Numbers 33 recounts the journey the people took through the wilderness to arrive where they are. In Numbers 34 God tells Moses how the land will be split up once they arrive in Canaan. So that leaves us with Numbers 35, and we will finish the book. In Numbers 35 we see the rules for the Levitical Cities and the Cities of Refuge.
Numbers 35:1-8—1 And the LORD spoke to Moses in the plains of Moab by the Jordan across from Jericho, saying: 2 “Command the children of Israel that they give the Levites cities to dwell in from the inheritance of their possession, and you shall also give the Levites common-land around the cities. 3 They shall have the cities to dwell in; and their common-land shall be for their cattle, for their herds, and for all their animals. 4 The common-land of the cities which you will give the Levites shall extend from the wall of the city outward a thousand cubits all around. 5 And you shall measure outside the city on the east side two thousand cubits, on the south side two thousand cubits, on the west side two thousand cubits, and on the north side two thousand cubits. The city shall be in the middle. This shall belong to them as common-land for the cities. 6 Now among the cities which you will give to the Levites you shall appoint six cities of refuge, to which a manslayer may flee. And to these you shall add forty-two cities. So all the cities you will give to the Levites shall be forty-eight; these you shall give with their common-land. And the cities which you will give shall be from the possession of the children of Israel; from the larger tribe you shall give many, from the smaller you shall give few. Each shall give some of its cities to the Levites, in proportion to the inheritance that each receives.”
Remember, the Levites were not to receive any type of land inheritance, since their portion was God (Numbers 18:20-23). But the people of the twelve tribes needed priests so they could know and learn the Law and make the proper sacrifices when they breached the Law. So each of the other 11 tribes other than the Levites had to portion off a piece of land outside the cities for the Levites to dwell in, as well as common-land for the Levites to graze their flocks and herds. And again we see a perplexity, as commentators are divided on how this land was measured. Some say that for whichever city the tribe of Issachar (for example) dwelt, they were to measure from outside of the walls 1000 cubits and there would establish the villages where the Levites would dwell. Then the next 1000 cubits out from there would be the pasture land for the flocks and herds of the Levites. This would make up the two thousand cubits spoken of in verse 5. Others say that they were to measure out 1000 cubits for the Levitical cities, then measure two thousand cubits for the Levites’ pastures (the common-lands). I tend to agree with John Gill on the interpretation:
And ye shall measure from without the city on the east side two thousand cubits...Before only 1000 cubits were ordered to be measured, and now 2000, even 2000 more, which were to be added to the other, and to begin where they ended. The first 1000 were for their cattle and goods, these 2000 for their gardens, orchards, fields, and vineyards; and so the Jewish writers understand it. Jarchi observes, that 1000 cubits are ordered, and after that 2000; and asks, “how is this? or how is it to be reconciled?” to which he answers, “2000 are put to them round about, and of them the 1000 innermost are for suburbs, and the outermost (i.e. the 2000) are for fields and vineyards”; and with this agrees the Mishnah, from whence he seems to have taken it; and the same was to be on every other side of the city, south, west, and north, as follows:
and on the south side two thousand cubits, and on the west side two thousand cubits, and on the north side two thousand cubits; which, added to the other 1000 all around, must make a large circumference of land.
The Mishnah sates:
Eliezer the son of R. Yose the Galilean says, “A thousand amahs [an amah is a measurement roughly equivalent to a cubit] form the outskirts, and two thousand amahs cover the surrounding fields and vineyards.”
Whichever is the case, land was to be allotted to the priestly tribe. They were to be allotted 48 cities, 6 “cities of refuge” (which we shall talk about shortly) and forty-two regular cities. “But forty-two cities divided by eleven tribes doesn’t make an even number”. True. That is why the command was “from the larger tribe you shall give many, from the smaller you shall give few.” The larger tribes were to give the Levites more cities, the smaller tribes less. And you can read a detailed list of which cities in which tribes’ lands were given to the different families of the tribe of Levi in Joshua 21:1-45. I will allow Keil and Delitzsch to summarize:
According to Joshua 21, the Levites received nine cities in the territory of Judah and Simeon, four in the territory of each of the other tribes, with the exception of Naphtali, in which there were only three, that is to say, ten in the land to the east of the Jordan, and thirty-eight in Canaan proper, of which the thirteen given up by Judah, Simeon, and Benjamin were assigned to the families of the priests, and the other thirty-five to the three Levitical families [the families of Kohath, Merari and Gershon].
The larger tribes gave more land, the smaller tribes less. Even the tribes of Reuben, Gad, and the half-tribe of Manasseh were commanded to give land to the Levites east of the Jordan River in Gilead.
