiased natures are the only proper judges of right
and wrong. Justice will speak only in the calm atmosphere of sincerity and truth. The
representative power of the whole community is the only power which fully suffices to
vindicate the claims of righteousness. This is God's vicegerent upon the earth. Hence
magistrates are described as "gods."
IV. RIGHTEOUSNESS IS NOBLER THAN PITY. There are circumstances in which
Pity must not speak—a time for her to be silent. "Thine eye shall not pity." There are
some situations in which her presence would be out of place, her action injurious. But
Righteousness must never be absent. The very atmosphere in God's kingdom is
penetrated with her vital breath. Her scepter is the scepter of God, and exerts a potent
influence over every department of human life. Righteousness is the soul's proper robe,
and without it she can nowhere fitly appear. All true prosperity is the fruit of
righteousness. It cannot go well with any nation, nor with any man, until guilt is put
away. Even compassion for others must be a righteous compassion.—D.
TRAPP, "Deuteronomy 19:11 But if any man hate his neighbour, and lie in wait for
36
him, and rise up against him, and smite him mortally that he die, and fleeth into one of
these cities:
Ver. 11. But if any man hate his neighbour.] As Cain did Abel, as Esau Jacob, as
Absalom Amnon; as Dr Story did Queen Elizabeth, whom he cursed daily in his grace
at board; (a) as Tyrone did the English, strangling some of his own men for no other
reason but because they fed on English bread; howbeit he never spake of the queen but
with honour; yea, the profane wretch styled himself cousin to God, enemy to all the
world, and friend to the Queen of England. (b)
WHEDON, "11-13. But if any man hate — The appointment of cities of refuge was a
merciful provision for the security of those who unintentionally should shed blood. The
usage in the time of Moses evidently was the carrying out rigorously the law of
retaliation. But if life had been taken without malice this provision for cities of refuge
afforded a place of escape from the avenger of blood. But they were not to be places of
refuge for murderers. They were not to protect those who had slain their fellow-men
through hatred or for gain. Such guilty ones were to be taken from the cities by the
magistrates and given up to the avenger of blood. Human life was sacred among the
Hebrews. We see how carefully it was protected, how stringent was the legislation.
Moses made provision for the protection of property also.
12 the killer shall be sent for by the town elders,
be brought back from the city, and be handed
over to the avenger of blood to die.
GILL, "Then the elders of his city shall send and fetch him thence,.... The
Targum of Jonathan is,"the wise men of his city,''the sanhedrim, or court of
judicature, or at least the civil magistrates of that city, to which such a murderer
belonged, had a power to send to the city of refuge whither he was fled, and demand
the delivering of him up to them, that his case might be tried before them, and it
might appear whether he was a proper person to receive the benefit of the city of
refuge or not, and if not, to pass sentence of death upon him, and see it executed as
follows:
and deliver him into the hand of the avenger of blood, that he may die;
that is, after the examination and trial of him, and when he is found guilty, and
sentence is passed upon him, then he was to be delivered into the hands of the
avenger of blood, to be the executioner of that sentence.
37
COFFMAN, "The thrust of this passage is to stress the policy that under no
circumstance whatever is the guilty murderer to be spared. The sole intention of the
refuge system was to make sure that no inadvertent or unintentional manslayer should
be unjustly executed as a murderer. Upon no other issue has modern civilization
blundered so extensively as upon this one. God here commanded that the murderer
should not be pitied but should be delivered up to die for his crime. Our society has
distinguished itself as a sob-sister advocate of the most ruthless murderers, weeping
oceans of tears for the CRIMINAL and none at all for his hapless VICTIMS. The
violent society which flourishes all around us is the result.
BENSON, "Deuteronomy 19:12. The elders of his city — The city of the manslayer. The
sense is, that upon any information or suspicion of murder, laid against any one that
had taken refuge in any of these cities, the magistrates of the town or district where the
fact was committed, should send for the person out of the refuge-city, bring him to a
fair trial, and, upon clear evidence of wilful murder, condemn him to death, and cause
execution to be done without fear, partiality, or affection; as they valued the divine
blessing, and desired to be free of the guilt of innocent blood, which otherwise would be
required at their hands.
13 Show no pity. You must purge from Israel
the guilt of shedding innocent blood, so that it
may go well with you.
GILL, "Then the elders of his city shall send and fetch him thence,.... The
Targum of Jonathan is,"the wise men of his city,''the sanhedrim, or court of
judicature, or at least the civil magistrates of that city, to which such a murderer
belonged, had a power to send to the city of refuge whither he was fled, and demand
the delivering of him up to them, that his case might be tried before them, and it
might appear whether he was a proper person to receive the benefit of the city of
refuge or not, and if not, to pass sentence of death upon him, and see it executed as
follows:
and deliver him into the hand of the avenger of blood, that he may die;
that is, after the examination and trial of him, and when he is found guilty, and
sentence is passed upon him, then he was to be delivered into the hands of the
avenger of blood, to be the executioner of that sentence.
38
14 Do not move your neighbor’s boundary stone
set up by your predecessors in the inheritance
you receive in the land the Lord your God is
giving you to possess.
BARNES, "As a man’s life is to be held sacred, so are his means of livelihood; and
in this connection a prohibition is inserted against removing a neighbor’s landmark:
compare the marginal references.
CLARKE, "Thou shalt not remove thy neighbor’s landmark - Before the
extensive use of fences, landed property was marked out by stones or posts, set up so
as to ascertain the divisions of family estates. It was easy to remove one of these
landmarks, and set it in a different place; and thus the dishonest man enlarged his
own estate by contracting that of his neighbor. The termini or landmarks among the
Romans were held very sacred, and were at last deified.
To these termini Numa Pompillus commanded offerings of broth, cakes, and
firstfruits, to be made. And Ovid informs us that it was customary to sacrifice a lamb
to them, and sprinkle them with its blood: -
Spargitur et caeso communis terminus agno.
Fast. lib. ii., ver. 655.
And from Tibullus it appears that they sometimes adorned them with flowers and
garlands: -
Nam veneror, seu stipes habet desertus inagris,
Seu vetus in trivio florida serta lap is.
Eleg. lib. i., E. i., ver. 11.
“Revere each antique stone bedeck’d with flowers,
That bounds the field, or points the doubtful way.”
Grainger.
It appears from Juvenal that annual oblations were made to them: -
- Convallem ruris aviti
Improbus, aut campum mihi si vicinus ademit,
Aut sacrum effodit medio de limite saxum,
Quod mea cum vetulo colult puls annua libo.
Sat. xvi., ver. 36.
“If any rogue vexatious suits advance
Against me for my known inheritance,
Enter by violence my fruitful grounds,
39
Or take the sacred landmark from my bounds,
Those bounds which, with procession and with prayer
And offer’d cakes, have been my annual care.”
Dryden.
In the digests there is a vague law, de termino moto, Digestor. lib. xlvii., Tit. 21, on
which Calmet remarks that though the Romans had no determined punishment for
those who removed the ancient landmarks; yet if slaves were found to have done it
with an evil design, they were put to death; that persons of quality were sometimes
exiled when found guilty; and that others were sentenced to pecuniary fines, or
corporal punishment.
GILL, "Thou shalt not remove thy neighbour's landmark,.... By which one
man's land is distinguished from another; for so to do is to injure a man's property,
and alienate his lands to the use of another, which must be a very great evil, and
render those that do it obnoxious to a curse, Deu_27:17.
which they of old have set in thine inheritance, which thou shall inherit
in the land that the Lord thy God giveth thee to possess it; the land of
Canaan: this is thought to refer to the bounds and limits set in the land by Eleazar
and Joshua, and those concerned with them at the division of it; when not only the
tribes were bounded; and distinguished by certain marks, but every man's estate, and
the possession of every family in every tribe which though not as yet done when this
law was made, yet, as it respects future times, might be said to be done of old,
whenever there was any transgression of it, which it cannot be supposed would be
very quickly done; and it is a law not only binding on the inhabitants of the land of
Canaan, but all others, it being agreeably to the light and law of nature, and which
was regarded among the Heathens, Pro_22:28.
HENRY, "Deuteronomy 19:14
Here is a statute for the preventing of frauds and perjuries; for the divine law takes
care of men's rights and properties, and has made a hedge about them. Such a friend
is it to human society and men's civil interest.
I. A law against frauds, Deu_19:14. 1. Here is an implicit direction given to the first
planters of Canaan to fix land-marks, according to the distribution of the land to the
several tribes and families by lot. Note, It is the will of God that every one should
know his own, and that all good means should be used to prevent encroachments and
the doing and suffering of wrong. When right is settled, care must be taken that it be
not afterwards unsettled, and that, if possible, no occasion of dispute may arise. 2. An
express law to posterity not to remove those land-marks which were thus fixed at
first, by which a man secretly got that to himself which was his neighbour's. This,
without doubt, is a moral precept, and still binding, and to us it forbids
The invading of any man's right, and taking to ourselves that which is not our own,
by any fraudulent arts or practices, as by forging, concealing, destroying, or altering
deeds and writings (which are our land-marks, to which appeals are made), or by
shifting hedges, meer-stones, and boundaries. Though the land-marks were set by
the hand of man, yet he was a thief and a robber by the law of God that removed
40
them. Let every man be content with his own lot, and just to his neighbours, and then
we shall have no land-marks removed. (2.) It forbids the sowing of discord among
neighbours, and doing any thing to occasion strife and law-suits, which is done (and
it is very ill done) by confounding those things which should determine disputes and
decide controversies. And, (3.) It forbids breaking in upon the settled order and
constitution of civil government, and the altering of ancient usages without just
cause. This law supports the honour of prescriptions. Consuetudo facit jus - Custom
is to be held as law.
JAMISON, "Deu_19:14. The landmark is not to be removed.
Thou shalt not remove thy neighbour’s landmark, which they of old
have set in thine inheritance — The state of Palestine in regard to enclosures is
very much the same now as it has always been. Though gardens and vineyards are
surrounded by dry-stone walls or hedges of prickly pear, the boundaries of arable
fields are marked by nothing but by a little trench, a small cairn, or a single erect
stone, placed at certain intervals. It is manifest that a dishonest person could easily
fill the gutter with earth, or remove these stones a few feet without much risk of
detection and so enlarge his own field by a stealthy encroachment on his neighbor’s.
This law, then, was made to prevent such trespasses.
CALVIN, "A kind of theft is here condemned which is severely punished by the laws of
Rome; (105) for that every one’s property may be secure, it is necessary that the land-
marks set up for the division of fields should remain untouched, as if they were sacred.
He who fraudulently removes a landmark is already convicted by this very act, because
he disturbs the lawful owner in his quiet possession of the land; (106) whilst he who
advances further the boundaries of his own land to his neighbor’s loss, doubles the
crime by the deceptive concealment of his theft. Whence also we gather that not only
are those thieves, who actually carry away their neighbor’s property, who take his
money out of his chest, or who pillage his cellars and granaries, but also those who
unjustly possess themselves of his land.
COFFMAN, ""Which they of old time have set ..." Moses is here speaking of the
landmarks that already existed in Canaan at the time he spoke and before Israel had
even entered the land. Wright and others misunderstand the passage totally, affirming
that "they of old time," is a reference to the early fathers of Israel who established
landmarks when the land was divided, and that, therefore, this passage is "an
indication that the author is living at a considerably later time,"[10] than the times of
Moses. Such allegations are without any merit whatever. This verse is parallel to
Deuteronomy 19:1-13, where the ancient customs of "blood revenge" are incorporated,
with certain precautions, into the law of Israel. This verse means that, upon entering
Canaan, the ancient landmarks already there will continue to be honored as recognized
boundaries.
The big thing in this, of course, is the right of property. The collectivist deceivers of our
generation have attempted to make mileage out of their lying cliche that, "We stress
people rights versus property rights!" But the glaring truth is that there are never any
PEOPLE rights unless also there are PROPERTY rights. Property is the ability to
maintain and support life, and there has never been discovered by any human society
41
any way to get rid of property rights. In the communist lands, property has been
confiscated and monopolized by the state, but that does not get rid of PRIVATE
PROPERTY. One may reduce private property to a slip of paper authorizing one to
stand in line, change his address, receive food, or anything else, but then that piece of
paper becomes private property, without which its owner cannot live. The true religion
has always recognized the rights of private property, with the precautionary truth that
all property is "owned" by the children of God as "stewards of God's grace," and that
they are responsible for its use in some manner pleasing to God. The Decalogue clearly
recognizes the right and the responsibility of private property.
The moving of "landmarks" envisioned in this verse refers to the stealing of another's
land by moving the boundary, and, historically, all lands had established landmarks by
which the transfer of lands from person to person and from generation to generation
was protected. Moses was not here speaking of boundaries that would be set up for the
first time by Israelites. As Alexander said, "The law here was given while Israel was yet
outside of Canaan,[11] and "they of old time," cannot possibly refer to Israelites who
would set up landmarks after entering the promised land.
"This kind of law was known to the Greeks, their landowners being protected by Zeus
Horios; Latin landholders were protected by the Roman God Terminus, in whose honor
the annual festival of Terminalia was held. The rights of private property and the
passing of heritage are presupposed in Deuteronomy. But this right, in every age, is
derived from society, and those who enjoy the right should never forget the duty to
society which the possession of such rights imposes upon the owners of private
property."
BENSON, "Deuteronomy 19:14. Thou shalt not remove thy neighbour’s land-mark —
Having provided for the preservation of the lives of innocent persons against such as
might be disposed to take them away, he proceeds to give a charge for securing every
man’s right and property in other matters; and especially forbids all encroachments
upon boundaries of lands and estates. Josephus considers this as a prohibition, not only
against removing any land-mark of an Israelite, but also any that might distinguish
their territories from those of any of the neighbouring nations, with whom they might
be at peace, the breaking in upon these bounds being generally the occasion of wars and
insurrections, which arise from the covetousness of men, who would thus fraudulently
enlarge their possessions.
CONSTABLE, "Witnesses 19:14-21
The previous pericope alluded to the need for witnesses, and this one explains their role.
A common cause of hostility between individuals that sometimes led to homicide was a
failure to agree on common boundaries and to respect property rights (cf. 1 Kings
21:1-26; 1 Kings 22:37-38). [Note: Kaufman, p. 137.] In the ancient world boundary
markers protected the property rights of individuals (Deuteronomy 19:14). Many
nations as well as Israel regarded them as sacred. Stones several feet high marked the
boundaries of royal grants. [Note: Kline, "Deuteronomy," p. 182.] The Romans later
executed people who moved boundary markers. [Note: Keil and Delitzsch, 3:399.]
Tribal boundaries were particularly significant in the Promised Land because Yahweh,
42
the owner of the land, determined them.
In Israel judges assumed a person was innocent until proven guilty. Deuteronomy
19:15-21 explain what they were to do if they suspected some witness of giving false
testimony. Normally at least two witnesses were necessary (Deuteronomy 17:6), but
sometimes there was only one. In such a case the trial moved to the supreme court at
the tabernacle (Deuteronomy 19:17; cf. Deuteronomy 17:8-13). False witnesses received
the punishment they sought to bring on the persons they falsely accused (Deuteronomy
19:19;J. Fisher, "Lex Talionis in the Bible and Rabbinic Tradition," Journal of
Ecumenical Studies 19:3 (Summer 1982):582-87.] God here extended to all criminals
the safeguards formerly guaranteed to capital offenders. Jesus did not deny the validity
of this principle for the courtroom, but He forbade its application in interpersonal
relationships (Matthew 5:38-42).
God's concern for His people's lives, possessions, and reputations stands out in this
chapter.
ELLICOTT, "(14) Thou shalt not remove thy neighbour’s landmark.—Another law
manifestly appropriate here, where it appears for the first time, like the “field” in the
tenth commandment (Deuteronomy 5:21). But the immediate connection is not obvious.
Perhaps the idea is to caution the people to avoid a most certain incentive to hatred and
murder. Ancient landmarks are also important and almost sacred witnesses.
They of old time.—The first dividers of the land. There is no idea of antiquity about the
expression.
LANGE, " Deuteronomy 19:14. It is characteristic for the Mosaic view of the wife as a
possession, that the discourse passes over the seventh command, and in Deuteronomy
19:14 comes on the contrary to speak of the eighth command, from the point of view of
the sixth command, i.e., of the earthly life. Thus light is thrown upon the eighth
command from the application of the sixth; significant both for Deut. and for the total
view of the law.—Each district, as it comes into your inheritance, with thy neighbors as
with thine own, is thus connected with the family life, and comprises its livelihood; the
lessening or disturbance of these limits is simply a question of existence therefore. The
possession, particularly the landed, is the ground which yields to man its produce for
his support. Thus it shares in the sacredness of life, which is preserved by it; entirely
like Deuteronomy 20:19-20. The penalty of the offence is hinted, Deuteronomy 27:17.
They of old. Schroder, predecessors. Either in time, and thus also in succession, or in
honor, the leaders. What the first possessors, the fathers, Joshua and the renowned
elders, determined, should be observed down to the most distant future. Comp. still
upon Deuteronomy 19:3 and Intro, § 4, I:17. [They of old time, is an unfortunate
rendering, as it seems to imply a long residence in Canaan, when this direction was
given. The original contains no such intimation. It is the heads, chiefs. Vulg, priores.
The immediately following clauses make it clear that the direction was given while the
land was not yet in possession.—A. G.].
PULPIT, “To the ordinance concerning cities of refuge Moses appends one prohibiting
the removing of landmarks; if these had been placed by a man's ancestors to mark the
boundaries of possessions, they were not to be surreptitiously altered. Landmarks were
43
held sacred, and a curse is pronounced against those who remove them (Deuteronomy
27:7; cf. Job 24:2; Proverbs 22:28; Proverbs 23:10; Hosea 5:10). Among other nations
also landmarks were regarded as sacred.
Deuteronomy 19:14
They of old time; i.e. those of a former age. The word does not necessarily imply that
the age described as "former" was removed at a great distance in the past; it might
designate men of the immediately preceding age. The LXX. have here ‫ן‬̔‫י‬‫נבפ‬́‫ו‬‫סוע‬ , and the
Vulgate priores. That the law here given was uttered whilst Israel was yet outside of
Canaan, is evident from what follows in this verse.
TRAPP, "Deuteronomy 19:14 Thou shalt not remove thy neighbour’s landmark, which
they of old time have set in thine inheritance, which thou shalt inherit in the land that
the LORD thy God giveth thee to possess it.
Ver. 14. Thy neighbour’s landmark, which they of old, &c.] Erasmus met with an
adversary so silly, as to object unto him this text against the new translation of the New
Testament: Quasi per terminos, voces intellexisset Spiritus Sanctus atque huius legis
violatae illi postulari possent, qui mutant rerum vocabula, (a) Whereas by terms or
"landmarks" hero are clearly meant bounds, borders, limits, whereby every man’s
inheritance was severed.
PULPIT, "Deuteronomy 19:14
Caution against fraud.
Nothing that concerns man's welfare and joy is beneath God's care. The vast extent of
his kingdom hinders not his guardianship ever every minute interest of his creatures.
Even landmarks, boundary stones, are under his protection.
I. GOD IS TO BE RECOGNIZED AS THE ABSOLUTE PROPRIETOR OF ALL
THINGS. As the Creator and Upholder of the universe, he has supreme claim to this
solid globe. "The earth is the Lord's" Nor has he ever parted with his rightful claim, for
he keeps the globe hourly in existence, and so continually proclaims his control over it.
It is his gift to men, not in the sense that he has transferred all his rights to others, but
only in the sense that we were unable to purchase from him. We hold every possession
from him in trust, and are bound by such terms and conditions as his will may impose.
II. IT IS GOD'S WILL THAT LAND SHOULD BE DISTRIBUTED AS PERSONAL
ESTATE. Although evils result from the division of the land into personal property,
greater evils would result from communal or indiscriminate possession. The fields
would not be well cultured. The land would not yield her prolific plenty. Dispute and
strife would be the chronic state of society. Personal property is essential to healthy life
in the State. Yet men are stewards, and not absolute proprietors.
44
III. BOUNDARY LINES BETWEEN OUR OWN AND OTHER'S POSSESSIONS ARE
TO BE SCRUPULOUSLY RESPECTED. The arrangements of personal property offer
a fine field for self-restraint, as well as for neighborly kindness. If we had been destitute
of all possessions, we should be denied the enjoyment of helping others. A man who has
regard for the health of his own soul, will not remove his neighbor's landmarks by so
much as a single inch. He will rather lose a pound than take by fraud a penny. This
Divine command is but a tiny branch springing out of the root principle, "Thou shalt
love thy neighbor as thyself."—D.
SUTCLIFFE, "Deuteronomy 19:14. Thou shalt not remove thy neighbour’s landmark.
This prohibition was salutary in preserving the public peace; it also extended to the
removal of the boundaries between the tribes, as fixed by Joshua; and Josephus adds,
the boundaries of the neighbouring nations. Ah, how many are the boundaries which
the divine legislator was obliged to fix against the avarice and covetousness of man.
WHEDON, "14. Thou shalt not remove thy neighbour’s landmark — Among the
Romans boundaries were placed under the protection of a special deity — Terminus;
and the severest penalty was visited upon the one who removed a landmark defining
property. So among the Assyrians there were evidently the most stringent provisions
for the security of landed rights. On a stone found on the western side of the Tigris,
which George Smith thought was of the date 1340 B.C., is an inscription of a grant of
land made by Merodach-Baladan to one of his officers. On the back of the stone is a
rudely carved picture of the deities invoked to protect the property, and to punish any
who should remove the boundary-stone. The inscription closes with curses upon any
who should injure or remove the stone. See Records of the Past, vol. ix, p. 29. Compare
also Deuteronomy 27:17, where among the curses to be pronounced on Mount Ebal is
one against him who removeth his neighbour’s landmark. Comp. also Hosea 5:10; Job
24:2; Proverbs 22:28; Proverbs 23:10.
They of old time — This is not a suitable translation of the Hebrew word. The Vulgate
has priores. Schroeder renders it predecessors. We prefer to consider it as explained by
Joshua 14:1, where we learn that Eleazar the priest and Joshua and the heads of the
tribes distributed the land on the west of Jordan. We understand the term rendered
they of old time in our version to mean the heads of the tribes, who, after the general
division of the land to the tribes, subdivided each tribal division to the several families.
The expression, then, by no means implies that the land had been long occupied by the
Israelites.
K&D, "The prohibition against Removing a Neighbour's Landmark, which his
ancestors had placed, is inserted here, not because landmarks were of special
importance in relation to the free cities, and the removal of them might possibly be
fatal to the unintentional manslayer (as Clericus and Rosenmüller assume), for the
general terms of the prohibition are at variance with this, viz., “thy neighbour's
landmark,” and “in thine inheritance which thou shalt inherit in the land;” but on
account of the close connection in which a man's possession as the means of his
support stood to the life of the man himself, “because property by which life is
supported participates in the sacredness of life itself, just as in Deu_20:19-20,
45
sparing the fruit-trees is mentioned in connection with the men who were to be
spared” (Schultz). A curse was to be pronounced upon the remover of landmarks,
according to Deu_27:17, just as upon one who cursed his father, who led a blind man
astray, or perverted the rights of orphans and widows (cf. Hos_5:10; Pro_22:28;
Pro_23:10). Landmarks were regarded as sacred among other nations also; by the
Romans, for example, they were held to be so sacred, that whoever removed them
was to be put to death.
BI, "Thou shalt not remove thy neighbour’s landmark.
Ancient landmarks removed
Stones indicating boundaries might easily be removed. Ditches could be secretly
levelled. This would materially affect property, and be a great evil in land where
territory was distributed by lot. Removal would be—
I. To disregard ancient custom. “They of old have set,” with care and justice. “Custom
is held as law.” Fixed law and fixed boundaries should he respected. But many scorn
ancient landmarks as relics of bygone days. Impatient of restraint, they seek wider
range of thought and action, indulge in novelties, and cry, Down with temples, and
away with creeds and the Bible!
II. To violate the law of God. Heathen nations held every landmark as sacred. God, as
the proprietor of all the earth, set bounds for Israel, allotted their lands which they
held in trust, and bound them in terms imposed by His will (Deu_27:17). Hence
removal of landmarks is violation of His command, and direct insult to His authority.
III. To defraud our neighbour. Landmarks were witnesses of the rights of each man.
Removal was selfish and unjust invasion of property. To enlarge your own estate at
the expense of your neighbour’s is theft. Each one should know his own, and not
defraud another by concealment, forgery, or robbery. “Thou shalt not defraud thy
neighbour, neither rob him” (Lev_19:13; Mar_10:19; 1Th_4:6).
IV. To expose to a dreadful curse. The execration of men is something, but who can
bear the curse of God? The field of the fatherless is under Almighty protection. The
poor may seem helpless, but special warning is given against their oppression.
“Remove not the old landmark, and enter not into the fields of the fatherless” (by acts
of violence or removal of boundaries), “for their Redeemer is mighty to vindicate
outraged innocence” (Pro_23:10-11). This in after times was the great affront of
national provocation (Hos_5:10). (J. Wolfendale.).
Witnesses
15 One witness is not enough to convict anyone
accused of any crime or offense they may have
committed. A matter must be established by the
46
testimony of two or three witnesses.
GILL, "One witness shall not rise up against a man for any iniquity, or for
any sin, in any sin that he sinneth,.... Whether capital sins, or pecuniary debts;
or whatsoever sins a man may be guilty of whether sins against the first or second
table of the law, whether greater or lesser sins, whether in moral or civil things; the
Jews except only in the case of a woman suspected of adultery and of beheading the
heifer:
at the mouth of two witnesses, or at the mouth of three witnesses, shall
the matter be established; either for acquittance or condemnation; and the
witnesses may not, as Jarchi says, write their testimony in a letter, and send it to the
sanhedrim, nor may an interpreter stand between the witnesses and the judges; See
Gill on Deu_17:6.
JAMISON, "Deu_19:15. Two witnesses required.
One witness shall not rise up against a man for any iniquity — The
following rules to regulate the admission of testimony in public courts are founded
on the principles of natural justice. A single witness shall not be admitted to the
condemnation of an accused person.
COFFMAN, "Here are the instructions regarding witnesses. Paramount in this
connection is that nothing shall be decided upon the testimony of a single witness.
Christ himself appealed to this principle, pointing out that John the Baptism was a
witness of Himself, that the Father in heaven was another witness, that the very works
which Christ did constituted a witness, and that He of necessity bore witness of himself,
being indeed "The Light of the World," because, in the very nature of light, it must
bear witness of itself!
"One witness shall not rise up against a man ..." Orlinsky stated that a better rendition
of this clause is, "One witness shall not validate any matter against another."[13]
"Diligent inquisition ..." (Deuteronomy 19:18). "This was to be no resort to ordeal, as in
the customs of legal practice among Israel's neighbors."[14] As a matter of fact, the
Jewish judges became very skilled in carrying on such inquisitions, and they learned
how to grill and cross-examine witnesses in such a manner as to expose the pretensions
of false witnesses. For example, there is the legendary example of Daniel who exposed
two false witnesses who conspired to condemn a Jewish maiden for adultery, when, as a
matter of fact, it was merely their attempt to vent their hatred against the maiden who
stubbornly refused to commit adultery with either one of them. They had accused her
of this crime which allegedly was committed under a tree. Daniel separated the
witnesses, asked them, by turns, what kind of tree it was, and when their testimony did
not agree, procured the condemnation of both the accusers!
Deuteronomy 19:21 is commonly called the "Lex Talionis," but as Blair wrote: "Eye for
eye justice, while not in good repute among most Christians, was actually an attempt to
limit vengeance to equitable proportions."[15] Under the law of the jungle, vengeance
47
was multiplied a hundred times against any offender unfortunate enough to experience
it. "If you knock out one of my eyes, I'll knock out both of yours, your teeth also, and
bash in your head and kill your wife and all your children." It is against that
background that we should read the beauty and glory of all of these Divine laws. Also,
such a conception was doubtless a help to judges who found in the role some suggestion
of what constituted a just penalty for a given transgression. Christ's own teachings
regarding this are found in Matthew 5:38-42, where is laid down the principle that
individuals should not seek to retaliate against offenders, but "turn the other cheek, go
the second mile, give the cloak also."
BENSON, "Deuteronomy 19:15-17. One witness shall not rise up — Or, be established,
as the same word is rendered in the end of the verse; that is, shall not be accepted or
owned as sufficient. If a false witness rise up — A single witness, though he speak truth,
is not to be accepted for the condemnation of another man; but if he be convicted of
bearing false witness, it is sufficient for his own condemnation. Both the men shall
stand before the Lord — That is, shall come to the supreme court, which consisted
partly of priests, and partly of other great persons, who, it seems, in Moses’s time, sat at
the door of the tabernacle, and so the men, in standing before them, might properly be
said to stand before the Lord.
ELLICOTT, "Deuteronomy 19:15-21. FALSE TESTIMONY.
The law of retaliation is sternly laid down here; but it must be administered by the
judges, not by men acting on their own behalf.
(17) Both the men . . . shall stand before the Lord, before the priests and the judges.—
This appears to mean that all cases of suspected false testimony were to go before the
supreme court (see Deuteronomy 17:9); that the matter was not to be lightly decided.
(21) Eye for eye, tooth for tooth.—This is to be effected by the award of the judges, not
as a matter of private revenge. But manifestly it rests with the injured party to press
the case.
HAWKER, "Verses 15-20
The wisdom of those laws is too obvious to need a comment; they have been already
noticed: Numbers 35:30. But what a sweet thought is it to the believer's experience, that
in divine things there are the Holy Three which bear record in heaven, and there is the
evidence of three which carry a corresponding testimony to his heart; namely, the
HOLY GHOST as the first great witness in the spirits of his people; his sacred word as
the second; and the believer's heart as the third, in which the evidence is given; and all
these three agree in one, in their united testimony to the truth as it is in JESUS. 2
Corinthians 13:1.
