וְלֹֽא־תַחֲנִ֣יפוּ אֶת־הָאָ֗רֶץ אֲשֶׁ֤ר אַתֶּם֙ בָּ֔הּ כִּ֣י הַדָּ֔ם ה֥וּא יַחֲנִ֖יף אֶת־הָאָ֑רֶץ וְלָאָ֣רֶץ לֹֽא־יְכֻפַּ֗ר לַדָּם֙ אֲשֶׁ֣ר שֻׁפַּךְ־בָּ֔הּ כִּי־אִ֖ם בְּדַ֥ם שֹׁפְכֽוֹ׃
You shall not pollute the land in which you live; for blood pollutes the land, and the land can have no expiation for blood that is shed on it, except by the blood of the one who shed it.
וְלֹֽא־תַחֲנִ֣יפוּ אֶת־הָאָ֗רֶץ אֲשֶׁ֤ר אַתֶּם֙ בָּ֔הּ כִּ֣י הַדָּ֔ם ה֥וּא יַחֲנִ֖יף אֶת־הָאָ֑רֶץ וְלָאָ֣רֶץ לֹֽא־יְכֻפַּ֗ר לַדָּם֙ אֲשֶׁ֣ר שֻׁפַּךְ־בָּ֔הּ כִּי־אִ֖ם בְּדַ֥ם שֹׁפְכֽוֹ׃
You are not to corrupt the land that you are in,
for the blood—it will corrupt the land,
and the land will not be purged of the blood that has been shed upon it
except through the blood of him who shed it.
for the blood—it will corrupt the land,
and the land will not be purged of the blood that has been shed upon it
except through the blood of him who shed it.
Here in Numbers we hear a similar sentiment: “You shall not pollute the land in which you live, for blood pollutes the land, and the land can have no expiation for blood that is shed on it, except by the blood of him who shed it” (Num. 35:33). The verb ḥ-n-f, which appears twice in this verse and nowhere else in the Mosaic books, means to pollute, to soil, to dirty, to defile. There is something fundamentally blemished about a world in which murder goes unpunished. Human life is sacred. Even justified acts of bloodshed, as in the case of war, communicate impurity. A priest who has shed blood does not bless the people. David is told that he may not build the Temple “because you shed much blood” (I Chr. 22:8). Death defiles.
This section mandates that the people should set aside three cities initially, with the addition of three more as needed, to provide refuge for persons guilty of unintentional homicide (see also 4:41–42; Exodus 21:13–14; Numbers 35:9–34). This law reflects an old practice that runs parallel to, and counter to, Deuteronomy’s principle that the courts have jurisdiction over the sentencing of a person to capital punishment and the carrying out of that punishment if warranted; in this case, a relative avenges a killing. A person who commits manslaughter could, according to other texts, find refuge at an altar (see I Kings 2:28–34); but since Deuteronomy bans local sanctuaries, it must find a substitute site of refuge, which it does by establishing “secular” cities of refuge (not the same as the levitical cities mentioned in Numbers 35). The principle inherent in this law fits with the Deuteronomic principles that innocent blood should not be spilled and that the guilty should receive just punishment.
The Five Books of Moses, by Everett Fox, Deuteronomy, Part I; Historical Overview, Towns of Asylum 2
In a brief passage that seems utterly out of place amid the deep rhetoric of this section, Moshe carries out a command he had received in Num. 35:9–34 to make sure that an accidental manslayer has a special place(s) to flee to from an avenging family. Perhaps this has been placed here because it is one of the few “laws and regulations” in the Torah whose observance is mandated on the east bank of the Jordan River—and hence is one of the few that Moshe personally gets to carry out.