Numbers 35:9-15—9 Then the LORD spoke to Moses, saying, 10 "Speak to the children of Israel, and say to them: 'When you cross the Jordan into the land of Canaan, 11 then you shall appoint cities to be cities of refuge for you, that the manslayer who kills any person accidentally may flee there. 12 They shall be cities of refuge for you from the avenger, that the manslayer may not die until he stands before the congregation in judgment. 13 And of the cities which you give, you shall have six cities of refuge. 14 You shall appoint three cities on this side of the Jordan, and three cities you shall appoint in the land of Canaan, which will be cities of refuge. 15 These six cities shall be for refuge for the children of Israel, for the stranger, and for the sojourner among them, that anyone who kills a person accidentally may flee there.”
The rest of the chapter deals with differentiating between murder/voluntary manslaughter and involuntary manslaughter and how these cases were dealt with. If someone killed their neighbor, it had to be reckoned whether it was done intentionally or not. For us today, what is the difference between these concepts? Well, murder charges are either 1st- 2nd- or 3rd-degree, while manslaughter is classed as either voluntary of involuntary. 1st-degree murder is always premeditated. An example of 2nd-degree murder is when two people get into a fight and the one person does not stop striking the second person until they are dead. They did not previously intend to kill the person, but once the fight was engaged, not intending to kill the person, they nonetheless did cause the person to die. Only three states—Florida, Minnesota and Pennsylvania—classify 3rd-degree murder. This is the charge when a murder is committed, and is not premeditated, but occurs in the commission of another dangerous and potentially life-threatening action, e.g. when a bank robber kills a bank teller for pressing the silent alarm. Voluntary manslaughter is usually what is now classified as a “crime of passion”, such as when a husband comes home and finds his wife in bed with another man and kills one or both of them. Involuntary manslaughter is when a person causes a death but did not intend to. Killing a pedestrian when running a red light or stop sign; handling a gun you did not know was loaded and shooting someone—these are cases where there was a reckless action but the intent to kill was absent.
As today—and maybe even more so—murder was a very serious offence in the days of Moses. Today, thanks to TV and the movies, murder has been losing its sense of seriousness, and is often portrayed as simply a means to an end. People watch these TV shows and movies where people are murdered almost mindlessly, not considering that the victim’s life has just ended. And in the real world, that person would, in the next instant, be standing before God to be judged. But in the days of Moses it was treated more seriously. Exodus 21:12—“He who strikes a man so that he dies shall surely be put to death.” And when someone was killed by another in the cities of the people of Israel, a blood relative, more specifically, “that particular relative whose special duty it was to restore the violated family integrity, who had to redeem not only landed property that had been alienated from the family, or a member of the family that had fallen into slavery, but also the blood that had been taken away from the family by murder” (Gustav Oehler), would avenge that murder upon the perpetrator. But if someone killed another, not meaning to, and they were not worthy of having their own life taken, they could flee to the nearest of these six “cities of refuge”, and have their case heard, and could be judged to be declared not guilty of shedding innocent blood. If the victim’s blood was shed accidentally, God gave them a way to escape until he could plead his cause. Exodus 21:13—“However, if he did not lie in wait, but God delivered him into his hand, then I will appoint for you a place where he may flee.” And there were six cities—three on the west side of the Jordan River and three on the east side of the Jordan—where the accused could flee until his case was heard. Joshua 20:7-8—7 So they appointed Kedesh in Galilee, in the mountains of Naphtali, Shechem in the mountains of Ephraim, and Kirjath Arba (which is Hebron) in the mountains of Judah. [These would be the cities on the west side of the Jordan] 8 And on the other side of the Jordan, by Jericho eastward, they assigned Bezer in the wilderness on the plain, from the tribe of Reuben, Ramoth in Gilead, from the tribe of Gad, and Golan in Bashan, from the tribe of Manasseh. [These would be on the east side of the Jordan].
(https://theisraelbible.com/wp-content/uploads/2023/10/cities-of-refuge.jpg)
And when the manslayer (accidental perpetrator) reached one of these cities, the people were to allow the person in until their case could be heard. Joshua 20:3-6—“3 That the slayer who kills a person accidentally or unintentionally may flee there; and they shall be your refuge from the avenger of blood. 4 And when he flees to one of those cities, and stands at the entrance of the gate of the city, and declares his case in the hearing of the elders of that city, they shall take him into the city as one of them, and give him a place, that he may dwell among them. 5 Then if the avenger of blood pursues him, they shall not deliver the slayer into his hand, because he struck his neighbor unintentionally, but did not hate him beforehand. 6 And he shall dwell in that city until he stands before the congregation for judgment, and until the death of the one who is high priest in those days. Then the slayer may return and come to his own city and his own house, to the city from which he fled.” When the manslayer arrived at the gates of the City of Refuge, he was not to be treated as being guilty, but rather as simply being accused, with no guilt or innocence assigned to him by the residents of the city until he could make his case (innocent until proven guilty). He was to be allowed in, put up in a house, and was to be treated as a member of the tribe wherein this city lay. And he shall dwell in that city until he stands before the congregation for judgment. And they were to protect him from the avenger.