LANGE, " Deuteronomy 19:15-21. A similar illumination of the ninth command from
the sixth. In the first place, the importance of the witnesses before the court, in regard
to the life of a neighbor, is established by this, that the testimony of one was not
sufficient for condemnation. Numbers 35:30. Deuteronomy 19:15. ‫וֹן‬ָ‫ﬠ‬ perverseness,
wrong, guilt; as sin is a deviation from the right, from the law. ְ‫ל‬ denotes the reference
48
generally. ְ‫ב‬ the concrete case. Comp. Deuteronomy 17:6. In the second place, in the
special case of “false witness,” Moses places life for life, in any case the like punishment.
Deuteronomy 19:16. Treats a peculiar case; a witness of violence, who will do violence
to his neighbor by his testimony, ‫ָה‬‫נ‬ָ‫ﬠ‬ designates both the beginning and the reply in
conversation, hence; to answer before the court in regard to any falling away (comp.
Deuteronomy 13:6; Deuteronomy 17:7) from God, or the law. The suspicion against the
witness has been proven in the lower court, as the Talmud understands ‫ה‬ ָ‫ר‬ ָ‫ס‬ of a case
which was far off from the witness, strange to him, since he cannot prove his presence
at it. Deuteronomy 19:17. Comp. Deuteronomy 17:8 sq, an example of the causes which
were difficult or hard. [Both the men, the parties to the original suit. Before Jehovah
cannot be, as Knobel, the lower court. The false witness was borne in the court below,
and now comes before the supreme court at the sanctuary.—A. G.]. Deuteronomy 19:18
as Deuteronomy 13:15. Deuteronomy 19:20. Comp. upon Deuteronomy 13:12
( Deuteronomy 17:13). It is not the punishment as such, which is the means of alarm,
but that before Jehovah the purpose, is as the deed ( Deuteronomy 19:19) and generally
the decided earnestness of the lextalionis, as it is solemnly and impressively announced
in Deuteronomy 19:21. ( Exodus 21:23 sq.; Leviticus 24:19 sq.). The rest as in
Deuteronomy 19:13.
PULPIT, “To secure against injury to life or property through inadequate or false
attestation, it is enacted that more than one witness must appear before anything can be
established; and that, should a witness be found on trial to have testified falsely against
his neighbor, he was to be punished by having done to him what he thought to have
done to his neighbor (cf. Deuteronomy 17:6; Numbers 35:30).
Deuteronomy 19:15
The rule in Deuteronomy 17:6, regarding accusations of idolatry, is here extended to
accusations of every kind before a court of justice; a single witness was not to be
admitted as sufficient to convict a man of any offence, either civil or criminal.
PULPIT, "Deuteronomy 19:15-21
Bulwark against perjury.
"The tongue is an unruly member, and cannot easily be restrained." Private slander is
base enough, but its basest utterance is when, in the sacred halls of justice, it swears
away a man's reputation or his life. It is doubtful if a deed so black is done in hell.
I. PERJURY IS SO COMMON AS TO NECESSITATE A PUBLIC STIGMA ON
HUMANITY. "One witness shall not rise up against a man." If every man had been
known as truthful, the testimony of one witness on any accusation would be ample. The
narration of one eye-witness or ear-witness ought to be enough. For a truthful man
would always speak within the limits of truth, and would promptly express his doubt, if
49
certainty could not be reached. But the common experience of humanity has been that
the bulk of men will prevaricate and conceal the truth, even under the solemn sanction
of an oath. Hence it has been found wise to condemn no man judicially, unless more
than one witness can be found. Cumulative evidence is required to obtain a valid
sentence. This can be interpreted in no other way than a public testimony to the
depravity of man. The prisoner obtains the benefit.
II. PERJURY IS A CRIME, TO BE TRIED IN THE HIGHEST COURT OF THE
REALM. The accused and the accuser in such a case shall "stand before the Lord."
This is not so much a sin against man as a sin against God. The sacred person of Truth
has been publicly violated, and the wisest and holiest in the land are commissioned by
God to be the judges. As often as we violate the truth, we insult the God of truth, and
stand before God for judgment. Hence it is of the first importance that we cultivate
truthfulness in our thoughts and in our speech.
III. IN PROPORTION TO THE GRAVITY OF THE CHARGE SHOULD BE THE
THOROUGHNESS OF THE SCRUTINY. Although we may expect to know the will of
God in any particular ease by laying our own minds open to the action of God's Spirit,
we are still bound to pursue the most diligent and thorough inquiry. God rewards, not
the indolent, but the patient searcher after truth. He that does the truth will discover
the truth. "God helps those who help themselves."
IV. INTENDED MISCHIEF IS TREATED AS ACTUAL CRIME. The character and
quality of a deed depend upon the moral intention. Whether the intention becomes an
overt act will often depend upon outward opportunity and circumstance. But God sees
the incipient motive and purpose; in his court, judgment passes upon the offender.
Human courts are to be, as far as possible, copies of the court of heaven. Hence the
perjured witness, who seeks to visit judicial penalties upon the head of the innocent, is
himself as guilty as if his base project had succeeded. "Into the pit which he had digged
for another he shall fall himself." The gallows which Haman prepared for Mordecai,
served for his own doom. This is God's law of retribution.
V. THE END SOUGHT IN THIS JUDICIAL EXECUTION IS THE PUBLIC GOOD.
The sacrifice of one life is intended to bring advantage to the many. The moral effect is
most precious, viz. regard for righteousness—public abstinence from crime. Every man
should be filled with this patriotic sentiment—the higher virtue of the nation. We may
do good in our circle, either intensively on the minds of a few, or extensively on the
minds of the many. In doing good to others we do good to ourselves. "We are members
one of another."—D.
TRAPP, "Deuteronomy 19:15 One witness shall not rise up against a man for any
50
iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at
the mouth of three witnesses, shall the matter be established.
Ver. 15. One witness shall not rise up.] Yet, if this one be a faithful witness, Mαρτυς δε
πιστος, και εις χρησιμος, saith Aristotle; (a) one faithful witness in some case may
suffice, in private offences howsoever: and that our Saviour speaketh of such, [Matthew
18:19] Basil and others are of opinion; if thy brother, a Jew, shall trespass against thee,
being a Jew, right thyself by degrees. (1.) Deal with him fraternally, "tell him his fault
betwixt thee and him alone"; [Matthew 18:15] (2.) Deal with him legally, "take with
thee one or two more"; [Deuteronomy 19:15] (3.) Deal with him Jewishly; "tell the
Church," [Deuteronomy 19:17] complain to the Sanhedrim; (4.) If he shall neglect to
hear them, deal with him heathenishly, i.e., " let him be unto thee as a heathen and a
publican"; make benefit of Roman sovereignty, let Caesar’s justice end the difference
between you. (b)
16 If a malicious witness takes the stand to
accuse someone of a crime,
BARNES, "Testify against him that which is wrong - Margin, more literally,
“a falling away.” The word is used Deu_13:5 to signify apostasy or revolt; here it is no
doubt to be understood in the wider sense of any departure from the Law.
GILL, "If a false witness rise up against any man,.... In a court of judicature:
to testify against him: that which is not true of him, let it be in what case it will;
Aben Ezra instances in idolatry, but it holds good of any other.
JAMISON, "Deu_19:16-21. Punishment of a false witness.
But if convicted of perjury, it will be sufficient for his own condemnation, and his
punishment shall be exactly the same as would have overtaken the object of his
malignant prosecution. (See on Exo_21:23; see also Lev_24:20).
CALVIN, "16.If a false witness rise up against any man. Because the fear of God does
not so prevail in all men, as that they should voluntarily abstain from the love of
slander, God here appoints the punishment to be inflicted for perjury: for political laws
are enacted against the ungodly and disobedient, in order that those who despise God’s
judgment should be brought before the tribunal of men. Although perjury is not here
ordained to be tried before the judges, unless there should be an accuser, who should
51
complain that he had been unjustly injured by false-witness, still reason dictates, that if
any man have been condemned to death by false-witnesses, the judges should not
hesitate to make an official inquiry into the matter. Yet, inasmuch as men are generally
disposed to assert their own innocence, God has deemed it sufficient to put the case,
that if any complaint should be lodged, the judges should diligently investigate it, and if
the crime be proved, should inflict the punishment of retaliation (talionis.) Whence it
appears that false-witnesses and murderers stand in the same light before God. By
commanding that the inquiry should be made not only by the judges, but also by the
priests, as if God Himself were present, He shews that He requires unusual diligence to
be used; because a secret crime is not easily detected without the most anxious care.
COKE. "Ver. 16. To testify against him that which is wrong— That is, to accuse
him, to lay any crime to his charge. Houbigant tenders it very properly, ut eum
criminis accusat: that he may accuse him of a crime: and as the detection of a
false witness was extremely difficult, the most diligent and exact inquiry was to
be made by the priests and judges, ver. 17, 18. Some of the most excellent of our
English laws are grounded upon this law; as that of the thirty-seventh of Edward
III. chap. 18 which ordains, that "all they who make suggestion, shall be sent
with the same suggestion before the chancellor, treasurer, &c. and his grand
counsel; and that they there find surety to pursue their suggestions; and incur
the same pain which the other should have had, if he were attainted, in case that
his suggestions be found evil," &c. And in the thirty-eighth of the same reign,
chap. 9 it is enacted, "That if he that maketh complaint, cannot prove his intent
against the defendant, in the same article, he shall be commanded to prison,
there to abide till he hath made gree to the party of his damages, and of the
slander that he hath suffered upon such occasion, and after shall make fine and
ransom to the king.”
PULPIT, “To testify against him that which is wrong; literally, to testify against
him defection, i.e. from the Law of God. The speaker has apparently in view here
all such defections from the Law as would entail punishment on the convicted
offender. In Deuteronomy 13:5 (6), indeed, the crime described here as "that
which is wrong" (margin, "falling away") is specially the crime of apostasy to
idolatry; but the word ( ‫ה‬ ָ‫ר‬ָ‫ס‬ ), though usually expressing apostasy from Jehovah,
has properly the general sense of a deflection from a prescribed course (from ‫,סוּר‬
to go off, to go aside), and so may describe any departure from what is
constituted right.
PULPIT, “Deuteronomy 19:16-21
False witness.
God's brand is here placed upon the crime of false witness. It was to be severely
punished. Every one is interested in the suppression of such a crime-the parties
whose interests are involved, society at large, the Church, the magistracy, God
52
himself, of one of whose commandments (the ninth) it is the daring violation. The
rules here apply primarily to false witness given in courts of justice, but the
principles involved may be extended to all forms of the sin.
I. FALSE WITNESS IS IN GOD'S SIGHT A GREAT EVIL.
1. It indicates great malevolence.
2. It is grievously unjust and injurious to the person wrongfully accused.
3. It is certain to be taken up and industriously propagated.
A calumny is never wholly wiped out. There are always found some evil-speaking
persons disposed to believe and repeat it. It affixes a mark on the injured party
which remains on him through life.
II. FALSE WITNESS ASSUMES MANY FORMS. It is not confined to law
courts, but pervades private life, and appears in the way in which partisans deal
with public men and public events. Persons of a malicious and envious
disposition, given to detraction, can scarcely avoid it—indeed, live in the element
of it. Forms of this vice:
1. Deliberate invention and circulation of falsehoods.
2. Innuendo, or suggestio falsi.
3. Suppression of essential circumstances—suppressio veri.
4. The distortion or deceitful coloring of actual facts.
A lie is never so successful as when it can attach itself to a grain of truth—
"A lie that is all a lie may be met and fought with outright;
But a lie that is part of a truth is a harder matter to fight."
III. THE FALSE WITNESS BORNE BY ONE AGAINST ANOTHER WILL
BE EXPOSED AT GOD'S JUDGMENT SEAT. The two parties—he who was
accused of bearing false witness and he who alleged himself to be injured by it—
were required to appear before the Lord, and to submit their cause to the priests
and judges, who acted as his deputies (Deuteronomy 19:17). It was their part to
make diligent inquisition, and, if the crime was proved, to award punishment
(Deuteronomy 19:18, Deuteronomy 19:19). The punishment was to be on the
principle of the lex talionis (Deuteronomy 19:19-21). So, at Christ's judgment
seat, the person who has long lain under an undeserved stigma through the false
witness of another may depend on being cleared from wrong, and the wrong-
doer will be punished (Colossians 3:25). Meanwhile, it is the duty of every one to
see to the punishment of this crime, not only in cases of actual perjury, But in
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every form of it, and not only by legal penalties, but—which is the only means
that can reach every case—by the emphatic reprobation of society, and, where
that is possible, by Church censures.—J.O.
WHEDON, "16. A false witness — The general treatment of the subject of
bearing false witness is found in the earlier legislation. See Exodus xxiii, 1-3;
Leviticus 19:15-18. But no penalties are assigned to particular cases. Here Moses
allows the lex talionis — the law of retaliation — to be applied to those who
through malice endeavour to wrong the innocent.
To testify… that which is wrong — The Hebrew word which is here rendered
wrong is sometimes used with the significance of apostasy. It is here used in a
more extended sense for any violation of law. We might translate the expression
to testify against his departure — that is, from the law of Jehovah.
17 the two people involved in the dispute must
stand in the presence of the Lord before the
priests and the judges who are in office at the
time.
BARNES, "Both the men, between whom the controversy is - Not the
accused and the false witness, but the plaintiff and defendant (compare Exo_23:1)
who were summoned before the supreme court held, as provided in Deut. 17, at the
sanctuary. The judges acted as God’s representative; to lie to them was to lie to Him.
GILL, "Then both the men between whom the controversy is,.... The man
that bears the false witness, and the man against whom it is borne:
shall stand before the Lord; as in the presence of him, the omniscient God, and
as represented by judges and civil magistrates, whose vicegerents they are; so it
seems to be explained in the next words, which are exegetical of these:
before the priests and the judges which shall be in those days; which shall
compose the sanhedrim, or court of judicature; and this seems to confirm it, that by
priest and judge, in Deu_17:9 are meant priests and judges; Jarchi says, this
Scripture speaks of witnesses, that is, of the false witness that testifies wrong against
a man, and another that contradicts his testimony, and teaches that there is no
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witness by women; and so it is elsewhere said (a), an oath of witness is made by men,
and not by women; on which it is observed (b) that a woman is not fit to bear
witness, as it is written:
then both the men,.... men and not women; and the above writer remarks further,
that it teaches that they ought to bear testimony standing.
HENRY, "The person wronged or brought into peril by the false testimony is
supposed to be the appellant, Deu_19:17. And yet if the person were put to death
upon the evidence, and afterwards it appeared to be false, any other person, or the
judges themselves, ex officio - by virtue of their office, might call the false witness to
account. (3.) Causes of this kind, having more than ordinary difficulty in them, were
to be brought before the supreme court, The priests and judges, who are said to be
before the Lord, because, as other judges sat in the gates of their cities, so these at the
gate of the sanctuary, Deu_17:12.
K&D, "The two men between whom the dispute lay, the accused and the witness,
were to come before Jehovah, viz., before the priests and judges who should be in
those days - namely, at the place of the sanctuary, where Jehovah dwelt among His
people (cf. Deu_17:9), and not before the local courts, as Knobel supposes. These
judges were to investigate the case most thoroughly (cf. Deu_13:15); and if the
witness had spoken lies, they were to do to him as he thought to do to his brother.
The words from “behold” to “his brother” are parenthetical circumstantial clauses:
“And, behold, is the witness a false witness, has he spoken a lie against his brother?
Ye shall do,” etc. ‫ם‬ ַ‫מ‬ָ‫,ז‬ generally to meditate evil. On Deu_19:20, see Deu_13:12.
WHEDON, "17. The men, between whom the controversy is — The original
parties in the case, one of whom is supposed to have brought into court the false
witness. But Keil thinks the accused and the false witness are the men referred to
in this clause.
Before the Lord,… priests… judges — At the place appointed by Jehovah for the
sanctuary, before the highest court, this judicial investigation was to be made.
The crime of bearing false witness was of such grave moment that it was to be
treated with the greatest solemnity.
18 The judges must make a thorough
investigation, and if the witness proves to be a
liar, giving false testimony against a fellow
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Israelite,
GILL, "And the judges shall make diligent inquisition,.... Into the case before
them, into the nature of the evidence and proof that each witness brings for or
against; so the Targum of Jonathan,"the judges shall interrogate the witness, by
whom these things are said, well;''shall thoroughly examine the testimony given, and
look carefully into it:
and, behold, if the witness be a false witness, and hath testified falsely
against his brother; it appears plainly by full evidence that he has testified a
falsehood of him.
HENRY, "There must be great care in the trial, Deu_19:18. A diligent inquisition
must be made into the characters of the persons, and all the circumstances of the
case, which must be compared, that the truth might be found out, which, where it is
thus faithfully and impartially enquired into, Providence, it may be hoped, will
particularly advance the discovery of.
19 then do to the false witness as that witness
intended to do to the other party. You must
purge the evil from among you.
CLARKE, "Then shall ye do unto him as he had thought to have done
unto his brother - Nothing can be more equitable or proper than this, that if a man
endeavor to do any injury to or take away the life of another, on detection he shall be
caused to undergo the same evil which he intended for his innocent neighbor.
Some of our excellent English laws have been made on this very ground. In the
37th of Edw. III., chap. 18, it is ordained that all those who make suggestion shall
incur the same pain which the other should have had, if he were attainted, in case his
suggestions be found evil. A similar law was made in the 38th of the same reign,
chap. 9. By a law of the twelve Tables, a false witness was thrown down the Tarpeian
rock. In short, false witnesses have been execrated by all nations.
GILL, "Then shall ye do unto him as he had thought to have done unto his
brother,.... Inflict the same fine or punishment on him he thought to have brought
his brother under by his false testimony of him; whether any pecuniary fine, or
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whipping and scourging, or the loss of a member, or the value of it, or death itself;
whether stoning, strangling, burning, or killing with the sword: though, in the case of
accusing a priest's daughter of adultery, as Jarchi observes, such were not to be
burnt, as would have been her case if proved, but strangled:
so shalt thou put the evil away from among you; the evil man that bears a
false testimony of his brother, or the guilt of sin which would be incurred by
conniving at him.
HENRY 19-21, "If it appeared that a man had knowingly and maliciously borne
false witness against his neighbour, though the mischief he designed him thereby
was not effected, he must undergo the same penalty which his evidence would have
brought his neighbour under, Deu_19:19. Nec lex est justior ulla - Nor could any law
be more just. If the crime he accused his neighbour of was to be punished with death,
the false witness must be put to death; if with stripes, he must be beaten; if with a
pecuniary mulct, he was to be fined the sum. And because to those who considered
not the heinousness of the crime, and the necessity of making this provision against
it, it might seem hard to punish a man so severely for a few words' speaking,
especially when no mischief did actually follow, it is added: Thy eye shall not pity,
Deu_19:21. No man needs to be more merciful than God. The benefit that will accrue
to the public from this severity will abundantly recompense it: Those that remain
shall hear and fear, Deu_19:20. Such exemplary punishments will be warnings to
others not to attempt any such mischief, when they see how he that made the pit and
digged it has fallen into the ditch which he made.
COKE, "Ver. 19. Then shall ye do unto him, as he had thought to have done unto his
brother— This law is exemplified in the story of Susannah and the elders; for the two
elders, being convicted by Daniel of giving false accusation against Susannah, are
condemned to undergo the same punishment which they intended against her; ver. 62.
According to the law of Moses, they did unto them in such sort as they maliciously
intended to do to their neighbour; and they put them to death. By the law of the twelve
tables, false witnesses were to be thrown down the Tarpeian rock. See Aul. Gellius, lib.
20: cap. 1. The laws at Athens, though severe, were rather more mild. See Sam. Petit, de
Leg. Art. lib. 4: tit. 7.
SUTCLIFFE, "Deuteronomy 19:19. Then shall ye do unto him as he had thought to
have done to his brother. This is called a just judgment. Our courts abound with false-
swearing, because we allow the perjured to escape punishment: yet they sometimes get
exposed in the court.
REFLECTIONS.
In addition to what is said in Numbers 35. respecting the manslayer, it is worthy of
remark, that however innocent he might be of wilful murder, his exile was a
punishment which tended to make all men cautious of fighting with their neighbours,
and very much awed the passions of brutish and vulgar men.
In the prohibition of mitigating the punishment of the murderer, we see the greatness of
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his crime, which is to be abhorred and detested by all persons who desire to love God,
and all his creatures. Nevertheless the kings of Israel exercised the power of pardoning
on some occasions. David forgiving the widow’s son of Tekoah, was obliged at the same
time to pardon Absalom his son. In the last case the royal clemency was awfully abused;
and there are few cases indeed in which it can be exercised with safety to national
justice.
Deuteronomy 19:19
F. B. Meyer
Our Daily Homily
THERE is a Nemesis in wrongdoing; evil comes home to roost; what we meditate
against others returns on ourselves. They that take the sword shall perish with the
sword. The publican who sells drink to debauch sons and fathers, lives to see the drink
curse his own family. The man who is treacherous to women lives to see his own sons
fall beneath their wiles. Haman erects a gallows for Mordecai, but is hanged upon it
himself. Adoni-bezek cut off the toes and thumbs of captive princes, and confessed the
rightness of the fate which overtook himself. England imposes opium on China, but
presently discovers that it is eating out the heart of her own subjects in India and
Burmah. "Whoso causeth the upright to go astray in an evil way, he shall fall. himself
into his own pit."
And why is all this? Because God sits behind the slight curtain of the present, judging
the acts of men. It is not necessary to wait for the conclusion of the present age to see
the sentence inflicted. Now the Son of Man sits on the throne of His glory, and before
Him the nations are gathered. Nineveh, Babylon, Capernaum, Tyre, Pompeii, the power
of Spain, the Empire of Napoleon, have already been condemned to Hades. Now the
judgment is set, now the books are opened, now the "Come, ye blessed," and "Depart,
ye cursed," are being uttered. God has so made the moral world that the seed of
punishment lies hid in each unkind word, each unchristian act; and it is only necessary
to give time enough to show that the man who has sown to his neighbor's hurt will reap
that hurt in his own life. To every man will be rendered according to his deeds, even in
this life;
PREACHER'S HOMILETICAL COMMENTARY
Verses 1-21
CRITICAL NOTES.—This and the next two chapters contain enactments designed to
protect human life, and to impress its sanctity on Israel.—Speak. Com.
With Deu cf. Exo 21:13, and Num 35:9-34. The laws concerning cities of refuge are not
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mere repetitions, but an admonition to carry out former laws with reference to future
extension of boundaries in the land of Canaan. Cities of refuge had already been set
apart on the east of Jordan. Directions are given concerning land on the west. Three
Cities more were separated cf. Joshua 20.
Deu . Prepare. The Senate made good roads two or three cubits wide—not mere tracks
for animals—bridged over rivers and removed barriers. This done generally in the
month Adar. Every facility was given to the fugitive (Isa 40:3). Ignorantly, without
premeditation—accidentally, as Deu 19:5. Avenger. Whose duty it was to avenge the
rights and redeem the property of kinsmen. Not with sudden excitement or burning
desire to revenge.
Deu , In case they should possess the whole land promised by God to the fathers for
faithful obedience; then they were to add three more cities and have nine altogether.
This command was not carried out because extension of country was never fully or
permanently realised.
Deu . Innocent blood would be shed if the unintentional manslayer was not protected
Israel would be guilty. Blood upon thee, if this duty was neglected. But the cities were
not to be asylums for criminals. If a real murderer should flee for refuge, the (elders)
magistrates of his own town were to fetch him back and deliver him to the avenger to
be put to death.
Deu . Landmarks. Not only is human life sacred, but the means of sustaining it must be
held sacred—hence this prohibition. Gardens were enclosed, but fields were left open,
or marked off, by a small trench, a little cain or single stones easily removed.
Deu . False witness. The rule concerning capital charges (Deu 17:6) is extended to all
accusations before a court of justice. A single witness was not sufficient to convict a
man of any civil or criminal offence. Wrong, lit., falling away, apostacy (Deu 13:5); here
any kind of crime worthy of capital punishment (Deu 19:19). The accused and the
witness were to come before Jehovah, viz, before the priests and judges, at the
sanctuary and not before the local court.—Keil. If the witness had lied they were to act
towards him as he intended towards his brother (cf. Pro 19:5-9; Dan 6:24. The
lextalionis was applied without reserve (Exo 21:23; Lev 24:20).—Keil. Observed in
principle, not in letter, by the Jewish courts.—Speak. Com.
CITIES OF REFUGE.—Deu
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Places of refuge where the guilty and unfortunate could find shelter were not unknown
in heathen nations. Greece and Rome had their temples and groves. The jus asyli, the
right of shelter was ever considered sacred. Cities of Refuge are some of the most
delightful types of O. T. economy and may be considered in many ways (cf. Deu ). Look
at them—
I. As institutions promoting a spirit of humanity. They would act beneficially in ages
when violence and revenge predominated and when fixed habitations were few. They
were founded with a view to abate evils springing from the old-established rights of the
blood avenger, and thus created a mild and gentle spirit; gave proof of the superior
wisdom and benignant design of the Jewish laws. Impartial trial was given. Love of
justice and regard for truth were to overrule sentiment. Revenge was checked, innocent
blood was not lightly shed, and human life was considered sacred.
II. As institutions typical of Gospel truths. They exhibit the only method of safety, into
which if the sinner once enters he will be free from peril.
1. The manslayer was in danger. He was pursued by the avenger, and might lose his life.
The sinner has broken the law, is exposed to its curse and condemnation—Christ the
refuge set before him in the gospel. Should the law reach him before he flees for safety
he is undone for ever.
2. Refuge was easy of access. The cities were conveniently fixed, and could often be seen.
Christ is not a distant refuge, inaccessible or closed against us. "The word is nigh thee,
not in heaven above, nor in the depth beneath" (Rom ).
3. The way was prepared. "Prepare thee a way." Every river was bridged, every hillock
levelled, and every obstruction that might hurt or hinder taken away. Guides or posts
were fixed in every turning and cross road, with the words refuge, refuge, to direct the
unhappy man in flight. The way of salvation is simple and plain, warfaring men, though
fools, need not err therein. Ministers of the gospel are sent to urge, to direct the sinner
to the Saviour. "Prepare ye the way of the Lord" (Isa ).
4. Restoration was made at the death of the high priest. The fugitive remained in the
city beyond the pursuer's reach, gratuitously housed and taught until this event
happened. Then he was released, restored to his relatives and "the land of his
possession." In Christ we are restored to the inheritance forfeited by sin, adopted
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children, and made joint heirs of mansions which He has gone to prepare for those who
love Him. Our salvation depends upon exclusive reliance in His merits and atoning
death. "There is none other name under heaven" (Act ).
FLIGHT WITHOUT SAFETY.—Deu
There was a difference between accidental and intentional murder. The murderer
might flee, but he was not protected in the city of refuge. He was delivered up to be put
to death. A fearful picture of disappointed hope.
I. Flight through atrocious wickedness. Murder was a sin for which the law provided no
remedy. "Ye shall take no satisfaction for the life of a murderer" (Num ). To murder is
to disregard the sanctity of life, resist the claims of our neighbour and demonstrate our
hatred to God. Man is encircled by grandeur through his own immortality and his
relation to the Infinite Majesty. "Whoso sheddeth man's blood, by man shall his blood
be shed; for in the image of God made He man."
II. Flight without safety. "The elders of the city send and fetch him. The murderer is
pursued, brought back, and suffers. There is no escape from transgression. The law is
broad, "exceeding broad" (Psa ) observes us in all we do, and goes where we go. God
and conscience are omnipresent. Memory is alive and retribution is certain. "Murder
will out" and "guilt hath no holiday," says Bacon.
III. Flight ending in ruin. "That he may die"—concealment was impossible. The
avenger, the priests and the people, were all concerned in the detection and punishment
of the criminal.
1. Ruin without pity. "Thine eye shall not pity him."
2. Ruin without remedy. "He that killeth a man shall surely be put to death" (Lev ).
Murder may pass unpunished for a time,
But tardy justice will o'ertake the crime.—Dryden.
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UNFULFILLED PROMISES.—Deu
God promised that their dominion should extend from the Nile to the Euphrates (Gen ;
Exo 23:31). This promise was never really fulfilled. Hence learn that—
I. God's promises express benevolent purpose. "Enlarge thy coast" (Deu ). They reach
far into our future, mark out, define and offer before-hand. They are accompanied by
an oath and express the good pleasure of God.
II. The fulfilment of God's promises is conditional. "If the Lord thy God enlarge"—
God does not work independently of means and agencies. He is Sovereign and Absolute,
but we must co-operate with Him. Nothing is left to chance. Humanly speaking all
depends upon us. "If thou shalt keep."
III. This fulfilment is not always realised. There is no change in God, but human
conditions are wanting.
1. There is delay. This strengthens and fortifies the enemy. When Hanibal could have
taken Rome he would not, and when he wished, he was unable.
2. There is sin. Disobedience hinders. Unbelief excludes from the land. Israel's
enlargement was transient through the sins of the people; conquered nations regained
independence, and Solomon's empire was dissolved.
HOMILETIC HINTS AND SUGGESTIONS
Deu . Cities.
1. Cities of refuge divinely appointed.
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2. Cities of refuge a protection for innocent blood.
3. Cities of refuge a proof of stringent law—original law not modified—special
provision made for accidental manslaughter.
4. Cities of refuge a type of deliverance in Jesus. The atonement is not a violation or
suspension of law, yet mercy and deliverance from penalty are given to him who flees to
Christ. "The reason of these institutions seems to be this:—First of all, their
appointment arose from a great law. Secondly, they were instituted to be an expressive
foreshadow or type of a grand and precious shelter for all the people of God."—
Cumming.
Deu . Prepare. Every facility to flee.
1. The word nigh.
2. Ministers direct.
3. The Holy Spirit helps.
Deu . That he die.
1. Human life taken by trifling accidents. What need for preparation. The sons of men
are "snared in an evil time, when it falls suddenly upon them" (Ecc ).
