35:1–8 As sons of Levi, the priests and nonpriests do not receive a land inheritance (18:20; 26:62). Their heritage is sacred service to the Lord and his people (18:23–24). To carry out their ministry nationwide they will be scattered, as was prophesied (Gen. 49:7). In this way the curse pronounced on Levi by Jacob is turned into a blessing for them and God’s people. Their disbursement is achieved by assigning them cities among the tribes (Num. 35:2). Joshua 20–21 narrates the execution of the command regarding the Levitical cities.

With the cities they receive the “pasturelands” (Hb. migrash; Num. 35:2, 3, 4, 7), a debated translation, since the term is thought to refer more generally to land around a city and under its jurisdiction, “suburbs” (Vulg. suburbana, also KJV) or “common land” (NEB; cf. 2 Chron. 11:14; 31:19).321 Although the Hebrew word is related to “drive out” (garash), the semantic conflation “drive out (cattle) in pasturelands” is unlikely, since the verb is never used in connection with cattle. Usage in the context of Levitical cities does, however, support the rendering “pasturelands.” They are designated “for their cattle” (Num. 35:3; cf. Josh. 14:4; 21:2). Since the Levites receive cities but not dependent villages, the law provides lands because they are herdsmen (Num. 3:41; 31:30; 35:3), and their revenues include livestock (Lev. 27:32). In Leviticus 25:34 the Levites’ “fields” are qualified as migrash (“pastureland”). The cities the other tribes inherit include their unwalled villages and their fields (Lev. 25:31; e.g., Josh. 15:32, 36).

The dimensions of these lands “reach from the wall of the city outward a thousand cubits all around . . . outside the city, on the east . . . south . . . west . . . north side two thousand cubits” (Num. 35:4–5). This enigma of two apparently conflicting measurements has long tantalized interpreters. The Mishnah queried, “How can we explain this?” One answer assumes the thousand cubits to be the outskirts (migrash) of the city and the two thousand cubits to be the (surrounding) fields and vineyards (Sotah 5:3). The LXX, or its source, may have harmonized verse 4 with verse 5, reading “two thousand cubits” both times. Josephus speaks only of two thousand cubits of land (Antiquities 4.4.3).322

Although these two measurements still appear irreconcilable to some,323 there are reasonable explanations. For example, the cubits are measurements of frontage of land around the city with a depth of a thousand cubits (v. 4) and a width of two thousand (v. 5).324 Another interpretation understands the measurements, being given symmetrically, as adaptable to varying city shapes and sizes.325 Flexibility is necessary, since many of the Levitical cites are in mountainous regions, with contours depending on the terrain. In cases in which one side of the city has too little land, the corresponding number of cubits could be added to another side where there is sufficient footage.

Mention of “six cities of refuge” (v. 6) anticipates the following section (vv. 9–34). Their names and locations are given in Joshua 20. “Of refuge” (miqlat; Num. 35:6) qualifies only these cities. “Manslayer” (from ratsakh) here refers to anyone who intentionally or unintentionally kills someone. “To flee” from whom and why are not yet indicated (cf. v. 12). The cities of refuge are added to the forty-two cities (v. 6), making a total of forty-eight (v. 7) Levitical cities.

“In proportion to the inheritance” (v. 8) is the regulating principle for the number of Levitical cities within the tribes, based on a tribe’s census being “larger” or “smaller” (26:54; 33:54).

35:9–34 “When you cross [from ʿabar] the Jordan into the land of Canaan” (35:10) echoes word for word “When you pass over [from ʿabar] the Jordan into the land of Canaan” (33:51), or in other words, “When you enter the land of Canaan” (34:2). These clauses recall the words of promise addressed to those under twenty years of age of the exodus generation, “When you come into the land to which I bring you” (15:18), thus serving as a reminder of God’s faithfulness. His promise will soon be realized. To “select” is to “make it happen” (form of qarah, 35:11; cf. Gen. 27:20 NASB, “cause it to happen”). “Cities of refuge” (cf. Deut. 19:1–13; Josh. 20:1–9) protect a manslayer from the avenger of blood. Refuge there includes, first, protection from the manslayer’s arrival “until” his trial (Num. 35:12), and second, if he is exonerated, protection from premeditated murder from that time until the death of the high priest (v. 28). “Without intent” (shegagah; vv. 11, 15) is the same word rendered “mistake” (15:26, 28) and “unintentionally” (15:27, 29).

The “congregation” (35:12)—Levite adjudicator representatives (cf. Deut. 19:12 and Josh. 20:4, “elders”; 2 Chron. 19:8–10)—must render “judgment” (mishpat; cf. Num. 35:25), that is, weigh the evidence, determine whether or not the manslayer be guilty of first-degree murder, and pronounce the verdict. Although the plaintiff is the family of the avenger of blood (v. 24), to ensure impartiality the case is not judged by members of the deceased’s family nor by those of the manslayer’s.

