BIBLIOTHECA SACRA 103 (1946):
411-17
[Copyright © 1946 Dallas
Theological Seminary; cited with permission;
digitally prepared for use at
THE CITIES OF REFUGE
BY CHARLES LEE FEINBERG, TH.D., PH.D.
INTRODUCTION
The subject of the cities
of refuge in
tioned
prominently in the Pentateuch and the Book of Joshua,
as well as in 1 Chronicles, has received
scant attention at
the hands of investigators. Nicolsky1
claims that the prob-
lem of the refuge cities belongs to that
group of least investi-
gated subjects of the Old Testament. For
him it is one of
the few questions in the social history
of
the Bible offers definite, if not very
considerable, material.
Klein2 makes mention of
three specific treatments of the
subject. (1) In 1895 S. Ohlenberg
took the ground that
refuge cities may have existed in the
Biblical period. His
view was not well received by scholars.
(2) Hoffmann, in his
opposition to the Graf-Wellhausen
hypothesis, stated that
our original concepts in the matter were
correct, and brought
forth indications of the existence of Levitical cities in the
period of the first temple, with the
possibility of a few cities
for Levites during the time of the second
temple. This view
did not find general acceptance. (3) In
1930 Max Lohr
issued his article on "Asylwesen im Alten
Testament." He
sought after the historical foundations of
the cities of refuge,
and held that according to scientific
excavations in
Minor the concept of refuge prevailed
in eastern countries
a long while before the Israelites came
to
remnants of the primitive regulation are to be
found in the
books of the law. With regard to the six
refuge cities of
1"'Das Asylrecht in
schaft, 1930, p. 146. The article is a German
translation of the Russian original.
2 'The Cities of the Priests and the Levites and the
Cities of Refuge (in
Hebrew), 1934.
(411)
412 Bibliotheca
Sacra
Numbers and Joshua, he maintained that the context of the
passages may be of a later date, but that the
essence of the
tradition, insofar as it deals with the names
of the cities
and their functions, appears to be very
ancient and to have
historical basis. He placed the time of the
existence of these
cities in the reigns of David and Solomon.
He agreed with
Ohlenberg that the Levitical cities served as refuge cities.
The phrase Flqm yrf
is itself interesting. The only other
derivative from this root in the Old Testament is Fvlq in
Leviticus 22:23: "Either a bullock or a lamb that is pro-
longed [has anything, superfluous] or dwarfed, you may
offer for a freewill-offering; but for a vow it shall not be
accepted." It may mean a place of reception rather than
place of refuge, a place set apart for receiving fugitives.
Joshua 20:9 has hdfvmh yrf, the cities of appointment or ap-
pointed cities.
DENIAL OF THE EXISTENCE OF SUCH CITIES
There have not been lacking those who claim these cities
never existed, while others feel the matter is doubtful. Gray3
holds: "But this history is fictitious. Levitical
cities in the
meaning of the
law never existed; they were merely the
objects of
desire in certain circles. Like the strip of country
across the
centre of
for the
priests and Levites, these cities never passed out of
the realm of
theory into that of fact."
scholars, with
some plausibility, maintain that, besides those,
all the other Levitical cities, of which there were 44, many
of them seats
of ancient sanctuaries, possessed the right of
asylum in a
lower degree. Whether this system was ever
actually
introduced in its whole extent is doubtful. Neither
in the brief
years between Josiah's reform and the fall of
the Judaean kingdom nor after the restoration did
possess more
than a small part of the territory contem-
plated by
these laws."' Bissell quotes Bernhard Stade as
3 The Book of Numbers (the International
Critical Commentary Series),
p. 465.
4 ”Asylum" in Encyclopaedia Biblica, Vol. I, p. 378.