2. Human life safeguarded by Divine institutions. The law forbids murder. If this
happens unintentionally cities are built for refuge. Life is hedged about by law, justice,
humanity, and providence.
Deu . The cities were no shelter for wilful murder.
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1. Mark the origin of the crime. "Hate his neighbour." Cain hated his brother, could
not speak peaceably to him, and then killed him. "Whose hateth his brother is a
murderer" (1Jn ).
2. Notice the plot to carry out the design. "Lie in wait for him." Men who thirst for
blood hate the upright, and seek to destroy them. Saul sought to murder David, the
Jews the Saviour and Paul. Malice will plot. The words and aims of the wicked "are to
lie in wait for blood" (Pro ).
Deu . Pity.
1. Without pity, lest crime should be encouraged, the criminal protected, and society
injured.
2. Without pity lest the ends of justice be frustrated and the law of God broken.
3. Without pity, to warn and deter others from the danger.
ANCIENT LANDMARKS REMOVED.—Deu
Stones indicating boundaries might easily be removed. Ditches could be secretly
levelled. This would materially affect property, and be a great evil in a land where
territory was distributed by lot. Removal would be—
I. To disregard ancient custom. "They of old have set," with care and justice. "Custom
is held as law." Fixed law and fixed boundaries should be respected. But many scorn
ancient landmarks as relics of bygone days. Impatient of restraint, they seek wider
range of thought and action, indulge in novelties, and cry, down with temples, and away
with creeds and the Bible!
II. To violate the law of God. Heathen nations held every landmark as sacred; honoured
every stone and staple as a god without whose aid every field would be subject to
contention and strife. God as the proprietor of all the earth sets bounds for Israel,
allotted their lands which they held in trust, and bound them in terms imposed by His
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will (Deu ). Hence removal of landmarks is violation of His command, and direct insult
to His authority.
III. To defraud our neighbour. Landmarks were memorials and witnesses of the rights
of each man. Removal was selfish and unjust invasion of property. To enlarge your own
estate at the expense of your neighbour's is theft. Each one should know his own, and
not defraud another by concealment, forgery, or robbery. "Thou shalt not defraud thy
neighbour, neither rob him" (Lev ; Mar 10:19; 1Th 4:6).
IV. To expose to a dreadful curse. The execration of men is something, but who can
bear the curse of God. The field of the fatherless is under Almighty protection. None
can arm themselves against Him by entering it. The poor may seem helpless, but special
warning is given against their oppression. "Remove not the old landmark, and enter not
into the fields of the fatherless (by acts of violence or removal of boundaries) for their
Redeemer is mighty, to vindicate outraged innocence" (Pro ). This in aftertimes was the
great affront of national provocation. "The princes of Judah were like them that
remove the bounds, therefore I will pour out my wrath upon them like water" (Hos
5:10).
I. Landmarks, an indication of Divine care. Nothing is too insignificant for God's notice.
The cities with their roads, the fields with their boundaries, the minute and the vast are
under his guardianship. He sets bounds to sea and land and controls each element in its
limit (Job ). II. Landmarks, a vindication of the rights of property. Fields and gardens
must be cultivated and held as personal estate. Land is not to be indiscriminately
portioned out. God gives allotments to men, and personal property is needful for daily
employment and healthy life. III. Landmarks, a check to fraud and rapacity. They
warned against deceitful and unjust actions. We must neither touch nor covet our
neighbour's property. The avaricious and envious are checked by the order of society
and the laws of nature. IV. Landmarks, a motive to neighbourly kindness. To remove
them would injure our neighbour and disturb the community. We are not to sow
discord nor create strife and law-suits, but to live peaceably together. "Strive not with a
man without cause." V. Landmarks, symbols of fixed spiritual truths There are certain
fundamental and established doctrines which must not be removed, which can never be
shaken. Rome may remove landmarks of Scripture by her traditions. Impatience of
restraint, independence of spirit, and resistance to Divine authority may characterise
the age. But the chief landmarks of faith stand solid and impregnable as a rock. "The
foundation of God standeth sure."
THE TRIAL OF CAPITAL OFFENCES.—Deu
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"The wrong" in Deu is not merely falling into idolatry, but any kind of crime worthy of
capital punishment (Deu 19:19). One witness even was tested and punished if proved
false. Judges were to investigate most carefully and administer justice most rigidly—
I. The testimony of one witness was not enough to condemn (Deu ) He might be
prejudiced, interested or unable to judge rightly. Individuals are not always truthful
and cannot be trusted. Hence it is wise, as proved by history and human experience,
that the life of an innocent man should not depend upon the testimony of one witness.
What a dishonour cast upon man-kind by the law! suspected of unfaithfulness! and
what a check to accusers of men!
II. The accuser and the accused were to stand before God. "Both the men, between
whom the controversy is, shall stand before the Lord" (Deu ). All sin is committed
against God. He cannot permit evil to go unpunished. He will expose and visit it with
condemnation.
1. Before "the priests and the judges," who represent Him.
2. In the sanctuary, the residence of His glory. This is a picture of future trial, when the
sinner will stand before the judgment seat and all iniquity be punished.
III. If the witness was false the punishment was severe. No sentimentalism nor
misplaced compassion must be shown to a false witness. The law was inflexible, and one
guilty of perjury was doomed to suffer penalty.
1. Punishment in kind. "Do unto him as he had thought to have done unto his brother
(Deu ). The lex talionis is applied, a person receives to himself what he gives to another;
a law of retribution, which is God's law to warn the transgressor.
2. Punishment without reserve. No indifference in the search, "diligent inquisition;"—
no hesitation in executing the law; no pity whatever for the criminal. "Thine eye shall
not pity" one who had no pity for another. "A false witness shall not be unpunished,
and he that speaketh lies shall not escape" (Pro ).
A FALSE WITNESS.—Deu
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Society cannot exist without laws, and laws cannot be administered without testimony.
False witness or perjury therefore is the most obnoxious of crimes, and as such deserves
the severest condemnation.
I. A false witness is offensive to God. God is represented as "a God of truth, and
without iniquity" (Deu ; Deu 3:4); "a God that cannot lie" (Job 1:2). The perjurer takes
His name in vain; dishonours His attributes, and defies His law. When we prevaricate,
conceal truth, or speak lies, we insult the God of heaven, "the faithful and true
witness."
II. A false witness is injurious to society. In his heart he is uncharitable and envious
towards his fellow-men. In his actions he is mischievous to society. He destroys its
confidence, breaks its bonds, and becomes an agent of the devil, "the father of lies"
(1Ki ). "The slanderer," says Archbishop Leighton, "wounds three at once; himself,
him he speaks of, and him that hears." His cruelty and malice are set forth by three
murderous instruments—weapons of death. "A man that beareth false witness against
his neighbour is a maul, and a sword, and a sharp arrow" (Pro 25:18).
III. A false witness should be put down by every possible means. "So shalt thou put the
evil away" (Deu ). Everyone is interested in the suppression of crime. Priests, judges,
and people—society, and the Christian Church are concerned. All should love truth and
put down deceit (Col 3:9; Rom 3:13). "That shalt not raise (marg. receive) a false
report: put not thine hand with the wicked to be an unrighteous witness" (Exo 23:1).
Dare to be true, nothing can need a lie;
The fault that needs it most grows two thereby.
THE LAW OF RETALIATION.—Deu
Among the Israelites and in all nations where slavery existed, or where owners had the
power of punishment in their own hands, the exercise of absolute authority was liable to
be abused. Hence the importance and place of this law.
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I. Its use in the Old Testament. It is probable that the law existed before the time of
Moses, and was accepted by him as tolerable. It would be suitable—
1. As an elementary principle of justice. Theoretically it seems exact and right. It was
accepted by magistrates as a rule in civil law. It is found in the code of primitive
nations, recognised by the laws of Solon, by ancient Indians, and by the Thurians (cf.
Speak. Com.; Exo ). It is the first lesson of civilization and public justice. "Thou shalt
give life for life, eye for eye," etc. (Exo 21:23; Lev 24:20).
2. As a foundation of public morality. Power is often abused. Men forget and break the
golden rule. Human life must be respected, wrong rectified, and laws administered.
There must be no connivance in guilt. "Hand for hand, foot for foot."
3. As a check to private revenge. "Revenge is sweet," and men like to take law into their
own hands. The law of the eternal must be asserted and vindictive tempers subdued.
"He that studieth revenge keepeth his wounds open."—Bacon. "Vengeance is mine; I
will repay saith the Lord."
II. Its exposition in the New Testament. The scribes took their stand on the letter,
disregarded the design and spirit of the law, and expounded in the wrong direction.
Their popular casuistry made it one of private retaliation and not of judicial action. But
the disciple of Christ, in suffering wrong, must cherish no desire to retaliate and accuse.
He must be prepared in word and act to show the spirit of his master. The letter may
not bind, but the principle should be the law of life. We are not to revenge, but cultivate
the habit of non-resistance to evil (cf. Mat ). The law of the New Testament is not
contradictory to that of the Old Testament. It is more than a civil enactment. It is
forbearance with those who wrong us, well-doing to those who hate us, the
characteristic and image of God's children (Mat 5:48).
And earthly power doth then show likest God's
When mercy seasons justice.
The law of requital.
1. A doctrine of scripture. "As I have done, so God hath requited me" (Jude ). The Lord
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of recompenses shall surely requite." "With what measure ye mete," etc. "A false
witness shall not be unpunished" (Pro 19:5-9).
2. A law of providence. Men may deny and disregard it; but they cannot destroy, cannot
escape this righteous and holy law. Be not deceived, God is not mocked. "He that
speaketh lies shall not escape."
3. A reason for submission to God. Indulge in no passion. Fret not because of evil doers.
It costs more to revenge injuries than to bear them. Events are not under the control of
wicked men. "Say not, then, I will recompense evil; but wait on the Lord and He shall
save thee."
HOMILETIC HINTS AND SUGGESTIONS
Deu . Learn.—
1. Great wickedness often found among men—murder, fraud, perjury. Oppressive to
society, insulting to God, and abounding even in Christian countries.
2. Divine methods of overcoming this wickedness. By religious laws and social
restraints, by functions of state and spiritual institutions. What a debt we owe to the
gospel which renews and controls man, elevates and purifies society!
Deu . False witness.
1. God is a God of truth, promotes it in the world and seeks it in His people.
2. Truth should be sacred to us in all circumstances of life.
3. The danger of lying.
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4. The necessity of grace and prayer.
Deu . Retribution.
1. An appointment of God in social and civil, in national and individual life.
2. A warning to others. Sir W. Raleigh, challenged by a hot-headed youth, refused to
fight. The young man spat in his face in public. Thinking of the consequences, Sir W.
calmly wiped his face and replied, "Young man, if I could as easily wipe your blood
from my conscience as I can this injury from my face, I would this moment take away
your life."
Deu . Hear. Others' woes should be our warnings, others' sufferings our sermons (1Co
10:5-12). God's house of correction is the school of instruction.—Trapp.
Deu . Pity and justice.
1. Justice from the highest source of the land. The presence and the representatives of
God.
2. Justice without pity. Right better than pity.
3. Justice for public good. "Those which remain hear and commit no more evil." Life
often sacrificed for the welfare of the community. True patriotism displayed in the
suppression of crime.
ILLUSTRATIONS TO CHAPTER 19
Deu Cities. A party of travellers in the desert were overtaken by the fierce simoon. Like
blinding snow driven by the winds of March came the hot sands. Before the simoon had
reached its height they came suddenly upon a rude building of stone, well protected
with roof and doors, which the hand of charity had erected there in the desert for
70
shelter. With joy they rushed into it, closed the doors, and were safe.
"The wonders of life and gladness,
All the wonders of hope and fear;
The wonders of death and sadness,
All the wonders of time are there."
—Bonar.
Deu . Hate. Whoever hates kills the soul.—Vinet. A true man hates no one.—Napoleon
I. "From envy, hatred and malice," etc.
Deu . Deliver him. By the conviction and execution of a murderer, humanity is not
extinguished but enlarged; it is individual compassion overcome by a regard to the
general good.—A. Fuller.
Deu . Landmarks removed. Covetousness, by a greediness of getting more, deprives
itself of the true end of getting it; it loses the enjoyment of what it has got.—Sprat.
Desire of having is the sin of covetousness.—Shakespeare.
Deu . False witness.
Sworn on every slight pretence,
Till perjuries are common as bad pence;
While thousands, careless of the dawning sin,
71
Kiss the book's outside, who ne'er look within.
—Cowper.
Deu . Not pity. Most just it is that he who breweth mischief should have the first
draught of it himself.—Jemmat.
Revenge at first, though sweet,
Bitter ere long back on itself recoils.
—Milton.
20 The rest of the people will hear of this and be
afraid, and never again will such an evil thing
be done among you.
GILL, "And those which remain shall hear, and fear,.... Those which survive
the false witness shall hear of the punishment inflicted on him, and fear to commit
the like sin, lest they should be punished in like manner.
HENRY, "Those that remain shall hear and fear, Deu_19:20. Such exemplary
punishments will be warnings to others not to attempt any such mischief, when they
see how he that made the pit and digged it has fallen into the ditch which he made.
COKE, "Ver. 20. And those which remain, shall hear, and fear, &c.— See chap.
Deuteronomy 17:3. This is the grand end of all the Mosaic penal laws, and indeed of all
such, enacted by wise legislators. See Grot. de Jur. B. and P. lib. 2: cap. 20. This law
proves the authority which judges and magistrates have to make use of witnesses, and
to examine them upon oath, in order to discover the truth, which those who are
72
summoned as witnesses are obliged to declare: that those who are found to be false
witnesses deserve the most exemplary punishment; and that, if they escape punishment
from men, God will take vengeance of their perfidiousness and impiety.
WHEDON, "21. Thine eye shall not pity — It has been said that this is a harsh and
cruel requirement. But it must be borne in mind that the usages which prevailed and
the condition of society demanded stringent laws. The wise legislator adapts law to the
circumstances of the people. Moses found the law of retaliation deeply seated. It has its
foundations in the conception of impartial justice. With all his influence over the people
he could not eradicate long-established usages. At the present day in the East there is a
most cruel feature of the lex talionis. When the murderer cannot be reached the
avengers have the right to kill any member of his family. See THOMSON’S Land and
Book, vol. i, p. 448. If we turn to the words of Him who spake as never man spake, we
see how the Gospel modifies the stern exactions of this law of retaliation. “Ye have
heard that it hath been said, An eye for an eye, and a tooth for a tooth: but I say unto
you, That ye resist not evil.” Matthew 5:38-39.
21 Show no pity: life for life, eye for eye, tooth
for tooth, hand for hand, foot for foot.
CLARKE, "Life - for life, eye for eye, etc. - The operation of such a law as this
must have been very salutary: if a man prized his own members, he would naturally
avoid injuring those of others. It is a pity that this law were not still in force: it would
certainly prevent many of those savage acts which now both disgrace and injure
society. I speak this in reference to law generally, and the provision that should be
made to prevent and punish ferocious and malevolent offenses. A Christian may
always act on the plan of forgiving injuries; and where the public peace and safety
may not be affected, he should do so; but if law did not make a provision for the
safety of the community by enactment against the profligate, civil society would soon
be destroyed.
GILL, "And thine eye shall not pity,.... The false witness when convicted; this is
directed to the judges, who should not spare such an one through favour or affection,
but pronounce a righteous sentence on him, and see it executed, in proportion to the
crime, and that according to the law of retaliation:
but life shall go for life; in such a case where the life of a person must have gone,
if the falsehood of the testimony had not been discovered, the false witness must
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suffer death; in other cases, where a member would have been lost, or the price of it
paid for, the same penalty was to be inflicted:
eye for eye, tooth for tooth, hand for hand, foot for foot; that is, the price of
an eye an eye, &c. see Exo_21:23.
HENRY, "it is added: Thy eye shall not pity, Deu_19:21. No man needs to be more
merciful than God. The benefit that will accrue to the public from this severity will
abundantly recompense it: Those that remain shall hear and fear, Deu_19:20. Such
exemplary punishments will be warnings to others not to attempt any such mischief,
when they see how he that made the pit and digged it has fallen into the ditch which
he made.
K&D, "The lex talionis was to be applied without reserve (see at Exo_21:23; Lev_
24:20). According to Diod. Sic. (i. 77), the same law existed in Egypt with reference to
false accusers.
HAWKER, "Was not the suretyship of JESUS pointed out in this law? Did not JESUS
when redeeming his people, give an eye for an eye, and a tooth for a tooth? Was not this
literally indeed the case, when he who knew no sin became sin for us, and was made a
curse for us that we might be made the righteousness of GOD in him?
REFLECTIONS
HERE let me gaze on thee again and again, thou dearest JESUS, who art indeed the
only City of refuge for all thy people, and who art placed in every avenue and way by
which a poor slayer of himself and of his own soul by sin, may find shelter from the
avenger. And while I look on thee as my sure hiding place from all the anger of my
FATHER's broken law, and from all the accusations of my own guilty conscience, and
from all the malice of Satan; Oh! may the HOLY GHOST give speed to my flight and
earnestness to my desires, that before the avenger of blood can reach me, I may have
taken shelter in thy person and righteousness. Oh! thou blessed Refuge of poor sinners,
how fitly art thou prepared, how completely suited to all the wants of thy people! My
soul even now, seems to feel an holy triumph in the security it finds by faith in thee! No
plague shall come nigh my dwelling. In thee I feel a growing confidence of my
everlasting security. Cease then your pursuits, ye ministers of evil, for my LORD hath
shut me in like Noah in the ark, and housed me from your malice; and I am persuaded
through his grace keeping me, that neither life nor death, nor principalities, nor
powers, nor things present nor things to come, nor height nor depth, nor any other
creature, shall separate me from the love of GOD, which is in CHRIST JESUS our
LORD.
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Deuteronomy 19 commentary

  • 1.
    DEUTERONOMY 19 COMMENTARY EDITEDBY GLENN PEASE Cities of Refuge 1 When the Lord your God has destroyed the nations whose land he is giving you, and when you have driven them out and settled in their towns and houses, BARNES, "This and the next two chapters contain enactments designed to protect human life, and to impress its sanctity on Israel. In Deu_19:1-13 the directions respecting the preparation of the roads to the cities of refuge, the provision of additional cities in case of an extension of territory, and the intervention of the elders as representing the congregation, are unique to Deuteronomy and supplementary to the laws on the same subject given in the earlier books (compare the marginal reference). Deu_19:1, Deu_19:2 The three cities of refuge for the district east of Jordan had been already named. Moses now directs that when the territory on the west of Jordan had been conquered, a like allotment of three other cities in it should be made. This was accordingly done; compare Jos_20:1 ff, GILL, "When the Lord thy God hath cut off the nations whose land the Lord thy God giveth thee,.... The seven nations of the land of Canaan, whose destruction was of the Lord for their sins, and whose land was a gift of him that had a right to dispose of it to the children of Israel; see Deu_12:29. and thou succeedest them, and dwellest in their cities, and in their houses; should possess their land in their stead, by virtue of the gift of it to them by the Lord, and inhabit their cities and houses built by them. HENRY, " It was one of the precepts given to the sons of Noah that whoso sheddeth man's blood by man shall his blood be shed, that is, by the avenger of blood, Gen_9:6. Now here we have the law settled between blood and blood, between the blood of the murdered and the blood of the murderer, and effectual provision made, I. That the cities of refuge should be a protection to him that slew another casually, 1
  • 2.
    so that heshould not die for that as a crime which was not his voluntary act, but only his unhappiness. The appointment of these cities of refuge we had before (Exo_ 21:13), and the law laid down concerning them at large, Num_35:10, etc. It is here repeated, and direction is given concerning three things: - 1. The appointing of three cities in Canaan for this purpose. Moses had already appointed three on that side Jordan which he saw the conquest of; and now he bids them, when they should be settled in the other part of the country, to appoint three more, Deu_19:1-3, Deu_19:7. The country was to be divided into three districts, as near by as might be equal, and a city of refuge in the centre of each so that every corner of the land might have one within reach. Thus Christ is not a refuge at a distance, which we must ascend to heaven or go down to the deep for, but the word is nigh us, and Christ in the word, Rom_10:8. The gospel brings salvation to our door, and there it knocks for admission. To make the flight of the delinquent the more easy, the way must be prepared that led to the city of refuge. Probably they had causeways or street-ways leading to those cities, and the Jews say that the magistrates of Israel, upon one certain day in the year, sent out messengers to see that those roads were in good repair, and they were to remove stumbling-blocks, mend bridges that were broken, and, where two ways met, they were to set up a Mercurial post, with a finger to point the right way, on which was engraven in great letters, Miklat, Miklat - Refuge, Refuge. In allusion to this, gospel ministers are to show people the way to Christ, and to assist and direct them in flying by faith to him for refuge. They must be ready to remove their prejudices, and help them over their difficulties. And, blessed be God, the way of holiness, to all that seek it faithfully, is a highway so plain that the wayfaring men, though fools, shall not err therein. K&D, "The laws concerning the Cities of Refuge for Unintentional Manslayers are not a mere repetition of the laws given in Num 35:9-34, but rather an admonition to carry out those laws, with special reference to the future extension of the boundaries of the land. Deu_19:1-9 As Moses had already set apart the cities of refuge for the land on the east of the Jordan (Deu_4:41.), he is speaking here simply of the land on the west, which Israel was to take possession of before long; and supplements the instructions in Num_ 35:14, with directions to maintain the roads to the cities of refuge which were to be set apart in Canaan itself, and to divide the land into three parts, viz., for the purpose of setting apart these cities, so that one city might be chosen for the purpose in every third of the land. For further remarks on this point, as well as with regard to the use of these cities (Deu_19:4-7), see at Num_35:11. - In Deu_19:8-10 there follow the fresh instructions, that if the Lord should extend the borders of Israel, according to His promise given to the patriarchs, and should give them the whole land from the Nile to the Euphrates, according to Gen_15:18, they were to add three other cities of refuge to these three, for the purpose of preventing the shedding of innocent blood. The three new cities of refuge cannot be the three appointed in Num_35:14 for the land on this side of the Jordan, nor the three mentioned in Num_35:7 on the other side of Jordan, as Knobel and others suppose. Nor can we adopt Hengstenberg's view, that the three new ones are the same as the three mentioned in Deu_19:2 and Deu_19:7, since they are expressly distinguished from “these three.” The meaning is altogether a different one. The circumstances supposed by Moses never existed, since the Israelites did not fulfil the conditions laid down in Deu_19:9, viz., that they should keep the law faithfully, and love the Lord their God (cf. Deu_4:6; Deu_6:5, etc.). The extension of the power of Israel to the Euphrates under David and 2
  • 3.
    Solomon, did notbring the land as far as this river into their actual possession, since the conquered kingdoms of Aram were still inhabited by the Aramaeans, who, though conquered, were only rendered tributary. And the Tyrians and Phoenicians, who belonged to the Canaanitish population, were not even attacked by David. CALVIN, "1.When the Lord thy God hath cut off the nations. Moses repeats the same precepts which we have just been considering, that, in regard to murders, the people should distinguish between inadvertency and crime. With this view, he assigns six cities, wherein those who have proved their innocence before the judges should rest in peace and concealment. In one word, however, he defines who is to be exempt from punishment, viz., he who has killed his neighbor ignorantly, as we have previously seen; and this is just, because the will is the sole source and cause of criminality, and therefore, where there is no malicious feeling, there is no crime. But, lest under the pretext of inadvertency those who are actually guilty should escape, a mark of distinction is added, i.e., that no hatred should have preceded; and of this an instance is given, if two friends should have gone out together into a wood, and, without any quarrel or wrangling, the head of the axe should slip out of the hand of one of them, and strike the other. God, therefore, justly commands that the motive of the crime should be investigated, and shows how it is to be ascertained, viz., if there had been any previous animosity, or if any contention should have arisen. For it is incredible that any one should be so wicked as gratuitously to rush into so abominable a sin. It must be observed, however, that there was no room for this conjecture, except in a doubtful matter; for if any should stab his neighbor with a drawn sword, or should hurl a dart into his bosom, the inquiry would be superfluous, because the guilty intention would be abundantly manifest. COFFMAN, "There are three paragraphs in this chapter: Deuteronomy 19:1-13 deals with homicide and the provisions for cities of refuge; next is a very short paragraph of a single verse (Deuteronomy 19:14) regarding boundary markers; and Deuteronomy 19:15-21 are devoted to the subject of witnesses. "When Jehovah thy God shall cut off the nations, whose land Jehovah thy God giveth thee, and thou succeedest them, and dwellest in their cities, and in their houses; thou shalt set apart three cities for thee in the midst of thy land, which Jehovah thy God giveth thee to possess it. Thou shalt prepare thee the way and divide the borders of thy land, which Jehovah thy God giveth thee to inherit, into three parts, that every manslayer may flee thither." There is here another example of an oft-repeated pattern in the writings of Moses: "Thy land, which Jehovah thy God giveth thee ..." "Thy land, which Jehovah thy God giveth thee to possess it ..." "Thy land, which Jehovah thy God giveth thee to inherit ..." The mention of Israel's land usually carried such acknowledgments of the Divine grace as those found in these verses. It would be well today if people, when speaking of "their 3
  • 4.
    wealth" of whateverkind would recognize God as the Giver in such a manner as that indicated here. Such patterns as these are essentially Mosaic. The reprobate priesthood of Israel of any century, particularly that period of Israel's history where the critical community would like to find the "sources of the Pentateuch," was utterly incapable of such devout terminology as that found here. The Christian should ever bear in mind that God Himself cursed that reprobate priesthood in Malachi, and, if that priesthood had possessed a single ounce of the pure devotion indicated here, such a thing would never have occurred! Oberst, quoting J. W. McGarvey, pointed out that: "The first command on this subject (cities of refuge) is in Numbers 35, where the order to appoint cities of refuge is given. There the number of cities was placed at six, and the general laws for their use were announced, but the names of the cities were not given. Next, in Deuteronomy 4:42-45, following the conquest of Trans-Jordan, Moses named the three cities eastward from that river, and their names were given. Then in this passage (Deuteronomy 19:1-13), Moses directed that after they had possessed the territory west of Jordan, three other cities should be appointed on that side. This was not to be done until after the conquest of that part of Canaan. Note particularly the limitation imposed by the word "When" that stands at the head of this chapter; and observe that it contrasts sharply with the dramatic "if" at the head of Deuteronomy 19:8.[1] As is so frequently true in the Sacred Writings, each additional mention of almost any subject results in additional information, and here it is the order to "prepare the way" which appears for the first time. Jamieson tells us that: "The roads leading to the cities of refuge were to be kept in good condition, and all the brooks and rivers spanned by good bridges. The width of the roads was to be 32 cubits (about 48 feet), with signs at every crossroads indicating the direction of the nearest city of refuge, with the inscription Mekeleth, Mekeleth, `refuge, refuge.'"[2] One cannot fail to be astounded at the flat declaration that these cities of refuge were in any manner whatever an extension of the asylum often associated with pagan altars in antiquity. Wright, for example, stated that "Exodus 21:12-14 specifies that such asylum shall be established and infers that the altar ... was the place to which the manslayer should go."[3] Let any thoughtful person read Exodus 21:12-14, and he will find that such interpretations are TOTALLY IN ERROR. There God promised "a place" to which the manslayer might go, but it was not the altar of God. Wright went on to "prove" his false interpretation by mentioning the cases of Adonijah (1 Kings 1:50) and Joab (1 Kings 2:28-34). But neither of those men found any asylum whatever at God's altar! Both knew they were guilty, therefore they did not flee to any city of refuge as God commanded (and as was done by Abner, 2 Samuel 3:27), but they both tried to rely upon the ancient pagan superstition regarding altars, but it did NOT work. Both were slain for their murders. Wright's statement that the altar in Jerusalem served this purpose during the days of the united monarchy is simply NOT true. "The law of Moses, instead of making the 4
  • 5.
    altar an asylumfor the manslayer, positively forbids its use as such ... In this instance, in provision of God's law has been misrepresented and its meaning reversed, in order to make out a contradiction with another arrangement which the law actually provided for in promise. Scarcely anything could be more reprehensible."[4] Of course, Wright in the instance cited above, is merely quoting, apparently without thinking it out, the wild and irresponsible charges of the critical scholars two or three generations ago, not knowing perhaps that the believing community graduated from that kind of exegesis a long time ago. It is a pity that many modern commentators still parrot the postulations of men in the eighteenth century, such as Driver and Smith, noted critics of that period. Driver stated that, "In Exodus 21:13, the asylum for the manslayer is Jehovah's altar."[5] W. Robertson Smith stated that, "The asylum for the manslayer in Exodus 21:12-14 is Jehovah's altar."[6] Of course, they were wrong, and nothing has ever happened that can change that! COKE, "Ver. 1. When the Lord thy God, &c.— Moses, having pressed upon the people the great commandment of loving God with all the heart, now proceeds to remind them of other precepts belonging to the second table, though not in an exact manner, nor without interspersing some ceremonial matters. He begins with what concerns that principal part of our neighbour's property, his life. BENSON, "Deuteronomy 19:1. From enforcing the laws enacted against idolatry, and calculated to preserve and promote the purity of divine worship, Moses now proceeds to inculcate some important duties belonging to the second table, but not in any exact order, nor without interspersing some precepts respecting ceremonial matters. He begins with some regulations appointed to secure the preservation of the most important part of the property of a fellow- creature, his life. CONSTABLE, "Manslaughter 19:1-13 God revealed the law concerning how the Israelites were to deal with manslayers earlier (cf. Numbers 35:9-34). In Israel this kind of crime was a domestic rather than a law court matter; families were to deal with it rather than the courts. The instructions given here urge application of this law and explain the need for three more cities of refuge west of the Jordan River. Moses had already designated three towns on the east side of the Jordan (Deuteronomy 4:41-43). The provision of cities of refuge taught the Israelites how important life is to God. The cities of refuge were conceptually extensions of the altar in the tabernacle courtyard as places of asylum. [Note: Kline, "Deuteronomy," p. 181.] "The extension of the power of Israel to the Euphrates under David and Solomon, did not bring the land as far as this river into their actual possession, since the conquered kingdoms of Aram were still inhabited by the Aramaeans, who, though conquered, were only rendered tributary. And the Tyrians and Phoenicians, who belonged to the Canaanitish population, were not even attacked by David." [Note: Keil and Delitzsch, 3:398. Cf. Craigie, The Book . . ., p. 267.] 5
  • 6.
