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Study this verse
Public-domain commentary
Matthew Henry
From his Commentary on the Whole Bible. Henry comments on passages, not single verses — this entry covers Deuteronomy 19:1–13. His three-level outline is real structure in the source text, so it is rendered as structure.
It was one of the precepts given to the sons of Noah that whoso sheddeth man's blood by man shall his blood be shed, that is, by the avenger of blood, Gen 9:6. Now here we have the law settled between blood and blood, between the blood of the murdered and the blood of the murderer, and effectual provision made,
I.That the cities of refuge should be a protection to him that slew another casually, so that he should not die for that as a crime which was not his voluntary act, but only his unhappiness. The appointment of these cities of refuge we had before (Exo 21:13), and the law laid down concerning them at large, Num 35:10, etc. It is here repeated, and direction is given concerning three things: -
1.The appointing of three cities in Canaan for this purpose. Moses had already appointed three on that side Jordan which he saw the conquest of; and now he bids them, when they should be settled in the other part of the country, to appoint three more, Deu 19:1-3, Deu 19:7. The country was to be divided into three districts, as near by as might be equal, and a city of refuge in the centre of each so that every corner of the land might have one within reach. Thus Christ is not a refuge at a distance, which we must ascend to heaven or go down to the deep for, but the word is nigh us, and Christ in the word, Rom 10:8. The gospel brings salvation to our door, and there it knocks for admission. To make the flight of the delinquent the more easy, the way must be prepared that led to the city of refuge. Probably they had causeways or street-ways leading to those cities, and the Jews say that the magistrates of Israel, upon one certain day in the year, sent out messengers to see that those roads were in good repair, and they were to remove stumbling-blocks, mend bridges that were broken, and, where two ways met, they were to set up a Mercurial post, with a finger to point the right way, on which was engraven in great letters, Miklat, Miklat - Refuge, Refuge. In allusion to this, gospel ministers are to show people the way to Christ, and to assist and direct them in flying by faith to him for refuge. They must be ready to remove their prejudices, and help them over their difficulties. And, blessed be God, the way of holiness, to all that seek it faithfully, is a highway so plain that the wayfaring men, though fools, shall not err therein.
2.The use to be made of these cities, Deu 19:4-6.
(1.)It is supposed that it might so happen that a man might be the death of his neighbour without any design upon him either from a sudden passion or malice prepense, but purely by accident, as by the flying off of an axe-head, which is the instance here given, with which every case of this kind was to be compared, and by it adjudged. See how human life lies exposed daily, and what deaths we are often in, and what need therefore we have to be always ready, our souls being continually in our hands. How are the sons of men snared in an evil time, when it falls suddenly upon them! Ecc 9:12. An evil time indeed it is when this happens not only to the slain but to the slayer.
(2.)It is supposed that the relations of the person slain would be forward to avenge the blood, in affection to their friend and in zeal for public justice. Though the law did not allow the avenging of any other affront or injury with death, yet the avenger of blood, the blood of a relation, shall have great allowances made for the heat of his heart upon such a provocation as that, and his killing only, should not be accounted murder if he did it before he got to the city of refuge, though it is owned he was not worthy of death. Thus would God possess people with a great horror and dread of the sin of murder: if mere chance-medley did thus expose a man, surely he that wilfully does violence to the blood of any person, whether from an old grudge or upon a sudden provocation, must flee to the pit, and let no man stay him (Pro 28:17); yet the New Testament represents the sin of murder as more heinous and more dangerous than even this law does. Jo1 3:15, You know that no murderer has eternal life abiding in him.
(3.)It is provided that, if an avenger of blood should be so unreasonable as to demand satisfaction for blood shed by accident only, then the city of refuge should protect the slayer. Sins of ignorance indeed do expose us to the wrath of God, but there is relief provided, if by faith and repentance we make use of it. Paul that had been a persecutor obtained mercy, because he did it ignorantly; and Christ prayed for his crucifiers, Father, forgive them, for they know not what they do.
3.The appointing of three cities more for this use in case God should hereafter enlarge their territories and the dominion of their religion, that all those places which came under the government of the law of Moses in other instances might enjoy the benefit of that law in this instance, Deu 19:8-10. Here is,
(1.)An intimation of God's gracious intention to enlarge their coast, as he had promised to their fathers, if they did not by their disobedience forfeit the promise, the condition of which is here carefully repeated, that, if it were not performed, the reproach might lie upon them, and not on God. He promised to give it, if thou shalt keep all these commandments; not otherwise.
