Exodus 21:13

Manslaughter, and the right of asylum. The distinction, not found in Homer, but thus early drawn among the Hebrews, between intentional and unintentional homicide is noteworthy: it is insisted on in all the codes (Deuteronomy 19:1-13; Numbers 35:9-34 P).

lie… in wait 1 Samuel 24:11 (RVm.)†: cf. the derivative, -with lying in wait" (i.e. with malicious intent), in P's law of homicide, Numbers 35:20; Numbers 35:22 (-without")†. In Dt. and D 2 [187] the idea of -unintentional" is expressed by unawares(lit. without knowledge), Deuteronomy 4:42; Deuteronomy 19:4; Joshua 20:3; Joshua 20:5; P says unwittingly(lit. in error), Numbers 35:11; Numbers 35:15; Joshua 20:3; Joshua 20:9.

[187] Deuteronomic passages in Josh., Jud., Kings.

deliver in the Heb. a rare word, meaning properly, as Arabic shews, bring opportunely(cf. the derivative opportunity, Judges 14:4). The meaning of the clause is (as we should express it), if he kills him accidentally. Cf. Ḥamm. § 249 -if God have struck it (a hired ox), and it die," 266 -a stroke of God" (killing a sheep), below, p. 423.

a place whither he shall flee i.e. an asylum where he may be safe from the avenger of blood. V.14, which speaks of the fugitive as having taken refuge at an altar, shews that the place meant can only be the sacred place at which the altar stood. In the later legislation of Dt. (Deuteronomy 19:1-13) fixed cities are appointed for the purpose and regulations for their use are laid down. The technical term, -cities of refuge," first occurs in P (Numbers 35:6; Numbers 35:11 ff.). In ancient times -the right of asylum was possessed by different sanctuaries in various degrees, depending on prescription, the holiness of the place, and other circumstances; it sometimes extended to an entire city, or even to a mark beyond its walls.… In the Greek period, and later (under Roman rule), many Hellenistic cities in Syria enjoyed the privileges of asylums, the title ἄσυλος appearing on their coins" (Moore, in EB.Asylum). Cf. Rel. Sem.148. Moslems, adhering to the tradition of heathen times, treat tombs, esp. those of ancestors, notabilities, and saints, as asylums.