Midrasch zu Bamidbar 35:9

(Numb. 35:9–11:) AND THE LORD SPOKE <UNTO MOSES, SAYING>: SPEAK UNTO THE CHILDREN OF ISRAEL, <AND SAY UNTO THEM:> WHEN YOU CROSS <THE JORDAN TO THE LAND OF CANAAN, YOU SHALL PROVIDE YOURSELVES WITH CITIES TO BE CITIES OF REFUGE, WHERE A KILLER MAY FLEE WHO HAS TAKEN A LIFE BY MISTAKE>. This text is related (to Ps. 25:8): THE LORD IS GOOD AND STRAIGHTFORWARD; THEREFORE HE INSTRUCTS SINNERS IN THE WAY. (Ibid., vs. 6:) BE MINDFUL OF YOUR MERCIES, O LORD, AND OF YOUR STEADFAST LOVE…. David said to the Holy One, Sovereign of the Universe, were it not for your mercies, which took precedence for the first Adam, he would not have survived.³¹Tanh., Numb. 10:11; Numb. R. 23:13. Although you said to him (in Gen. 2:17): FOR ON THE DAY THAT YOU EAT FROM IT, YOU SHALL SURELY DIE, you did not act in that way. Instead you excluded him from the Garden of Eden, as stated (in Gen. 3:24): SO HE DROVE OUT THE HUMAN. So why was he driven out? Because he had brought death to <all future> generations, he should have died immediately; but because you were merciful to him, you <simply> drove him out. It is the same with one who kills by mistake, when he goes into exile into the cities of refuge. It is therefore stated (in Ps. 25:6): BE MINDFUL OF YOUR MERCIES, O LORD, AND OF YOUR STEADFAST LOVE,…. When Moses arose, the Holy One said to him (in Numb. 35:11): YOU SHALL PROVIDE YOURSELVES WITH CITIES <TO BE CITIES OF REFUGE>,…. Moses said: Sovereign of the Universe, when someone takes a life by mistake in the South or in the North, how will he know where the cities of refuge are, to which he should flee? He said to him (in Deut. 19:3): YOU YOURSELF SHALL PREPARE (rt.: TKN) THE ROAD (derekh). You yourself shall make the roads <to these cities> straight (rt.: TKN), so that <anyone fleeing to them> will not go astray for the blood avenger to find him and kill him, WHEN (according to vs. 6) HE DID NOT INCUR THE DEATH PENALTY. He said to him: How? He said to him: Erect road markers³²stelai; Lat.: stelae. directing (rt.: TKN) <such a refugee> to the cities of refuge, so that he will know how to go there; and on every marker inscribe: <Involuntary> killers to the cities of refuge, as stated (in Deut. 19:3): YOU YOURSELF SHALL PREPARE (rt.: TKN) THE ROAD (derekh)…. Thus David has said (in Ps. 25:8): THE LORD IS GOOD AND STRAIGHTFORWARD; THEREFORE HE INSTRUCTS SINNERS IN THE WAY (derekh). <Now> if for killers he has made a way and a road (derekh; rt.: DRK for them to flee and escape death), how much the more so in the case of the righteous. (Ps. 25:9:) HE LEADS (rt.: DRK) THE LOWLY IN THE RIGHT PATH.

(Numb. 35:9–11:) “And the Lord spoke [unto Moses, saying], ‘Speak unto the Children of Israel, and say unto them, “When you cross the Jordan to the Land of Canaan, you shall provide yourselves with cities [to be cities of refuge, where a killer may flee who has taken a life by mistake].”’” This text is related (to Ps. 25:8), “The Lord is good and straightforward; therefore He instructs sinners in the way.” (Ibid., vs. 6:) “Be mindful of Your mercies, O Lord, and of Your steadfast love.” David said to the Holy One, blessed be He, “Master of the world, were it not for Your mercies, which took precedence for the first Adam, he would not have survived.³¹Numb. R. 23:13. Although You said to him (in Gen. 2:17), ‘For on the day that you eat from it, you shall surely die,’ You did not act in that way. Instead You excluded him from the Garden of Eden, as stated (in Gen. 3:24), ‘So he drove out the man.’ So why was he driven out? Because he had brought death to [all future] generations. He should have died immediately; but because You were merciful to him, You [simply] drove him out. It is the same with one who kills by mistake, when he goes into exile into the cities of refuge.” It is therefore stated (in Ps. 25:6), “Be mindful of Your mercies, O Lord, and of Your steadfast love….” When Moses arose, the Holy One, blessed be He, said to [him] (in Numb. 35:11), “You shall provide yourselves with cities [to be cities of refuge].” Moses said, “Master of the world, when someone takes a life by mistake in the south or in the north, how will he know where the cities of refuge are, that he should flee to it?” He said to him (in Deut. 19:3), “’You yourself shall prepare (rt.: tkn) the road (derekh).’ You yourself shall make the roads [to these cities] straight (rt.: tkn), so that [anyone fleeing to them] will not go astray for the blood avenger to find him and kill him, when (according to Deut 19:6) ‘he did not incur the death penalty.’” He said to him, “How?” He said to him, “Erect road markers³²stelai; Lat.: stelae. directing (rt.: tkn) [such a refugee] to the cities of refuge, so that he will know how to go there; and on every marker inscribe, ‘[Involuntary] killers to the cities of refuge,’ as stated (in Deut. 19:3), ‘You yourself shall prepare (rt.: tkn) the road (derekh).’” Thus David has said (in Ps. 25:8), “The Lord is good and straightforward; therefore He instructs sinners in the way (derekh).” [Now] if for killers He has made a way and a road (derekh; rt.: drk), for them to flee and escape death), how much the more so in the case of the righteous. (Ps. 25:9:) “He leads (rt.: drk) the lowly in justice.”

(Bamidbar 35:9-10) "And the L-rd spoke to Moses, saying: Speak to the children of Israel … When you cross the Jordan, etc.": What is the intent of this section (on the cities of refuge)? From (Devarim 4:41) "Then Moses set aside three cities on the east side of the Jordan," we know only of these. Whence is it derived that Moses commanded Joshua to set aside cities of refuge (on the other side)? From (Bamidbar 35:11) "then you shall designate cities for yourselves." Scripture speaks of (the time) after inheritance and settlement. — But perhaps, upon their entry to the land? It is, therefore, written (Devarim 12:29) "When the L-rd your G-d has cut down the nations, etc." Scripture speaks of (the time after inheritance and settlement). (Bamidbar 35:10) "When you cross the Jordan to the land of Canaan": From here R. Yonathan derived: The Jordan is not part of the land of Canaan. R. Shimon b. Yochai says (Ibid. 26:3) "at the Jordan. Jericho": Just as Jericho is part of Canaan, so is Jordan. (Ibid. 35:11) "Then you shall call out cities (arim) for yourselves." "Calling out" connotes "designation." "cities": I might think, large cities; it is, therefore, written "arim" (connoting small cities). If so, I might think villages. It is, therefore, written "arim." How was this implemented in effect? They were of such size as to have markets and a food store. "And there shall flee there a slayer": I might think, any slayer. It is, therefore, written "a slayer, one who smites a soul unwittingly." If "one who smites a soul," I would think, even one who wounds his father and mother (unwittingly, viz. Shemot 21:15). It is, therefore, written "a slayer, one who smites a soul," Scripture hereby excluding from exile one who (unwittingly) wounds his father and mother.