(2.)A direction to them to appoint three cities more in their new conquests, which, the number intimates, should be as large as their first conquests were; wherever the border of Israel went this privilege must attend it, that innocent blood be not shed, Deu 19:10. Though God is the saviour and preserver of all men, and has a tender regard to all lives, yet the blood of Israelites is in a particular manner precious to him, Psa 72:14. The learned Ainsworth observes that the Jewish writers themselves own that, the condition not being performed, the promise of the enlarging of their coast was never fulfilled; so that there was no occasion for ever adding these three cities of refuge; yet the holy blessed God (say they) did not command it in vain, for in the days of Messiah the prince three other cities shall be added to these six: they expect it to be fulfilled in the letter, but we know that in Christ it has its spiritual accomplishment, for the borders of the gospel Israel are enlarged according to the promise, and in Christ, the Lord our righteousness, refuge is provided for those that by faith flee to him.
II.It is provided that the cities of refuge should be no sanctuary or shelter to a wilful murderer, but even thence he should be fetched, and delivered to the avenger of blood, Deu 19:11-13.
1.This shows that wilful murder must never be protected by the civil magistrate; he bears the sword of justice in vain if he suffers those to escape the edge of it that lie under the guilt of blood, which he by office is the avenger of. During the dominion of the papacy in our own land, before the Reformation, there were some churches and religious houses (as they called them) that were made sanctuaries for the protection of all sorts of criminals that fled to them, wilful murderers not excepted, so that (as Stamford says, in his Pleas of the Crown, lib. II. c. 38) the government follows not Moses but Romulus, and it was not till about the latter end of Henry VIII's time that this privilege of sanctuary for wilful murder was taken away, when in that, as in other cases, the word of God came to be regarded more than the dictates of the see of Rome. And some have thought it would be a completing of that instance of reformation if the benefit of clergy were taken away for man-slaughter, that is, the killing of a man upon a small provocation, since this law allowed refuge only in case of that which our law calls chance-medley.
2.It may be alluded to to show that in Jesus Christ there is no refuge for presumptuous sinners, that go on still in their trespasses. If we thus sin wilfully, sin and go on in it, there remains no sacrifice, Heb 10:26. Those that flee to Christ from their sins shall be safe in him, but not those that expect to be sheltered by him in their sins. Salvation itself cannot save such: divine justice will fetch them even from the city of refuge, the protection of which they are not entitled to.
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Summary
Deuteronomy 19:4 meticulously defines the precise conditions under which an individual who has caused the death of another may seek refuge in the divinely appointed cities of asylum. This verse establishes the fundamental distinction between intentional murder and unintentional killing, outlining the criteria for protection: the absence of prior animosity or malicious intent on the part of the slayer. It underscores God's profound commitment to justice, tempered with mercy, by providing a legal framework that prevents indiscriminate blood vengeance and ensures due process for those involved in accidental homicide.
Context
Literary Context
Deuteronomy 19:4 is strategically positioned within a larger legal corpus (Deuteronomy 12-26) that constitutes Moses' detailed exposition of covenant laws for Israel's life in the promised land. Specifically, it immediately follows the general command to establish and expand the cities of refuge (Deuteronomy 19:1-3), serving as the foundational definition for their purpose. The verse precedes a concrete illustration of an accidental killing (Deuteronomy 19:5) and further elaborations on the necessity and administration of these cities (Deuteronomy 19:6-10). Crucially, it stands in stark contrast to the provisions for intentional murder, which are addressed with severe penalties in Deuteronomy 19:11-13. The broader literary context is Moses' farewell discourse to the second generation of Israelites, reiterating and applying the covenant stipulations before their entry into Canaan, emphasizing obedience and righteous living.