    There is noindication in the Bible that the Israelites ever set aside this third set of three cities of refuge (Deuteronomy 19:8-9). If they did not, it may have been because they never secured the full extent of the Promised Land. ELLICOTT, "Deuteronomy 19:1-13. THE CITIES OF REFUGE. (See for more on this subject, Numbers 35:9, &c.; Joshua 20) (1) When the Lord thy God hath cut off the nations.—We find that the three cities of refuge on the west of Jordan were appointed by Joshua after the conquest (Joshua 20). The first three on the east of Jordan, namely, Bezer, Ramoth-Gilead, and Golan, had already been selected by Moses (Deuteronomy 4:41, &c), but Joshua assigned them to their Levitical possessors. (3) Thou shalt prepare thee a way.—Upon this phrase Rashi remarks (from the Talmud) that “Miklot! Miklot (‘Refuge! Refuge!’) was written up at the parting of the ways.” Divide the coasts of thy land . . . into three parts.—So that no part of the country might be too far from any of the cities of refuge. (5) As when a man goeth into the wood.—An obvious instance. (6) The avenger of the blood.—Literally, the redeemer of the blood. The Hebrew, gooël stands for all the three words, “redeemer,” “avenger,” “kinsman.” (8, 9) if the Lord thy God enlarge thy coast . . . thou shalt add three cities—i.e., thou shalt add three to the six, making nine in all. There is no trace of this ever having been done in the history of Israel. The comments of Jewish writers show that nothing is known of the fact in their literature. Some of them point out that only seven nations were assigned to thehost of Joshua, and that the land occupied by these seven could not have needed more than the six cities. They lay stress upon the words “If He give thee all the land which He promised to give thy fathers” (not merely the seven nations promised to thee). They refer to the Kenites and the Kenizzites and the Kadmonites in particular, as three nations promised to Abraham. It would have been more to the purpose if they had referred to the Hittites. The cities of this people, as recently discovered, from Kedesh on the Orontes to Carchemish, lie to the north of the known territory of Israel. If “all the laud of the Hittites” (Joshua 1:4) had been conquered, the three additional cities might have been required. But though this land seems to have been tributary to Solomon, it was not so occupied by Israel as to necessitate the appointment of three additional cities of refuge. And Solomon’s empire lasted only for his own reign. But without going back to these details, they also take the promise as prophetical; holding that when the Lord has “circumcised their heart” (Deuteronomy 30:6), “to love the Lord,” and given them “one heart and one way to fear Him for ever, and shall make an everlasting covenant with them, and put His fear in their hearts ( Jeremiah 32:39-40) that they shall not depart from Him,” then the promises will be fulfilled. All the land will be given to them, and they will need these other cities. One writer adds, “Blessed is he that waiteth, and shall attain to it,” from Daniel 12:12. Thus the Jews take the passage as prophetic of their ultimate restoration. Evidently it is no addition of later 6
  • 7.
    times, but thegenuine language of Moses. What later writer would have thought of adding it? (10) That innocent blood be not shed—i.e., the blood of the manslayer who can find no refuge, and yet is no murderer. (11) But if any man hate his neighbour, and lie in wait for him.—Rashi’s comment upon this is in the spirit of St. John: “By way of hatred he comes to lying in wait: and hence it has been said, when a man has transgressed a light commandment, that he will end by transgressing a greater. Therefore when he has broken the commandment, Thou shalt not hate, he will end by coming to bloodshed.” What is this but “He that hateth his brother is a murderer”? (12) Deliver him into the hand of the avenger of blood.—There is as yet no idea of a public trial and execution, which belongs to a more advanced stage of civilisation than this. (13) Shalt put away.—Literally, consume, or, as it were, burn out. HAWKER, "This is a very sweet chapter if read under the HOLY GHOST's teaching, and spiritually considered as leading to JESUS. And I take occasion here again in the opening of it to remind the reader once more, that it was of JESUS Moses wrote. If the reader will consult Exodus 21:13. he will there find, GOD'S gracious promise concerning his merciful provision for sins of inadvertency in unintentional murder. And if he will then refer to Deuteronomy 4:41-42. he will observe this promise fulfilled. I beg the Reader to consult the Commentary on the passages. But when the Reader hath made his observation on these passages, I would call upon him to remark, that the provision here made for the like occasions hath a reference to the state of Israel, after that Israel should become settled in Canaan. Yes! in Canaan as well as in the wilderness, it is JESUS alone who is the city of refuge to his people. Reader! do you not know that even in heaven itself JESUS will be the everlasting covering of his people, their house, their habitation, their joy, their all in all to all eternity! Sweetly and securely from their union with his person, their interest in his righteousness, and their acceptance in his blood, are their souls brought into the everlasting city of refuge, and guarded from every trouble and from every possibility of evil. LANGE, "The Sixth Command Deuteronomy 19:1 to Deuteronomy 21:9 Deuteronomy 19:1-21 1When the Lord thy God hath cut off the nations, whose land the Lord thy God giveth thee, and thou succeedest them, [possessest them (their land)] and dwellest in their 7
  • 8.
    cities, and intheir houses; 2Thou shalt separate three cities for thee in the midst of thy land which the Lord thy God giveth thee to possess it 3 Thou shalt prepare [restore, put in good condition] thee a way, and divide the coasts of thy land which the Lord thy God giveth thee to inherit, into three parts, that every 4 slayer may flee thither. And this is the case [word] of the slayer [what avails for him] which shall flee thither, that he may live [and live, remain]: Whoso killeth his neighbour ignorantly, whom he hated not in time past;[FN1] 5As when a man [And (indeed) whoever] goeth into the wood with his neighbour to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head [iron] slippeth from the helve, and lighteth upon [striketh][FN2] his neighbour, that he die; he shall flee unto one of these cities, and live: 6Lest the avenger[FN3] of the blood pursue the slayer, while his heart is hot, and overtake him, because the way is long, and slay him;[FN4] whereas he was not worthy [there is not to him judgment] of death, inasmuch as he hated him not in time past 7 Wherefore I command thee, saying, Thou shalt separate three cities for thee 8 And if the Lord thy God enlarge thy coast, as he hath sworn unto thy fathers, and give thee all the land which he promised9[spake] to give unto thy fathers; If thou shalt keep all these commandments [this whole commandment] to do them [it] which I command thee this day, to love the Lord thy God, and to walk ever in his ways; then shalt thou add three cities more for thee, beside these three: 10That innocent blood be not shed in thy land, which the Lord thy God giveth thee for an inheritance, and so blood be upon thee 11 But [And] if any man hate his neighbour, and lie in wait for him, and rise up against him, and smite him mortally [to the life] that [and] he die, and fleeth into one of these cities: 12Then the elders of his city shall send and fetch [take] him thence, and deliver him into the hand of the avenger of blood, that [and] he may die 13 Thine eye shall not pity him, but thou shalt put away the guilt of innocent blood from Israel, that it may go well with thee.[FN5] 14Thou shalt not remove thy neighbour’s land- Mark, which they of old time [thy forefathers] have set in thine inheritance, which thou shalt inherit in the land that the Lord thy God giveth thee 15 to possess it. One witness [only] shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth; at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter [word] be established 16 If a false witness rise up against any man to testify against him, that which is wrong [a falling away, apostasy]; 17Then both the men between whom the controversy is shall stand before the Lord, before the priests 18 and the Judges, which shall be in those days; And the judges shall make diligent inquisition: and behold, if the witness be a false witness, and hath testified falsely against his brother; 19Then shall ye do unto him, as he had thought to have done unto his brother: so shalt thou put the evil away from among you 20 And those which remain shall hear, and fear, and shall henceforth commit no more any such evil [word] among you 21 And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot. Deuteronomy 20:1 to Deuteronomy 20:1.When thou goest out to battle against thine enemies, and seest horses, and chariots, and a people more than thou, be not afraid of them: for the Lord thy God is with thee, which brought thee up out of the land of Egypt 2 And it shall be when ye are come nigh unto the battle, that the priest shall approach and speak unto the people, 3And shall say unto them, Hear, O Israel, ye approach this 8
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    day unto battleagainst your enemies: let not your hearts faint [be weak, soft][FN6] fear not, and do not[FN7] tremble, neither be ye terrified because of them; 4For the Lord your God is he that goeth with you, to fight for you against your enemies, to save you 5 And the officers [shoterim] shall speak unto the people, saying, What man is there that hath built a new house, and hath not dedicated it? let him go [he shall go] and return unto his house, lest he die in the battle, and another man dedicate it 6 And what man is he that hath planted a vineyard, and hath not yet eaten[FN8] of it [taken into use]? let him also go [he shall go] and return unto his house, lest he die in the battle, and another man eat of it 7 And what man is there that hath betrothed a wife, and hath not taken her? let him go [he shall go] and return unto his house, lest he die in the battle, and another man take her 8 And the officers [shoterim] shall speak further unto the people, and they shall say, What man is there that is fearful and faint-hearted? let him go [he shall go] and return unto his house, lest his brethren’s heart faint [melt, flow down] as well as his heart 9 And it shall be, when the officers [shoterim] have made an end of speaking unto the people, that they shall make captains of the armies[FN9] to lead the people 10 When thou comest nigh unto a city to fight against it, then proclaim peace unto it 11 And it shall be, if it make thee answer of peace, and open unto thee, then it shall be, that all the people that is found therein, shall be tributaries unto thee, and they shall serve thee 12 And if it will make no peace with thee, but will make war [battle] against thee, then thou shalt besiege it [close, enclose it]: 13And when the Lord thy God hath delivered it into thine hands, thou shalt smite every male thereof 14 with the edge of the sword: But [only] the women, and the little ones, and the cattle, and all that is in the city, even all the spoil thereof, shalt thou take [spoil, plunder] unto thyself: and thou shalt eat [enjoy] the spoil of thine enemies, which the Lord thy God hath given thee 15 Thus shalt thou do unto all the cities which 16are very far off from thee, which are not of the cities of these nations. But [Only] of the cities of these people which the Lord thy God doth give thee for an inheritance, thou shalt save alive nothing that breatheth: 17But thou shalt utterly destroy them, namely, the Hittites, and the Amorites, the Canaanites, and the Perizzites, the Hivites, and the Jebusites, as the Lord thy God hath commanded thee: 18That they teach you not to do after all their abominations which they [do] have done unto their gods; so should ye sin against the Lord your God 19 When thou shalt besiege a city a long time in making war against it to take it [conquer it] thou shalt not destroy the trees thereof by forcing an axe against them; for thou mayest eat of them: and thou shalt not cut them down (for the tree of the field is man’s life) to employ them in the siege [for O Prayer of Manasseh, the tree of the field is there to go before thee (through thee) (in the) siege].[FN10] 20Only the trees which thou knowest that they be not trees for meat [fruit trees] thou shalt destroy and cut them down; and thou shalt build bulwarks against the city that maketh war with thee, until [its fall] it be subdued. Deuteronomy 21:1 to Deuteronomy 9:1. If one be found slain in the land which the Lord thy God giveth thee to possess it, lying [fallen] in the field, and it be not known who hath slain him: 2Then thy elders and thy judges shall come forth, and they shall measure unto the cities which are round about him that is slain: 3And it shall be that the city which is next unto the slain Prayer of Manasseh, even the elders of that city 9
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    shall take anheifer which hath not [yet] been wrought with, and which hath not [yet] drawn in the yoke; 4And the elders of that city shall bring down the heifer unto a rough valley [a perennial brook][FN11] which is neither eared nor sown, and shall strike off5[break] the heifer’s neck there in the valley; And the priests the sons of Levi shall come near, (for them the Lord thy God hath chosen to minister unto him, and to bless in the name of the Lord,) and by their word [mouth] shall every controversy and every stroke be tried; 6And all the elders of that city that are next unto the slain man, shall wash their hands over the heifer that is beheaded [whose neck is broken] in the valley: 7And they shall answer and say, Our hands have not 8 shed this blood, neither have our eyes seen it. Be merciful [Forgive] O Lord, unto thy people Israel, whom thou hast redeemed, and lay not innocent blood unto thy people of Israel’s charge [into the midst of thy people Israel]. And the blood shall be forgiven them.[FN12] 9So shalt thou put away the guilt of innocent blood from among you, when thou shalt do that which is right in the sight of the Lord. EXEGETICAL AND CRITICAL 1. Deuteronomy 19:1-13. With chap19 the discourse passes unquestionably to the sixth commandment. Other commands are alluded to only as they may be connected with this. Deuteronomy 19:1. Comp. Deuteronomy 12:29; Deuteronomy 17:14. Deuteronomy 19:2 refers undoubtedly to Canaan. Comp. upon Deuteronomy 4:41 sq. [The three East Jordan cities had been already named. Moses now gives direction for the three West of Jordan.—A. G.]. Deuteronomy 19:3 directs that the way to the cities of refuge (collectively) should be put into a proper condition, and kept in it, so that there should be no hindrance in this respect. “According to tradition, the way must be level, thirty- two cubits broad, and marked by fingerposts, bearing the words Refuge, Refuge” Herxheimer. [The same tradition tells us that the magistrates were to send out surveyors and repair these ways annually on the 15 th of the month Adar; that every obstacle must be removed, and no stream left unbridged.—A. G.]. The direction, Numbers 35:14, was carried out, through the threefold division of Canaan, with reference to the point in view. The there prescribed three refuge cities in Canaan are placed now one each, in the smaller parts, equally near to all sides, and thus the way first becomes practical. Thee, as Deuteronomy 19:2, brings out the personal use and obligation in regard to the designed preservation of life, and prevention of bloodshed in Israel. Comp. further upon Deuteronomy 1:38; ( Deuteronomy 3:28; Deuteronomy 12:10) Deuteronomy 4:42. Deuteronomy 19:4, as Deuteronomy 15:3. Comp. upon Deuteronomy 4:42. Deuteronomy 19:5 illustrates by example the more general statement in Deuteronomy 19:4. Compare Numbers 35:22 sq. ‫ים‬ ִ‫צ‬ֵ‫ﬠ‬ wood for burning or building, ‫ל‬ ַ‫ָשׁ‬‫נ‬7:1 , casts out, here used intransitively, falls off. Others (transitively) and the iron is drawn from the wood—a piece which hits. At its close Deuteronomy 19:6 discloses the object of the arrangement. ‫ל‬ ֵ‫א‬ֹ‫ג‬ is the redeemer who both on account of some possession belonging to the family is a member interested, and in a special sense, on account of blood kindred, has to save, redeem, avenge the bloodshed of the family according to the divine, as according to the human and natural right of retaliation. This 10
  • 11.
    private justice, asis very natural, must be somewhat restrained both on account of the personal feelings of the subject, and from the first heat of grief and anger. The refuge offers its convenient situation to the pursued generally, but especially to those overtaken, ( Deuteronomy 14:24). ‫,נפשׁ‬ the prominence of life, for whose sacredness it is here provided, and to which the succeeding words whereas he was not worthy of death, Schroeder, literally, and there is not to him the right of death, correspond, i.e., death does not belong to him as a right, as a legal right, or the judgment of death, death penalty, or the case is no legal case of life and death, no breach worthy of death. Deuteronomy 19:7. The more emphatic statement with regard to the three cities in Canaan, while the three East of Jordan, as set apart, and arranged by Moses, are not again alluded to. Deuteronomy 19:8 connects itself with Deuteronomy 19:7, but passes on to that which is still wider, and in a way to recall Deuteronomy 11:24; Deuteronomy 1:7. Comp. Deuteronomy 12:20 ( Genesis 15:18). The method of the discourse, Deuteronomy 19:9 ( Deuteronomy 4:6; Deuteronomy 5:1; Deuteronomy 6:5; Deuteronomy 8:6; Deuteronomy 11:22.) also forbids us to hold with Hengstenberg that the three cities more are the three cities in Canaan, mentioned, Deuteronomy 19:2, beside these three described, Deuteronomy 4:41 sq. Neither is it true that the three new cities (Knobel) are those West of the Jordan, and the three East of the Jordan those spoken of in Deuteronomy 19:2. The three cities here are rather in the prospect of the promised future, which prospect was obscured by the failure to fulfil the conditions with which it was connected. (If thou shalt keep, sq.). There remain thus only six (instead of the nine, to which the prospect here enlarges) of which the discourse treats. Schultz rightly emphasizes the wider horizon of Deuteronomy in this regard as Mosaic. [“It is obvious that such a passage as this could not have been penned in the times to which rationalist critics assign Deut. No one living in those times would think of treating as a future contingency (“If the Lord thy God enlarge, sq.) an extension of territory which at the date in question had in fact taken place long ago, and been subsequently forfeited.” Bib. Com.—A. G.], Deuteronomy 19:10 resumes now the thread broken off at Deuteronomy 19:7; Deuteronomy 19:8-9, being regarded as a parenthesis. Innocent blood was that of the slayer, upon whom death is visited, not with judgment or right, ( Deuteronomy 19:6). Comp. Deuteronomy 19:3. In such cases, if there were no refuge, blood, i.e., the guilt of blood would be upon Israel. Deuteronomy 19:11-13. Insert the contrast. Comp. Genesis 4:8; Exodus 21:14; Numbers 35:16 sq. Private justice must follow upon, be connected with, and subordinated to public justice. The elders form the fitting mediation for this purpose, partly as they are the (more revered) fathers, corresponding to the domestic element in the blood-revenger, partly as the city magistrates who represent in general the executive power of the State, and from whom also, as from the priests and Levites the judges were to be chosen ( Deuteronomy 16:18). Thus the still ruling custom among the Arabians, of blood-revenge, was legally bounded and civilized, just as out of the predominant family life by and by the orderly state springs. Deuteronomy 19:13, as Deuteronomy 7:16; Deuteronomy 13:9; Deuteronomy 13:6; Deuteronomy 5:30 ( Deuteronomy 15:16). Comp. Numbers 35:31 sq. PULPIT, "Deuteronomy 19:1-13 Moses had before this enunciated the law concerning cities of refuge for manslayers, and had already pointed out the cities on the east of the Jordan that were to be set apart 11
  • 12.
    for this (Numbers35:11, etc.; Deuteronomy 4:41, etc.), he here repeats the law with special reference to the appointment of such cities "in the midst of the land," on the west of the Jordan, in Canaan itself; and he supplements the instructions formerly given with directions as to the maintenance of roads to the cities of refuge, and as to the division of the land, so that there should be a city of refuge in every third of the land. PULPIT, “Deuteronomy 19:1-13 The cities of refuge. The appointment of cities of refuge by Moses is of great interest, as yielding a study in Jehovah's ways of educating his people, and of giving light and truth to men. We will see— I. THE PLACE THIS INSTITUTION OCCUPIES IN HISTORY. £ So far as we are aware, there is nothing just now existing among civilized nations with which it is altogether analogous. The most recent regulations which seem to be a kind of reflection of it from afar, are those in the mediaeval Church, called "the right of sanctuary." Ecclesiastical historians inform us that the right of refuge in churches began as early as the days of Constantine; that at first only the altar and the interior of the Church was the place of refuge, but that afterwards any portion of the sacred precincts availed. This privilege was "not intended to patronize wickedness, but to give a place of shelter for the innocent, or, in doubtful cases, to give men protection till they could have a hearing, and to give bishops an opportunity of pleading for criminals." These refuges allowed thirty days' respite, though under the Anglo-Saxon law of King Alfred but three days were granted. It speaks but little for the advance of opinion then that the right of refuge was denied, not only to the openly wicked, but to heretics, apostates, and runaway slaves. In after times this right of sanctuary was granted even to notorious criminals, not excepting such as were guilty of treason. In early ages there were asyla among the Germans. Before that, among the Romans. In founding Rome, Romulus made it a place of refuge for criminals from other states, for the purpose of peopling the city. Further back, in the Greek states, the temples, altars, sacred groves, and statues of the gods possessed the privilege of protecting slaves, debtors, and criminals. And, if we go back further still, we find among Oriental peoples a custom known by the uncouth term, "blood-revenge," according to which, if a murder had been committed, the nearest of kin to the murdered man had a right to pursue the murderer and take vengeance on him. It is said that among the Arabs this right exists to the present day. In what form it existed among the ancient Egyptians we are able to infer from Mr. Lane's statement that it exists in almost savage wildness among the moderns. And we might gather, from the way in which Moses uses the term "avenger of blood," that the Hebrews may have been familiar with it, as having seen it practiced in Egypt, or as having received the custom from the nations among whom their fathers dwelt prior to going down into Egypt. This right of the nearest of kin to avenge a murder in a family is called goelism, from the word "goel," which has the two apparently incompatible meanings of "next of kin" and "avenger of blood." So that there are actually two institutions known of, in the light of which we have to look at these cities of refuge. One, goelism; the other, the right of sanctuary. Each of them was open to abuse. If the former had unrestricted sway, private revenge might bear very hardly on one who had accidentally killed 12
  • 13.
    another. Supposing thesecond to be left without guard, it might become the means of screening from justice criminals of the worst type. The first abuse was common among Oriental nations; the second, amongst Greeks, Romans, Anglo-Saxons, and the mediaeval sanctuaries of Europe. And it is only as we set the Mosaic institution in the double light of the earlier ones out of which it came, and of the later ones which came out of it, that its real value can be seen. Hence we see— II. THE PURPOSE IT SERVED IN THE MOSAIC LEGISLATION. There is one fundamental principle on which the Mosaic civil code is based, i.e. the value of patient culture. Moses found certain abuses existing. He did not sweep them away at once, but aimed at educating the people out of them. With regard to this right of revenge, he established such a remarkable system of checks and counter-checks as surely only a superhuman wisdom could, in that age, have devised. Our space will only allow us to indicate these very briefly. 1. Moses recognizes the sacredness of human life, both to God and to man. 2. He provides that, when a wrong is done to society, it should be in some way recognized, and that society should have its own safeguard against the repetition thereof. 3. A great step would be gained if such reparation for the wrong as is needed for the sake of security could be gained without any peril of the wild play of private revenge (Deuteronomy 19:6; Numbers 35:24). 4. A broad distinction is to be made between wrongs (Numbers 35:25). 5. The examination of the case and the decision upon it were put into the hands of the people through their elders and judges. 6. The cities of refuge were selected where justice was most likely to be done; even from the cities of the Levites. 7. All this was doubly fenced from abuse. For 8. The reason is given in Numbers 35:33, Numbers 35:34. Now, when we know that all legislation has to be tested, not by the question, "What is absolutely the test?' but by "What is the best the people can bear?"—surely these laws give indications of a guidance and wisdom not less than Divine. III. THE TYPICAL FORESHADOWINGS IN THIS INSTITUTION ARE NOTEWORTHY. They are many. The preacher may well luxuriate in working them out. 1. Outraged right requires vindication. 2. In vindicating the right and avenging the wrong, equity and kindness are to be studiously guarded. Grace is to reign through righteousness. 3. God, in his kindness, provides a refuge from the haste or excesses of private revenge. 13
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    4. God givesspecial directions concerning them. There was to be one in each district, so that the fleeing one might not have too far to go. The place was to be accessible; good roads thither were to be made. The Jews caught the spirit of the directions, and had direction-posts put at the corners of roads, with the words "Refuge! Refuge!" plainly put thereon. The same rule for a Hebrew applied to the stranger and foreigner. The refuge did not avail if a man did not rice thither. And there were sins for which it did not avail at all (see Numbers 35:11,Numbers 35:12, and Numbers 35:29-34); and where the refuge did avail it was only the death of the high priest which set a homicide entirely free from the consequences of his blood-shedding. IV. THERE ARE SOME RELATED TRUTHS IN THE GOVERNMENT OF GOD WHICH ARE NOT FORESHADOWED IN THESE CITIES OF REFUGE. Two of these there are, and those so remarkable, that it is not surprising if some do not regard the cities of refuge as being typical at all. 1. Though the manslayer was to flee to the city, yet he was to flee from the goel. The opposite is the case under the gospel. We said that the word "goel" had two meanings, viz. that of "nearest of kin" and "avenger of blood," because the nearest of kin was the avenger of blood. But as the student traces the Bible use of this word, lo, it has a third meaning, even that of redeemer (Isaiah 41:14; Isaiah 43:14; Isaiah 44:24; Isaiah 48:17; Isaiah 54:5, Isaiah 54:8; Isaiah 60:16). Jehovah is the Goel. The Lord Jesus Christ is our next of kin, the avenger of wrong, the Redeemer. He has vindicated the majesty of Law by bearing the stroke, that it may not be inflicted on the penitent. He is at once our City of Refuge and our Goel. We flee to him, not from him. 2. The refuge was provided for the delay of judgment till the case was examined. Here, refuge is for the penitent, that he may never come into judgment at all He may say and sing— "Should storms of sevenfold thunder roll, And shake the globe from pole to pole, No flaming bolt shall daunt my face, For Jesus is my Hiding-place." HOMILIES BY J. ORR. Deuteronomy 19:1-13 14
  • 15.
    Cities of refuge. Theinstitution of cities of refuge (cf. Deuteronomy 4:41-43) seems to have been peculiar to the legislation of Moses. It is an institution reflecting strong light on the wisdom, justice, and humanity of the Mosaic code. The system of blood revenging, while securing a rude kind of justice in communities where no proper means existed of bringing criminals to public trial, was liable to great abuses (Deuteronomy 19:6). The usage was, however, too deeply rooted to be at once abolished, and Moses, by this ordinance, did not seek prematurely to abolish it. The worst evils of the system were checked, and principles were asserted which were certain in course of time to lead to its abandonment. In particular the two principles were asserted: 1. The distinction between accidental homicide (Deuteronomy 19:4, Deuteronomy 19:5) and intentional murder (Deuteronomy 19:11). 2. The right of every criminal to-a legal trial. It is a proof of the wisdom of the institution that, under its operation, blood avenging seems very early to have died out in Israel. These old cities of refuge, though their gray walls have long since crumbled to decay, have still much about them to interest us. We can scarcely regard them as ordained types of gospel realities, but they certainly furnish valuable illustrations of important gospel truths. To a reader of the New Testament, Christ is suggested by them, and shines through them, and the best use we can make of them is to learn from them the need of seeking a like security in Christ to that which the manslayer found in his strong city (see infra).—J.O. Deuteronomy 19:1-13 The cities of refuge as types. Using the word in a popular and not in a theological sense, we may speak of them in this way. We have in the law ordaining them— I. A VIVID PICTURE OF THE DANGER OF THE SINNER. In certain points the contrast is stronger than the resemblance. 1. The manslayer might be guiltless of the crime imputed to him. His act may have been unintentional. He had in that case done nothing worthy of death (Deuteronomy 19:6). To slay him would have been to shed "innocent blood." The sinner who seeks refuge in Christ cannot enter this plea. His sins are only too real and inexcusable. 2. The avenger of blood may have pursued the man-slayer unjustly. He may have sought his death in blind fury and passion. His hot heart would make no distinctions. The Avenger whom we have to fear is holy and just. His breast harbors no vindictiveness, nor does he pursue without just cause. Yet he does pursue, for sin is the one thing which God cannot tolerate in his universe, and he will not allow it to pass unjudged and unavenged. These are points of difference, but in the one point of awful and immediate danger, the parallel is exact. Outside the walls of the city of refuge the manslayer knew that there was no safety for him. A sword was unsheathed which 15
  • 16.
