Le Deutéronome 19:6 Midrash : Midrash Tanchuma, Kohelet Rabbah, Bamidbar Rabbah & Sifrei Devarim

(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.”

“I have spoken with my heart, saying: Behold, I have amassed and added wisdom, beyond all who were before me over Jerusalem; my heart has seen much wisdom and knowledge” (Ecclesiastes 1:16).
“I have spoken with my heart” – the hearts sees, as it is stated: “My heart has seen much.” The heart hears, as it is stated; “Give your servant an understanding [shome’a]¹²⁰Literally, hearing. heart” (I Kings 3:9). The heart speaks, as it is stated: “I have spoken with my heart.” The heart goes, as it is stated: “Didn’t my heart go?” (II Kings 5:26). The heart falls, as it is stated: “Let no man’s heart fall” (I Samuel 17:32). The heart stands, as it is stated: “Will your heart endure [haya’amod]”¹²¹Literally, stand. (Ezekiel 22:14). The heart rejoices, as it is stated: “Therefore, my heart rejoices” (Psalms 16:9). The heart cries out, as it is stated: Their heart cried out to the Lord” (Lamentations 2:18). The heart is consoled, as it is stated: “Speak to the heart of Jerusalem” (Isaiah 40:2).¹²²This verse is preceded by: “Console, console My people, says your God.” The heart grieves, as it is stated: “Your heart shall not be grieved” (Deuteronomy 15:10). The heart hardens, as it is stated: “The Lord hardened Pharaoh’s heart” (Exodus 9:12). The heart softens [mitrakekh], as it is stated: “Let your heart not be faint” (Deuteronomy 20:3). The heart is saddened, as it is stated: “He was saddened in His heart” (Genesis 6:6). The heart fears, as it is stated: “From the fear of your heart” (Deuteronomy 28:67). The heart breaks, as it is stated: “A broken and contrite heart” (Psalms 51:19). The heart becomes conceited, as it is stated: “Your heart will grow haughty” (Deuteronomy 8:14). The heart is recalcitrant, as it is stated: “But this people had a revolting and rebellious heart” (Jeremiah 5:23). The heart fabricates, as it is stated: “The month that he fabricated from his heart” (I Kings 12:33). The heart contemplates,¹²³Matters of stupidity as it is stated: “[I will have peace] though I walk in the stubbornness of my heart” (Deuteronomy 29:18). The heart overflows, as it is stated: “My heart overflows with goodly matter” (Psalms 45:2). The heart calculates [meḥashev], as it is stated: “Many are the thoughts [maḥshavot] in the heart of man” (Proverbs 19:21). The heart desires, as it is stated: “The desire of his heart You have granted him” (Psalms 21:3). The heart deviates, as it is stated: “Let your heart not turn aside to her ways” (Proverbs 7:25). The heart strays, as it is stated: “You shall not follow after your heart…[after which you stray]” (Numbers 15:39). The heart is sustained, as it is stated: “And sustain your heart” (Genesis 18:5). The heart is stolen, as it is stated: “Jacob stole the heart of Laban” (Genesis 31:20). The heart is humbled, as it is stated: “Perhaps then their hearts will be humbled” (Leviticus 26:41). The heart is enticed, as it is stated: “He spoke soothingly¹²⁴Literally, “to the heart.” Shekhem was speaking to Dina and attempting to entice her to marry him. to the young woman” (Genesis 34:3). The heart goes astray, as it is stated: “My heart has gone astray” (Isaiah 21:4). The heart trembles, as it is stated: “For his heart was trembling” (I Samuel 4:13). The heart awakens, as it is stated: “I am asleep but my heart is awake” (Song of Songs 5:2). The heart loves, as it is stated: “You shall love the Lord your God with all your heart” (Deuteronomy 6:5). The heart hates, as it is stated: “Do not hate your brother in your heart” (Leviticus 19:17). The heart envies, as it is stated: “Let your heart not envy…” (Proverbs 23:17). The heart is searched, as it is stated: “I the Lord search the heart…” (Jeremiah 17:10). The heart is rent, as it is stated: “Rend your heart and not your garments” (Joel 2:13). The heart meditates, as it is stated: “The meditation of my heart will be understanding” (Psalms 49:4). The heart is like fire, as it is stated: “My heart will be like fire” (Jeremiah 20:9). The heart is like stone, as it is stated: “I will remove the heart of stone” (Ezekiel 36:26). The heart repents, as it is stated: “Who returned to the Lord with all his heart” (II Kings 23:25). The heart is incensed, as it is stated: “For his heart is incensed” (Deuteronomy 19:6). The heart dies, as it is stated: “His heart died within him” (I Samuel 25:37). The heart melts, as it is stated “The heart of the people melted” (Joshua 7:5). The heart absorbs matters, as it is stated: “These matters that I command you today shall be upon your heart” (Deuteronomy 6:6). The heart absorbs fear, as it is stated: “I will place My fear in their hearts” (Jeremiah 32:40). The heart thanks, as it is stated: “I will thank my Lord with all my heart” (Psalms 111:1). The heart covets, as it is