Numbers 35:21 - Intentional murder demands justice?

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Hebrew Text

אוֹ בְאֵיבָה הִכָּהוּ בְיָדוֹ וַיָּמֹת מוֹת־יוּמַת הַמַּכֶּה רֹצֵחַ הוּא גֹּאֵל הַדָּם יָמִית אֶת־הָרֹצֵחַ בְּפִגְעוֹ־בוֹ׃

English Translation

or in enmity smite him with his hand, that he die: he that smote him shall surely be put to death; for he is a murderer: the revenger of blood shall slay the murderer, when he encounters him.

Transliteration

O ve'eiva hikahu v'yado vayamot mot-yumat hamake rotzeach hu go'el hadam yamit et-harotzeach b'fig'o-vo.

Hebrew Leining Text

א֣וֹ בְאֵיבָ֞ה הִכָּ֤הוּ בְיָדוֹ֙ וַיָּמֹ֔ת מֽוֹת־יוּמַ֥ת הַמַּכֶּ֖ה רֹצֵ֣חַֽ ה֑וּא גֹּאֵ֣ל הַדָּ֗ם יָמִ֛ית אֶת־הָרֹצֵ֖חַ בְּפִגְעוֹ־בֽוֹ׃

Parasha Commentary

Context and Overview

This verse (Numbers 35:21) discusses the laws of an intentional murderer who kills another person out of enmity (איבה). The Torah mandates capital punishment for such an act, classifying the perpetrator as a רוצח (murderer) and permitting the גואל הדם (blood avenger) to execute justice.

Rashi's Commentary

Rashi explains that the phrase "בְאֵיבָה הִכָּהוּ" ("in enmity smote him") refers to a premeditated act of murder, where the killer harbored hatred (איבה) toward the victim. This distinguishes it from accidental killing (discussed earlier in the chapter). Rashi emphasizes that the murderer is subject to the death penalty only if there were witnesses who warned him beforehand (התראה), a key requirement in Jewish law for capital cases.

Rambam's Legal Analysis

In Hilchot Rotzeach (Laws of Murder) 2:2, the Rambam codifies this verse, stating that one who kills intentionally with enmity is executed by the court if all legal conditions are met. He further clarifies that the גואל הדם (usually a close relative of the victim) is permitted to kill the murderer only if the court has already convicted him but lacks the authority to carry out the execution (e.g., in post-Temple times when Sanhedrin does not convene).

Talmudic Discussion

The Talmud (Sanhedrin 45b) derives from the phrase "בְפִגְעוֹ־בוֹ" ("when he encounters him") that the blood avenger may only act if he meets the murderer outside a city of refuge. If the murderer reaches a city of refuge, the avenger may no longer kill him. This underscores the Torah's careful balance between justice and mercy.

Midrashic Insight

The Mechilta (on a parallel verse in Exodus) teaches that the severity of murder lies in its being a sin against the divine image (צלם אלוקים). Since human life is sacred, one who intentionally destroys it forfeits his own life—a principle rooted in Genesis 9:6.

Key Halachic Principles

The death penalty applies only with clear evidence, witnesses, and prior warning (התראה).
The גואל הדם acts as an agent of justice, not personal vengeance.
Cities of refuge provide protection for unintentional killers but not for intentional murderers.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Sanhedrin 78b

The verse is discussed in the context of the laws regarding murder and the role of the avenger of blood (go'el hadam). The Talmud examines the conditions under which one is considered a murderer and the implications for the avenger of blood.

📖 Makkot 12a

This verse is referenced in a discussion about the cities of refuge and the circumstances under which a killer may flee to them, differentiating between intentional and unintentional killing.

Frequently Asked Questions

Q: What does Numbers 35:21 mean?
A: Numbers 35:21 discusses the law of intentional murder. If someone kills another person out of hatred or enmity (with clear intent), they are considered a murderer ('rotzeach') and are subject to the death penalty. The verse also mentions the role of the 'go'el hadam' (blood avenger), usually a close relative of the victim, who has the responsibility to execute justice upon encountering the murderer.

Q: Why is the 'go'el hadam' (blood avenger) mentioned in this verse?
A: The Torah assigns the 'go'el hadam' (blood avenger) the role of carrying out justice for intentional murder, as explained in the Talmud (Makkot 10b). This was part of the biblical judicial system to ensure that murderers did not escape punishment. However, the Sanhedrin (Jewish high court) had strict rules about when and how this could be applied to prevent wrongful executions.

Q: How does this law apply today without the Sanhedrin?
A: Since the Sanhedrin no longer exists, capital punishment is not carried out in Jewish law today. However, the principle still teaches the severity of intentional murder. The Rambam (Hilchos Rotzeach 1:4) explains that the Torah's strict laws emphasize the infinite value of human life and the gravity of taking it unlawfully.

Q: What is the difference between murder and manslaughter in Jewish law?
A: This verse specifies murder ('rotzeach')—killing with intent or hatred. In contrast, accidental killing (manslaughter) is discussed in earlier verses (Numbers 35:11), where the killer could flee to a 'city of refuge.' The Talmud (Makkot 7a) elaborates on the distinctions, showing that intent is crucial in determining the severity of the crime.

Q: What can we learn from this verse about justice?
A: This verse teaches the importance of accountability in Jewish law. Rashi explains that intentional murder cannot go unpunished, as it disrupts moral order. However, the Torah also establishes safeguards (like the requirement of witnesses and warning, Sanhedrin 40b) to ensure justice is precise and not carried out rashly.