    would certainly drinkhis blood, if the pursuer could but overtake him. Delay meant death, and he would not tempt it by pausing one instant in his flight. Is the situation of the sinner out of Christ any less perilous? "The wrath of God abideth on him" (John 3:36). The sword of justice is unsheathed against him. Whither shall he flee to escape his danger? Concealment may have been possible from the avenger of blood, but it is not possible from God. Nor will any other refuge than Christ avail. The man in shipwreck, who scorns to avail himself of the lifeboat, but prefers to cling to the solitary hulk, filling with water, and doomed soon to go to the bottom, is not more certain of his fate than is the transgressor of God's Law, rejecting Christ, letting his day of grace slip past, and clinging vainly to his own righteousness or to any other mocking hope. "Neither is there salvation in any other," etc. (Acts 4:12). II. A VIVID PICTURE OF THE SECURITY OF THE REFUGE PROVIDED IN CHRIST. In Christ, our Savior, God has provided a secure and accessible refuge for the sinner. Here again there is a point of contrast as strongly marked as is the feature of resemblance. The refuge city was, after all, only a refuge for the innocent. The manslayer may have been rash and careless, and in that sense blameworthy, but he was not a willful murderer. For the deliberate murderer there was no asylum (Deuteronomy 19:11-14). He was to be taken even from God's altar, and put to death (Exodus 21:14). In this respect the gospel presents features different from the refuge of the Law. It is true that even in Christ there is no refuge for sinners wedded to their sins. If murderers may come to him, it is no longer with murderous, impenitent, unbelieving hearts. But, on the other hand, of those who turn to him in penitence, there is none whose sins are so black that the Savior will not take him in. The guiltiest and most red-handed may wash in his blood, and be cleansed from their stains (1 John 1:7). This is the peculiarity of the gospel that as, on the one hand, it proclaims the absolute need of salvation to those who may think themselves too good for it; so, on the other, it holds out welcome to those who might be tempted to think themselves too bad for it. There is none beyond the pale of God's mercy save he who puts himself beyond it by his own unbelief. Christ is a Refuge for sinners: 1. In virtue of the offices he sustains. 2. In virtue of the work he has accomplished. 3. In virtue of the position he occupies—appearing in heaven in the presence of God for us. In him believers are safe. They are freed from condemnation (Romans 8:1). They are justified—saved from guilt and wrath—under Divine protection, and certain of acquittal in the judgment (Romans 5:1, Romans 5:9, Romans 5:10; Romans 8:31-39). They "have a strong city; salvation will God appoint for walls and bulwarks" (Isaiah 26:1). III. A VIVID PICTURE OF THE SIMPLICITY OF THE WAY OF SALVATION. The way to the city of refuge was direct and plain. The roads were kept in good repair. A sufficient number of cities was provided to make the refuge readily accessible from every part of the land. It was God's desire that men should reach the refuge, and every facility was afforded them for doing so which the ease admitted of. How fit an image of 16
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    the simplicity anddirectness of the gospel method of salvation through faith in Christ! "Believe on the Lord Jesus Christ, and thou shalt be saved" (Acts 16:31). "It is of faith, that it might be by grace; to the end the promise might be sure to all the seed" (Romans 4:16). Faith includes the three ideas of believing in, accepting of, and resting in Christ. Doubtless, to some, faith seems anything but easy. Carrying with it the surrender of the heart to Christ, it is, in one view of it, the hardest of all conditions. But it is hard only to those who love sin more than they desire salvation. The soul that sees the evil of its sin, and has a deep desire to escape from it and to be reconciled to God, will never cease to wonder at the simplicity of the way by which its salvation is secured. IV. AN ILLUSTRATION OF THE NECESSITY OF ABIDING IN CHRIST FOR SALVATION. The manslayer had to abide in the city till the high priest's death. If he went beyond it he was liable to be slain (Numbers 35:25-29). Our High Priest never dies, and we must abide in our city if we would be safe (John 15:4; Colossians 1:23; Hebrews 3:14; Hebrews 10:38, Hebrews 10:39). The conclusion of the whole is, the duty of availing ourselves at once of this Refuge "set before us" (Hebrews 6:18).—J.O. BI 1-13, "That every slayer may flee thither. Cities of refuge I. There are many, besides the murderer of Uriah, who have need to cry with him, “deliver me from blood guiltiness, O God.” 1. And, first, since a preacher must address his own conscience, as well as those of the hearers, I cannot forget the fearful applicability which this charge of blood guiltiness may have to Christian ministers. If ministers neglect to warn the wicked, if they keep back from the people any part of the counsel of God, either doctrinal or practical, and do not declare it; if they omit in their teaching either “repentance towards God,” which is the beginning of the Gospel, or “faith towards our Lord Jesus Christ,” which is the body and substance of it—blood lieth at their door, the angel of Divine vengeance is abroad in pursuit of them: blood for blood, life for life, this is His legal requirement; His eye shall not pity, neither shall it spare; the manslayer’s life—not the life of his body, but the life of the soul—is justly forfeit, unless, indeed, there be, under the economy of grace, some spiritual city of refuge appointed for him, into which he may flee and be safe. 2. Consider, then, I pray you, that subtle, undefinable thing, conveyed in a single remark, or in a single glance, or even sometimes in a single gesture, called influence. Consider how it propagates itself, and runs along like beacon fires—how alarmingly contagious and infectious its nature is. 3. But the influence which all people professing religion exercise on society at large, and claim to exercise, is too important to go without some remark. II. The sinner’s spiritual refuge, I need not tell you, is Jesus Christ, who represents also the merciful elders and the anointed high priest; and the road by which we flee to Christ spiritually is the road of faith. 1. First, he must fly to Christ, as if for his life, as a man flies from a falling house or a beleaguered town—as righteous Lot was directed to flee from the cities of the plain. 2. As impediments were removed out of the manslayer’s way, and the road was made as easy and obvious to him as possible, so it is a very simple thing to believe in Christ, and thus to flee to our spiritual City of Refuge—so much so, that its extreme simplicity sometimes puzzles us, and makes us look with distrust upon faith, as if so very obvious a 17
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    thing could notbe the appointed way of coming to God. 3. When the merciful Elder, Jesus Christ, comes to the gate of the city of refuge, what have we to plead with Him? We have nothing to plead but our own sin and misery, and the Divine covenant which was ratified by His blood—the Divine assurance that He is able to save to the uttermost those who come unto God by Him. We must insist upon our right to receive a “strong consolation” for our troubled conscience, even because we have in God’s appointed way “Cried for a refuge to lay hold on the hope set before us” in Him. And surely the merciful Elder will receive and comfort us, and give us a place that we may dwell with Him. 4. Again, the manslayer was to abide in the city of his refuge—and so must we abide in ours, if we would be safe. The justice of God may arrest us the moment we are out of Christ. III. Such, then, are some of the points of analogy between the Jewish city of refuge and its New Testament Antitype. There are two points of glorious contrast. 1. The city of refuge was permanently available only to such manslayers as had acted without any evil intent. Not so our City of Refuge! Christ is able to save to the uttermost. 2. The manslayer was to remain in the city until the high priest died. But our High Priest never dies. “He ever liveth to make intercession for us.” IV. Do we wish to know whether we are abiding in this City of Refuge, under the wing of the merciful Elder, under the auspices of the Great High Priest? There is only one safe test of this, and it is very easily applied. “He that saith he abideth in Him ought himself also so to walk even as He walked”; and again, “Whosoever abideth in Him, sinneth not”; and again, “He that keepeth His commandments dwelleth in Him.” As the evidence of our being in Christ at all is our bearing fruit, so the evidence of our abiding in Him is our bearing much fruit; “He that abideth in Me, and I in him, the same bringeth forth much fruit.” And the fruit is this: “love, joy, peace, long-suffering, gentleness, goodness, faith, meekness, temperance, against which there is no law.” (Dean Goulburn.) Deliver him into the hand of the avenger. No refuge for a man hater The universe was not constituted to give security to murderers: there is no shelter for a man hater. He may get into a city of refuge, but he is to be dragged out of it: the evil-doer may make a profession of religion, but his cloak, though of velvet and gold braided, must be torn from his shoulders. The universe has no lodgment for the man of malicious heart and murderous spirit; the city of refuge in Israel was not built for him; he has no right in it; to pity him is to despise the law; to pity the murderer is to forget the murdered. The eyes of justice are fixed upon both points in the case. It is an evil sentiment that spares the wrong-doer and forgets the wrong-endurer, the sufferer of wrong. There is one place appointed for the murderer. Who is the murderer? Not the shedder of blood:—whoso hateth his brother without a cause is a murderer. This is the great law, not of Israel only, but of the Church of Christ in all ages. Beware of malice! It does not always begin in its broadest form, or leap at once in all its intensity into human action: it begins in little frets and spites and jealousies; it starts out of a root of criticism, of fault finding, and investigations into consistency; it may begin as a clever action, showing the spirit of judgment, and proving itself to be equal to the analysis of the most hidden motive; but it grows; disappointed, it begins to justify itself; foiled in its attempts to succeed, it retires that it may increase the supposed evidence that is at command; then it returns to the onslaught; it grows by what it feeds on; at last, philanthropy—love of man—dies, and misanthropy—hatred of man—takes its place. Then is the soul a murderer; 18
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    and, thank God,there is no city of refuge for the murderer of life, of hope, of love, of trust!— open the door and thrust ye the unprofitable servant into outer darkness!—the sun will not spare a beam to bless the murderer. Christ is not a refuge in the sense of a criminal being able to outrun justice. The picture in Israel was the picture of a man fleeing for refuge and an avenger fleeing after him; and if the avenger were swifter of foot, the man slayer might be killed outside the city. There is no such picture in Christianity. In Christ we do not outrun justice: justice itself, by a mystery we can neither understand nor explain, has been satisfied by Christ. (J. Parker, D. D.) Deuteronomy 19:1-21 When justice is done, it brings joy to the righteous but terror to evildoers. - Proverbs 21:15 TODAY IN THE WORD Last year (2001), Chicago led all American cities with a total of 667 murders, ahead of New York City’s 642. Homicides went up in 15 out of 25 police districts, with most killings tied to gangs, drugs, and domestic violence. Total murders increased by 36 over the year before, the first such increase in eight years, despite the fact that general crime rates have been dropping. Justice and order are key concerns of society in any age, past or present. We’ve seen this earlier in Deuteronomy, and it’s here again in today’s reading. Cities of refuge had already been named east of the Jordan River (Deuteronomy 4:41, 42, 43; cf. Num. 35). Moses directed that additional such cities be designated on the west side after the conquest (cf. Josh. 20). If one person killed another inadvertently, he could flee to this place for protection from the “avenger of blood,” a relative of the dead person who would seek vengeance. Such cities were specifically not for cases of premeditated murder, but only accidental manslaughter. Another issue was boundary stones. To move them constituted an attempt to steal land, and was thus regarded as a serious crime (cf. Hos 5:10). As we saw on July 16, one witness was not enough to prove a case. Furthermore, judges were responsible to probe for and punish malicious motives and false testimony. The punishment would be measured out according to the harm intended. Dealing with sin in this way would deter others and keep the nation pure. The idea of “an eye for an eye and a tooth for a tooth” was not unique to Israel (Dt 19:21). Called the lex talionis, or “law of retaliation,” this figurative language established the principle that the punishment should fit the crime. Jesus taught against the misunderstanding that saw “an eye for an eye” as a license to get even. On the contrary, turning the other cheek and going the extra mile should characterize everyday life (Mt. 5:38, 39, 40, 41, 42-note). TODAY ALONG THE WAY 19
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    In response totoday’s devotion and the justice of God, find out more about prison ministries in your area. You might start by checking with your church missions committee, to see if the church already supports someone you could contact. You could also check the yellow pages or do a search on the Internet. Deuteronomy 19:1-21 Do no wrong or violence to the alien, the fatherless or the widow, and do not shed innocent blood in this place. - Jeremiah 22:3 TODAY IN THE WORD The Jewish philosopher Philo once wrote, “Holiness toward God and justice toward men usually go together.” We see this reflected in the Law of Moses. God’s Law was not merely concerned about law and order–its aim was to move Israelite society in the direction of justice. One proof of this is seen in the rules laid down for the establishment of cities of refuge. Once God’s people had settled in the land, they were to establish cities in a central location and build roads to them so that people would have easy access. Anyone guilty of unintentionally killing another person and who took refuge there was guaranteed protection from the “avenger of blood” until the elders of the city judged his case. The “avenger of blood” was the one charged with responsibility for executing the death penalty on those guilty of murder. The text doesn’t say how this person was appointed. It is likely that he was a family member of the victim who was given the responsibility of seeing that justice was done. If the accused was found guilty by the elders of the city, he was given to the avenger of blood. If found innocent, he remained there, serving a virtual life sentence until the death of the High Priest. This law balanced the community’s responsibility to avenge innocent blood with its obligation to protect the rights of the accused. In addition, the Law of God required the validity of all accusations to be corroborated by the testimony of two or more witnesses. Anyone who gave false testimony was liable to the same punishment that would have been executed on the one who had been accused. TODAY ALONG THE WAY God’s holiness is reflected in His passion for justice. His justice is tempered with mercy. Both come together in the work of Jesus Christ. God did not lower the demands of the Law in Christ. Instead, He met them by sending His Son to suffer the death penalty that our sins deserve. As a result, Jesus has become a source of mercy for all those who trust in Him. 2 then set aside for yourselves three cities in the 20
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    land the Lordyour God is giving you to possess. GILL, "Thou shalt separate three cities for thee in the midst of thy land,.... From the cities they took possession of and dwelt in; and indeed from the cities of the Levites, which were given to them to inhabit; three were before ordered to be separated from those inhabited by the tribes of Reuben and Gad, and the half tribe of Manasseh, Deu_4:41 but these were to be in the midst of the land of Canaan; see Jos_20:7, which the Lord thy God giveth thee to possess it: which as it is often mentioned when this land is spoken of, so it carries in it a reason here why this order of the Lord's should be readily complied with, the whole land and all the cities of it being the gift of his to them. JAMISON, "Thou shalt separate three cities for thee in the midst of thy land — Goelism, or the duty of the nearest kinsmen to avenge the death of a slaughtered relative, being the customary law of that age (as it still is among the Arabs and other people of the East), Moses incorporated it in an improved form with his legislative code. For the protection of the unintentional homicide, he provided certain cities of refuge - three had been destined for this purpose on the east of Jordan (Deu_4:41; Num_35:11); three were to be invested with the same privilege on the west of that river when Canaan should be conquered. in the midst of thy land — in such a position that they would be conspicuous and accessible, and equidistant from the extremities of the land and from each other. COKE, "Ver. 2. In the midst of thy land— Rather, within thy land, as appears from the next verse. The land was to be divided into three parts; and a city of refuge to be set apart in each, in the most convenient place for those to flee to, who should be so unhappy as to stand in need of an asylum. BENSON, "Deuteronomy 19:2. Thou shalt separate three cities for thee — There were to be six cities of refuge in all, but Moses had already appointed three on that side of Jordan where they now were. See Numbers 35:14-15; Deuteronomy 4:41. In the midst of thy land — That is, in the midst of the several parts or districts of thy land, or within thy land; for had they been all three in the very heart of the country, the very intention of them would have been counteracted: which was, that they should be so conveniently placed in several parts of the country, that men might easily and speedily flee to them. 3 Determine the distances involved and divide 21
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    into three partsthe land the Lord your God is giving you as an inheritance, so that a person who kills someone may flee for refuge to one of these cities. BARNES, "Thou shalt prepare thee a way - It was the duty of the Senate to repair the roads that led to the cities of refuge annually, and remove every obstruction. No hillock was left, no river over which there was not a bridge; and the road was at least 32 cubits broad. At cross-roads there were posts bearing the words Refuge, Refuge, to guide the fugitive in his flight. It seems as if in Isa_40:3 ff the imagery were borrowed from the preparation of the ways to the cities of refuge. CLARKE, "Thou shalt prepare thee a way - The Jews inform us that the roads to the cities of refuge were made very broad, thirty-two cubits; and even, so that there should be no impediments in the way; and were constantly kept in good repair. GILL, "Thou shalt prepare thee a way,.... A road, an highway to those cities: on the first of Adar, or February, the magistrates used to meet, and proclaimed, or ordered to be proclaimed, that the ways be repaired (r), particularly those leading to the cities of refuge; which was done by making them smooth and plain, so that there was not an hill or dale to be seen; and by building bridges over rivers and brooks, that he might escape who had killed anyone through mistake, and not be hindered, lest the avenger of blood should overtake him and kill him (s); and therefore every obstruction was removed out of the way, that there might be a clear course for him; and at the parting of ways, or where two or more ways met, that he might not be at a loss one moment which way to take, "refuge" was written, as Jarchi and other writers observe, upon posts or pillars erected for that purpose: See Gill on Num_35:6, and divide the coasts of thy land, which the Lord thy God giveth thee to inherit, in three parts; in each of which was to be a city of refuge, and those at an equal distance: so Jarchi observes, that this was done that there might be from the beginning of the border (of the land) unto the first city of the cities of refuge, according to the measure of a journey, that there is from that to the second, and so from the second to the third, and so from the third to the other border of the land of Israel: of the situation of these cities, so as to answer to those on the other side Jordan; see Gill on Num_35:14, that every slayer may flee thither; to that which is nearest and most convenient for him, that is, who had slain a man unawares, as follows. JAMISON, "Thou shalt prepare thee a way — The roads leading to them were to be kept in good condition and the brooks or rivers to be spanned by good bridges; 22
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    the width ofthe roads was to be thirty-two cubits; and at all the crossroads signposts were to be erected with the words, Mekeleth, Mekeleth, “refuge, refuge,” painted on them. divide the coasts of thy land ... into three parts — the whole extent of the country from the south to the north. The three cities on each side of Jordan were opposite to each other, “as two rows of vines in a vineyard” (see on Jos_20:7). COKE, "Ver. 3. Thou shalt prepare thee a way, &c.— The Jewish rulers added a number of other laws for keeping those roads in continual repair, that the person might meet with no obstruction in his flight. These roads, according to them, were to be thirty-two cubits in breadth, smooth and plain. At every place where the road parted, a post was to be set up to direct him, which had the word ‫מקלט‬ miklat, REFUGE, engraven upon it. Every brook or river was to have a good bridge; all watery places were to be drained, and the surface kept smooth and hard. Once a year, at least, in the month of Adar, which answers in part to our February, the magistrates of every city were obliged to visit them, and see that they were kept in good order; otherwise, in case the avenger chanced to overtake and kill the slayer, the magistracy of the place were adjudged guilty of his death. As for the cities of refuge, they were to be of a moderate size, well furnished with water, provisions, and artists. For more respecting the cities of refuge, we refer the reader to the notes on Numbers 24-35:12 . REFLECTIONS.—(1.) These cities are representative of Christ: the sinner fleeth to him, and is safe. (2.) Ministers are the directories, to teach the way, and assist such as desire to flee from the wrath to come. (3.) The way is plain, and the city near, for every awakened soul which truly flies for refuge. If any sinner perishes, his blood is on his own head, because he neglects so great a salvation. BENSON, "Deuteronomy 19:3. Thou shalt prepare thee a way — Make a plain road to them, keep it in good repair, and distinguish it by evident marks, to prevent delays and mistakes, that the manslayer might meet with no difficulty in escaping to the nearest city. And divide the coasts of thy land — Thy possessions on the west of Jordan into three equal parts, and in the central part of each open a place of refuge, which being nearly at an equal distance with respect to the inhabitants of that district, all might have the same benefit by it. HAWKER, "It is said that the Jewish magistrates were very particular respecting the observance of this law, and that once in a year a day was set apart to examine whether the ways which led to the cities of refuge were in good repair, and free from all obstructions; and that the poor fugitive which was fleeing from the avenger, might not be at a loss to know the path, a post of direction was placed at the corner of the road leading to those cities, with the word Miklat, that is refuge, engraven in great letters upon it. Whether this be literally true I presume not to say; but one thing I know, ministers of the gospel ought to be very diligent to see, not only one day in a year, but every day and all the day, that no stumbling block be placed in the way of a poor sinner, who is fleeing to JESUS for his life. Oh, thou dear Redeemer! how gracious is it that our coasts are so divided in our land, that every way there is an opening to thee in thy blood and righteousness! Blessed be the LORD! his word is nigh unto us, and his invitation 23
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    forever sounding inour ears. Oh!, for grace to flee unto thee, thou LAMB of GOD which takest away the sin of thy people. Romans 10:8; John 1:29. LANGE, ". Chap19 Deuteronomy 19:3. Starke: “Thus God prepares the way by His word and Spirit, and by His servants, to His refuge, His Saviour, that nothing may prove a hindrance in the way; as he did through John the Baptist, Matthew 3:3. But Christ is equally near all His servants, Matthew 11:28; John 6:37. Berl. Bib: “How excellent is the refuge which tempted and troubled sinners have in Him, in whom is the whole fulness of the Godhead; so that no sin, no law, curse, nor Satan, death or hell, can reach them ! The finger posts point to Him. John 1:29. But whoever will have safety in Him must forsake father, mother and all. Psalm 45:10; Luke 14:26.” Wurth. Bib, Deuteronomy 19:10 : “Magistrates ought not only to punish the guilty, but protect and save the innocent,” Deuteronomy 19:1-13. The place of refuge in Israel a security, but no protection for sin.” Deuteronomy 19:14. Piscator: “God cares not only for the body and life of our neighbor, but for all that is necessary for his abode, and purposes that no one shall injure another in this respect.” Baumgarten: “With these directions the prohibition as to the landmark is so far connected, as it also has its deepest ground in the character of the land as the possession of Jehovah. Hence Moses returns immediately to the judicial investigation of the murder.” Berl. Bib.: “In Deuteronomy 19:14 to prevent civil wars among His people, God forbids any alteration of the limits, once fixed by lot in the division of the land. Each family and tribe should keep within its inheritance.” Osiander, Deuteronomy 19:20. If the magistrates cannot see the heart, they may prevent the crime from becoming common. PULPIT, "Thou shalt prepare thee a way. In the East, the roads were for the most part mere tracks made by the feet of animals used as beasts of burden or for traveling; and this continues to be the case in Palestine and many other parts of the East even at the present day. That roads, however, properly so called, were not unknown to the Hebrews, even in early times, is evident, not only from this passage, but also from Le 26:22; Numbers 20:17; Numbers 21:22; Deuteronomy 2:27; 1 Samuel 6:12. The design of the injunction here was that every facility should be afforded to the fugitive to escape to the place of refuge. In later times, it was enacted that the roads leading to these cities should be repaired every year in the month Adar, and every obstruction removed. TRAPP, "Deuteronomy 19:3 Thou shalt prepare thee a way, and divide the coasts of thy land, which the LORD thy God giveth thee to inherit, into three parts, that every slayer may flee thither. Ver. 3. Thou shalt prepare thee a way.] A direct, plain, fair highway: such a way must ministers prepare and pave for their people to Christ, the true asylum, by giving them "the knowledge of salvation by the remission of their sins." [Luke 1:76-77] 24
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    4 This isthe rule concerning anyone who kills a person and flees there for safety—anyone who kills a neighbor unintentionally, without malice aforethought. GILL, "And this is the case of the slayer, which shall flee thither, that he may live,.... It was not any slayer that might have protection in these cities, but such who were thus and thus circumstanced, or whose case was as follows: whoso killeth his neighbour ignorantly; without intention, as the Targum of Jonathan, did not design it, but was done by him unawares: whom he hated not in time past; had never shown by words or deeds that he had any hatred of him or enmity to him three days ago; so that if there were no marks of hatred, or proofs of it three days before this happened, it was reckoned an accidental thing, and not done on purpose, as this phrase is usually interpreted; see Exo_21:29. COFFMAN""Blood revenge was the police of the primitive Aryan and Semitic peoples."[7] It is important to notice that the Jews were not to change everything in their new place of residence. The ancient police system which featured the avenger of blood would continue to be used, but with the restraints and precautions inherent in the refuge system. In a similar way, the ancient landmarks in use for ages before Israel inherited Canaan were to be continued and honored. (See under Deuteronomy 19:14.) Under the avenger of blood system, any homicide gave the right to the next of kin to seek out the manslayer and kill him. In fact, it was considered a solemn duty for him to do so. The whole system of the cities of refuge was not designed to interfere with that arrangement at all, except in those cases where the killing was accidental, unintentional, and not premeditated. In Deuteronomy 19:8,9, Moses instructed the people to set up three more cities of refuge, in addition to the six already commanded, IF God should enlarge their borders, as God had sworn to their fathers that he would do IF they remembered to keep all of God's commandments. Note that God's promise to enlarge their borders was conditional (Deuteronomy 19:9), and also that the instruction to appoint three more cities of refuge was conditional (Deuteronomy 19:8). The significant thing about these instructions is that it would have been impossible, long after the times of Moses, for anyone whomsoever to have included such orders as these! "No late author would have invented such a provision."[8] Not only did God never really enlarge Israel's borders until the times of David and Solomon, but even in their times, the conquered area was not really incorporated into Israel, but merely made tributary to Israel's monarchy, and furthermore, the conquered peoples quickly regained their independence when 25
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    Solomon's incompetent son(Rehoboam) inherited the throne. Oberst summarized the instruction regarding the cities thus: "The appointment of the six was WHEN, but the appointment of the other three was IF; and the job apparently never got done!"[9] Deuteronomy 19:4-7 lays out instructions for the unintentional manslayer; and Deuteronomy 19:5,6 gives an example of what was meant by unintentional. Also, in Numbers 35:26-24, there are other examples of inadvertent homicide. TRAPP, "Deuteronomy 19:4 And this [is] the case of the slayer, which shall flee thither, that he may live: Whoso killeth his neighbour ignorantly, whom he hated not in time past; Ver. 4. Whom he hated not in time past.] There is, first, a passion of hatred. This is a kind of averse ness and rising of the heart against a man, when one sees him, so that he cannot away with him, nor speak to him, nor look courteously or peaceably upon him, and by his goodwill he would have nothing to do with him. Secondly, there is a habit of hatred, when the heart is so settled in this alienation and estrangement, that it grows to wish, and desire, and seek his hurt. Both these must be mortified. 5 For instance, a man may go into the forest with his neighbor to cut wood, and as he swings his ax to fell a tree, the head may fly off and hit his neighbor and kill him. That man may flee to one of these cities and save his life. BARNES, "With the axe - literally, “with the iron.” Note the employment of iron for tools, and compare Deu_3:11 note. GILL, "As when a man goeth into the wood with his neighbour to hew wood,.... A wood is a place common to men, and cutting down wood a business which any man might do; whereas a private place, where a man had no right to be, and doing what he had no business with, rendered a case suspicious, and such a man was liable to be taken up when any affair happened of the kind here spoken of; so the Jewish writers observe (t),"a wood is a public place for him that hurts and him that is hurt to enter there;''both had a right to go thither, the one as well as the other, he to 26
  • 27.
    whom the accidentcame, and he by whom it came; but they say, a court that belongs to a master of a house (a private court) is excepted, where there is no power or liberty for him that hurts or for him that is hurt to enter. Abba Saul says, What is hewing wood? It is what a man has a right to do, or is in his power; it is what is public and common, and not peculiar to any: and his hand fetcheth a stroke with the axe to cut down the tree; lifts up the axe and is about to strike with it, in order to cut down the tree pitched upon by him or by his neighbour, or both: and the head slippeth from the halve; the head of the axe from the handle of it: or the iron from the wood (u); the iron part of the axe, which is properly the head, from the wooden part, which is laid hold on by the hand; and this not being well fastened, slips and falls off as the blow is fetching, or the stroke just ready to be given: and lighteth upon his neighbour, that he die; hits him in some part as he stands by him, which proves fatal: he shall flee unto one of these cities, and live; be safe and secure from the avenger of blood; such an one might have the benefit of one of these cities, for, for such they were designed: the rule with the Jews is, what is done by way of descent (i.e. which comes down and lights upon a man, and is not levelled against him, or thrown up at him) he is to be exiled (or to have the benefit of a city of refuge), but what is not by way of descent, he is not to have it. Some think this is spoken of the wood which is cleaved, and not of the wood in which the iron is fixed; but the wise men say it is to be so understood (x); in which they are right. SBC, "I. There are many besides the murderer of Uriah who have need to cry with him, "Deliver me from blood-guiltiness, O God." (1) This charge may have a fearful applicability to Christian ministers. If ministers neglect to warn the wicked, if they keep back from the people any part of the counsel of God, blood lieth at their door; the angel of vengeance is abroad in pursuit of them. (2) Consider that subtle, undefinable thing called influence. Can you conscientiously say that you have always exerted your influence for good, never for evil? If in one instance you have used it for evil, blood lieth at your door. You have shed the blood of souls, and the life of your own soul is justly forfeit. II. The spiritual refuge of the sinner is Jesus Christ, and the road by which we flee to Christ is the road of faith. (1) The sinner must fly to Christ as if for his life, as a man flies from a falling house or a beleaguered town. (2) As impediments were removed out of the man-slayer’s way, and the road was made as easy and obvious to him as possible, so it is a very plain, simple thing to believe in Christ, and thus to flee to our spiritual cities of refuge. (3) When the merciful Elder, Jesus Christ, comes to the gate of the city of refuge, we can only plead our sinfulness, our infinite desert of condemnation, and God’s appointment of Jesus Christ to be a refuge to us. (4) The man-slayer was to abide in the city of his refuge, and so must we abide in ours if we would be safe. III. There are two points of contrast between the Jewish city of refuge and its New Testament antitype. (1) The city of refuge was permanently available only to such man-slayers as had acted without any evil intent. Not so our city of refuge. Christ is able to save to the uttermost. (2) The man-slayer was to remain in the city until the 27
  • 28.
    high-priest died. Butour High-priest never dies. "He ever liveth to make intercession for us." E. M. Goulburn, Sermons Preached in the Parish Church of Holywell, p. 101. TRAPP, "Deuteronomy 19:5 As when a man goeth into the wood with his neighbour to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head slippeth from the helve, and lighteth upon his neighbour, that he die; he shall flee unto one of those cities, and live: Ver. 5. And live.] So he keep within his city of refuge till the death of the high priest. {See Trapp on "Numbers 35:25"} 6 Otherwise, the avenger of blood might pursue him in a rage, overtake him if the distance is too great, and kill him even though he is not deserving of death, since he did it to his neighbor without malice aforethought. GILL, "Lest the avenger of blood pursue the slayer,.... These words are to be connected with Deu_19:3, where it is ordered to prepare the way to the cities of refuge, and to divide the land into three parts, for the convenience of the slayer to flee thither, lest he that was next of kin, and incensed against the slayer, and determined to avenge what was done, should pursue after him: while his heart is hot; by reason of the loss of his relation, upon which his passions being raised, his heart becomes inflamed with wrath and anger; which pushes him upon an eager and hasty pursuit of the slayer, before he sits down and coolly considers and deliberates on the affair: and overtake him, because the way is long, and slay him; wherefore it was proper that everything should be done to make the way to these cities as easy and as short as it could be: whereas he was not worthy of death; had not committed an action deserving of it, it being done ignorantly and without notice, as follows: 28
  • 29.
    inasmuch as hehated him not in time past; See Gill on Deu_19:4. JAMISON 6-7, "Lest the avenger of the blood pursue the slayer, while his heart is hot — This verse is a continuation of Deu_19:3 (for Deu_19:4, Deu_19:5, which are explanatory, are in a parenthetical form), and the meaning is that if the kinsman of a person inadvertently killed should, under the impulse of sudden excitement and without inquiring into the circumstances, inflict summary vengeance on the homicide, however guiltless, the law tolerated such an act; it was to pass with impunity. But to prevent such precipitate measures, the cities of refuge were established for the reception of the homicide, that “innocent blood might not be shed in thy land” (Deu_19:10). In the case of premeditated murder (Deu_19:11, Deu_ 19:12), they afforded no immunity; but, if it were only manslaughter, the moment the fugitive was within the gates, he found himself in a safe asylum (Num_35:26-28; Jos_20:6). TRAPP, "Deuteronomy 19:6 Lest the avenger of the blood pursue the slayer, while his heart is hot, and overtake him, because the way is long, and slay him; whereas he [was] not worthy of death, inasmuch as he hated him not in time past. Ver. 6. While his heart is hot.] As Nebuchadnezzar’s oven - viz., with anger and grief, and such like passions; which, like heavy bodies down steep hills, once in motion move themselves, and know no ground but the bottom. 7 This is why I command you to set aside for yourselves three cities. GILL, "Wherefore I command thee, saying, thou shalt separate three cities for thee. This was to be done immediately, as soon as they were settled in the land of Canaan, and established in the possession of it, the inhabitants being cut off, or driven out, or however subdued. 8 If the Lord your God enlarges your territory, as he promised on oath to your ancestors, and 29
  • 30.