The Cities of Refuge 413
stating that
the asyla and the Levitical
cities are an abso-
lutely unhistorical phantasy (ein vollig unhistorisches Phan-
tasiestuck).5 Bissell himself tries to prove the
existence of
the cities
from a negative argument. Says he, "We may ask
how it could
happen, in the supposed absence of this regula-
tion, that there were in
blood-revenge
begat among the Arabs, and no such abuses of
the altar as
an asylum as we find among the Greeks and
Romans.”6
THE
BIBLICAL REFERENCES
The first mention of asylum in the Old Testament is
Exodus 21:13, 14. It reads: "And if a man lie
not in wait,
but God
deliver [his neighbor] into his hand; then I will
appoint you a
place whither he shall flee. But if a man come
presumptuously upon his neighbor to slay him with deceit;
you shall take
him from my altar, that he may die." The
passage cites
the instance of one who has unintentionally
slain another;
for such, a place is to be provided. But, on
the other
hand, if he came with presumption and guile and
slew another,
he is to be taken from the altar to die. In
Numbers 35:9-34 we have a more extended passage which
contains a
number of interesting details. Among other
features this
passage makes mention of the lxg. With this
word are bound
up the concepts of the right of redemption,
the practice
of levirate marriage, and the duty of blood-
revenge. With
the last only do we deal here. Blood revenge
prevailed as
an institution among early peoples of all races.7
Jacobson
notes that "the Arab is always in constant fear of
vengeance, for
no tribe is without its hereditary blood feud.
. . . There
is evidence that blood revenge is a universal cus-
tom among all primitive groups."' It is found among nations
not at all
related to the Hebrews or the Arabs. Blood revenge
5 The Law of Asylum in
6 Op. cit., p. 73.
7 A. P. Bissell, op. cit.,
p. 50.
8 The
Social Background of the Old Testament (1942), p. 250.
414 Bibliotheca
Sacra
rests on the
basis that one who has willfully taken another's
life has
forfeited his own. The nearest relative of the mur-
dered person immediately becomes the avenger of the family
right. Bissell
observes that "the Hebrew idea of God and
of man's
relation to him gave a peculiar form and force to
this
institution among them. Man is God's image. God is
the Creator,
and consequently the Lord of human life. A
blow at this
life is a blow at God himself.”9 Blood revenge
becomes a
religious duty, not merely a matter of honor.10
God is also
considered a blood relation, hence He is a
lxg, Genesis 9:5 and 2 Kings 9:7, 26 (He
avenges murder;
He avenges
His servants the prophets).
Numbers 35:12 makes mention of hdfh. What is
the
meaning of this term?
community of the post-exilic
Gray holds that it is not clearly known of what the hdf
consisted. Nicolsky gives us a more extended
treatment of
the word. He claims that the hdf in the Book of Numbers
must have had the right to demand the deliverance of the
culprit to them and must have possessed judicial and police
power to carry out its full authority. He thinks the hdf
not the community of the asylum (Baentsch), nor that
of
the manslayer (Weismann), because in the Bible the
com-
munity of a city is never so designated. In
pre-exilic times
the term was seldom used and that in a special sense--of
the general gathering of feudal dignitaries at special occa-
sions, like the choice of a king (1 Kings 12:20), the
dedica-
tion of the new temple (1 Kings 8:5); in the
so-called Priest
Code the expression means at one time the whole community
(Gemeinschaft) of
Israel, at another time a general assembly
(die allgemeine
Versammlung) of all the children of Israel.
In the period of the monarchy, he contends, it was not cus-
tomary to convene general gatherings, but it is applicable
in
the nomadic period. It is possible that such mentions of the
congregation as in Judges 20:1 and 21:10, 13 (the conflict
9 Op. cit., p. 51.
10
Instances in the Bible of blood revenge are to he found in 2 Samuel
The Cities of Refuge 415
with the tribe
of Benjamin) reach back to the earliest period
of the use of
the expression." In what sense is it to be taken
in our case?