stated: “Do not covet her beauty in your heart” (Proverbs 6:25). The heart is toughened, as it is stated: “And one who toughens his heart” (Proverbs 28:14). The heart becomes merry, as it is stated: “It was when their hearts were merry” (Judges 16:25). The heart deceives, as it is stated: “Deceit is in the heart of those who devise evil” (Proverbs 12:20). The heart speaks from within, as it is stated: “Hannah was speaking in her heart” (I Samuel 1:13). The heart loves a bribe, as it is stated: “Your eyes and your heart [are only on your ill-gotten gain]” (Jeremiah 22:17). The heart writes matters, as it is stated: “Write them on the tablet of your heart” (Proverbs 3:3). The heart devises, as it is stated: “Duplicity is in his heart, he devises evil” (Proverbs 6:14). The heart absorbs mitzvot, as it is stated: “The wise of heart will grasp mitzvot (Proverbs 10:8). The heart acts with malice, as it is stated: “The malice of your heart deceived you” (Obadiah 1:3). The heart arranges, as it is stated: “To a person are the arrangements of the heart” (Proverbs 16:1). The heart glorifies, as it is stated: “Your heart has glorified you” (II Chronicles 25:19). That is, “I have spoken with my heart, saying: Behold, I have amassed…”

“You shall designate cities for you, cities of refuge they shall be for you, and the murderer who smites a person unwittingly shall flee there” (Numbers 35:11).
“You shall designate cities for you” – this is what the verse said: “Good and upright is the Lord; therefore, He instructs sinners on the way” (Psalms 25:8). “Remember Your mercy, Lord, and Your kindnesses, [for they are eternal]” (Psalms 25:6) – David said: Master of the universe, had it not been for Your kindnesses that preceded Adam the first man, he would not have survived, as it is stated: “For on the day that you eat of it you will die” (Genesis 2:17). But You did not do so to him, but rather, You took him out of the Garden of Eden, and he lived nine hundred and thirty years, and then he died. What did You do to him? You banished him from the Garden of Eden, as it is stated: “He banished the man”’ (Genesis 3:24). Why was he banished? It is because he brought death upon the generations. He incurred liability to die immediately, but You had mercy upon him and banished him in the manner of the unwitting murderer, who is exiled from his place to the cities of refuge. That is why it is stated: “Remember Your mercy, Lord, and Your kindnesses [for they are eternal].”
When Moses stood and the Holy One blessed be He said to him: “You shall designate cities for you,” Moses said: ‘Master of the universe, one who unwittingly killed a person in the north or in the south, from where does he know where the cities of refuge are so he could flee there?’ He said to him: ‘“Prepare the way for you” (Deuteronomy 19:3) – direct the way for you, so that they will not be mistaken and the blood redeemer will find him and kill him; “there is no death sentence for him”’ (Deuteronomy 19:6). He said to Him: ‘How?’ He said to him: ‘Position stone markers directing to the cities of refuge so he will know how to go there. On each marker, inscribe on it: Murderer, to the city of refuge,’ as it is stated: “Prepare the way for you.” That is why it is stated: “Good and upright is the Lord; therefore, He instructs sinners on the way” (Psalms 25:8). If for murderers he made a path and a way for them to flee and be saved, for the righteous, all the more so: “He guides the humble with justice, and He teaches the humble His way” (Psalms 25:9).
“And the murderer who smites a person unwittingly shall flee there” – but not intentionally. If one kills intentionally and says: I killed unwittingly, and flees to cities of refuge, the Holy One blessed be He said: Even if he flees and enters upon My altar, kill him, as it is stated: “If a man acts intentionally against his neighbor [to kill him…you shall take him from My altar to die]” (Exodus 21:14). Who was it who fled to the altar and was killed? It was Yoav, as it is stated: “The tidings came to Yoav…[Yoav fled] to the Tent of the Lord [and grasped the corners of the altar]” (I Kings 2:28). And it says: “A Taḥkemonite, head of the officers” (II Samuel 23:8).¹⁷A reference to Yoav, indicating that he was wise, as Taḥkemonite is an expression of wisdom [ḥokhma]. Did he not know that it is written in the Torah: “If a man acts intentionally against his neighbor…” that he went and grasped the corners of the altar? Rather, he said: Those executed by the court are not buried in the graves of their ancestors, but rather by themselves. It is preferable for me that I die here and be buried in the graves of my ancestors. “Benayahu brought back word to the king, saying: So said Yoav.… The king said to him: Do as he said: Strike him down, and bury him, and remove the innocent blood that Yoav shed from upon me and from upon my father’s house” (I Kings 2:30–31).
