Numbers 35:16

_AND IF HE SMITE HIM WITH AN INSTRUMENT OF IRON, SO THAT HE DIE, HE IS A MURDERER: THE MURDERER SHALL SURELY BE PUT TO DEATH._ If he smite him ... Various cases are here enumerated in which the Goel or avenger was at liberty to take the life of the murderer; and every one of them proves a premeditated purpose. In every case where a refugee was convicted of having perpetrated deliberate murder, he was doomed to suffer death, without redemption or commutation. No sanctuary could protect him; because even though he took hold of the horns of the altar, he might be torn from that sacred place, and be surrendered to justice (Exodus 21:14; 1 Kings 2:28)....

16._And if he smite him with an instrument of iron_. God appears to contradict Himself, when, a little further on, He absolves involuntary murderers, although they may have inflicted the wound with iron or with a stone; whilst here He absolutely declares that whosoever shall smite another with wood, or iron, or a stone, shall be guilty of death; but this is easily explained if we consider his meaning; for, after having pardoned the unintentional act (_errori_,) lest (53) any should misconstrue this as affording impunity for crime, He at once anticipates them, and again inculcates what has been said before. By the express mention of iron, wood, and stone, He more dearly explains that no voluntary murders are to be pardoned; else, as laws are wont to be evaded by various subtleties, they would have endeavored, perhaps, to limit what had been said respecting the punishment of murderers to o...

9-34 To show plainly the abhorrence of murder, and to provide the more effectually for the punishment of the murderer, the nearest relation of the deceased, under the title of avenger of blood, (or the redeemer of blood,) in notorious cases, might pursue, and execute vengeance. A distinction is made, not between sudden anger and malice aforethought, both which are the crime of murder; but between intentionally striking a man with any weapon likely to cause death, and an unintentional blow. In the latter case alone, the city of refuge afforded protection. Murder in all its forms, and under all disguises, pollutes a land. Alas! that so many murders, under the name of duels, prize-fights, c. should pass unpunished. There were six cities of refuge one or other might be reached in less than a day's journey from any part of the land. To these, man-slayers might flee for refuge, and be safe, t...

The sense is: Inasmuch as to take another man’s life by any means whatsoever is murder, and exposes the murderer to the penalty of retaliation; so, if the deed is done in hostility, it is in truth actual murder, and the murderer shall be slain; but if it be not done in hostility, then the congregation shall interpose to stop the avenger’s hand. Numbers 35:19 WHEN HE MEETETH HIM - Provided, of course, it were without a city of refuge. Numbers 35:24 The case of the innocent slayer is here contemplated. In a doubtful case there would necessarily have to be a judicial decision as to the guilt or innocence of the person who claimed the right of asylum....

AND IF HE SMITE HIM WITH AN INSTRUMENT OF IRON, SO THAT HE DIE,.... As with an hatchet, hammer, sword, knife, c. HE IS A MURDERER the instrument used by him, and with which he smote, shows that he had a bad design, and intended to kill, or he would never have smitten a man with such an instrument: THE MURDERER SHALL SURELY BE PUT TO DEATH; be condemned to death, and be executed, by the order of the civil magistrate, according to the law in Genesis 9:6 and not be allowed the benefit of a city of refuge....

11. THE CITIES OF REFUGE CHAPTER 35 _ 1. The provision of the Levites: Forty-eight cities (Numbers 35:1)_ 2. The cities of refuge (Numbers 35:9) The cities of the Levites were scattered through the land. Genesis 49:7 is therefore fulfilled. The provision of cities for refuge is full of interest. The careful study of the purpose of these cities is recommended. Note especially that they were provided to give shelter for those who had killed a person unawares. The avenger of blood (Hebrew: _goel, which means to redeem) pursued the person and the city of refuge gave shelter. The death of the high priest resulted in liberty for all who were in the cities of refuge. It was the signal that they could

CONDITIONS LIMITING THE PRIVILEGE OF SANCTUARY. Anciently the holiness of a sanctuary extended to all who came in contact with it, so that the right of asylum was liable to be abused; but by this law protection at a city of refuge was to be refused to those homicides who in the judgment of the community, on the evidence of two witnesses, were guilty of murder, as inferred from (_a)_ the existence of previous enmity or evidence of premeditation, (_b)_ the use of a murderous weapon. Those who were guilty of manslaughter only (see Deuteronomy 19:4 f.) were safe within the city during the lifetime of the high priest: after his death they ceased to be liable to vengeance. Though the law promoted justice by discriminating between the intentional and the unintentional homicide, it still left the punishment of the former to private revenge instead of committing it to the community.

_The -Cities of Refuge,"_and the _Law relating to homicide_ In Numbers 35:9 the appointment of the six cities and their purpose are prescribed; Numbers 35:16 contain specimen cases distinguishing deliberate murder from accidental homicide; Numbers 35:24 provide the legal procedure; Numbers 35:29 form a conclusion. The section presents the latest development in the O.T. of the Law of Asylum. In early days (Exodus 21:13 f. E) an appointed place was provided, to which the manslayer might flee, i.e. an altar, which would be within easy reach

IF HE SMITE HIM WITH AN INSTRUMENT OF IRON, &C.— It appears from these verses, that it made no difference with what kind of weapon the man was killed; if he was killed wittingly and knowingly, this was adjudged murder, and the guilty person was to die for it. For though, perhaps, he had no formed intention to kill the person; yet he ought to have moderated his passion, and could not be ignorant that such an instrument was capable of inflicting a deadly wound....

F. LAWS OF HOMICIDE vv. 16-34 TEXT Numbers 35:16. And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death. 17. And if he smite him with throwing a stone, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death. 18. Or if he smite him with a hand weapon of wood, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death. 19. The revenger of blood himself shall slay the murderer: when he meeteth him, he shall slay him. 20. But if he thrust him of hatred, or hurl at him by laying of wait, then he die; 21. Or in enmity smite him with his hand, that he die: he that smote him shall surely be put to death; for he is a murderer: the revenger of blood shall slay the murderer, when he meeteth him. 22. But if he thrust him suddenly without enmity, or hav