It is no coincidence that the book of Numbers draws to a close with a statement of one of the fundamentals of Judaism: the sanctity of human life. As the people approach the land that will become holy, they are reminded: “Do not pollute the land in which you live; it is blood that pollutes the land” (Num. 35:33). With these words we are brought back almost to the beginning of the human story, to the scene in which the first child, Cain, murders the second, Abel, and is told by God, “The sound of your brother’s blood is crying to Me from the ground” (Gen. 4:10). Likewise we recall the central law of the covenant with Noah: “He who sheds the blood of man, by man shall his blood be shed, for in the image of God did God make man” (Gen. 9:6). Since the human person is the image of God, murder is not merely a crime; it is sacrilege. It defiles the land. It desecrates something holy, namely human life itself.
וּבְגִין כָּךְ וְלָאָרֶץ לא יְכֻפָּר וְגו' וְלָאָרֶץ דִּילָן. וְלָא דַּי לוֹן דְּקָאִים אִיהוּ לְמִסְטֵי עָלְמָא לְמַגָּנָא וּלְקַטְרְגָא תָּדִיר כָל שֶׁכֵּן דְּגָזְלִין מִינֵיהּ מַה דְּאִית לֵיהּ לְנַטְלָא. וְקוּדְשָׁא בְּרִיךְ הוּא חָיִיס עַל בְּנוֹי, וּבְגִין כָּךְ קָרֵבִין עַל הַאי עֶגְלָא, בְּגִין לְתָקָּנָא עִמֵּיהּ מַה דְּאִתְנְטִיל הַהִיא נִשְׁמָתָא דְּבַּר נָשׁ מִנֵּיהּ, וְלָא יִשְׁתְּכַח מְקַטְרְגָא עַל (ד"א ל"ג קריבין בהאי) עָלְמָא.
Hence it is written: “And no expiation can be made for the land for the blood that is shed therein, but by the blood of him that shed it” (Num. 35, 33). Is it not enough for the world that Satan should be continually on the watch to lead men astray and to formulate accusations against them, that one must needs increase his fury by depriving him of what is his due? But the Holy One is merciful towards His children, and so provided the offering of a calf as reparation for the soul of which Satan was deprived and as a means of pacifying the world’s accuser.
דִּידִיעַ מַאן קַטְלֵיהּ בַּר קְטָלָא הוּא! בְּמֵזִיד וְלָא אַתְרוֹ בֵּיהּ.
The Gemara asks: If it is known who killed him, the murderer is deserving of death, and there is no atonement for the community until he is put to death, as the verse states: “And no atonement can be made for the land for the blood that is shed within it, but by the blood of him that shed it” (Numbers 35:33). The Gemara responds: There are certain instances where it is impossible to put him to death, e.g., if he murdered intentionally but witnesses did not warn him beforehand of the consequences of committing murder. In such a case, the court may not put the murderer to death, as there is no punishment without prior warning.
דִּידִיעַ מַאן קַטְלֵיהּ בַּר קְטָלָא הוּא! בְּמֵזִיד וְלָא אַתְרוֹ בֵּיהּ.
The Gemara asks: If it is known who killed him, the murderer is deserving of death, and there is no atonement for the community until he is put to death, as the verse states: “And no atonement can be made for the land for the blood that is shed within it, but by the blood of him that shed it” (Numbers 35:33). The Gemara responds: There are certain instances where it is impossible to put him to death, e.g., if he murdered intentionally but witnesses did not warn him beforehand of the consequences of committing murder. In such a case, the court may not put the murderer to death, as there is no punishment without prior warning.