Why was he killed? It is because David his father commanded him so: “You too know what Yoav son of Tzeruya did to me, what he did to the two commanders of the armies of Israel, to Avner son of Ner and to Amasa son of Yeter; he killed them” (I Kings 2:5). What did he do to him?¹⁸What did Yoav do to David? You find when David wrote to Yoav: “Place Uriya at the front of the fierce battle, and retreat from behind him, and he will be smitten and die” (II Samuel 11:15); he [Yoav] did so and he died. All the heads of the army gathered around Yoav to kill him, as he [Uriya] had been the head of the mighty, as it is written in his regard: “Uriya the Hittite. Thirty-seven in all” (II Samuel 23:39). He showed them the letter. That is why it is written: “What Yoav son of Tzeruya did to me.” “What he did …[ to Avner son of Ner… he killed them]”: All of Israel thought that David had commanded to kill him¹⁹Avner son of Ner. because Avner was the son of Saul’s uncle. That is why it is written: “May there not be eliminated from the house of Yoav one who suffers from discharge [zav] or a leper” (II Samuel 3:29). David stood and cursed Yoav, and all Israel knew that it²⁰The decision to kill Avner. had not been from David, and they reconciled.²¹David and the tribes of Israel reconciled.
He commanded his son Solomon to kill him, as Yoav was the son of David’s sister and he [David] sought to ensure his entry into the World to Come.²²Yoav's death at the hands of Solomon would serve to atone for his sin of killing Avner. When Solomon sought to kill him, Yoav said to Benayahu: ‘Go and say to Solomon: Do not sentence me to two sentences; if you kill me, remove the curses that your father David cursed me from upon me. If not, leave me with the curses.’ Immediately, “the king said to him: Do as he said: Strike him down and bury him” (I Kings 2:30–31).
Rabbi Yehuda said: All the curses that David cursed Yoav were fulfilled in David’s descendants. “Zav” – on Reḥavam son of Solomon, as it is stated: “King Reḥavam hastened to mount the chariot [hamerkava]” (I Kings 12:18), and it is written regarding the zav: “Any saddle [hamerkav] on which the zav will ride will be impure” (Leviticus 15:9). “Leper” – on Uziyahu, as it is stated: “King Uziyahu was a leper until the day of his death. He lived in the isolation house” (II Chronicles 26:21). “Leaners on crutches” (II Samuel 3:29) – on Asa, as it is written: “However, in his old age he ailed in his feet” (I Kings 15:23) – he suffered from gout. “One who falls by the sword” (II Samuel 3:29) – on Josiah, as it is stated: “The archers shot King Josiah” (II Chronicles 35:23). Rav Yehuda said that Rav said: They stabbed him with iron spears until they rendered him like a sieve. “One who lacks food” (II Samuel 3:29) – on Yehoyakhin, as it is stated: “His allotment, a regular allotment, was given to him from the king, each day’s portion on its day, all the days of his life” (II Kings 25:30) – from the table of Evil Merodakh.²³He was dependent on somebody else for his food.
You find that as long as Yehoyada was alive, Yoash performed the will of his Creator, as it is stated: “Yehoash did what was right in the eyes of the Lord all his days, as Yehoyada the priest instructed him” (II Kings 12:3). “After the death of Yehoyada the princes of Judah came and prostrated themselves to the king. Then the king heeded them” (II Chronicles 24:17) – he accepted to render himself a god. Therefore, “they administered punishments to Yoash” (II Chronicles 24:24).
Why was Avner killed? It is because he made the lads’ blood a game, as it is stated: “Avner said to Yoav: Let the lads rise now and play before us” (II Samuel 2:14). Rabbi Yehoshua ben Levi said: It is because he had his name precede David’s name, as it is stated: “Avner sent messengers to David from his place [taḥtav],²⁴Obviously he sent it from his place. The word taḥtav is expounded to mean that he placed David’s name beneath [taḥat] his own. saying: Whose is the land?” (II Samuel 3:12). The Sages say: It is because he did not allow Saul to reconcile with David, and because he had the ability to object to Saul regarding Nov, but he did not object.