Commento su Deuteronomio 4:41

אז יבדיל — The imperfect form יבדיל instead of הבדיל is to be thus explained (cf. Rashi on Exodus 15:1): He set his attention to be zealous for the matter, — to set them apart. And although they were not to serve as cities of refuge until those of Canaan proper (the western side of the Jordan) were set apart for that purpose, Moses said, Any duty that it is possible for me to perform I will perform (Makkot 10a).

THEN MOSES SEPARATED THREE CITIES. Rabbi Abraham ibn Ezra explained it to mean: “on the day that Moses separated three cities [to function as cities of refuge], he then said the words of the covenant [as stated in the following section].” But it is not correct. Rather, it is to be understood in its simple sense. Moses had gathered all Israel to explain to them the Torah and he began with words of reproof; after he uttered in their presence his words of reproof concerning what they had done, the admonishments about idolatry and the Unity of G-d, and completed [his statement] to them with the charge that they observe His statutes and His commandments so that it may be well with them — then he said in their presence before them: “Now we shall fulfill the commandment that G-d has commanded us, and Bezer in the wilderness, Ramoth in Gilead, and Golan in Bashan will be cities of refuge that every manslayer that kills any person through error may flee thither.”¹¹⁷See Verses 42-43. And although they would not legally provide refuge until [the cities of refuge] in the land of Canaan [on the western side of the Jordan] were set apart, Moses said, “‘If a commandment has come to our hands we shall fulfill it,’¹¹⁸Makkoth 10 a. so that it may be well with us.” Afterwards he called with a great voice to all Israel that were there and said to them, Hear, O Israel, the statutes and the ordinances etc.,¹¹⁹Further, 5:1. for now he commenced to speak of the commandments and the explanation of the Torah, as I have explained at the beginning of the section These are the words.¹²⁰Above, 1:1.

אז יבדיל משה שלש ערים, after he had concluded with his introduction to the detailed discourse on the Torah. The reason why he set aside these cities at that time was to show the Israelites how the observance and carrying out of G’d’s commandments is of such supreme importance, and that he, though about to depart the earth, wanted to perform at least this commandment, the observance of which is linked to the land of Israel.