Is it a survival from an earlier usage when the
conflict between
manslayer and blood avenger was settled at
a tribal
gathering, or do we have merely a project for the
further
restriction of the right of blood revenge and a regu-
lation of the law of asylum, which provides in general form
the
arrangement of a central legal authority which was to
be instituted
after the restoration (that is, in post-exilic
times) for the
decision of a whole series of law-suits? Un-
doubtedly, in the latter sense, says Nicolsky.
In the period
of the
monarchy the hdf was employed to speak of a feudal
assembly for
the determination of constitutional questions.
He thinks
that so private and insignificant a business as
murder would
not belong to the sphere of this body. In the
last analysis
the hdf is part of a plan which could hardly
have been put
into effect, because the community of the
second temple
knew no hdf as a permanent judicial and ad-
ministrative authority. The Sanhedrin served this purpose.
Indeed, Nicolsky asks whether all the regulations of Numbers
35 (with the
possible exception of verse 15) are not to be
taken as
projects, which never saw actuality. His conclusion
is that they
are all projects or plans which remained only
on paper.
Gray finds that the law recorded in
Numbers modified
previous custom in three ways:12 1. Life is to be taken only
in case of wilful murder. Distinction is made between
acci-
dental and intentional homicide. No such distinction, he
claims, was made before this; loss of life had to be compen-
sated for in kind. Evidence of intention, which marked the
difference between murder and manslaughter, came from
(a) the nature of the instrument causing death and (b) the
previous feelings between the two parties involved. 2. By
implication the law holds that the life of the murderer
alone is forfeit. Previously any member of the family could be
11 N. M. Nicolsky, op. cit., p. 165.
12 Op. cit., pp. 464-476.
416 Bibliotheca
Sacra
held liable. Cf. 2 Samuel 21:1 ff. (the
case of Saul and the
Gibeonites). 3. A forfeited life cannot be bought by
money
(bloodwit). The payment of a rpk (ransom) is allowed only
in the case of death by the goring of an ox (Exod.
The legislation in Numbers 35:25
stipulates that the man-
slayer must remain in the city of refuge until the death
of the high priest, after which he may return to his former
home. There are those who think the death of the high
priest marked the end of a legal period of limitation;13
that
is, "The accession of the new High Priest, like the accession
of a new sovereign, was regarded as the beginning of a new
era, into which many of the legal penalties incurred in the
preceding period did not reach."14 Morgenstern thinks the
death of the high priest was regarded as a substitute for the
death of the manslayer himself.15 Nicolsky,
discussing this
feature of our subject at greater length, comes to the same
conclusion as Morgenstern. He asks how the land could be
cleansed (since any shedding of blood polluted the land, Num.
35:33) of the blood spilt by the involuntary manslayer. The
only natural answer is: a bloody, vicarious sacrifice must be
brought, just as in the case of the one found dead in the
field, slain by an unknown hand (Deut. 21:1-9). The view
taken is that a vicarious human sacrifice was also possible,
as in the case of Jonathan in 1 Samuel 14:45. He argues
from the close bond between high priest and people (Lev.
4:3, 12, 13-21) that the uncleanness of the land, caused by
the manslayer, is cleansed by the premature (vorzeitig) death
of the high priest, who is responsible to God for the sins of
the people." He cites the tradition of Rabbi Judah who told of
the material support of the manslayer by the mother of
the high priest, so that the manslayer might not pray for
13 J. D. Prince, "Avenger
of Blood" in The Jewish Encyclopedia,
Vol. II, p. 345.
14 A. P. Bissell, op. cit., p. 67.
15 The Book of the
Covenant III" in the
Vol. VIII-IX (1931-32), p. 87.
16 Op. cit., p. 170.
The Cities of Refuge 417
the death of the high priest. His
conclusion is: "The Deity
is not converted into a, even if but temporary, protector of
recognized criminals, but he punishes in a
peculiar way even
the involuntary manslayer. Death for a
death; and if the
manslayer does not die, then another dies for
him--the priest
consecrated to the Deity, while he simultaneously
liberates
the physical author of the bloodshed.”17
(To be concluded in the January-March Number, 1947)
17 Op. cit., p. 175.
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