Numbers 35:16-25—“16 ‘But if he strikes him with an iron implement, so that he dies, he is a murderer; the murderer shall surely be put to death. 17 And if he strikes him with a stone in the hand, by which one could die, and he does die, he is a murderer; the murderer shall surely be put to death. 18 Or if he strikes him with a wooden hand weapon, by which one could die, and he does die, he is a murderer; the murderer shall surely be put to death. 19 The avenger of blood himself shall put the murderer to death; when he meets him, he shall put him to death. 20 If he pushes him out of hatred or, while lying in wait, hurls something at him so that he dies, 21 or in enmity he strikes him with his hand so that he dies, the one who struck him shall surely be put to death. He is a murderer. The avenger of blood shall put the murderer to death when he meets him. 22 However, if he pushes him suddenly without enmity, or throws anything at him without lying in wait, 23 or uses a stone, by which a man could die, throwing it at him without seeing him, so that he dies, while he was not his enemy or seeking his harm, 24 then the congregation shall judge between the manslayer and the avenger of blood according to these judgments. 25 So the congregation shall deliver the manslayer from the hand of the avenger of blood, and the congregation shall return him to the city of refuge where he had fled, and he shall remain there until the death of the high priest who was anointed with the holy oil.’”
So if a man who killed his neighbor fled to a City of Refuge, that meant he was innocent, right? Wrong. Though a man may flee to the city, it was no guarantee that he was not guilty. Verses 16-21 are clear on that. If he hits his neighbor with an iron or a wooden implement; if he throws a stone directly at him; if he pushes him down or lies in wait to ambush him and kill him, He is a murderer. The avenger of blood shall put the murderer to death when he meets him. It would have been better for the murderer to flee into the wilderness, or to the surrounding nations, than to go to a City of Refuge where he could be found guilty and be put to death. “But what if he strangled the victim? What if…” This was not an exhaustive list of the ways one could be murdered, but was put in place to deal with someone who was thinking there was some loophole they could escape through. With God, there are no loopholes. If you killed someone intentionally, no matter how you accomplished it, you were guilty of that murder and you were put to death. As I said before, in those days murder was a very serious thing, and, as always, was taken very seriously by God.
“But what if he pushed the person out of the way of a charging bull, or a hissing snake and the person died? What about the person who was walking down the road, chucking rocks here and there, and struck someone on the head, unknowingly, and killed them?” This was taken into account, as we read in verses 22-23. These would be what we would call today involuntary manslaughter, and the case would be heard by a jury who would decide whether or not the offender should be punished or be set free. In a case such as this, the evidence pro and con would have to be weighed by the Levites, who would render their decision. This is one more reason why these cities were to belong to the Levites—so that they could steep themselves in the Law, so that when such a case arose, they would know rightly what to do. Also, they would be impartial hearers, having no allegiances to any of the other tribes. They could always be before their God, and could impartially determine guilt and innocence.
Numbers 35:24-25—24 “Then the congregation shall judge between the manslayer and the avenger of blood according to these judgments. 25 So the congregation shall deliver the manslayer from the hand of the avenger of blood, and the congregation shall return him to the city of refuge where he had fled, and he shall remain there until the death of the high priest who was anointed with the holy oil.” Joshua elaborates more on this, in Joshua 20:6—“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.” The accused was to remain in the City of Refuge to which he fled until the death of the High Priest. After that, he could return to his own house, with no threat of death over his head. Just as today, when the accused is acquitted by a jury, they do not fear being arrested and charged again with the same crime, as our Constitution says “…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…” As with our Constitution now, so it was under the Law of Moses at the time: Once the person was found not guilty, they were freed from the charges of the incident for life. “But what if the person really did kill the person intentionally and with malice aforethought? Does this mean the person gets away with it?” Well, yes. The congregation could only deal with the evidence before them. They could not go any further than what they had before them. But as now, so then, if that person was found not guilty of a crime they actually did commit, that person would have to answer to a higher level of justice than could be meted out by humans. Matthew Henry: “Murder in all its forms, and under all disguises, pollutes a land. Alas! that so many murders, under the name of duels, prize-fights, etc. should pass unpunished.” True indeed, that when men are engaged in activities that involve brutality and, in the case of duels, death, that these deaths should go unpunished.
