Deuteronomy 21:2 - Elders measure nearest city's guilt?

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Hebrew Text

וְיָצְאוּ זְקֵנֶיךָ וְשֹׁפְטֶיךָ וּמָדְדוּ אֶל־הֶעָרִים אֲשֶׁר סְבִיבֹת הֶחָלָל׃

English Translation

then thy elders and thy judges shall come out, and they shall measure to the cities which are round about him that is slain:

Transliteration

Veyatz'u zkeneycha veshoft'cha umad'du el-he'arim asher svi'vot hechalal.

Hebrew Leining Text

וְיָצְא֥וּ זְקֵנֶ֖יךָ וְשֹׁפְטֶ֑יךָ וּמָדְדוּ֙ אֶל־הֶ֣עָרִ֔ים אֲשֶׁ֖ר סְבִיבֹ֥ת הֶחָלָֽל׃

Parasha Commentary

Context of the Verse

This verse (Devarim 21:2) is part of the Torah's discussion of the eglah arufah (עגלה ערופה), the ritual performed when a slain body is found between cities, and the murderer is unknown. The elders and judges are commanded to measure the distance from the corpse to the nearest cities to determine responsibility.

Role of the Elders and Judges

Rashi explains that the "elders" (zekenim) mentioned here refer to the Sanhedrin or the local court of sages, while the "judges" (shoftim) are the Torah scholars who apply halachic rulings. The involvement of both emphasizes the gravity of the situation—a human life has been lost, and the community must take responsibility.

The Act of Measuring

The Talmud (Sotah 45b) discusses why measuring is necessary. Rambam (Hilchos Rotzeach 9:3) explains that this procedure serves as a public declaration that the city nearest to the crime did not neglect its duty to provide safe roads. The measurement is not merely technical but a symbolic act of communal accountability.

Spiritual Significance

Midrash Tanchuma (Shoftim 10) teaches that the ritual of eglah arufah atones for the collective negligence of society in allowing such a tragedy to occur.
Sefer HaChinuch (Mitzvah 530) highlights that this mitzvah instills reverence for human life and reminds the community to uphold justice and safety.

Halachic Implications

The Mishnah (Sotah 9:1) states that if the measurement shows the corpse is equidistant between two cities, both must bring an eglah arufah. This underscores the principle that unresolved bloodshed defiles the land (Bamidbar 35:33), and all nearby communities must participate in the atonement process.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Sotah 45b

The verse is discussed in the context of the ritual of the eglah arufah (the broken-necked heifer), where the elders of the city measure the distance to the nearest city from the place where a slain body was found.

Frequently Asked Questions

Q: What does Deuteronomy 21:2 mean when it says the elders and judges should 'measure to the cities' around a slain person?
A: According to Rashi and the Talmud (Sotah 45b), the measuring is a symbolic act to determine which city is closest to the unidentified murder victim. The elders of the nearest city must then perform a special ceremony (eglah arufah) to atone for the unsolved crime, showing the seriousness of bloodshed and communal responsibility.

Q: Why are the elders and judges specifically involved in this process in Deuteronomy 21:2?
A: The Rambam (Hilchos Rotzeach 9:3) explains that the elders and judges represent the community's leadership and moral responsibility. Their involvement emphasizes that an unsolved murder is a failure of society's justice system, requiring communal atonement and introspection about maintaining safety and justice.

Q: What practical lesson can we learn today from Deuteronomy 21:2 about unsolved crimes?
A: The verse teaches that society bears responsibility for violence that occurs in its midst. Even when the perpetrator isn't found, the Torah requires action (the eglah arufah ceremony) to acknowledge the tragedy and commit to creating a more just society - a lesson about communal accountability that remains relevant today.

Q: How does the measuring process work in Deuteronomy 21:2 according to Jewish tradition?
A: The Mishnah (Sotah 9:1) details that court officers would measure from the corpse to surrounding cities using a special rope. The city whose territory was closest (even by a slight margin) would be responsible for the atonement ceremony. This precise measurement shows the Torah's emphasis on fair, objective judgment.

Q: Why does the Torah include this law about measuring to cities in Deuteronomy 21?
A: The Midrash (Tanchuma Shoftim 9) explains this law serves multiple purposes: 1) It brings public attention to violent crimes that might otherwise be ignored 2) It prompts communities to improve safety measures 3) It demonstrates that G-d holds societies accountable for maintaining justice and protecting life.