Historical & Cultural Context
The institution of cities of refuge must be understood against the backdrop of ancient Near Eastern legal practices, particularly the deeply ingrained custom of blood vengeance. In societies without centralized judicial systems, the responsibility for administering justice for a homicide often fell to the victim's closest male relative, known as the "avenger of blood" (Hebrew: go'el haddam). While intended to maintain order and deter crime, this system frequently led to escalating blood feuds, where even accidental deaths could trigger cycles of retaliatory violence. The divine provision of cities of refuge, first detailed in Numbers 35, was a revolutionary legal innovation designed to mitigate this inherent risk. It provided a sanctuary where an individual who had caused an unintentional death could flee for protection from the avenger, pending a fair trial by the city elders. This system ensured that justice was administered according to divine law, meticulously distinguishing between premeditated murder, which warranted the death penalty, and unintentional homicide, which required refuge and a period of exile until the death of the high priest.
Key Themes
Deuteronomy 19:4, within its broader context, illuminates several profound theological and narrative themes. Firstly, it underscores the sanctity of human life, a foundational principle throughout the Mosaic Law, emphasizing that all life is a sacred gift from God, and its taking, even accidentally, is a grave matter requiring specific legal and spiritual protocols. Secondly, it highlights the theme of divine justice tempered with mercy, showcasing God's design for a nuanced legal system that differentiates between intent and outcome, offering a pathway for protection and due process for those who cause harm without malicious intent. This reflects God's character as a righteous and compassionate judge, as seen in passages like Psalm 7:11. Thirdly, the principle of due process is paramount; the cities of refuge were not merely safe havens but judicial centers where a fair hearing could occur, ensuring judgment was based on evidence and intent, not just the immediate act. Finally, the distinction between intentional and unintentional acts is a pervasive theme in the Mosaic Law, evident in various sacrificial laws for unintentional sins (e.g., Leviticus 4), demonstrating God's meticulous concern for the heart and motive behind human actions.
Exposition and Analysis
Key Word Analysis
Translated as "case" in this verse, this versatile Hebrew word encompasses "word," "matter," "thing," or "affair." Here, it refers to the specific legal scenario or circumstance concerning the slayer. Its usage emphasizes the precise nature of the legal situation being defined, highlighting God's meticulous attention to detail in His laws.
Rendered as "slayer," this primitive root means "to dash in pieces" or "to kill," specifically referring to the killing of a human being. While it can denote murder, in the context of the cities of refuge, it refers to the one who has taken a life, with the subsequent clauses qualifying the act as unintentional. The law then distinguishes between a râtsach who acted with malice and one who acted without.
Though "ignorantly" in the KJV is a translation of a phrase involving this word, daʻath itself means "knowledge" or "understanding." When paired with a negative particle (as implied in the full Hebrew phrase for "ignorantly"), it conveys the sense of "without knowledge" or "unwittingly." This is crucial for defining unintentional homicide, indicating that the act was committed without conscious awareness of wrongdoing or premeditated intent to harm.
Verse Breakdown
"And this [is] the case of the slayer, which shall flee thither, that he may live:"
This opening clause introduces the specific legal provision for the "slayer," immediately linking their act to the need for refuge. The phrase "the case of the slayer" signifies the particular legal conditions under which protection is granted. The explicit purpose of fleeing "thither" (to the city of refuge) is "that he may live," underscoring the life-preserving function of these cities in a society where blood vengeance was a real and immediate threat.
"Whoso killeth his neighbour ignorantly,"
This is the core qualifying condition for asylum. It specifies that the killing must be accidental, unintentional, or by error. The Hebrew concept behind "ignorantly" (often bishgagah or a similar construction implying "without knowledge") is paramount here, fundamentally differentiating this act from deliberate murder. It implies a complete lack of malicious intent, premeditation, or a conscious desire to inflict harm on the part of the one causing death. The "neighbour" refers to any fellow Israelite, emphasizing the community-wide application of this law.
"whom he hated not in time past;"
This concluding phrase provides a critical safeguard against the abuse of the refuge system and further solidifies the unintentional nature of the killing. It is an idiomatic expression, literally meaning "did not hate him from yesterday and the day before," which emphatically rules out any prior animosity, grudge, or long-standing ill will between the slayer and the deceased. This ensures that the killing was indeed a tragic accident and not the culmination of a hidden motive or simmering hatred, thereby confirming the slayer's eligibility for protection.
