Deuteronomy 4:42 - Unintentional killer's refuge city?

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Hebrew Text

לָנֻס שָׁמָּה רוֹצֵחַ אֲשֶׁר יִרְצַח אֶת־רֵעֵהוּ בִּבְלִי־דַעַת וְהוּא לֹא־שֹׂנֵא לוֹ מִתְּמוֹל שִׁלְשׁוֹם וְנָס אֶל־אַחַת מִן־הֶעָרִים הָאֵל וָחָי׃

English Translation

that the slayer might flee there, who should kill his neighbour unawares, and hated him not in times past; and that fleeing unto one of these cities he might live:

Transliteration

Lanus shamah rotze'ach asher yirtzach et-re'ehu bivli-da'at vehu lo-sone lo mitmol shilshom venas el-ahat min-ha'arim ha'el vachai.

Hebrew Leining Text

לָנֻ֨ס שָׁ֜מָּה רוֹצֵ֗חַ אֲשֶׁ֨ר יִרְצַ֤ח אֶת־רֵעֵ֙הוּ֙ בִּבְלִי־דַ֔עַת וְה֛וּא לֹא־שֹׂנֵ֥א ל֖וֹ מִתְּמֹ֣ל שִׁלְשֹׁ֑ם וְנָ֗ס אֶל־אַחַ֛ת מִן־הֶעָרִ֥ים הָאֵ֖ל וָחָֽי׃

Parasha Commentary

Context of the Verse

This verse (Devarim 19:4) discusses the laws of the arei miklat (cities of refuge), where an unintentional murderer (rotzeach b'shogeg) may flee for protection from the go'el hadam (blood avenger). The Torah establishes these cities to ensure justice while preventing unnecessary bloodshed.

Key Terms and Their Meanings

"בִּבְלִי־דַעַת" (unawares) - Rashi explains this as a killing that occurs without intent, such as an accidental act where the perpetrator had no awareness of the danger (e.g., a stone falling from a roof). The Rambam (Hilchos Rotzeach 5:1) elaborates that this includes cases where the killer was negligent but did not act with malice.
"וְהוּא לֹא־שֹׂנֵא לוֹ מִתְּמוֹל שִׁלְשׁוֹם" (and hated him not in times past) - The Talmud (Makkos 2b) teaches that if there was prior enmity, the killer is presumed to have acted intentionally and is not eligible for refuge. This condition ensures that only genuine cases of accidental killing are protected.

The Purpose of the Cities of Refuge

According to the Rambam (Hilchos Rotzeach 8:9), the arei miklat serve a dual purpose:

Protection: They shield the unintentional killer from the blood avenger, preventing a cycle of vengeance.
Repentance: The exile serves as atonement for the killer’s negligence, as the Sifri (Devarim 19:3) states that dwelling in the city allows for reflection and teshuvah.

Halachic Implications

The verse establishes criteria for determining whether a killing is unintentional:

The absence of prior hatred (sinah) is critical, as the Gemara (Makkos 7a) rules that even a minor quarrel disqualifies the killer from refuge.
The phrase "וָחָי" (and he may live) underscores the Torah’s value for life—even the life of one who caused death unintentionally (Ramban on Devarim 19:5).

Moral Lessons

The Midrash (Tanchuma, Masei 2) derives from this verse that Hashem provides opportunities for repentance even in tragic circumstances. Additionally, the requirement to flee teaches humility—acknowledging responsibility for one’s actions, even when unintended.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Makkot 10a

The verse is discussed in the context of the laws regarding cities of refuge for unintentional murderers.

📖 Sanhedrin 49b

The verse is referenced in a discussion about the conditions under which a murderer may flee to a city of refuge.

Frequently Asked Questions

Q: What does the verse about a 'slayer fleeing to a city' mean?
A: This verse refers to the concept of 'arei miklat' (cities of refuge) in the Torah. If someone accidentally kills another person (without intent or prior hatred), they must flee to one of these designated cities for protection from the victim's family. This ensures justice while preventing unnecessary bloodshed (Rashi on Deuteronomy 4:42, Mishnah Makkot 2:1).

Q: Why did the Torah establish cities of refuge?
A: The Torah established 'arei miklat' (cities of refuge) to balance justice and mercy. While accidental killing still requires accountability, the Torah protects the unintentional killer from revenge. This teaches the sanctity of life and the importance of fair judgment (Rambam, Hilchot Rotzeach 5:1, Talmud Makkot 10a).

Q: How does the law of accidental killing apply today?
A: Although we no longer have functioning 'arei miklat' today, the principles remain relevant. The Torah emphasizes the gravity of causing harm—even unintentionally—and the need for responsibility. Jewish law still discusses cases of accidental injury or death, focusing on prevention and proper atonement (Choshen Mishpat 425, Rambam Hilchot Nizkei Mammon).

Q: What does 'hated him not in times past' mean in this verse?
A: The phrase clarifies that the killing was truly accidental. If the slayer had prior hatred or a motive, it would be considered murder, not an accident. The Torah requires witnesses and judges to investigate carefully to distinguish between intentional and unintentional acts (Rashi on Deuteronomy 4:42, Talmud Sanhedrin 27b).

Q: How many cities of refuge were there, and where were they located?
A: There were six cities of refuge in total—three on the east side of the Jordan River and three in the land of Israel proper (Deuteronomy 4:41-43, Joshua 20:7-8). They were strategically placed so that anyone in need could reach one quickly (Talmud Makkot 9b). The Levites, who were teachers of Torah, lived in these cities to guide the accidental killers in repentance.