    gives you thewhole land he promised them, BARNES, "Deu_19:8, Deu_19:9 Provision is here made for the anticipated enlargement of the borders of Israel to the utmost limits promised by God, from the river of Egypt to the Euphrates (Gen_ 15:18, note; Exo_23:31, note). This promise, owing to the sins of the people, did not receive its fulfillment until after David had conquered the Philistines, Syrians, etc.; and this but a transient one, for many of the conquered peoples regained independence on the dissolution of Solomon’s empire. GILL, "And if the Lord thy God enlarge thy coast,.... Extend it further than it was upon their first settlement, even carry it as far as the river Euphrates, as in the times of Solomon, 1Ki_4:21. Jarchi interprets it of such an enlargement as to give them the land of the Kenites, the Kenizzites and Kadmonites: (as he hath sworn unto thy fathers), and give thee all the land which he promised to give unto thy, fathers: Abraham, Isaac, and Jacob; see Gen_15:19. HENRY, " The appointing of three cities more for this use in case God should hereafter enlarge their territories and the dominion of their religion, that all those places which came under the government of the law of Moses in other instances might enjoy the benefit of that law in this instance, Deu_19:8-10. Here is, (1.) An intimation of God's gracious intention to enlarge their coast, as he had promised to their fathers, if they did not by their disobedience forfeit the promise, the condition of which is here carefully repeated, that, if it were not performed, the reproach might lie upon them, and not on God. He promised to give it, if thou shalt keep all these commandments; not otherwise. JAMISON, "And if the Lord thy God enlarge thy coast — Three additional sanctuaries were to be established in the event of their territory extending over the country from Hermon and Gilead to the Euphrates (see Gen_15:18; Exo_23:31). But it was obscurely hinted that this last provision would never be carried into effect, as the Israelites would not fulfil the conditions, namely, “that of keeping the commandments, to love the Lord, and walk ever in his ways.” In point of fact, although that region was brought into subjection by David and Solomon, we do not find that cities of refuge were established; because those sovereigns only made the ancient inhabitants tributary, instead of sending a colony of Israelites to possess it. The privilege of sanctuary cities, however, was given only for Israelites; and besides, that conquered territory did not remain long under the power of the Hebrew kings. BENSON, "Deuteronomy 19:8-9. If the Lord thy God enlarge thy coast — As far as the Euphrates. If thou shalt keep all these commandments — This shows that the promise of enlarging their border was conditional, and the condition not being performed the 30
  • 31.
    promise was neveraccomplished, so that there was no need for three more cities of refuge. This the Jewish writers themselves own. “Yet the holy blessed God,” say they, “did not command it in vain, for in the days of Messiah the Prince, they shall be added.” They expect it in the letter: but we know it has in Christ its spiritual accomplishment. For the borders of the gospel Israel are enlarged according to the promise: and in the Lord our righteousness, refuge is provided for all that by faith flee to him. HAWKER, "Verses 8-10 It is worthy remark, that this precept of forming three cities more, in case of the enlargement of Israel's borders, was never fulfilled as it respected Israel only. But, had it not an eye to the enlargement of the church, when both Jew and Gentile were brought into one? See Isaiah 54:2-3. And in this sense was not the precept intended to show, that the cities of refuge were as many to the Gentiles as to the Jews, and all typically referred to one and the same blessed object? Colossians 1:20. PULPIT, "Deuteronomy 19:8, Deuteronomy 19:9 In case their land should be extended, in ease they should come to possess the whole territory promised by God to the patriarchs, so that their domain should reach from the Nile to the Euphrates (Genesis 15:18)—an event which should be realized only if they should continue steadfast in their obedience to all that God had enjoined upon them, and an event which in point of fact never was realized, for even under David and Solomon there were extensive territories within these limits which were not incorporated with the kingdom of Israel—in that case they were to add other three cities of refuge to those already appointed. TRAPP, "Deuteronomy 19:8 And if the LORD thy God enlarge thy coast, as he hath sworn unto thy fathers, and give thee all the land which he promised to give unto thy fathers; Ver. 8. And give thee all the land.] From Nile to Euphrates; [Genesis 15:18] which by reason of their sins he never did. Pray we with Jabez, [1 Chronicles 4:10] "Oh that thou wouldest bless me indeed, and enlarge my coast (my heart), and that thine hand might be with me," &c. "When thou shalt have enlarged mine heart," saith David, "then will I run the way of thy commandments." [Psalms 119:32] 9 because you carefully follow all these laws I command you today—to love the Lord your God and to walk always in obedience to him— 31
  • 32.
    then you areto set aside three more cities. CLARKE, "Shalt thou add three cities more - This was afterwards found necessary, and accordingly six cities were appointed, three on either side Jordan. See Jos_21:1-3, etc. In imitation of these cities of refuge the heathens had their asyla, and the Catholics their privileged altars. See Exo_21:13 (note), Exo_21:14 (note), and Num_35:11 (note), etc. GILL, "If thou shalt keep all these commandments to do them, which I command thee this day,.... A phrase often met with before, and signifies the putting in practice the several laws, moral, ceremonial, and judicial, which Moses was now making a repetition of, and enjoining the observance of them by a divine authority: to love the Lord thy God; which is the source and spring of genuine obedience to the commands of God: and to walk ever in his ways; noting constancy and perseverance in them; now all this is mentioned as the condition of the enlargement of their coast, which would be the case if a due and constant regard was had to the laws of God: and then shall thou add three cities more besides these three; three more in the land of Canaan, besides the three now ordered to be separated in it, and besides the three on the other side of Jordan; so that there would have been nine in all, if these had been ever added; but that time never came: the Jews expect the addition of these three cities in the days of the Messiah (y) but the Messiah is already come, and all those cities, as they were typical of him, have had their accomplishment in him the antitype of them, of which See Gill on Num_35:29. 10 Do this so that innocent blood will not be shed in your land, which the Lord your God is giving you as your inheritance, and so that you will not be guilty of bloodshed. 32
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    GILL, "That innocentblood be not shed,.... As it would be if such a slayer as before described was killed by the avenger of blood, before he could get to one of these cities of refuge, or supposing that they had not bean appointed, or a sufficient number of them: which the Lord thy God giveth thee for an inheritance; to be enjoyed by them and their children after them, provided they did not defile it by their sins, but observed the commands of the Lord to obey them and so blood be upon thee; the guilt of innocent blood crying for vengeance, as would be the case if such a man's blood was shed as before described; it seems as if the guilt would rather affect the whole land, for not having a proper provision of "asylums" for such persons, than the avenger of blood. K&D, "Deu_19:10 Innocent blood would be shed if the unintentional manslayer was not protected against the avenger of blood, by the erection of cities of refuge in every part of the land. If Israel neglected this duty, it would bring blood-guiltiness upon itself (“and so blood be upon thee”), because it had not done what was requisite to prevent the shedding of innocent blood. PULPIT, “Deuteronomy 19:10 The design of appointing these cities was to prevent the shedding of innocent blood, which would be the case were the unintentional manslayer killed in revenge by one of the relatives of the man he had slain; in this case the guilt of bloodshed would rest upon the nation if they neglected to provide for the escape of the manslayer. K&D, "Deu_19:10 Innocent blood would be shed if the unintentional manslayer was not protected against the avenger of blood, by the erection of cities of refuge in every part of the land. If Israel neglected this duty, it would bring blood-guiltiness upon itself (“and so blood be upon thee”), because it had not done what was requisite to prevent the shedding of innocent blood. 11 But if out of hate someone lies in wait, assaults and kills a neighbor, and then flees to one of these cities, GILL, "But if any man hate his neighbour,.... Has conceived enmity in his heart 33
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    against him, bearshim a mortal hatred, and has formed a scheme in his mind to take away his life: and lie in wait for him knowing and expecting he will come by in such a way at such a time: and rise up against him; out of the place where he lay in wait, just at the time he is passing by: and smite him mortally that he die; or smite him in soul or life (z); in such a part where life is in danger, and the consequence of it is that he dies: and fleeth into one of these cities; for shelter from the avenger of blood. HENRY, " It is provided that the cities of refuge should be no sanctuary or shelter to a wilful murderer, but even thence he should be fetched, and delivered to the avenger of blood, Deu_19:11-13. 1. This shows that wilful murder must never be protected by the civil magistrate; he bears the sword of justice in vain if he suffers those to escape the edge of it that lie under the guilt of blood, which he by office is the avenger of. During the dominion of the papacy in our own land, before the Reformation, there were some churches and religious houses (as they called them) that were made sanctuaries for the protection of all sorts of criminals that fled to them, wilful murderers not excepted, so that (as Stamford says, in his Pleas of the Crown, lib. II. c. 38) the government follows not Moses but Romulus, and it was not till about the latter end of Henry VIII's time that this privilege of sanctuary for wilful murder was taken away, when in that, as in other cases, the word of God came to be regarded more than the dictates of the see of Rome. And some have thought it would be a completing of that instance of reformation if the benefit of clergy were taken away for man-slaughter, that is, the killing of a man upon a small provocation, since this law allowed refuge only in case of that which our law calls chance-medley. 2. It may be alluded to to show that in Jesus Christ there is no refuge for presumptuous sinners, that go on still in their trespasses. If we thus sin wilfully, sin and go on in it, there remains no sacrifice, Heb_10:26. Those that flee to Christ from their sins shall be safe in him, but not those that expect to be sheltered by him in their sins. Salvation itself cannot save such: divine justice will fetch them even from the city of refuge, the protection of which they are not entitled to. K&D, "Deu_19:11-13 But whatever care was to be taken by means of free cities to prevent the shedding of blood, the cities of refuge were not to be asyla for criminals who were deserving of death, nor to afford protection to those who had slain a neighbour out of hatred. If such murderers should flee to the free city, the elders (magistrates) of his own town were to fetch him out, and deliver him up to the avenger of blood, that he might die. The law laid down in Num_35:16-21 is here still more minutely defined; but this does not transfer to the elders the duty of instituting a judicial inquiry, and deciding the matter, as Riehm follows Vater and De Wette in maintaining, for the purpose of proving that there is a discrepancy between Deuteronomy and the previous legislation. They are simply commanded to perform the duty devolving upon them as magistrates and administrators of local affairs. (On Deu_19:13, see Deu_8:8 and 34
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    Deu_8:5.) HAWKER, "Verses 11-13 Toexplain those verses upon gospel principles, we must have recourse to what was originally said concerning murder: Genesis 9:6. There should seem from hence, to be an open and daring attack upon the majesty of GOD himself in every instance of premeditated murder. Blood must therefore answer for blood. But this extends only to the punishment of the present state. In relation to the privileges of salvation by JESUS, we know that there is redemption in his blood for all manner of sin; and even some among the crucifiers of the LORD JESUS, were called by the apostle to the participation of this rich mercy on the day of Pentecost. Acts 2:23; Act_2:38-39. PULPIT, “Deuteronomy 19:11-13 These cities, however, were not to be places of refuge for murderers, for those who from hatred and with wicked intent had slain others; if such fled to one of these cities, they were not to be suffered to remain there; the elders of their own city were to require them to be delivered up, that the avenger might put them to death (Numbers 35:16-33, etc.). In the earlier legislation, it is enacted that the congregation shall judge in such matters, and that by their decision it should be determined in any case whether the person who had slain another was to be allowed to remain in a city of refuge or be delivered over to the avenger of blood. With this the ordinance here is not inconsistent; the elders were not to act as judges, but merely as magistrates, to apprehend the man and bring him to trial. K&D, Deu_19:11-13 But whatever care was to be taken by means of free cities to prevent the shedding of blood, the cities of refuge were not to be asyla for criminals who were deserving of death, nor to afford protection to those who had slain a neighbour out of hatred. If such murderers should flee to the free city, the elders (magistrates) of his own town were to fetch him out, and deliver him up to the avenger of blood, that he might die. The law laid down in Num_35:16-21 is here still more minutely defined; but this does not transfer to the elders the duty of instituting a judicial inquiry, and deciding the matter, as Riehm follows Vater and De Wette in maintaining, for the purpose of proving that there is a discrepancy between Deuteronomy and the previous legislation. They are simply commanded to perform the duty devolving upon them as magistrates and administrators of local affairs. (On Deu_19:13, see Deu_8:8 and Deu_8:5.) PULPIT, "PULPIT, "Deuteronomy 19:11-13 Lex talionis. The refuge provided by mercy is open to abuse. The perversity of man will poison the streams from the heavenly fountain. But in this city of peace none shall abide except those who have clean hands. False hopes are doomed to crushing disappointment. Even 35
  • 36.
    from the gateof heaven there is a back way to the prison-house of hell. The man of blood eventually destroys himself. I. HATRED IS INGENIOUS IN ACCOMPLISHING ITS NEFARIOUS ENDS. Hatred has an insatiable appetite. It drives a man in whom it dwells, as with a slave-master's whip, to do its base behests. It robs him of his sleep at night, that he may lie in ambush for some innocent victim. All day long he is driven to most odious tasks by this spirit of mischief. Without interruption, hatred holds its busy conclave in the dark caverns of the soul, and presses into service every faculty of the man, until it has clutched its prey. II. THE MURDEROUS MAN FLATTERS HIMSELF THAT HE SHALL BE SAFE. He is conscious that vengeance is in store for him. No sooner is the deed done than cowardly fear seizes him. The righteousness of God has fleet-footed detectives in its service. Nevertheless, cunning falsehood comes to him as the devil's comforter. Though his hands be stained through and through with blood, he will wear gloves of innocence, a mask of pretence. It were a [nobler thing to brave the matter out, and defy all opposition. But this the sinner cannot do. He quails before the omniscient eye; and, however insecure the hiding-place, he cheats himself with the hope of escape. Guilty as his conscience affirms him to be, he seeks a place among the innocent. For the sinner no refuge can be found. The earth shall cast him out. III. THE POWER OF DEATH IS A SOVEREIGN FUNCTION OF THE STATE. "The elders of his city shall send and fetch him thence." Human life is too precious to be placed at the disposal of private revenge; therefore the chief province of the state politic is to protect life against violence. Unbiased natures are the only proper judges of right and wrong. Justice will speak only in the calm atmosphere of sincerity and truth. The representative power of the whole community is the only power which fully suffices to vindicate the claims of righteousness. This is God's vicegerent upon the earth. Hence magistrates are described as "gods." IV. RIGHTEOUSNESS IS NOBLER THAN PITY. There are circumstances in which Pity must not speak—a time for her to be silent. "Thine eye shall not pity." There are some situations in which her presence would be out of place, her action injurious. But Righteousness must never be absent. The very atmosphere in God's kingdom is penetrated with her vital breath. Her scepter is the scepter of God, and exerts a potent influence over every department of human life. Righteousness is the soul's proper robe, and without it she can nowhere fitly appear. All true prosperity is the fruit of righteousness. It cannot go well with any nation, nor with any man, until guilt is put away. Even compassion for others must be a righteous compassion.—D. TRAPP, "Deuteronomy 19:11 But if any man hate his neighbour, and lie in wait for 36
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    him, and riseup against him, and smite him mortally that he die, and fleeth into one of these cities: Ver. 11. But if any man hate his neighbour.] As Cain did Abel, as Esau Jacob, as Absalom Amnon; as Dr Story did Queen Elizabeth, whom he cursed daily in his grace at board; (a) as Tyrone did the English, strangling some of his own men for no other reason but because they fed on English bread; howbeit he never spake of the queen but with honour; yea, the profane wretch styled himself cousin to God, enemy to all the world, and friend to the Queen of England. (b) WHEDON, "11-13. But if any man hate — The appointment of cities of refuge was a merciful provision for the security of those who unintentionally should shed blood. The usage in the time of Moses evidently was the carrying out rigorously the law of retaliation. But if life had been taken without malice this provision for cities of refuge afforded a place of escape from the avenger of blood. But they were not to be places of refuge for murderers. They were not to protect those who had slain their fellow-men through hatred or for gain. Such guilty ones were to be taken from the cities by the magistrates and given up to the avenger of blood. Human life was sacred among the Hebrews. We see how carefully it was protected, how stringent was the legislation. Moses made provision for the protection of property also. 12 the killer shall be sent for by the town elders, be brought back from the city, and be handed over to the avenger of blood to die. GILL, "Then the elders of his city shall send and fetch him thence,.... The Targum of Jonathan is,"the wise men of his city,''the sanhedrim, or court of judicature, or at least the civil magistrates of that city, to which such a murderer belonged, had a power to send to the city of refuge whither he was fled, and demand the delivering of him up to them, that his case might be tried before them, and it might appear whether he was a proper person to receive the benefit of the city of refuge or not, and if not, to pass sentence of death upon him, and see it executed as follows: and deliver him into the hand of the avenger of blood, that he may die; that is, after the examination and trial of him, and when he is found guilty, and sentence is passed upon him, then he was to be delivered into the hands of the avenger of blood, to be the executioner of that sentence. 37
  • 38.
    COFFMAN, "The thrustof this passage is to stress the policy that under no circumstance whatever is the guilty murderer to be spared. The sole intention of the refuge system was to make sure that no inadvertent or unintentional manslayer should be unjustly executed as a murderer. Upon no other issue has modern civilization blundered so extensively as upon this one. God here commanded that the murderer should not be pitied but should be delivered up to die for his crime. Our society has distinguished itself as a sob-sister advocate of the most ruthless murderers, weeping oceans of tears for the CRIMINAL and none at all for his hapless VICTIMS. The violent society which flourishes all around us is the result. BENSON, "Deuteronomy 19:12. The elders of his city — The city of the manslayer. The sense is, that upon any information or suspicion of murder, laid against any one that had taken refuge in any of these cities, the magistrates of the town or district where the fact was committed, should send for the person out of the refuge-city, bring him to a fair trial, and, upon clear evidence of wilful murder, condemn him to death, and cause execution to be done without fear, partiality, or affection; as they valued the divine blessing, and desired to be free of the guilt of innocent blood, which otherwise would be required at their hands. 13 Show no pity. You must purge from Israel the guilt of shedding innocent blood, so that it may go well with you. GILL, "Then the elders of his city shall send and fetch him thence,.... The Targum of Jonathan is,"the wise men of his city,''the sanhedrim, or court of judicature, or at least the civil magistrates of that city, to which such a murderer belonged, had a power to send to the city of refuge whither he was fled, and demand the delivering of him up to them, that his case might be tried before them, and it might appear whether he was a proper person to receive the benefit of the city of refuge or not, and if not, to pass sentence of death upon him, and see it executed as follows: and deliver him into the hand of the avenger of blood, that he may die; that is, after the examination and trial of him, and when he is found guilty, and sentence is passed upon him, then he was to be delivered into the hands of the avenger of blood, to be the executioner of that sentence. 38
  • 39.
    14 Do notmove your neighbor’s boundary stone set up by your predecessors in the inheritance you receive in the land the Lord your God is giving you to possess. BARNES, "As a man’s life is to be held sacred, so are his means of livelihood; and in this connection a prohibition is inserted against removing a neighbor’s landmark: compare the marginal references. CLARKE, "Thou shalt not remove thy neighbor’s landmark - Before the extensive use of fences, landed property was marked out by stones or posts, set up so as to ascertain the divisions of family estates. It was easy to remove one of these landmarks, and set it in a different place; and thus the dishonest man enlarged his own estate by contracting that of his neighbor. The termini or landmarks among the Romans were held very sacred, and were at last deified. To these termini Numa Pompillus commanded offerings of broth, cakes, and firstfruits, to be made. And Ovid informs us that it was customary to sacrifice a lamb to them, and sprinkle them with its blood: - Spargitur et caeso communis terminus agno. Fast. lib. ii., ver. 655. And from Tibullus it appears that they sometimes adorned them with flowers and garlands: - Nam veneror, seu stipes habet desertus inagris, Seu vetus in trivio florida serta lap is. Eleg. lib. i., E. i., ver. 11. “Revere each antique stone bedeck’d with flowers, That bounds the field, or points the doubtful way.” Grainger. It appears from Juvenal that annual oblations were made to them: - - Convallem ruris aviti Improbus, aut campum mihi si vicinus ademit, Aut sacrum effodit medio de limite saxum, Quod mea cum vetulo colult puls annua libo. Sat. xvi., ver. 36. “If any rogue vexatious suits advance Against me for my known inheritance, Enter by violence my fruitful grounds, 39
  • 40.
    Or take thesacred landmark from my bounds, Those bounds which, with procession and with prayer And offer’d cakes, have been my annual care.” Dryden. In the digests there is a vague law, de termino moto, Digestor. lib. xlvii., Tit. 21, on which Calmet remarks that though the Romans had no determined punishment for those who removed the ancient landmarks; yet if slaves were found to have done it with an evil design, they were put to death; that persons of quality were sometimes exiled when found guilty; and that others were sentenced to pecuniary fines, or corporal punishment. GILL, "Thou shalt not remove thy neighbour's landmark,.... By which one man's land is distinguished from another; for so to do is to injure a man's property, and alienate his lands to the use of another, which must be a very great evil, and render those that do it obnoxious to a curse, Deu_27:17. which they of old have set in thine inheritance, which thou shall inherit in the land that the Lord thy God giveth thee to possess it; the land of Canaan: this is thought to refer to the bounds and limits set in the land by Eleazar and Joshua, and those concerned with them at the division of it; when not only the tribes were bounded; and distinguished by certain marks, but every man's estate, and the possession of every family in every tribe which though not as yet done when this law was made, yet, as it respects future times, might be said to be done of old, whenever there was any transgression of it, which it cannot be supposed would be very quickly done; and it is a law not only binding on the inhabitants of the land of Canaan, but all others, it being agreeably to the light and law of nature, and which was regarded among the Heathens, Pro_22:28. HENRY, "Deuteronomy 19:14 Here is a statute for the preventing of frauds and perjuries; for the divine law takes care of men's rights and properties, and has made a hedge about them. Such a friend is it to human society and men's civil interest. I. A law against frauds, Deu_19:14. 1. Here is an implicit direction given to the first planters of Canaan to fix land-marks, according to the distribution of the land to the several tribes and families by lot. Note, It is the will of God that every one should know his own, and that all good means should be used to prevent encroachments and the doing and suffering of wrong. When right is settled, care must be taken that it be not afterwards unsettled, and that, if possible, no occasion of dispute may arise. 2. An express law to posterity not to remove those land-marks which were thus fixed at first, by which a man secretly got that to himself which was his neighbour's. This, without doubt, is a moral precept, and still binding, and to us it forbids The invading of any man's right, and taking to ourselves that which is not our own, by any fraudulent arts or practices, as by forging, concealing, destroying, or altering deeds and writings (which are our land-marks, to which appeals are made), or by shifting hedges, meer-stones, and boundaries. Though the land-marks were set by the hand of man, yet he was a thief and a robber by the law of God that removed 40
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    them. Let everyman be content with his own lot, and just to his neighbours, and then we shall have no land-marks removed. (2.) It forbids the sowing of discord among neighbours, and doing any thing to occasion strife and law-suits, which is done (and it is very ill done) by confounding those things which should determine disputes and decide controversies. And, (3.) It forbids breaking in upon the settled order and constitution of civil government, and the altering of ancient usages without just cause. This law supports the honour of prescriptions. Consuetudo facit jus - Custom is to be held as law. JAMISON, "Deu_19:14. The landmark is not to be removed. Thou shalt not remove thy neighbour’s landmark, which they of old have set in thine inheritance — The state of Palestine in regard to enclosures is very much the same now as it has always been. Though gardens and vineyards are surrounded by dry-stone walls or hedges of prickly pear, the boundaries of arable fields are marked by nothing but by a little trench, a small cairn, or a single erect stone, placed at certain intervals. It is manifest that a dishonest person could easily fill the gutter with earth, or remove these stones a few feet without much risk of detection and so enlarge his own field by a stealthy encroachment on his neighbor’s. This law, then, was made to prevent such trespasses. CALVIN, "A kind of theft is here condemned which is severely punished by the laws of Rome; (105) for that every one’s property may be secure, it is necessary that the land- marks set up for the division of fields should remain untouched, as if they were sacred. He who fraudulently removes a landmark is already convicted by this very act, because he disturbs the lawful owner in his quiet possession of the land; (106) whilst he who advances further the boundaries of his own land to his neighbor’s loss, doubles the crime by the deceptive concealment of his theft. Whence also we gather that not only are those thieves, who actually carry away their neighbor’s property, who take his money out of his chest, or who pillage his cellars and granaries, but also those who unjustly possess themselves of his land. COFFMAN, ""Which they of old time have set ..." Moses is here speaking of the landmarks that already existed in Canaan at the time he spoke and before Israel had even entered the land. Wright and others misunderstand the passage totally, affirming that "they of old time," is a reference to the early fathers of Israel who established landmarks when the land was divided, and that, therefore, this passage is "an indication that the author is living at a considerably later time,"[10] than the times of Moses. Such allegations are without any merit whatever. This verse is parallel to Deuteronomy 19:1-13, where the ancient customs of "blood revenge" are incorporated, with certain precautions, into the law of Israel. This verse means that, upon entering Canaan, the ancient landmarks already there will continue to be honored as recognized boundaries. The big thing in this, of course, is the right of property. The collectivist deceivers of our generation have attempted to make mileage out of their lying cliche that, "We stress people rights versus property rights!" But the glaring truth is that there are never any PEOPLE rights unless also there are PROPERTY rights. Property is the ability to maintain and support life, and there has never been discovered by any human society 41
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    any way toget rid of property rights. In the communist lands, property has been confiscated and monopolized by the state, but that does not get rid of PRIVATE PROPERTY. One may reduce private property to a slip of paper authorizing one to stand in line, change his address, receive food, or anything else, but then that piece of paper becomes private property, without which its owner cannot live. The true religion has always recognized the rights of private property, with the precautionary truth that all property is "owned" by the children of God as "stewards of God's grace," and that they are responsible for its use in some manner pleasing to God. The Decalogue clearly recognizes the right and the responsibility of private property. The moving of "landmarks" envisioned in this verse refers to the stealing of another's land by moving the boundary, and, historically, all lands had established landmarks by which the transfer of lands from person to person and from generation to generation was protected. Moses was not here speaking of boundaries that would be set up for the first time by Israelites. As Alexander said, "The law here was given while Israel was yet outside of Canaan,[11] and "they of old time," cannot possibly refer to Israelites who would set up landmarks after entering the promised land. "This kind of law was known to the Greeks, their landowners being protected by Zeus Horios; Latin landholders were protected by the Roman God Terminus, in whose honor the annual festival of Terminalia was held. The rights of private property and the passing of heritage are presupposed in Deuteronomy. But this right, in every age, is derived from society, and those who enjoy the right should never forget the duty to society which the possession of such rights imposes upon the owners of private property." BENSON, "Deuteronomy 19:14. Thou shalt not remove thy neighbour’s land-mark — Having provided for the preservation of the lives of innocent persons against such as might be disposed to take them away, he proceeds to give a charge for securing every man’s right and property in other matters; and especially forbids all encroachments upon boundaries of lands and estates. Josephus considers this as a prohibition, not only against removing any land-mark of an Israelite, but also any that might distinguish their territories from those of any of the neighbouring nations, with whom they might be at peace, the breaking in upon these bounds being generally the occasion of wars and insurrections, which arise from the covetousness of men, who would thus fraudulently enlarge their possessions. CONSTABLE, "Witnesses 19:14-21 The previous pericope alluded to the need for witnesses, and this one explains their role. A common cause of hostility between individuals that sometimes led to homicide was a failure to agree on common boundaries and to respect property rights (cf. 1 Kings 21:1-26; 1 Kings 22:37-38). [Note: Kaufman, p. 137.] In the ancient world boundary markers protected the property rights of individuals (Deuteronomy 19:14). Many nations as well as Israel regarded them as sacred. Stones several feet high marked the boundaries of royal grants. [Note: Kline, "Deuteronomy," p. 182.] The Romans later executed people who moved boundary markers. [Note: Keil and Delitzsch, 3:399.] Tribal boundaries were particularly significant in the Promised Land because Yahweh, 42
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    the owner ofthe land, determined them. In Israel judges assumed a person was innocent until proven guilty. Deuteronomy 19:15-21 explain what they were to do if they suspected some witness of giving false testimony. Normally at least two witnesses were necessary (Deuteronomy 17:6), but sometimes there was only one. In such a case the trial moved to the supreme court at the tabernacle (Deuteronomy 19:17; cf. Deuteronomy 17:8-13). False witnesses received the punishment they sought to bring on the persons they falsely accused (Deuteronomy 19:19;J. Fisher, "Lex Talionis in the Bible and Rabbinic Tradition," Journal of Ecumenical Studies 19:3 (Summer 1982):582-87.] God here extended to all criminals the safeguards formerly guaranteed to capital offenders. Jesus did not deny the validity of this principle for the courtroom, but He forbade its application in interpersonal relationships (Matthew 5:38-42). God's concern for His people's lives, possessions, and reputations stands out in this chapter. ELLICOTT, "(14) Thou shalt not remove thy neighbour’s landmark.—Another law manifestly appropriate here, where it appears for the first time, like the “field” in the tenth commandment (Deuteronomy 5:21). But the immediate connection is not obvious. Perhaps the idea is to caution the people to avoid a most certain incentive to hatred and murder. Ancient landmarks are also important and almost sacred witnesses. They of old time.—The first dividers of the land. There is no idea of antiquity about the expression. LANGE, " Deuteronomy 19:14. It is characteristic for the Mosaic view of the wife as a possession, that the discourse passes over the seventh command, and in Deuteronomy 19:14 comes on the contrary to speak of the eighth command, from the point of view of the sixth command, i.e., of the earthly life. Thus light is thrown upon the eighth command from the application of the sixth; significant both for Deut. and for the total view of the law.—Each district, as it comes into your inheritance, with thy neighbors as with thine own, is thus connected with the family life, and comprises its livelihood; the lessening or disturbance of these limits is simply a question of existence therefore. The possession, particularly the landed, is the ground which yields to man its produce for his support. Thus it shares in the sacredness of life, which is preserved by it; entirely like Deuteronomy 20:19-20. The penalty of the offence is hinted, Deuteronomy 27:17. They of old. Schroder, predecessors. Either in time, and thus also in succession, or in honor, the leaders. What the first possessors, the fathers, Joshua and the renowned elders, determined, should be observed down to the most distant future. Comp. still upon Deuteronomy 19:3 and Intro, § 4, I:17. [They of old time, is an unfortunate rendering, as it seems to imply a long residence in Canaan, when this direction was given. The original contains no such intimation. It is the heads, chiefs. Vulg, priores. The immediately following clauses make it clear that the direction was given while the land was not yet in possession.—A. G.]. PULPIT, “To the ordinance concerning cities of refuge Moses appends one prohibiting the removing of landmarks; if these had been placed by a man's ancestors to mark the boundaries of possessions, they were not to be surreptitiously altered. Landmarks were 43
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    held sacred, anda curse is pronounced against those who remove them (Deuteronomy 27:7; cf. Job 24:2; Proverbs 22:28; Proverbs 23:10; Hosea 5:10). Among other nations also landmarks were regarded as sacred. Deuteronomy 19:14 They of old time; i.e. those of a former age. The word does not necessarily imply that the age described as "former" was removed at a great distance in the past; it might designate men of the immediately preceding age. The LXX. have here ‫ן‬̔‫י‬‫נבפ‬́‫ו‬‫סוע‬ , and the Vulgate priores. That the law here given was uttered whilst Israel was yet outside of Canaan, is evident from what follows in this verse. TRAPP, "Deuteronomy 19:14 Thou shalt not remove thy neighbour’s landmark, which they of old time have set in thine inheritance, which thou shalt inherit in the land that the LORD thy God giveth thee to possess it. Ver. 14. Thy neighbour’s landmark, which they of old, &c.] Erasmus met with an adversary so silly, as to object unto him this text against the new translation of the New Testament: Quasi per terminos, voces intellexisset Spiritus Sanctus atque huius legis violatae illi postulari possent, qui mutant rerum vocabula, (a) Whereas by terms or "landmarks" hero are clearly meant bounds, borders, limits, whereby every man’s inheritance was severed. PULPIT, "Deuteronomy 19:14 Caution against fraud. Nothing that concerns man's welfare and joy is beneath God's care. The vast extent of his kingdom hinders not his guardianship ever every minute interest of his creatures. Even landmarks, boundary stones, are under his protection. I. GOD IS TO BE RECOGNIZED AS THE ABSOLUTE PROPRIETOR OF ALL THINGS. As the Creator and Upholder of the universe, he has supreme claim to this solid globe. "The earth is the Lord's" Nor has he ever parted with his rightful claim, for he keeps the globe hourly in existence, and so continually proclaims his control over it. It is his gift to men, not in the sense that he has transferred all his rights to others, but only in the sense that we were unable to purchase from him. We hold every possession from him in trust, and are bound by such terms and conditions as his will may impose. II. IT IS GOD'S WILL THAT LAND SHOULD BE DISTRIBUTED AS PERSONAL ESTATE. Although evils result from the division of the land into personal property, greater evils would result from communal or indiscriminate possession. The fields would not be well cultured. The land would not yield her prolific plenty. Dispute and strife would be the chronic state of society. Personal property is essential to healthy life in the State. Yet men are stewards, and not absolute proprietors. 44
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    III. BOUNDARY LINESBETWEEN OUR OWN AND OTHER'S POSSESSIONS ARE TO BE SCRUPULOUSLY RESPECTED. The arrangements of personal property offer a fine field for self-restraint, as well as for neighborly kindness. If we had been destitute of all possessions, we should be denied the enjoyment of helping others. A man who has regard for the health of his own soul, will not remove his neighbor's landmarks by so much as a single inch. He will rather lose a pound than take by fraud a penny. This Divine command is but a tiny branch springing out of the root principle, "Thou shalt love thy neighbor as thyself."—D. SUTCLIFFE, "Deuteronomy 19:14. Thou shalt not remove thy neighbour’s landmark. This prohibition was salutary in preserving the public peace; it also extended to the removal of the boundaries between the tribes, as fixed by Joshua; and Josephus adds, the boundaries of the neighbouring nations. Ah, how many are the boundaries which the divine legislator was obliged to fix against the avarice and covetousness of man. WHEDON, "14. Thou shalt not remove thy neighbour’s landmark — Among the Romans boundaries were placed under the protection of a special deity — Terminus; and the severest penalty was visited upon the one who removed a landmark defining property. So among the Assyrians there were evidently the most stringent provisions for the security of landed rights. On a stone found on the western side of the Tigris, which George Smith thought was of the date 1340 B.C., is an inscription of a grant of land made by Merodach-Baladan to one of his officers. On the back of the stone is a rudely carved picture of the deities invoked to protect the property, and to punish any who should remove the boundary-stone. The inscription closes with curses upon any who should injure or remove the stone. See Records of the Past, vol. ix, p. 29. Compare also Deuteronomy 27:17, where among the curses to be pronounced on Mount Ebal is one against him who removeth his neighbour’s landmark. Comp. also Hosea 5:10; Job 24:2; Proverbs 22:28; Proverbs 23:10. They of old time — This is not a suitable translation of the Hebrew word. The Vulgate has priores. Schroeder renders it predecessors. We prefer to consider it as explained by Joshua 14:1, where we learn that Eleazar the priest and Joshua and the heads of the tribes distributed the land on the west of Jordan. We understand the term rendered they of old time in our version to mean the heads of the tribes, who, after the general division of the land to the tribes, subdivided each tribal division to the several families. The expression, then, by no means implies that the land had been long occupied by the Israelites. K&D, "The prohibition against Removing a Neighbour's Landmark, which his ancestors had placed, is inserted here, not because landmarks were of special importance in relation to the free cities, and the removal of them might possibly be fatal to the unintentional manslayer (as Clericus and Rosenmüller assume), for the general terms of the prohibition are at variance with this, viz., “thy neighbour's landmark,” and “in thine inheritance which thou shalt inherit in the land;” but on account of the close connection in which a man's possession as the means of his support stood to the life of the man himself, “because property by which life is supported participates in the sacredness of life itself, just as in Deu_20:19-20, 45
  • 46.