Remember, at the time they did not have the level of surveillance we have today. There were no cameras—no closed circuit, no cell phone cameras, no trail cams, nothing of the sort. So they could not see what had happened. They had to rely on the testimony of the manslayer and any potential witnesses. And even today, in the United States, according to our Constitution, a man or woman is (supposed to be) considered innocent until proven guilty beyond a shadow of a doubt. And there are all kinds of safeguards in place to make sure the accused is given a fair trial. Search warrants must be obtained, a jury of the accused’s peers must be installed, both sides must be given time to examine the evidence from the other side. In short, all things must be done properly to ensure the accused is not wrongly convicted (or acquitted). Today, in a court trial, all kinds of evidence can be included—and excluded—from a case by both the prosecution and by the defense. The same principles were applied in the case of the man who had killed his neighbor accidentally, and even more so, as the testimony of one witness was not enough to convict a man. In order to carry out a death sentence against a man accused of murder, there had to be two or three witnesses, and they had to testify truthfully about the matter. Deuteronomy 19:15—“One witness shall not rise against a man concerning any iniquity or any sin that he commits; by the mouth of two or three witnesses the matter shall be established.” One person holding a grudge against a man could testify, “Yeah, I saw it happen. He just up and struck the victim without warning. And, oh yeah, he hated the guy for a long time.” But this testimony alone could not convict. There had to be one or two more witnesses to corroborate this testimony.
We see a couple cases in the New Testament that carry on this principle. In the Gospel of John, we read the account of the woman caught in adultery (John 8:1-11). Was the woman guilty of adultery? Well, yes. Was she indeed to be stoned? Well, yes. Leviticus 20:10—“The man who commits adultery with another man's wife, he who commits adultery with his neighbor's wife, the adulterer and the adulteress, shall surely be put to death.” The fact that the woman was brought to Jesus was not the problem here. The problem was the Pharisees did not bring the man who was involved. See, the Pharisees had set up the whole situation in order to trick Jesus into betraying Himself and His God by putting Him in (what they thought was) a no-win situation. But, as always, Jesus knew what they had devised in their hearts. So what was the first thing He did? John 8:6—Jesus stooped down and wrote on the ground with His finger, as though He did not hear. And when they continued to press Him, He gave His answer in John 8:7—So when they continued asking Him, He raised Himself up and said to them, "He who is without sin among you, let him throw a stone at her first." And because they knew that they themselves were guilty of sharing in the adultery, they dropped their stones and walked away. So because the Pharisees were acting under false pretenses, and because they did not bring the man involved, meaning their case would be tossed out, Jesus refused to hear their case, and sent them away empty-handed.
The second case of false witnesses is, of course, when they put Jesus on trial under cover of night. Matthew 26:59-61—59 Now the chief priests, the elders, and all the council sought false testimony against Jesus to put Him to death, 60 but found none. Even though many false witnesses came forward, they found none. But at last two false witnesses came forward 61 and said, "This fellow said, 'I am able to destroy the temple of God and to build it in three days.'" There they had their two witnesses, by whose testimony they could put Jesus to death. But they had to give the accused the chance to defend themselves, so they turned the questioning on Jesus, and said in Matthew 26:61-62—62 "Do You answer nothing? What is it these men testify against You?" 63 But Jesus kept silent. And the high priest answered and said to Him, "I put You under oath by the living God: Tell us if You are the Christ, the Son of God!" They were asking Him to swear by God (in other words, by Himself) whether the things these false witnesses said were true. Jesus—God in the flesh—could not lie and, really, didn’t want to lie. For all this was done according to the eternal will of the father (Acts 2:21-23) that He should die for the sins of His people. And He did—He fulfilled what God had planned from eternity past; He gave up His life on that cross, bearing all our sin and shame, being put to death by the world, contrary to the Law of Moses that these Pharisees so staunchly claimed they were upholding. So yes, even though two or three witnesses may be found to accuse the manslayer, they could turn out to be false witnesses and lead to an innocent man being put to death. John Calvin: “[The Pharisees] had previously resolved to put Christ to death, and now they only seek a pretense for oppressing him. Now it is impossible that equity can have any place where an examination of the cause is not the first step. In seeking false witnesses, their treacherous cruelty is manifested; and when, after being disappointed of their expectation, they still do not desist, this affords a still more striking display of their blinded obstinacy. Thus, amidst the darkness of their rage, the innocence of the Son of God shone so brightly, that the devils themselves might know that he died innocent.”
Part 2 (and the end of Numbers) next week.