Literary Devices
Deuteronomy 19:4 is a prime example of Legal Language, characteristic of the Deuteronomic code, designed to establish precise definitions and conditions for the application of divine law. The verse functions primarily as a Definition, clearly delineating the specific type of homicide that qualifies for refuge. There is an implicit Contrast with intentional murder, a distinction that is made explicit later in the chapter (Deuteronomy 19:11-13). The phrasing "whom he hated not in time past" employs a Negative Formulation to emphasize the absence of malice, a common legal technique to define a condition by what it is not. This also serves as a form of Exclusionary Language, specifying what kind of slayer is not eligible for protection if prior hatred existed. The overall structure of the verse is a concise Conditional Statement, setting forth the premise ("Whoso killeth his neighbour ignorantly, whom he hated not in time past") for the consequence ("shall flee thither, that he may live").
Theological and Thematic Connections
Deuteronomy 19:4 profoundly illustrates the multifaceted character of God, revealing Him as both perfectly just and abundantly merciful. It unveils a divine legal system that surpasses many contemporary ancient Near Eastern codes in its sophistication and humanity, demonstrating a meticulous concern for intent in matters of life and death. The crucial distinction between intentional murder and unintentional killing underscores the inherent sanctity of human life and the gravity of its taking, while simultaneously providing a pathway for mercy and protection for those who cause harm without malicious intent. This divine provision was a safeguard against the endless cycles of blood vengeance, promoting order, reconciliation, and true justice within the community. It teaches that God's justice is not merely retributive for an act but also discerning, carefully weighing the heart and purpose behind it, reflecting His own righteous judgment that considers all factors.
Reflection and Application
Deuteronomy 19:4 offers enduring principles for navigating justice, mercy, and the complexities of human relationships. It challenges us to cultivate a nuanced understanding of actions, recognizing the profound difference between accidental harm and deliberate malice. In our personal interactions, this means extending grace and understanding when others cause unintentional offense, rather than immediately assuming ill intent or seeking retribution. It calls us to be slow to anger and quick to forgive, remembering that even our own actions, despite good intentions, can sometimes cause unintended hurt. On a broader societal level, this verse underscores the importance of fair legal systems that distinguish between degrees of culpability, ensuring due process and providing avenues for rehabilitation or protection for those who err without malicious intent. It reminds us that a truly just society seeks not only to punish wrongdoing but also to uphold mercy and prevent cycles of vengeance, mirroring God's own balanced character.
Questions for Reflection
FAQ
What is the significance of "whom he hated not in time past" in defining the slayer's case?
The phrase "whom he hated not in time past" is critically significant because it serves as a definitive legal qualifier for distinguishing unintentional homicide (manslaughter) from premeditated murder. In ancient Israelite law, as in many legal systems, the intent of the perpetrator was paramount. If there was any evidence of prior animosity, a long-standing grudge, or a motive for murder, the killing would be deemed intentional, regardless of the immediate circumstances of the act. This would then disqualify the slayer from protection in a city of refuge and subject them to the death penalty, typically carried out by the avenger of blood. Therefore, this phrase confirms the absolute absence of mens rea (guilty mind or criminal intent) on the part of the slayer, ensuring that the protection of the city of refuge was reserved exclusively for those whose actions were truly accidental and devoid of malice. It highlights God's meticulous concern for true justice, which looks beyond the mere outcome to the underlying heart and intention, as also seen in laws concerning false witness in Deuteronomy 19:16-21.
Christ-Centered Fulfillment
Deuteronomy 19:4, in its provision for a "city of refuge," powerfully foreshadows the ultimate spiritual refuge found in Jesus Christ. Just as the ancient Israelite who unintentionally took a life could flee to a designated city to escape the avenger of blood and find safety, so too can humanity, guilty of sin (whether by commission or omission, often "ignorantly" in the sense of not fully grasping its devastating consequences or God's holiness), flee to Christ for salvation. While all sin is ultimately an offense against a holy God, and thus intentional in its rebellion against His will, Christ offers a refuge from the just wrath and penalty of sin—spiritual death. He is our true "city of refuge," the one to whom we "flee for refuge" (Hebrews 6:18) by faith, finding shelter from the divine avenger of sin. In Him, the ultimate justice of God is satisfied through His atoning sacrifice, and mercy is extended to all who believe. He provides not merely temporary protection but eternal life, freeing us from the condemnation of the law and ushering us into the kingdom of His beloved Son, where we find redemption and the forgiveness of sins (Colossians 1:13-14). Christ is the perfect sanctuary, offering not just a legal loophole but a transformative new life in Him, where there is "no condemnation for those who are in Christ Jesus" (Romans 8:1).