    sparing the fruit-treesis mentioned in connection with the men who were to be spared” (Schultz). A curse was to be pronounced upon the remover of landmarks, according to Deu_27:17, just as upon one who cursed his father, who led a blind man astray, or perverted the rights of orphans and widows (cf. Hos_5:10; Pro_22:28; Pro_23:10). Landmarks were regarded as sacred among other nations also; by the Romans, for example, they were held to be so sacred, that whoever removed them was to be put to death. BI, "Thou shalt not remove thy neighbour’s landmark. Ancient landmarks removed Stones indicating boundaries might easily be removed. Ditches could be secretly levelled. This would materially affect property, and be a great evil in land where territory was distributed by lot. Removal would be— I. To disregard ancient custom. “They of old have set,” with care and justice. “Custom is held as law.” Fixed law and fixed boundaries should he respected. But many scorn ancient landmarks as relics of bygone days. Impatient of restraint, they seek wider range of thought and action, indulge in novelties, and cry, Down with temples, and away with creeds and the Bible! II. To violate the law of God. Heathen nations held every landmark as sacred. God, as the proprietor of all the earth, set bounds for Israel, allotted their lands which they held in trust, and bound them in terms imposed by His will (Deu_27:17). Hence removal of landmarks is violation of His command, and direct insult to His authority. III. To defraud our neighbour. Landmarks were witnesses of the rights of each man. Removal was selfish and unjust invasion of property. To enlarge your own estate at the expense of your neighbour’s is theft. Each one should know his own, and not defraud another by concealment, forgery, or robbery. “Thou shalt not defraud thy neighbour, neither rob him” (Lev_19:13; Mar_10:19; 1Th_4:6). IV. To expose to a dreadful curse. The execration of men is something, but who can bear the curse of God? The field of the fatherless is under Almighty protection. The poor may seem helpless, but special warning is given against their oppression. “Remove not the old landmark, and enter not into the fields of the fatherless” (by acts of violence or removal of boundaries), “for their Redeemer is mighty to vindicate outraged innocence” (Pro_23:10-11). This in after times was the great affront of national provocation (Hos_5:10). (J. Wolfendale.). Witnesses 15 One witness is not enough to convict anyone accused of any crime or offense they may have committed. A matter must be established by the 46
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    testimony of twoor three witnesses. GILL, "One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth,.... Whether capital sins, or pecuniary debts; or whatsoever sins a man may be guilty of whether sins against the first or second table of the law, whether greater or lesser sins, whether in moral or civil things; the Jews except only in the case of a woman suspected of adultery and of beheading the heifer: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established; either for acquittance or condemnation; and the witnesses may not, as Jarchi says, write their testimony in a letter, and send it to the sanhedrim, nor may an interpreter stand between the witnesses and the judges; See Gill on Deu_17:6. JAMISON, "Deu_19:15. Two witnesses required. One witness shall not rise up against a man for any iniquity — The following rules to regulate the admission of testimony in public courts are founded on the principles of natural justice. A single witness shall not be admitted to the condemnation of an accused person. COFFMAN, "Here are the instructions regarding witnesses. Paramount in this connection is that nothing shall be decided upon the testimony of a single witness. Christ himself appealed to this principle, pointing out that John the Baptism was a witness of Himself, that the Father in heaven was another witness, that the very works which Christ did constituted a witness, and that He of necessity bore witness of himself, being indeed "The Light of the World," because, in the very nature of light, it must bear witness of itself! "One witness shall not rise up against a man ..." Orlinsky stated that a better rendition of this clause is, "One witness shall not validate any matter against another."[13] "Diligent inquisition ..." (Deuteronomy 19:18). "This was to be no resort to ordeal, as in the customs of legal practice among Israel's neighbors."[14] As a matter of fact, the Jewish judges became very skilled in carrying on such inquisitions, and they learned how to grill and cross-examine witnesses in such a manner as to expose the pretensions of false witnesses. For example, there is the legendary example of Daniel who exposed two false witnesses who conspired to condemn a Jewish maiden for adultery, when, as a matter of fact, it was merely their attempt to vent their hatred against the maiden who stubbornly refused to commit adultery with either one of them. They had accused her of this crime which allegedly was committed under a tree. Daniel separated the witnesses, asked them, by turns, what kind of tree it was, and when their testimony did not agree, procured the condemnation of both the accusers! Deuteronomy 19:21 is commonly called the "Lex Talionis," but as Blair wrote: "Eye for eye justice, while not in good repute among most Christians, was actually an attempt to limit vengeance to equitable proportions."[15] Under the law of the jungle, vengeance 47
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    was multiplied ahundred times against any offender unfortunate enough to experience it. "If you knock out one of my eyes, I'll knock out both of yours, your teeth also, and bash in your head and kill your wife and all your children." It is against that background that we should read the beauty and glory of all of these Divine laws. Also, such a conception was doubtless a help to judges who found in the role some suggestion of what constituted a just penalty for a given transgression. Christ's own teachings regarding this are found in Matthew 5:38-42, where is laid down the principle that individuals should not seek to retaliate against offenders, but "turn the other cheek, go the second mile, give the cloak also." BENSON, "Deuteronomy 19:15-17. One witness shall not rise up — Or, be established, as the same word is rendered in the end of the verse; that is, shall not be accepted or owned as sufficient. If a false witness rise up — A single witness, though he speak truth, is not to be accepted for the condemnation of another man; but if he be convicted of bearing false witness, it is sufficient for his own condemnation. Both the men shall stand before the Lord — That is, shall come to the supreme court, which consisted partly of priests, and partly of other great persons, who, it seems, in Moses’s time, sat at the door of the tabernacle, and so the men, in standing before them, might properly be said to stand before the Lord. ELLICOTT, "Deuteronomy 19:15-21. FALSE TESTIMONY. The law of retaliation is sternly laid down here; but it must be administered by the judges, not by men acting on their own behalf. (17) Both the men . . . shall stand before the Lord, before the priests and the judges.— This appears to mean that all cases of suspected false testimony were to go before the supreme court (see Deuteronomy 17:9); that the matter was not to be lightly decided. (21) Eye for eye, tooth for tooth.—This is to be effected by the award of the judges, not as a matter of private revenge. But manifestly it rests with the injured party to press the case. HAWKER, "Verses 15-20 The wisdom of those laws is too obvious to need a comment; they have been already noticed: Numbers 35:30. But what a sweet thought is it to the believer's experience, that in divine things there are the Holy Three which bear record in heaven, and there is the evidence of three which carry a corresponding testimony to his heart; namely, the HOLY GHOST as the first great witness in the spirits of his people; his sacred word as the second; and the believer's heart as the third, in which the evidence is given; and all these three agree in one, in their united testimony to the truth as it is in JESUS. 2 Corinthians 13:1. LANGE, " Deuteronomy 19:15-21. A similar illumination of the ninth command from the sixth. In the first place, the importance of the witnesses before the court, in regard to the life of a neighbor, is established by this, that the testimony of one was not sufficient for condemnation. Numbers 35:30. Deuteronomy 19:15. ‫וֹן‬ָ‫ﬠ‬ perverseness, wrong, guilt; as sin is a deviation from the right, from the law. ְ‫ל‬ denotes the reference 48
  • 49.
    generally. ְ‫ב‬ theconcrete case. Comp. Deuteronomy 17:6. In the second place, in the special case of “false witness,” Moses places life for life, in any case the like punishment. Deuteronomy 19:16. Treats a peculiar case; a witness of violence, who will do violence to his neighbor by his testimony, ‫ָה‬‫נ‬ָ‫ﬠ‬ designates both the beginning and the reply in conversation, hence; to answer before the court in regard to any falling away (comp. Deuteronomy 13:6; Deuteronomy 17:7) from God, or the law. The suspicion against the witness has been proven in the lower court, as the Talmud understands ‫ה‬ ָ‫ר‬ ָ‫ס‬ of a case which was far off from the witness, strange to him, since he cannot prove his presence at it. Deuteronomy 19:17. Comp. Deuteronomy 17:8 sq, an example of the causes which were difficult or hard. [Both the men, the parties to the original suit. Before Jehovah cannot be, as Knobel, the lower court. The false witness was borne in the court below, and now comes before the supreme court at the sanctuary.—A. G.]. Deuteronomy 19:18 as Deuteronomy 13:15. Deuteronomy 19:20. Comp. upon Deuteronomy 13:12 ( Deuteronomy 17:13). It is not the punishment as such, which is the means of alarm, but that before Jehovah the purpose, is as the deed ( Deuteronomy 19:19) and generally the decided earnestness of the lextalionis, as it is solemnly and impressively announced in Deuteronomy 19:21. ( Exodus 21:23 sq.; Leviticus 24:19 sq.). The rest as in Deuteronomy 19:13. PULPIT, “To secure against injury to life or property through inadequate or false attestation, it is enacted that more than one witness must appear before anything can be established; and that, should a witness be found on trial to have testified falsely against his neighbor, he was to be punished by having done to him what he thought to have done to his neighbor (cf. Deuteronomy 17:6; Numbers 35:30). Deuteronomy 19:15 The rule in Deuteronomy 17:6, regarding accusations of idolatry, is here extended to accusations of every kind before a court of justice; a single witness was not to be admitted as sufficient to convict a man of any offence, either civil or criminal. PULPIT, "Deuteronomy 19:15-21 Bulwark against perjury. "The tongue is an unruly member, and cannot easily be restrained." Private slander is base enough, but its basest utterance is when, in the sacred halls of justice, it swears away a man's reputation or his life. It is doubtful if a deed so black is done in hell. I. PERJURY IS SO COMMON AS TO NECESSITATE A PUBLIC STIGMA ON HUMANITY. "One witness shall not rise up against a man." If every man had been known as truthful, the testimony of one witness on any accusation would be ample. The narration of one eye-witness or ear-witness ought to be enough. For a truthful man would always speak within the limits of truth, and would promptly express his doubt, if 49
  • 50.
    certainty could notbe reached. But the common experience of humanity has been that the bulk of men will prevaricate and conceal the truth, even under the solemn sanction of an oath. Hence it has been found wise to condemn no man judicially, unless more than one witness can be found. Cumulative evidence is required to obtain a valid sentence. This can be interpreted in no other way than a public testimony to the depravity of man. The prisoner obtains the benefit. II. PERJURY IS A CRIME, TO BE TRIED IN THE HIGHEST COURT OF THE REALM. The accused and the accuser in such a case shall "stand before the Lord." This is not so much a sin against man as a sin against God. The sacred person of Truth has been publicly violated, and the wisest and holiest in the land are commissioned by God to be the judges. As often as we violate the truth, we insult the God of truth, and stand before God for judgment. Hence it is of the first importance that we cultivate truthfulness in our thoughts and in our speech. III. IN PROPORTION TO THE GRAVITY OF THE CHARGE SHOULD BE THE THOROUGHNESS OF THE SCRUTINY. Although we may expect to know the will of God in any particular ease by laying our own minds open to the action of God's Spirit, we are still bound to pursue the most diligent and thorough inquiry. God rewards, not the indolent, but the patient searcher after truth. He that does the truth will discover the truth. "God helps those who help themselves." IV. INTENDED MISCHIEF IS TREATED AS ACTUAL CRIME. The character and quality of a deed depend upon the moral intention. Whether the intention becomes an overt act will often depend upon outward opportunity and circumstance. But God sees the incipient motive and purpose; in his court, judgment passes upon the offender. Human courts are to be, as far as possible, copies of the court of heaven. Hence the perjured witness, who seeks to visit judicial penalties upon the head of the innocent, is himself as guilty as if his base project had succeeded. "Into the pit which he had digged for another he shall fall himself." The gallows which Haman prepared for Mordecai, served for his own doom. This is God's law of retribution. V. THE END SOUGHT IN THIS JUDICIAL EXECUTION IS THE PUBLIC GOOD. The sacrifice of one life is intended to bring advantage to the many. The moral effect is most precious, viz. regard for righteousness—public abstinence from crime. Every man should be filled with this patriotic sentiment—the higher virtue of the nation. We may do good in our circle, either intensively on the minds of a few, or extensively on the minds of the many. In doing good to others we do good to ourselves. "We are members one of another."—D. TRAPP, "Deuteronomy 19:15 One witness shall not rise up against a man for any 50
  • 51.
    iniquity, or forany sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established. Ver. 15. One witness shall not rise up.] Yet, if this one be a faithful witness, Mαρτυς δε πιστος, και εις χρησιμος, saith Aristotle; (a) one faithful witness in some case may suffice, in private offences howsoever: and that our Saviour speaketh of such, [Matthew 18:19] Basil and others are of opinion; if thy brother, a Jew, shall trespass against thee, being a Jew, right thyself by degrees. (1.) Deal with him fraternally, "tell him his fault betwixt thee and him alone"; [Matthew 18:15] (2.) Deal with him legally, "take with thee one or two more"; [Deuteronomy 19:15] (3.) Deal with him Jewishly; "tell the Church," [Deuteronomy 19:17] complain to the Sanhedrim; (4.) If he shall neglect to hear them, deal with him heathenishly, i.e., " let him be unto thee as a heathen and a publican"; make benefit of Roman sovereignty, let Caesar’s justice end the difference between you. (b) 16 If a malicious witness takes the stand to accuse someone of a crime, BARNES, "Testify against him that which is wrong - Margin, more literally, “a falling away.” The word is used Deu_13:5 to signify apostasy or revolt; here it is no doubt to be understood in the wider sense of any departure from the Law. GILL, "If a false witness rise up against any man,.... In a court of judicature: to testify against him: that which is not true of him, let it be in what case it will; Aben Ezra instances in idolatry, but it holds good of any other. JAMISON, "Deu_19:16-21. Punishment of a false witness. But if convicted of perjury, it will be sufficient for his own condemnation, and his punishment shall be exactly the same as would have overtaken the object of his malignant prosecution. (See on Exo_21:23; see also Lev_24:20). CALVIN, "16.If a false witness rise up against any man. Because the fear of God does not so prevail in all men, as that they should voluntarily abstain from the love of slander, God here appoints the punishment to be inflicted for perjury: for political laws are enacted against the ungodly and disobedient, in order that those who despise God’s judgment should be brought before the tribunal of men. Although perjury is not here ordained to be tried before the judges, unless there should be an accuser, who should 51
  • 52.
    complain that hehad been unjustly injured by false-witness, still reason dictates, that if any man have been condemned to death by false-witnesses, the judges should not hesitate to make an official inquiry into the matter. Yet, inasmuch as men are generally disposed to assert their own innocence, God has deemed it sufficient to put the case, that if any complaint should be lodged, the judges should diligently investigate it, and if the crime be proved, should inflict the punishment of retaliation (talionis.) Whence it appears that false-witnesses and murderers stand in the same light before God. By commanding that the inquiry should be made not only by the judges, but also by the priests, as if God Himself were present, He shews that He requires unusual diligence to be used; because a secret crime is not easily detected without the most anxious care. COKE. "Ver. 16. To testify against him that which is wrong— That is, to accuse him, to lay any crime to his charge. Houbigant tenders it very properly, ut eum criminis accusat: that he may accuse him of a crime: and as the detection of a false witness was extremely difficult, the most diligent and exact inquiry was to be made by the priests and judges, ver. 17, 18. Some of the most excellent of our English laws are grounded upon this law; as that of the thirty-seventh of Edward III. chap. 18 which ordains, that "all they who make suggestion, shall be sent with the same suggestion before the chancellor, treasurer, &c. and his grand counsel; and that they there find surety to pursue their suggestions; and incur the same pain which the other should have had, if he were attainted, in case that his suggestions be found evil," &c. And in the thirty-eighth of the same reign, chap. 9 it is enacted, "That if he that maketh complaint, cannot prove his intent against the defendant, in the same article, he shall be commanded to prison, there to abide till he hath made gree to the party of his damages, and of the slander that he hath suffered upon such occasion, and after shall make fine and ransom to the king.” PULPIT, “To testify against him that which is wrong; literally, to testify against him defection, i.e. from the Law of God. The speaker has apparently in view here all such defections from the Law as would entail punishment on the convicted offender. In Deuteronomy 13:5 (6), indeed, the crime described here as "that which is wrong" (margin, "falling away") is specially the crime of apostasy to idolatry; but the word ( ‫ה‬ ָ‫ר‬ָ‫ס‬ ), though usually expressing apostasy from Jehovah, has properly the general sense of a deflection from a prescribed course (from ‫,סוּר‬ to go off, to go aside), and so may describe any departure from what is constituted right. PULPIT, “Deuteronomy 19:16-21 False witness. God's brand is here placed upon the crime of false witness. It was to be severely punished. Every one is interested in the suppression of such a crime-the parties whose interests are involved, society at large, the Church, the magistracy, God 52
  • 53.
    himself, of oneof whose commandments (the ninth) it is the daring violation. The rules here apply primarily to false witness given in courts of justice, but the principles involved may be extended to all forms of the sin. I. FALSE WITNESS IS IN GOD'S SIGHT A GREAT EVIL. 1. It indicates great malevolence. 2. It is grievously unjust and injurious to the person wrongfully accused. 3. It is certain to be taken up and industriously propagated. A calumny is never wholly wiped out. There are always found some evil-speaking persons disposed to believe and repeat it. It affixes a mark on the injured party which remains on him through life. II. FALSE WITNESS ASSUMES MANY FORMS. It is not confined to law courts, but pervades private life, and appears in the way in which partisans deal with public men and public events. Persons of a malicious and envious disposition, given to detraction, can scarcely avoid it—indeed, live in the element of it. Forms of this vice: 1. Deliberate invention and circulation of falsehoods. 2. Innuendo, or suggestio falsi. 3. Suppression of essential circumstances—suppressio veri. 4. The distortion or deceitful coloring of actual facts. A lie is never so successful as when it can attach itself to a grain of truth— "A lie that is all a lie may be met and fought with outright; But a lie that is part of a truth is a harder matter to fight." III. THE FALSE WITNESS BORNE BY ONE AGAINST ANOTHER WILL BE EXPOSED AT GOD'S JUDGMENT SEAT. The two parties—he who was accused of bearing false witness and he who alleged himself to be injured by it— were required to appear before the Lord, and to submit their cause to the priests and judges, who acted as his deputies (Deuteronomy 19:17). It was their part to make diligent inquisition, and, if the crime was proved, to award punishment (Deuteronomy 19:18, Deuteronomy 19:19). The punishment was to be on the principle of the lex talionis (Deuteronomy 19:19-21). So, at Christ's judgment seat, the person who has long lain under an undeserved stigma through the false witness of another may depend on being cleared from wrong, and the wrong- doer will be punished (Colossians 3:25). Meanwhile, it is the duty of every one to see to the punishment of this crime, not only in cases of actual perjury, But in 53
  • 54.
    every form ofit, and not only by legal penalties, but—which is the only means that can reach every case—by the emphatic reprobation of society, and, where that is possible, by Church censures.—J.O. WHEDON, "16. A false witness — The general treatment of the subject of bearing false witness is found in the earlier legislation. See Exodus xxiii, 1-3; Leviticus 19:15-18. But no penalties are assigned to particular cases. Here Moses allows the lex talionis — the law of retaliation — to be applied to those who through malice endeavour to wrong the innocent. To testify… that which is wrong — The Hebrew word which is here rendered wrong is sometimes used with the significance of apostasy. It is here used in a more extended sense for any violation of law. We might translate the expression to testify against his departure — that is, from the law of Jehovah. 17 the two people involved in the dispute must stand in the presence of the Lord before the priests and the judges who are in office at the time. BARNES, "Both the men, between whom the controversy is - Not the accused and the false witness, but the plaintiff and defendant (compare Exo_23:1) who were summoned before the supreme court held, as provided in Deut. 17, at the sanctuary. The judges acted as God’s representative; to lie to them was to lie to Him. GILL, "Then both the men between whom the controversy is,.... The man that bears the false witness, and the man against whom it is borne: shall stand before the Lord; as in the presence of him, the omniscient God, and as represented by judges and civil magistrates, whose vicegerents they are; so it seems to be explained in the next words, which are exegetical of these: before the priests and the judges which shall be in those days; which shall compose the sanhedrim, or court of judicature; and this seems to confirm it, that by priest and judge, in Deu_17:9 are meant priests and judges; Jarchi says, this Scripture speaks of witnesses, that is, of the false witness that testifies wrong against a man, and another that contradicts his testimony, and teaches that there is no 54
  • 55.
    witness by women;and so it is elsewhere said (a), an oath of witness is made by men, and not by women; on which it is observed (b) that a woman is not fit to bear witness, as it is written: then both the men,.... men and not women; and the above writer remarks further, that it teaches that they ought to bear testimony standing. HENRY, "The person wronged or brought into peril by the false testimony is supposed to be the appellant, Deu_19:17. And yet if the person were put to death upon the evidence, and afterwards it appeared to be false, any other person, or the judges themselves, ex officio - by virtue of their office, might call the false witness to account. (3.) Causes of this kind, having more than ordinary difficulty in them, were to be brought before the supreme court, The priests and judges, who are said to be before the Lord, because, as other judges sat in the gates of their cities, so these at the gate of the sanctuary, Deu_17:12. K&D, "The two men between whom the dispute lay, the accused and the witness, were to come before Jehovah, viz., before the priests and judges who should be in those days - namely, at the place of the sanctuary, where Jehovah dwelt among His people (cf. Deu_17:9), and not before the local courts, as Knobel supposes. These judges were to investigate the case most thoroughly (cf. Deu_13:15); and if the witness had spoken lies, they were to do to him as he thought to do to his brother. The words from “behold” to “his brother” are parenthetical circumstantial clauses: “And, behold, is the witness a false witness, has he spoken a lie against his brother? Ye shall do,” etc. ‫ם‬ ַ‫מ‬ָ‫,ז‬ generally to meditate evil. On Deu_19:20, see Deu_13:12. WHEDON, "17. The men, between whom the controversy is — The original parties in the case, one of whom is supposed to have brought into court the false witness. But Keil thinks the accused and the false witness are the men referred to in this clause. Before the Lord,… priests… judges — At the place appointed by Jehovah for the sanctuary, before the highest court, this judicial investigation was to be made. The crime of bearing false witness was of such grave moment that it was to be treated with the greatest solemnity. 18 The judges must make a thorough investigation, and if the witness proves to be a liar, giving false testimony against a fellow 55
  • 56.
