Page:Keil and Delitzsch,Biblical commentary the old testament the pentateuch, trad James Martin, volume 1, 1885.djvu/1291

 19]], Num 35:21, Num 35:24.; Deu 19:6, Deu 19:12). From 2Sa 14:7, we may see that it was the duty of the whole family to take care that blood-revenge was carried out. The performance of the duty itself, however, was probably regulated by the closeness of the relationship, and corresponded to the duty of redeeming from bondage (Lev 25:49), and to the right of inheritance (Num 27:8.). What standing before the congregation was to consist of, is defined more fully in what follows (Num 35:24, Num 35:25). If we compare with this Jos 20:4., the manslayer, who fled from the avenger of blood into a free city, was to stand before the gates of the city, and state his cause before the elders. They were then to receive him into the city, and give him a place that he might dwell among them, and were not to deliver him up to the avenger of blood till he had stood before the congregation for judgment. Consequently, if the slayer of a man presented himself with the request to be received, the elders of the free city had to make a provisional inquiry into his case, to decide whether they should grant him protection in the city; and then if the avenger of blood appeared, they were not to deliver up the person whom they had received, but to hand him over, on the charge of the avenger of blood, to the congregation to whom he belonged, or among whom the act had taken place, that they might investigate the case, and judge whether the deed itself was wilful or accidental.

verses 16-18
Special instructions are given in Num 35:16-28, with reference to the judicial procedure. First of all (Num 35:16-21), with regard to qualified slaying or murder. If any person has struck another with an iron instrument (an axe, hatchet, hammer, etc.), or “with a stone of the hand, from which one dies,” i.e., with a stone which filled the hand, - a large stone, therefore, with which it was possible to kill, - or “with a wooden instrument of the hand, from which one dies,” i.e., with a thick club, or a large, strong wooden instrument, and he then died (so that he died in consequence), he was a murderer, who was to be put to death. “For the suspicion would rest upon any one who had used an instrument, that endangered life and therefore was not generally used in striking, that he had intended to take life away” (Knobel).

Verse 19
The avenger of blood could put him to death, when he hit upon him, i.e., whenever and wherever he met with him.

verses 20-23
And so also the man who hit another in hatred, or threw at him by lying in wait, or struck him with the hand in enmity, so that he died. And if a murderer of this kind fled into a free city, the elders of his city were to have him fetched