Numbers 35:26-32—“‘26 But if the manslayer at any time goes outside the limits of the city of refuge where he fled, 27 and the avenger of blood finds him outside the limits of his city of refuge, and the avenger of blood kills the manslayer, he shall not be guilty of blood, 28 because he should have remained in his city of refuge until the death of the high priest. But after the death of the high priest the manslayer may return to the land of his possession. 29 And these things shall be a statute of judgment to you throughout your generations in all your dwellings. 30 Whoever kills a person, the murderer shall be put to death on the testimony of witnesses; but one witness is not sufficient testimony against a person for the death penalty. 31 Moreover you shall take no ransom for the life of a murderer who is guilty of death, but he shall surely be put to death. 32 And you shall take no ransom for him who has fled to his city of refuge, that he may return to dwell in the land before the death of the priest.’”
As much protection as the accused had while within the City of Refuge, that protection disappeared once the left its walls. Much like with the various extradition treaties we have today. A person guilty of a crime may flee to a country that does not have an extradition treaty with the United States, and live there safely with no threat of being returned to this country to face trial for their crimes. And as long as they remain in those countries, they are free to come and go as they please within those borders. But if they leave and fly to another country which does have an extradition treaty with the United States, they can be brought back here and face trial for their crimes, found guilty and punished. And even still, some of the countries with which we do have such treaties can, at their discretion, refuse to extradite criminals.
In our text, we find that if the accused steps outside the walls of the City of Refuge to which they have fled, and the Avenger of Blood finds them and slays them, the Avenger would not be found guilty. 26 But if the manslayer at any time goes outside the limits of the city of refuge where he fled, 27 and the avenger of blood finds him outside the limits of his city of refuge, and the avenger of blood kills the manslayer, he shall not be guilty of blood, 28 because he should have remained in his city of refuge until the death of the high priest. We find an example of a man who had not committed murder, but had assaulted King David, being confined to Jerusalem and slain when he left the city. 2nd Samuel 16:5-8, 13—5 Now when King David came to Bahurim, there was a man from the family of the house of Saul, whose name was Shimei the son of Gera, coming from there. He came out, cursing continuously as he came. 6 And he threw stones at David and at all the servants of King David. And all the people and all the mighty men were on his right hand and on his left. 7 Also Shimei said thus when he cursed: "Come out! Come out! You bloodthirsty man, you rogue! 8 The LORD has brought upon you all the blood of the house of Saul, in whose place you have reigned; and the LORD has delivered the kingdom into the hand of Absalom your son. So now you are caught in your own evil, because you are a bloodthirsty man!"…13 And as David and his men went along the road, Shimei went along the hillside opposite him and cursed as he went, threw stones at him and kicked up dust. Shimei was under the impression that David had killed Shimei’s kinsman King Saul. So when Absalom had usurped the throne from David, Shimei took the opportunity to curse and to attack David, albeit from a safe distance.
Fast forward to 1st Kings 2, and we read that David is in his old age and near to death, and he gives his son Solomon this charge. 1st Kings 2:8-9—8 "And see, you have with you Shimei the son of Gera, a Benjamite from Bahurim, who cursed me with a malicious curse in the day when I went to Mahanaim. But he came down to meet me at the Jordan, and I swore to him by the LORD, saying, 'I will not put you to death with the sword.' [see 2nd Samuel 19:23] 9 Now therefore, do not hold him guiltless, for you are a wise man and know what you ought to do to him; but bring his gray hair down to the grave with blood." David prescribed that Shimei should be punished for his insolence. But the punishment for Shimei cursing and assaulting the king was not death, but basically “house arrest”—he was not to leave the city of Jerusalem. 1st Kings 2:36-38—36 Then the king sent and called for Shimei, and said to him, "Build yourself a house in Jerusalem and dwell there, and do not go out from there anywhere. 37 For it shall be, on the day you go out and cross the Brook Kidron, know for certain you shall surely die; your blood shall be on your own head." 38 And Shimei said to the king, "The saying is good. As my lord the king has said, so your servant will do." So Shimei dwelt in Jerusalem many days. Shimei agreed to be bound by the words of the king, to remain in Jerusalem all the remaining days of his life. And Solomon made sure to let him know that if he did leave the confines of the city, Solomon would not be responsible for his life. And after a few years, Shimei felt comfortable in Jerusalem, and thought nothing would happen if he happened to slip out of the city to wrangle up a couple of his escaped slaves. But… 1st Kings 2:39-44, 46—39 Now it happened at the end of three years, that two slaves of Shimei ran away to Achish…40 So Shimei arose, saddled his donkey, and went to Achish at Gath to seek his slaves…41 And Solomon was told that Shimei had gone from Jerusalem to Gath and had come back. 42 Then the king sent and called for Shimei, and said to him, "Did I not make you swear by the LORD, and warn you, saying, 'Know for certain that on the day you go out and travel anywhere, you shall surely die'? And you said to me, 'The word I have heard is good.' 43 Why then have you not kept the oath of the LORD and the commandment that I gave you?" 44 The king said moreover to Shimei, "You know, as your heart acknowledges, all the wickedness that you did to my father David; therefore the LORD will return your wickedness on your own head…46 So the king commanded Benaiah the son of Jehoiada; and he went out and struck him down, and he died. Just as the Avenger of Blood would slay the manslayer if he found him outside the City of Refuge, so Solomon had Shimei struck down for leaving the walls of Jerusalem after he had pledged not to leave. (This episode could also be applied to Numbers 30 and the swearing of oaths).