    Israelite, GILL, "And thejudges shall make diligent inquisition,.... Into the case before them, into the nature of the evidence and proof that each witness brings for or against; so the Targum of Jonathan,"the judges shall interrogate the witness, by whom these things are said, well;''shall thoroughly examine the testimony given, and look carefully into it: and, behold, if the witness be a false witness, and hath testified falsely against his brother; it appears plainly by full evidence that he has testified a falsehood of him. HENRY, "There must be great care in the trial, Deu_19:18. A diligent inquisition must be made into the characters of the persons, and all the circumstances of the case, which must be compared, that the truth might be found out, which, where it is thus faithfully and impartially enquired into, Providence, it may be hoped, will particularly advance the discovery of. 19 then do to the false witness as that witness intended to do to the other party. You must purge the evil from among you. CLARKE, "Then shall ye do unto him as he had thought to have done unto his brother - Nothing can be more equitable or proper than this, that if a man endeavor to do any injury to or take away the life of another, on detection he shall be caused to undergo the same evil which he intended for his innocent neighbor. Some of our excellent English laws have been made on this very ground. In the 37th of Edw. III., chap. 18, it is ordained that all those who make suggestion shall incur the same pain which the other should have had, if he were attainted, in case his suggestions be found evil. A similar law was made in the 38th of the same reign, chap. 9. By a law of the twelve Tables, a false witness was thrown down the Tarpeian rock. In short, false witnesses have been execrated by all nations. GILL, "Then shall ye do unto him as he had thought to have done unto his brother,.... Inflict the same fine or punishment on him he thought to have brought his brother under by his false testimony of him; whether any pecuniary fine, or 56
  • 57.
    whipping and scourging,or the loss of a member, or the value of it, or death itself; whether stoning, strangling, burning, or killing with the sword: though, in the case of accusing a priest's daughter of adultery, as Jarchi observes, such were not to be burnt, as would have been her case if proved, but strangled: so shalt thou put the evil away from among you; the evil man that bears a false testimony of his brother, or the guilt of sin which would be incurred by conniving at him. HENRY 19-21, "If it appeared that a man had knowingly and maliciously borne false witness against his neighbour, though the mischief he designed him thereby was not effected, he must undergo the same penalty which his evidence would have brought his neighbour under, Deu_19:19. Nec lex est justior ulla - Nor could any law be more just. If the crime he accused his neighbour of was to be punished with death, the false witness must be put to death; if with stripes, he must be beaten; if with a pecuniary mulct, he was to be fined the sum. And because to those who considered not the heinousness of the crime, and the necessity of making this provision against it, it might seem hard to punish a man so severely for a few words' speaking, especially when no mischief did actually follow, it is added: Thy eye shall not pity, Deu_19:21. No man needs to be more merciful than God. The benefit that will accrue to the public from this severity will abundantly recompense it: Those that remain shall hear and fear, Deu_19:20. Such exemplary punishments will be warnings to others not to attempt any such mischief, when they see how he that made the pit and digged it has fallen into the ditch which he made. COKE, "Ver. 19. Then shall ye do unto him, as he had thought to have done unto his brother— This law is exemplified in the story of Susannah and the elders; for the two elders, being convicted by Daniel of giving false accusation against Susannah, are condemned to undergo the same punishment which they intended against her; ver. 62. According to the law of Moses, they did unto them in such sort as they maliciously intended to do to their neighbour; and they put them to death. By the law of the twelve tables, false witnesses were to be thrown down the Tarpeian rock. See Aul. Gellius, lib. 20: cap. 1. The laws at Athens, though severe, were rather more mild. See Sam. Petit, de Leg. Art. lib. 4: tit. 7. SUTCLIFFE, "Deuteronomy 19:19. Then shall ye do unto him as he had thought to have done to his brother. This is called a just judgment. Our courts abound with false- swearing, because we allow the perjured to escape punishment: yet they sometimes get exposed in the court. REFLECTIONS. In addition to what is said in Numbers 35. respecting the manslayer, it is worthy of remark, that however innocent he might be of wilful murder, his exile was a punishment which tended to make all men cautious of fighting with their neighbours, and very much awed the passions of brutish and vulgar men. In the prohibition of mitigating the punishment of the murderer, we see the greatness of 57
  • 58.
    his crime, whichis to be abhorred and detested by all persons who desire to love God, and all his creatures. Nevertheless the kings of Israel exercised the power of pardoning on some occasions. David forgiving the widow’s son of Tekoah, was obliged at the same time to pardon Absalom his son. In the last case the royal clemency was awfully abused; and there are few cases indeed in which it can be exercised with safety to national justice. Deuteronomy 19:19 F. B. Meyer Our Daily Homily THERE is a Nemesis in wrongdoing; evil comes home to roost; what we meditate against others returns on ourselves. They that take the sword shall perish with the sword. The publican who sells drink to debauch sons and fathers, lives to see the drink curse his own family. The man who is treacherous to women lives to see his own sons fall beneath their wiles. Haman erects a gallows for Mordecai, but is hanged upon it himself. Adoni-bezek cut off the toes and thumbs of captive princes, and confessed the rightness of the fate which overtook himself. England imposes opium on China, but presently discovers that it is eating out the heart of her own subjects in India and Burmah. "Whoso causeth the upright to go astray in an evil way, he shall fall. himself into his own pit." And why is all this? Because God sits behind the slight curtain of the present, judging the acts of men. It is not necessary to wait for the conclusion of the present age to see the sentence inflicted. Now the Son of Man sits on the throne of His glory, and before Him the nations are gathered. Nineveh, Babylon, Capernaum, Tyre, Pompeii, the power of Spain, the Empire of Napoleon, have already been condemned to Hades. Now the judgment is set, now the books are opened, now the "Come, ye blessed," and "Depart, ye cursed," are being uttered. God has so made the moral world that the seed of punishment lies hid in each unkind word, each unchristian act; and it is only necessary to give time enough to show that the man who has sown to his neighbor's hurt will reap that hurt in his own life. To every man will be rendered according to his deeds, even in this life; PREACHER'S HOMILETICAL COMMENTARY Verses 1-21 CRITICAL NOTES.—This and the next two chapters contain enactments designed to protect human life, and to impress its sanctity on Israel.—Speak. Com. With Deu cf. Exo 21:13, and Num 35:9-34. The laws concerning cities of refuge are not 58
  • 59.
    mere repetitions, butan admonition to carry out former laws with reference to future extension of boundaries in the land of Canaan. Cities of refuge had already been set apart on the east of Jordan. Directions are given concerning land on the west. Three Cities more were separated cf. Joshua 20. Deu . Prepare. The Senate made good roads two or three cubits wide—not mere tracks for animals—bridged over rivers and removed barriers. This done generally in the month Adar. Every facility was given to the fugitive (Isa 40:3). Ignorantly, without premeditation—accidentally, as Deu 19:5. Avenger. Whose duty it was to avenge the rights and redeem the property of kinsmen. Not with sudden excitement or burning desire to revenge. Deu , In case they should possess the whole land promised by God to the fathers for faithful obedience; then they were to add three more cities and have nine altogether. This command was not carried out because extension of country was never fully or permanently realised. Deu . Innocent blood would be shed if the unintentional manslayer was not protected Israel would be guilty. Blood upon thee, if this duty was neglected. But the cities were not to be asylums for criminals. If a real murderer should flee for refuge, the (elders) magistrates of his own town were to fetch him back and deliver him to the avenger to be put to death. Deu . Landmarks. Not only is human life sacred, but the means of sustaining it must be held sacred—hence this prohibition. Gardens were enclosed, but fields were left open, or marked off, by a small trench, a little cain or single stones easily removed. Deu . False witness. The rule concerning capital charges (Deu 17:6) is extended to all accusations before a court of justice. A single witness was not sufficient to convict a man of any civil or criminal offence. Wrong, lit., falling away, apostacy (Deu 13:5); here any kind of crime worthy of capital punishment (Deu 19:19). The accused and the witness were to come before Jehovah, viz, before the priests and judges, at the sanctuary and not before the local court.—Keil. If the witness had lied they were to act towards him as he intended towards his brother (cf. Pro 19:5-9; Dan 6:24. The lextalionis was applied without reserve (Exo 21:23; Lev 24:20).—Keil. Observed in principle, not in letter, by the Jewish courts.—Speak. Com. CITIES OF REFUGE.—Deu 59
  • 60.
    Places of refugewhere the guilty and unfortunate could find shelter were not unknown in heathen nations. Greece and Rome had their temples and groves. The jus asyli, the right of shelter was ever considered sacred. Cities of Refuge are some of the most delightful types of O. T. economy and may be considered in many ways (cf. Deu ). Look at them— I. As institutions promoting a spirit of humanity. They would act beneficially in ages when violence and revenge predominated and when fixed habitations were few. They were founded with a view to abate evils springing from the old-established rights of the blood avenger, and thus created a mild and gentle spirit; gave proof of the superior wisdom and benignant design of the Jewish laws. Impartial trial was given. Love of justice and regard for truth were to overrule sentiment. Revenge was checked, innocent blood was not lightly shed, and human life was considered sacred. II. As institutions typical of Gospel truths. They exhibit the only method of safety, into which if the sinner once enters he will be free from peril. 1. The manslayer was in danger. He was pursued by the avenger, and might lose his life. The sinner has broken the law, is exposed to its curse and condemnation—Christ the refuge set before him in the gospel. Should the law reach him before he flees for safety he is undone for ever. 2. Refuge was easy of access. The cities were conveniently fixed, and could often be seen. Christ is not a distant refuge, inaccessible or closed against us. "The word is nigh thee, not in heaven above, nor in the depth beneath" (Rom ). 3. The way was prepared. "Prepare thee a way." Every river was bridged, every hillock levelled, and every obstruction that might hurt or hinder taken away. Guides or posts were fixed in every turning and cross road, with the words refuge, refuge, to direct the unhappy man in flight. The way of salvation is simple and plain, warfaring men, though fools, need not err therein. Ministers of the gospel are sent to urge, to direct the sinner to the Saviour. "Prepare ye the way of the Lord" (Isa ). 4. Restoration was made at the death of the high priest. The fugitive remained in the city beyond the pursuer's reach, gratuitously housed and taught until this event happened. Then he was released, restored to his relatives and "the land of his possession." In Christ we are restored to the inheritance forfeited by sin, adopted 60
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    children, and madejoint heirs of mansions which He has gone to prepare for those who love Him. Our salvation depends upon exclusive reliance in His merits and atoning death. "There is none other name under heaven" (Act ). FLIGHT WITHOUT SAFETY.—Deu There was a difference between accidental and intentional murder. The murderer might flee, but he was not protected in the city of refuge. He was delivered up to be put to death. A fearful picture of disappointed hope. I. Flight through atrocious wickedness. Murder was a sin for which the law provided no remedy. "Ye shall take no satisfaction for the life of a murderer" (Num ). To murder is to disregard the sanctity of life, resist the claims of our neighbour and demonstrate our hatred to God. Man is encircled by grandeur through his own immortality and his relation to the Infinite Majesty. "Whoso sheddeth man's blood, by man shall his blood be shed; for in the image of God made He man." II. Flight without safety. "The elders of the city send and fetch him. The murderer is pursued, brought back, and suffers. There is no escape from transgression. The law is broad, "exceeding broad" (Psa ) observes us in all we do, and goes where we go. God and conscience are omnipresent. Memory is alive and retribution is certain. "Murder will out" and "guilt hath no holiday," says Bacon. III. Flight ending in ruin. "That he may die"—concealment was impossible. The avenger, the priests and the people, were all concerned in the detection and punishment of the criminal. 1. Ruin without pity. "Thine eye shall not pity him." 2. Ruin without remedy. "He that killeth a man shall surely be put to death" (Lev ). Murder may pass unpunished for a time, But tardy justice will o'ertake the crime.—Dryden. 61
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    UNFULFILLED PROMISES.—Deu God promisedthat their dominion should extend from the Nile to the Euphrates (Gen ; Exo 23:31). This promise was never really fulfilled. Hence learn that— I. God's promises express benevolent purpose. "Enlarge thy coast" (Deu ). They reach far into our future, mark out, define and offer before-hand. They are accompanied by an oath and express the good pleasure of God. II. The fulfilment of God's promises is conditional. "If the Lord thy God enlarge"— God does not work independently of means and agencies. He is Sovereign and Absolute, but we must co-operate with Him. Nothing is left to chance. Humanly speaking all depends upon us. "If thou shalt keep." III. This fulfilment is not always realised. There is no change in God, but human conditions are wanting. 1. There is delay. This strengthens and fortifies the enemy. When Hanibal could have taken Rome he would not, and when he wished, he was unable. 2. There is sin. Disobedience hinders. Unbelief excludes from the land. Israel's enlargement was transient through the sins of the people; conquered nations regained independence, and Solomon's empire was dissolved. HOMILETIC HINTS AND SUGGESTIONS Deu . Cities. 1. Cities of refuge divinely appointed. 62
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    2. Cities ofrefuge a protection for innocent blood. 3. Cities of refuge a proof of stringent law—original law not modified—special provision made for accidental manslaughter. 4. Cities of refuge a type of deliverance in Jesus. The atonement is not a violation or suspension of law, yet mercy and deliverance from penalty are given to him who flees to Christ. "The reason of these institutions seems to be this:—First of all, their appointment arose from a great law. Secondly, they were instituted to be an expressive foreshadow or type of a grand and precious shelter for all the people of God."— Cumming. Deu . Prepare. Every facility to flee. 1. The word nigh. 2. Ministers direct. 3. The Holy Spirit helps. Deu . That he die. 1. Human life taken by trifling accidents. What need for preparation. The sons of men are "snared in an evil time, when it falls suddenly upon them" (Ecc ). 2. Human life safeguarded by Divine institutions. The law forbids murder. If this happens unintentionally cities are built for refuge. Life is hedged about by law, justice, humanity, and providence. Deu . The cities were no shelter for wilful murder. 63
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    1. Mark theorigin of the crime. "Hate his neighbour." Cain hated his brother, could not speak peaceably to him, and then killed him. "Whose hateth his brother is a murderer" (1Jn ). 2. Notice the plot to carry out the design. "Lie in wait for him." Men who thirst for blood hate the upright, and seek to destroy them. Saul sought to murder David, the Jews the Saviour and Paul. Malice will plot. The words and aims of the wicked "are to lie in wait for blood" (Pro ). Deu . Pity. 1. Without pity, lest crime should be encouraged, the criminal protected, and society injured. 2. Without pity lest the ends of justice be frustrated and the law of God broken. 3. Without pity, to warn and deter others from the danger. ANCIENT LANDMARKS REMOVED.—Deu Stones indicating boundaries might easily be removed. Ditches could be secretly levelled. This would materially affect property, and be a great evil in a land where territory was distributed by lot. Removal would be— I. To disregard ancient custom. "They of old have set," with care and justice. "Custom is held as law." Fixed law and fixed boundaries should be respected. But many scorn ancient landmarks as relics of bygone days. Impatient of restraint, they seek wider range of thought and action, indulge in novelties, and cry, down with temples, and away with creeds and the Bible! II. To violate the law of God. Heathen nations held every landmark as sacred; honoured every stone and staple as a god without whose aid every field would be subject to contention and strife. God as the proprietor of all the earth sets bounds for Israel, allotted their lands which they held in trust, and bound them in terms imposed by His 64
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    will (Deu ).Hence removal of landmarks is violation of His command, and direct insult to His authority. III. To defraud our neighbour. Landmarks were memorials and witnesses of the rights of each man. Removal was selfish and unjust invasion of property. To enlarge your own estate at the expense of your neighbour's is theft. Each one should know his own, and not defraud another by concealment, forgery, or robbery. "Thou shalt not defraud thy neighbour, neither rob him" (Lev ; Mar 10:19; 1Th 4:6). IV. To expose to a dreadful curse. The execration of men is something, but who can bear the curse of God. The field of the fatherless is under Almighty protection. None can arm themselves against Him by entering it. The poor may seem helpless, but special warning is given against their oppression. "Remove not the old landmark, and enter not into the fields of the fatherless (by acts of violence or removal of boundaries) for their Redeemer is mighty, to vindicate outraged innocence" (Pro ). This in aftertimes was the great affront of national provocation. "The princes of Judah were like them that remove the bounds, therefore I will pour out my wrath upon them like water" (Hos 5:10). I. Landmarks, an indication of Divine care. Nothing is too insignificant for God's notice. The cities with their roads, the fields with their boundaries, the minute and the vast are under his guardianship. He sets bounds to sea and land and controls each element in its limit (Job ). II. Landmarks, a vindication of the rights of property. Fields and gardens must be cultivated and held as personal estate. Land is not to be indiscriminately portioned out. God gives allotments to men, and personal property is needful for daily employment and healthy life. III. Landmarks, a check to fraud and rapacity. They warned against deceitful and unjust actions. We must neither touch nor covet our neighbour's property. The avaricious and envious are checked by the order of society and the laws of nature. IV. Landmarks, a motive to neighbourly kindness. To remove them would injure our neighbour and disturb the community. We are not to sow discord nor create strife and law-suits, but to live peaceably together. "Strive not with a man without cause." V. Landmarks, symbols of fixed spiritual truths There are certain fundamental and established doctrines which must not be removed, which can never be shaken. Rome may remove landmarks of Scripture by her traditions. Impatience of restraint, independence of spirit, and resistance to Divine authority may characterise the age. But the chief landmarks of faith stand solid and impregnable as a rock. "The foundation of God standeth sure." THE TRIAL OF CAPITAL OFFENCES.—Deu 65
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    "The wrong" inDeu is not merely falling into idolatry, but any kind of crime worthy of capital punishment (Deu 19:19). One witness even was tested and punished if proved false. Judges were to investigate most carefully and administer justice most rigidly— I. The testimony of one witness was not enough to condemn (Deu ) He might be prejudiced, interested or unable to judge rightly. Individuals are not always truthful and cannot be trusted. Hence it is wise, as proved by history and human experience, that the life of an innocent man should not depend upon the testimony of one witness. What a dishonour cast upon man-kind by the law! suspected of unfaithfulness! and what a check to accusers of men! II. The accuser and the accused were to stand before God. "Both the men, between whom the controversy is, shall stand before the Lord" (Deu ). All sin is committed against God. He cannot permit evil to go unpunished. He will expose and visit it with condemnation. 1. Before "the priests and the judges," who represent Him. 2. In the sanctuary, the residence of His glory. This is a picture of future trial, when the sinner will stand before the judgment seat and all iniquity be punished. III. If the witness was false the punishment was severe. No sentimentalism nor misplaced compassion must be shown to a false witness. The law was inflexible, and one guilty of perjury was doomed to suffer penalty. 1. Punishment in kind. "Do unto him as he had thought to have done unto his brother (Deu ). The lex talionis is applied, a person receives to himself what he gives to another; a law of retribution, which is God's law to warn the transgressor. 2. Punishment without reserve. No indifference in the search, "diligent inquisition;"— no hesitation in executing the law; no pity whatever for the criminal. "Thine eye shall not pity" one who had no pity for another. "A false witness shall not be unpunished, and he that speaketh lies shall not escape" (Pro ). A FALSE WITNESS.—Deu 66
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    Society cannot existwithout laws, and laws cannot be administered without testimony. False witness or perjury therefore is the most obnoxious of crimes, and as such deserves the severest condemnation. I. A false witness is offensive to God. God is represented as "a God of truth, and without iniquity" (Deu ; Deu 3:4); "a God that cannot lie" (Job 1:2). The perjurer takes His name in vain; dishonours His attributes, and defies His law. When we prevaricate, conceal truth, or speak lies, we insult the God of heaven, "the faithful and true witness." II. A false witness is injurious to society. In his heart he is uncharitable and envious towards his fellow-men. In his actions he is mischievous to society. He destroys its confidence, breaks its bonds, and becomes an agent of the devil, "the father of lies" (1Ki ). "The slanderer," says Archbishop Leighton, "wounds three at once; himself, him he speaks of, and him that hears." His cruelty and malice are set forth by three murderous instruments—weapons of death. "A man that beareth false witness against his neighbour is a maul, and a sword, and a sharp arrow" (Pro 25:18). III. A false witness should be put down by every possible means. "So shalt thou put the evil away" (Deu ). Everyone is interested in the suppression of crime. Priests, judges, and people—society, and the Christian Church are concerned. All should love truth and put down deceit (Col 3:9; Rom 3:13). "That shalt not raise (marg. receive) a false report: put not thine hand with the wicked to be an unrighteous witness" (Exo 23:1). Dare to be true, nothing can need a lie; The fault that needs it most grows two thereby. THE LAW OF RETALIATION.—Deu Among the Israelites and in all nations where slavery existed, or where owners had the power of punishment in their own hands, the exercise of absolute authority was liable to be abused. Hence the importance and place of this law. 67
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    I. Its usein the Old Testament. It is probable that the law existed before the time of Moses, and was accepted by him as tolerable. It would be suitable— 1. As an elementary principle of justice. Theoretically it seems exact and right. It was accepted by magistrates as a rule in civil law. It is found in the code of primitive nations, recognised by the laws of Solon, by ancient Indians, and by the Thurians (cf. Speak. Com.; Exo ). It is the first lesson of civilization and public justice. "Thou shalt give life for life, eye for eye," etc. (Exo 21:23; Lev 24:20). 2. As a foundation of public morality. Power is often abused. Men forget and break the golden rule. Human life must be respected, wrong rectified, and laws administered. There must be no connivance in guilt. "Hand for hand, foot for foot." 3. As a check to private revenge. "Revenge is sweet," and men like to take law into their own hands. The law of the eternal must be asserted and vindictive tempers subdued. "He that studieth revenge keepeth his wounds open."—Bacon. "Vengeance is mine; I will repay saith the Lord." II. Its exposition in the New Testament. The scribes took their stand on the letter, disregarded the design and spirit of the law, and expounded in the wrong direction. Their popular casuistry made it one of private retaliation and not of judicial action. But the disciple of Christ, in suffering wrong, must cherish no desire to retaliate and accuse. He must be prepared in word and act to show the spirit of his master. The letter may not bind, but the principle should be the law of life. We are not to revenge, but cultivate the habit of non-resistance to evil (cf. Mat ). The law of the New Testament is not contradictory to that of the Old Testament. It is more than a civil enactment. It is forbearance with those who wrong us, well-doing to those who hate us, the characteristic and image of God's children (Mat 5:48). And earthly power doth then show likest God's When mercy seasons justice. The law of requital. 1. A doctrine of scripture. "As I have done, so God hath requited me" (Jude ). The Lord 68
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    of recompenses shallsurely requite." "With what measure ye mete," etc. "A false witness shall not be unpunished" (Pro 19:5-9). 2. A law of providence. Men may deny and disregard it; but they cannot destroy, cannot escape this righteous and holy law. Be not deceived, God is not mocked. "He that speaketh lies shall not escape." 3. A reason for submission to God. Indulge in no passion. Fret not because of evil doers. It costs more to revenge injuries than to bear them. Events are not under the control of wicked men. "Say not, then, I will recompense evil; but wait on the Lord and He shall save thee." HOMILETIC HINTS AND SUGGESTIONS Deu . Learn.— 1. Great wickedness often found among men—murder, fraud, perjury. Oppressive to society, insulting to God, and abounding even in Christian countries. 2. Divine methods of overcoming this wickedness. By religious laws and social restraints, by functions of state and spiritual institutions. What a debt we owe to the gospel which renews and controls man, elevates and purifies society! Deu . False witness. 1. God is a God of truth, promotes it in the world and seeks it in His people. 2. Truth should be sacred to us in all circumstances of life. 3. The danger of lying. 69
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    4. The necessityof grace and prayer. Deu . Retribution. 1. An appointment of God in social and civil, in national and individual life. 2. A warning to others. Sir W. Raleigh, challenged by a hot-headed youth, refused to fight. The young man spat in his face in public. Thinking of the consequences, Sir W. calmly wiped his face and replied, "Young man, if I could as easily wipe your blood from my conscience as I can this injury from my face, I would this moment take away your life." Deu . Hear. Others' woes should be our warnings, others' sufferings our sermons (1Co 10:5-12). God's house of correction is the school of instruction.—Trapp. Deu . Pity and justice. 1. Justice from the highest source of the land. The presence and the representatives of God. 2. Justice without pity. Right better than pity. 3. Justice for public good. "Those which remain hear and commit no more evil." Life often sacrificed for the welfare of the community. True patriotism displayed in the suppression of crime. ILLUSTRATIONS TO CHAPTER 19 Deu Cities. A party of travellers in the desert were overtaken by the fierce simoon. Like blinding snow driven by the winds of March came the hot sands. Before the simoon had reached its height they came suddenly upon a rude building of stone, well protected with roof and doors, which the hand of charity had erected there in the desert for 70
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    shelter. With joythey rushed into it, closed the doors, and were safe. "The wonders of life and gladness, All the wonders of hope and fear; The wonders of death and sadness, All the wonders of time are there." —Bonar. Deu . Hate. Whoever hates kills the soul.—Vinet. A true man hates no one.—Napoleon I. "From envy, hatred and malice," etc. Deu . Deliver him. By the conviction and execution of a murderer, humanity is not extinguished but enlarged; it is individual compassion overcome by a regard to the general good.—A. Fuller. Deu . Landmarks removed. Covetousness, by a greediness of getting more, deprives itself of the true end of getting it; it loses the enjoyment of what it has got.—Sprat. Desire of having is the sin of covetousness.—Shakespeare. Deu . False witness. Sworn on every slight pretence, Till perjuries are common as bad pence; While thousands, careless of the dawning sin, 71
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    Kiss the book'soutside, who ne'er look within. —Cowper. Deu . Not pity. Most just it is that he who breweth mischief should have the first draught of it himself.—Jemmat. Revenge at first, though sweet, Bitter ere long back on itself recoils. —Milton. 20 The rest of the people will hear of this and be afraid, and never again will such an evil thing be done among you. GILL, "And those which remain shall hear, and fear,.... Those which survive the false witness shall hear of the punishment inflicted on him, and fear to commit the like sin, lest they should be punished in like manner. HENRY, "Those that remain shall hear and fear, Deu_19:20. Such exemplary punishments will be warnings to others not to attempt any such mischief, when they see how he that made the pit and digged it has fallen into the ditch which he made. COKE, "Ver. 20. And those which remain, shall hear, and fear, &c.— See chap. Deuteronomy 17:3. This is the grand end of all the Mosaic penal laws, and indeed of all such, enacted by wise legislators. See Grot. de Jur. B. and P. lib. 2: cap. 20. This law proves the authority which judges and magistrates have to make use of witnesses, and to examine them upon oath, in order to discover the truth, which those who are 72
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    summoned as witnessesare obliged to declare: that those who are found to be false witnesses deserve the most exemplary punishment; and that, if they escape punishment from men, God will take vengeance of their perfidiousness and impiety. WHEDON, "21. Thine eye shall not pity — It has been said that this is a harsh and cruel requirement. But it must be borne in mind that the usages which prevailed and the condition of society demanded stringent laws. The wise legislator adapts law to the circumstances of the people. Moses found the law of retaliation deeply seated. It has its foundations in the conception of impartial justice. With all his influence over the people he could not eradicate long-established usages. At the present day in the East there is a most cruel feature of the lex talionis. When the murderer cannot be reached the avengers have the right to kill any member of his family. See THOMSON’S Land and Book, vol. i, p. 448. If we turn to the words of Him who spake as never man spake, we see how the Gospel modifies the stern exactions of this law of retaliation. “Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth: but I say unto you, That ye resist not evil.” Matthew 5:38-39. 21 Show no pity: life for life, eye for eye, tooth for tooth, hand for hand, foot for foot. CLARKE, "Life - for life, eye for eye, etc. - The operation of such a law as this must have been very salutary: if a man prized his own members, he would naturally avoid injuring those of others. It is a pity that this law were not still in force: it would certainly prevent many of those savage acts which now both disgrace and injure society. I speak this in reference to law generally, and the provision that should be made to prevent and punish ferocious and malevolent offenses. A Christian may always act on the plan of forgiving injuries; and where the public peace and safety may not be affected, he should do so; but if law did not make a provision for the safety of the community by enactment against the profligate, civil society would soon be destroyed. GILL, "And thine eye shall not pity,.... The false witness when convicted; this is directed to the judges, who should not spare such an one through favour or affection, but pronounce a righteous sentence on him, and see it executed, in proportion to the crime, and that according to the law of retaliation: but life shall go for life; in such a case where the life of a person must have gone, if the falsehood of the testimony had not been discovered, the false witness must 73
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    suffer death; inother cases, where a member would have been lost, or the price of it paid for, the same penalty was to be inflicted: eye for eye, tooth for tooth, hand for hand, foot for foot; that is, the price of an eye an eye, &c. see Exo_21:23. HENRY, "it is added: Thy eye shall not pity, Deu_19:21. No man needs to be more merciful than God. The benefit that will accrue to the public from this severity will abundantly recompense it: Those that remain shall hear and fear, Deu_19:20. Such exemplary punishments will be warnings to others not to attempt any such mischief, when they see how he that made the pit and digged it has fallen into the ditch which he made. K&D, "The lex talionis was to be applied without reserve (see at Exo_21:23; Lev_ 24:20). According to Diod. Sic. (i. 77), the same law existed in Egypt with reference to false accusers. HAWKER, "Was not the suretyship of JESUS pointed out in this law? Did not JESUS when redeeming his people, give an eye for an eye, and a tooth for a tooth? Was not this literally indeed the case, when he who knew no sin became sin for us, and was made a curse for us that we might be made the righteousness of GOD in him? REFLECTIONS HERE let me gaze on thee again and again, thou dearest JESUS, who art indeed the only City of refuge for all thy people, and who art placed in every avenue and way by which a poor slayer of himself and of his own soul by sin, may find shelter from the avenger. And while I look on thee as my sure hiding place from all the anger of my FATHER's broken law, and from all the accusations of my own guilty conscience, and from all the malice of Satan; Oh! may the HOLY GHOST give speed to my flight and earnestness to my desires, that before the avenger of blood can reach me, I may have taken shelter in thy person and righteousness. Oh! thou blessed Refuge of poor sinners, how fitly art thou prepared, how completely suited to all the wants of thy people! My soul even now, seems to feel an holy triumph in the security it finds by faith in thee! No plague shall come nigh my dwelling. In thee I feel a growing confidence of my everlasting security. Cease then your pursuits, ye ministers of evil, for my LORD hath shut me in like Noah in the ark, and housed me from your malice; and I am persuaded through his grace keeping me, that neither life nor death, nor principalities, nor powers, nor things present nor things to come, nor height nor depth, nor any other creature, shall separate me from the love of GOD, which is in CHRIST JESUS our LORD. 74