בְּעָוֹן אַרְבָּעָה דְבָרִים הַגְּשָׁמִים נֶעֱצָרִין. בְּעָוֹן עוֹבְדֵי עֲבוֹדָה זָרָה וּמְגַלֵּי עֲרָיוֹת וְשׁוֹפְכֵי דָמִים וּפוֹסְקִין בָּרַבִּים וְאֵינָן נוֹתְנִין. בְּעָוֹן עוֹבְדֵי עֲבוֹדָה זָרָה מְנַיִין. הִשָּֽׁמְר֣וּ לָכֶ֔ם פֶּן־יִפְתֶּ֖ה לְבַבְכֶ֑ם וְסַרְתֶּ֗ם וַֽעֲבַדְתֶּם֨ אֱלֹהִ֣ים אֲחֵרִ֔ים וגו׳. מַה כְתִיב בַּתְרֵיהּ. וְחָרָ֨ה אַף־י֨י בָּכֶ֗ם וְעָצַ֤ר אֶת־הַשָּׁמַ֨יִם֨ וְלֹא־יִֽהְיֶ֣ה מָטָ֔ר. בְּעָוֹן מְגַלֵּי עֲרָיוֹת מְנַיִין. וַתַּֽחֲנִ֣יפִי אֶ֔רֶץ בִּזְנוּתֵךְ וּבְרָעָתֵֽךְ׃ מָהוּ עוֹנְשׁוֹ שֶׁלְדָּבָר. וַיִּמָּֽנְע֣וּ רְבִיבִ֔ים וּמַלְק֖וֹשׁ לֹא הָיָ֑ה. בְּעָוֹן שׁוֹפְכֵי דָמִים מְנַיִין. כִּ֣י הַדָּ֔ם ה֥וּא יַֽחֲנִ֖יף אֶת־הָאָ֑רֶץ. כִּי הַדָּם הוּא יָחֹן אַף עַל הָאָרֶץ. בְּעָוֹן פּוֹסְקִין בָּרַבִּים וְאֵינָן נוֹתְנִין מְנַיִין. נְשִׂיאִ֣ים וְ֭רוּחַ וְגֶ֣שֶׁם אָ֑יִן אִ֥ישׁ מִ֝תְהַלֵּ֗ל בְּמַתַּת־שָֽׁקֶר׃
Four sins cause the rains to be halted. The sins of idolatry, incestuous and adulterous behavior, spilling blood, and of those who pledge publicly for charity but do not pay up. By the sin of idolatry from where? Guardyourselves, that your heart not be led astray so you deviate and worship other powers, etc. What is written next? The Eternal’s rage will be inflamed against you; He will arrest the sky and there will be no rain. By the sin of incestuous and adulterous behavior, from where? You pollute the Land by your whoring and your criminality. What is the punishment for this? It prevents rain showers, and there will be no late rain. By the sin of the spillers of blood, from where? For the blood pollutes the Land. The blood will make anger rest on the Land. By the sin of those who pledge publicly for charity but do not pay up, from where? Clouds and wind but no rain, a man who takes credit for a lying gift.
בַּעֲוֹן שְׁפִיכוּת דָּמִים בֵּית הַמִּקְדָּשׁ חָרֵב, וּשְׁכִינָה מִסְתַּלֶּקֶת מִיִּשְׂרָאֵל, שֶׁנֶּאֱמַר: ״וְלֹא תַחֲנִיפוּ וְגוֹ׳ וְלֹא תְטַמֵּא אֶת הָאָרֶץ אֲשֶׁר אַתֶּם יוֹשְׁבִים בָּהּ אֲשֶׁר אֲנִי שׁוֹכֵן בְּתוֹכָהּ״. הָא אַתֶּם מְטַמְּאִים אוֹתָהּ — אֵינְכֶם יוֹשְׁבִים בָּהּ, וְאֵינִי שׁוֹכֵן בְּתוֹכָהּ.
Due to the sin of bloodshed, the Holy Temple is destroyed, and the Divine Presence leaves Israel, as it says: “So you shall not pollute the land wherein you are; for blood, it pollutes the land; and no expiation can be made for the land for the blood that is shed therein, but by the blood of him that shed it. And you shall not defile the land which you inhabit, in the midst of which I dwell; for I the Lord dwell in the midst of the children of Israel” (Numbers 35:33–34). However, if you defile the land, you will not inhabit it, and I will not dwell in it.