Shimei had polluted the land by cursing the king, especially the king that God Himself had established a covenant with. Just as murder polluted the land. Numbers 35:33-34—“‘3 So you shall not pollute the land where you are; for blood defiles the land, and no atonement can be made for the land, for the blood that is shed on it, except by the blood of him who shed it. 34 Therefore do not defile the land which you inhabit, in the midst of which I dwell; for I the LORD dwell among the children of Israel.’” Let’s go all the way back to Genesis 4. The very first murder. God was accepting of Abel’s offering, but He did not accept Cain’s. This upset Cain, and he knew of no other recourse than to slay the one that God accepted. We don’t know how he killed his brother, and it really doesn't matter. He had already shown symptoms of being cursed by the sin of Adam. And he slew his brother. What was God’s reply? Genesis 4:10-11—10 And He said, “What have you done? The voice of your brother's blood cries out to Me from the ground. 11 So now you are cursed from the earth, which has opened its mouth to receive your brother's blood from your hand.” When innocent blood is spilled upon the ground, that ground is polluted. Because the life of every creature is its blood (Genesis 9:4; Leviticus 17:11; Deuteronomy 12:23). And in order to cleanse the land from the innocent blood that had been spilled, the one who shed that blood was to be eliminated. For blood defiles the land, and no atonement can be made for the land, for the blood that is shed on it, except by the blood of him who shed it. There were commandments in the Law concerning bodily discharges such as urine and stool. God said these must be covered over by dirt, as He dwelt in the camp (see Deuteronomy 23:12-14). These are things that are naturally excreted from the body, and do not cause loss of life. How much more impure would the ground become if blood, which is supposed to stay within the body, is spilled on the ground?
This principle had not been abrogated. In fact, Jesus said that the innocent blood of the prophets was to be paid for. Luke 11:49-51—“49 Therefore the wisdom of God also said, 'I will send them prophets and apostles, and some of them they will kill and persecute,' 50 that the blood of all the prophets which was shed from the foundation of the world may be required of this generation, 51 from the blood of Abel to the blood of Zechariah who perished between the altar and the temple. Yes, I say to you, it shall be required of this generation.” (See also Matthew 23:34-36, where Jesus says “Therefore, indeed, I send you prophets &c.”, showing that Christ Himself is the Wisdom of God.) Was the blood of the prophets who were slain ever avenged? Was the land cleansed of their innocent blood by the slaying of those who spilled it? No it has never been avenged, and the land is still polluted because of it. The blood of the martyrs slain for their witness has never been avenged. And no, the blood of Christ, the innocent Lamb of God, has never been avenged. But all this blood will be avenged one day, by the One who is closer to all of them than anyone. Ger de Koning says in his commentary (King Comments):
Those who build the tombs of the martyrs do not seem to be involved in the persecution and violence practiced by the fathers, but that is only apparent. The opposite will soon be the case. God will soon put them to the test by sending apostles and prophets, some of whom they will kill and others persecute to get rid of them somehow. Instead of being held back by the example of their fathers, they follow in their guilty footsteps. They are more to blame because they ignore such a serious warning. In the wisdom of God, the conduct of the people to whom the Lord speaks here, the measure of iniquity of “this generation”, which is this kind of hypocritical people, will be made full. God will then demand from them the blood of all prophets that through the ages has been shed by them from the very beginning. Abel is the first person whose blood was shed. We do not read from him a word he has spoken. Yet the Lord calls him here a prophet. By his way of life, which showed fellowship with God, he was a condemnation for Cain. What Abel did, casted light on Cain who rejected the light by killing Abel. Cain is the pious, legalistic Pharisee, who expresses his anger against someone who truly honors God. This generation will soon do the same with the Lord Jesus.
