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City of Refuge: Punishement or Protection?
This sheet on Numbers 35 was written by Blair Nosan for 929 and can also be found here
"The assembly shall protect the manslayer from the blood-avenger, and the assembly shall restore him to the city of refuge to which he fled, and there he shall remain until the death of the high priest who was anointed with the sacred oil" (35:25).
Chapter 35 is all about cities of refuge. Accidental killers are allowed the safety of fleeing from their avenger to a city of refuge, where their avenger can no longer lay claim on their life. It is unclear throughout this chapter whether the city of refuge is a punishment or a protection, and this verse outlining that the murderer can or will return home after the death of the high priest at first glance only adds to the confusion. Does the murderer remain in the city because they are unsafe elsewhere, and somehow the priest’s death means they can no longer “hide” in the city? Or is the murderer being kept in the city against their will and the death of the high priest releases them from their purgatory?
In Talmudic tractate Makkot 11a there is a rabbinic discussion that reveals a third reading of these cities. It says "Therefore, the mothers of High Priests would provide those exiled to cities of refuge with sustenance and garments so that they would not pray that their sons would die."
The notion that the mother of the high priest would need to worry about the prayer of the murderer is a complex one. The high priest, the human who comes in closest physical contact with God, is vulnerable to the prayers of the accidental murder. This makes clear that the exile experienced by the accidental murderer is entirely human, and that God has not grown distant from them.
And yet, though the city of refuge provides them with an escape, its inherently temporary status, and the fact that they are forced to flee there, leaves the saved accidental murderer feeling alone. The wisdom of the high priest’s mother when she faces the suffering of the exile is to try to make even this temporary circumstance feel like home.
(כה) וְהִצִּ֨ילוּ הָעֵדָ֜ה אֶת־הָרֹצֵ֗חַ מִיַּד֮ גֹּאֵ֣ל הַדָּם֒ וְהֵשִׁ֤יבוּ אֹתוֹ֙ הָֽעֵדָ֔ה אֶל־עִ֥יר מִקְלָט֖וֹ אֲשֶׁר־נָ֣ס שָׁ֑מָּה וְיָ֣שַׁב בָּ֗הּ עַד־מוֹת֙ הַכֹּהֵ֣ן הַגָּדֹ֔ל אֲשֶׁר־מָשַׁ֥ח אֹת֖וֹ בְּשֶׁ֥מֶן הַקֹּֽדֶשׁ׃
(25) The assembly shall protect the manslayer from the blood-avenger, and the assembly shall restore him to the city of refuge to which he fled, and there he shall remain until the death of the high priest who was anointed with the sacred oil.
Blair Nosan is a pickler and a rabbinical student at JTS.
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