The “avenger” (goʾel, v. 12; cf. “avenger of blood,” v. 19) is a close relative of the victim. The same word is also rendered “redeemer” or “kinsman.” The goʾel remedies premeditated murder by the lex talionis principle, “life for life” (Gen. 9:6; Ex. 21:24; Lev. 24:20; Deut. 19:21). In other cases the goʾel redresses a situation status quo ante by fathering a child with the widow of a deceased brother who had no heir (Ruth 2:20; 4:4–6), by buying back an impoverished relative sold into slavery or his property (Lev. 25:25, 48), or by receiving restitution for a wrong done to a deceased relative (Num. 5:8).326

The Lord specifies “three cities beyond the Jordan, and three cities in the land of Canaan” (35:14) as cities of refuge. Transjordan is not part of Canaan (34:2, 12). Specifying three cities on each side of the river makes the distance the manslayer must flee not too great to take refuge before meeting the avenger (cf. Deut. 19:6). “Anyone” (Num. 35:15) may find refuge in a city of refuge; the sanctity of human life, regardless of ethnicity or civil status, stems from mankind’s being created in the image of God (Gen. 1:27; 9:6). Beyond this is the concern of keeping the land from defilement (Num. 35:34; cf. Response section).

Verses 16–23 give instructions on how to determine intent in the case of homicide, which is difficult to prove. If a lethal object was used, whether made of iron, stone, or wood (vv. 16–18), or if there was no lethal object but there was malice aforethought, evinced by the manslayer’s pushing someone in hatred, throwing something at him after lying in wait, or striking him with the hand in enmity (vv. 20–21), then the assailant is guilty of premeditated homicide. The avenger of blood must “put him to death” (vv. 19, 21). “When he meets him” (vv. 19, 21) shows the manslayer has been removed from the city of refuge (cf. v. 25).

If premeditation is not proven, even if a stone has caused the death but was dropped unawares by the manslayer, who sought no harm (vv. 22–23; cf. Deut. 19:5), the accused is guilty of involuntary manslaughter. There is guilt but not enough to require his life. The congregation “shall rescue” (natsal) the manslayer from the avenger (Num. 35:25); this is the only occurrence in Numbers of this verb, which is used frequently elsewhere, often with the complement “from/into the hand of” (v. 25). God “delivered” (natsal) Abram’s enemies into his hand (Gen. 14:20), Jacob from the hand of Esau (Gen. 32:12, 21), and his people from the hand of the Egyptians (Ex. 3:8; 18:9). Judging is based on rulings or judgments (“judge,” shaphat; “rules,” mishpatim; Num. 35:24)—a case is adjudicated on the basis of such laws or precedents.

The phrase “Shall restore [or “return”] him to his city of refuge” (Num. 35:25) is commonly taken to mean that the trial takes place elsewhere.327 But Joshua 20:4 places it in the gates of the city of refuge.328 “Restore him” may first view his provisional asylum upon his fleeing there, technically suspended during the trial but then definitively reinstated after a verdict of not guilty of premeditated homicide. If guilty of this, the manslayer is taken from the city of refuge to his own town in order to meet his fate (Deut. 19:12).

There the manslayer must fulfill two conditions to prevent the avenger from ever taking his life. First, he must remain in the city of refuge until the death of the high priest (Num. 35:25, 28), who among fellow priests is “anointed with the holy oil” (v. 25; cf. Ex. 30:30–32; Lev. 21:10; also the king cf. Ps. 89:20). His consecration depends on the anointing, not on his person. As such he can make atonement for himself, the entire nation, and the holy sanctuary (Ex. 29:26; Lev. 16:6, 16, 18, 33). Since in this case the one who has shed blood is not required to give his own life to purge the land polluted by blood (Num. 35:33), the high priest, as representative mediator, vicariously makes atonement by his death.329 After his death the manslayer can return home. Justice and purification are accomplished by the death of the high priest. Second, the manslayer must stay within the “boundaries” of the city (v. 27), referring probably not to the walls but to the city’s lands. If the manslayer leaves those confines, the avenger of blood can take his life with impunity (v. 27).

“Statute and rule” (khukat mishpat; v. 29) is civil law, as in 27:11, being distinct from “statute of the law” (khukat hattorah), or ritual law, as in 19:2; 31:21.330 In the Levitical cities, including the cities of refuge, the priests and Levites are responsible for both.

Numbers 35:30–31 presents two legal restrictions to safeguard justice from being perverted. The first requires “evidence of witnesses” (v. 30; cf. Deut. 17:6, two or three) to execute the manslayer found guilty of premeditated homicide. This reduces the possibility of false testimony or mistaken identity. The second forbids “ransom” to deliver a manslayer from the death penalty or to release a manslayer from a city of refuge before the death of the high priest (Num. 35:31). Verses 33–34 explain why the law on Levitical cities is needed. The general principle is that “blood pollutes [khanap; the only Pentateuchal occurrence] the land” (v. 33)—that is, the shedding of “blood,” whether involuntarily or voluntarily. The only way to purge the land is “by the blood of the one who shed it” (v. 33; cf. Gen. 9:6). In the case of premeditated murder the manslayer’s own blood is required. In the case of involuntary manslaughter the death of the high priest is substitutionary.

“You shall not defile [tameʾ] the land in which you live” (Num. 35:34) by disregarding the “statute and rule” (v. 29) concerning bloodshed. The reason is that such bloodshed would occur in the land “in the midst of which I dwell, for I the Lord dwell in the midst of the people of Israel” (v. 34; cf. Section Overview). Defiling the land is tantamount to breaking God’s eternal covenant, for which a curse would devour the land and the people would suffer their guilt (Isa. 24:5–6). They could be driven from their land into exile (Lev. 18:28; 20:22; 26:38).331