If Jesus said it, then it is true and will be accomplished!
To finish up this chapter—and this book—let us consider the words of the writer of Hebrews in Hebrews 6:17-18—17 Thus God, determining to show more abundantly to the heirs of promise the immutability of His counsel, confirmed it by an oath, 18 that by two immutable things, in which it is impossible for God to lie, we might have strong consolation, who have fled for refuge to lay hold of the hope set before us. We are all guilty sinners. We have all, in one way or another, polluted the land with our sins. Have we all murdered? No. And yes (see Matthew 5:21-22). Have we all committed adultery? No. and yes (see Matthew 5:27-28). Have we all stolen something? Probably. But even though we not have committed these sins that are the worst of all, we have grieved God’s heart by following our own ways and doing things that He has commanded us to not do. All of us. Every single one. And what do we deserve for committing these offenses? Death. Eternal death. Being forever separated from the one true and living God, consigned to the fires of Hell. “That sounds bleak. What can we do to avoid such a fate?” There is only one thing we can do. Run. Run to Jesus. He is our City of Refuge. Run to Him, as quickly as you can, that you may not fall into the hands of our Adversary, who seeks to separate us from Him. Let us say with David, The God of my strength, in whom I will trust; my shield and the horn of my salvation, stronghold and my refuge; my Savior, You save me from violence (2nd Samuel 22:3); and Bow down Your ear to me, deliver me speedily; be my rock of refuge, a fortress of defense to save me (Psalm 31:2); and God is our refuge and strength, a very present help in trouble (Psalm 46:1); Be merciful to me, O God, be merciful to me! For my soul trusts in You; and in the shadow of Your wings I will make my refuge (Psalm 57:1); and In God is my salvation and my glory; the rock of my strength, and my refuge, is in God. Trust in Him at all times, you people; pour out your heart before Him; God is a refuge for us (Psalm 62:7-8); He shall cover you with His feathers, and under His wings you shall take refuge; His truth shall be your shield and buckler (Psalm 91:4). Let us say with the apostle Paul But now in Christ Jesus you who once were far off have been brought near by the blood of Christ (Ephesians 2:13). Let us speak the words of the publican in Luke 18:13. And let us speak as did the penitent thief, who begged our Lord to remember him in His kingdom (Luke 23:42). Of this sinner Charles Spurgeon wrote in his work “The Seven Wonders of Grace”:
The lesson of our text is not merely that Christ can save in our last extremity, though that is true, but that now at this moment Jesus is able to save us, and that if saved at all, salvation must be an immediate and complete act, so that, come life or come death, we are perfectly saved. It will not take the Lord long to raise the dead—in a moment, in the twinkling of an eye, the dead shall be raised incorruptible; and the Lord takes no time in regenerating a soul. Dead souls live in an instant when the breath of the Spirit quickens them. Faith brings instantaneous pardon. There is no course of probation to go through, there are no attainments to be sought after, and no protracted efforts to be made in order to be saved. Thou art saved if thou believest in Jesus. The finished work of Christ is thine. Thou art God's beloved, accepted, forgiven, adopted child. Saved thou art, and saved thou shalt be for ever and ever if thou believest.
Instantaneous salvation! Immediate salvation! This the Spirit of God gives to those who trust in Jesus. Thou needest not wait till to-morrow's sun has dawned. Talk not of a more convenient season. Sitting where thou art, the almighty grace of God can come upon thee and save thee, and this shall be a sign unto thee that Christ is born in thy heart the hope of glory,—when thou believest in him as thy pardon, righteousness, and all in all, thou shalt have peace. If thou dost but trust thyself in Jesus' hands thou art a saved soul, and the angels in heaven are singing high praises to God and the Lamb on thine account.
We who have been welcomed into the City of Refuge that is our Lord Jesus Christ, let us always remember that He has welcomed us within His gates, we are His, and we shall never be cast out!
Dear Lord, thank You—thank You, thank You, THANK YOU!!!—that you did not forsake us in our sins, but that you prepared for us a Refuge that we could run to when we polluted the land with our sins. That You did not simply strike us down in Your anger, but You were patient with us, and gave us a City of Refuge that we could run to, lest our Adversary come upon us and eternally destroy us. For those who do not know Him, I pray that You would open their eyes to see their need for a Savior, which is Christ the Lord, that they may see their need to run to Your Refuge, that they may be saved.
We will begin the book of Deuteronomy next week.
Jesus Christ is Lord.
Amen.