Midrasz do Liczb 35:16

(Deut. 4:41:) THEN MOSES SET APART. What is the meaning of THEN? <It is> a word <denoting> a song. Who uttered a song? The murderer of whom it is written (in Numb. 35:16): THE MURDERER SHALL SURELY BE PUT TO DEATH; for the murderer will not be slain.¹³I.e., the one who kills by accident will not be slain, when he reaches one of the cities of refuge set apart by Moses.

(Numb. 1:1) “Then the Lord spoke unto Moses in the Sinai desert.” [Sinai] was called by six names: Mountain of God (as in Ps. 68:16), Mount Bashan (ibid.), Mountain of Peaks (ibid.), Mountain of Desire (hmd), Mount Horeb (Exod. 3:1; 33:6; etc.), and Mount Sinai.³¹Numb. R. 1:8. The Mountain of God is [so called] because on it God sat in judgment, as stated (in Exod. 21:1), “Now these are the judgments³²Mishpatim. In the biblical context the word would more normally be translated ordinances. which you shall set before them.” Mount Bashan is the mountain where (sham) Holy One, blessed be He, came (ba').³³In the Hebrew text sham and ba’ appear in the opposite order and next to each other as ba’ sham. The Mountain of Peaks (gavenunnim, rt.: gbn) is the mountain where He disqualified all the [other] mountains,³⁴See Gen. R. 109:1, which depicts the mountains contending with each other to host the revelation of the Torah and generally expands what follows. just as you say (in Lev. 21:20), “or a hunchback (gbn) or a dwarf.”³⁵The context is a list of those rejected from serving in the priesthood. The implication here is that, unlike Sinai where the ordinances for priesthood where given, the other mountains were hunchbacks or dwarfs and therefore rejected. Mountain of Desire (rt.: hmd) is [so called], because on it the Holy One, blessed be He, desired (hmd) to dwell, as stated (in Ps. 68:17), “the mountain God desired for His dwelling.” Mount Horeb (rt.: hrb) is [so called], because upon it the sword (rt.: hrb) [of judgment] was unsheathed, as stated (in Lev. 20:10), “the adulterer and the adulteress shall surely be put to death,” [and] (in Numb. 35:16), “the murderer shall surely be put to death.” Mount Sinai is [so called], because on it the peoples of the world became hateful (rt.: sn') to the Holy One, blessed be He; and He rendered a verdict³⁶Gk.: apophasis. against them, as stated (in is. 60:12), “and the gentiles shall be utterly (hrb) destroyed (rt.: hrb).” R. Abba bar Kahana said in the name of R. Johanan, “’And the gentiles shall be utterly destroyed’ – it was where they received a verdict.”

Another interpretation (of Numb. 1:1): THEN THE LORD SPOKE UNTO MOSES IN THE SINAI DESERT. <Sinai> was called by six names: Mountain of God (as in Ps. 68:16 [15]), Mount Bashan (ibid.), mountain of peaks (ibid.), mountain of desire (HMD), Mount Horeb (Exod. 3:1; 33:6; etc.), Mount Sinai.⁴⁴Tanh., Numb. 1:7; Numb. R. 1:8. The mountain of God is <so called> because on it God sat in judgment, as stated (in Exod. 21:1): NOW THESE ARE THE JUDGMENTS⁴⁵Mishpatim. In the biblical context the word would more normally be translated ORDINANCES. WHICH YOU SHALL SET BEFORE THEM. Mount Bashan is the mountain where (sham) Holy One came (ba').⁴⁶In the Hebrew text sham and ba’ appear in the opposite order and next to each other as ba’ sham. The mountain of peaks (gavenunnim, rt.: GBN) is the mountain where he carved out and rejected⁴⁷Pasal. The word can mean both “carved” and “rejected.” In carving a statue one rejects what is chipped away. The statue itself, like Israel, is what remains. all the <other> mountains.⁴⁸See Gen. R. 109:1, which depicts the mountains contending with each other to host the revelation of the Torah and generally expands what follows. Where is it shown? <It is> just as you say (in Lev. 21:20): OR A HUNCHBACK (GBN) OR A DWARF.⁴⁹The context is a list of those rejected from serving in the priesthood. The implication here is that, unlike Sinai where the ordinances for priesthood where given, the other mountains were hunchbacks or dwarfs and therefore rejected. The mountain of desire (rt.: HMD) is <so called>, because on it the Holy One desired (HMD) to dwell, as stated (in Ps. 68:17 [16]): THE MOUNTAIN GOD DESIRED FOR HIS DWELLING. Mount Horeb (rt.: HRB) is <so called>, because upon it the sword (rt.: HRB) <of judgment> was unsheathed, as stated (in Lev. 20:10): THE ADULTERER AND THE ADULTERESS SHALL SURELY BE PUT TO DEATH, <and> (in Numb. 35:16): THE MURDERER SHALL SURELY BE PUT TO DEATH. Mount Sinai is <so called>, because on it the peoples of the world became hateful (rt.: SN') to the Holy One, and he rendered a verdict⁵⁰Gk.: apophasis. against them, as stated (in Is. 60:12): AND THE GENTILES SHALL BE UTTERLY (HRB) DESTROYED (rt.: HRB). R. Abba bar Kahana said in the name of R. Johanan: AND THE GENTILES SHALL BE UTTERLY⁵¹In this repetition of Is. 60:12 the Buber text alters the word translated UTTERLY from harov to mehurav. This change also appears in the parallel text of ySot. 7:5 (21d), but not in the traditional parallel texts of Tanh., Numb. 1:7, and Numb. R. 1:8. DESTROYED. <It was> where they received a verdict.

(Exodus, Ibid.) "If one strikes a man": This tells me (that he is liable) only if he strikes a man. Whence is it derived (that he is likewise liable) if he strikes a woman or a minor? From (Leviticus 24:17) "And if a man strikes any soul of a man" — to include his striking a woman or a minor. "If one strikes a man": This (i.e., both verses) tells me only of a man or a woman who kills a man or of a man who kills a woman or a minor. Whence do I derive (the same for) a woman who kills a minor or (another) woman? It is, therefore, written (Numbers 35:16-17) "The murderer shall be put to death … he is a murderer." It comes for this teaching (i.e., that a woman, too, is liable for killing a woman or a minor). "And if a man strikes any soul of a man": I might think that an eight-month birth, (who is destined to die,) is also included. It is, therefore, written "If one strikes a man" — whereby we are apprised that he is not liable unless he kills one who is destined to live.

(Bamidbar 35:16) "And if with an iron implement he kill him (intentionally) and he die, he is a murderer.": What is the intent of this? From (17) "And if with a hand-stone … (18) Or if with a wooden implement, etc.", I might think that he is liable only if he killed him with one of these. Whence would I derive (the same for) iron? It is, therefore, written "And if with an iron implement he kill him, he is a murderer." — But (even) without this I can derive it a fortiori, viz.: If he is liable for killing him with stone or wood, how much more so with iron! — But if so, I would say: Just as a stone must fill the hand (thus "hand-stone"), so, iron. It is, therefore, written with an implement of iron, (of any size). It is revealed before the Holy One Blessed be He that iron of any size can kill, wherefore "hand" is not written (in that connection) — even a needle or a pin sufficing. This tells me only of his killing him with iron. Whence do I derive the same for his throwing at him metal balls or lumps? From (16) "He is a murderer; die shall die the murderer" — in any event. (17) "And if with a hand-stone, whereby he can die, he strike him and he die, he is a murderer. Die shall die the murderer.": What is the intent of this? From (Shemot 21:18) "And if men quarrel and a man strike his neighbor, etc." I might think (that this obtains) whether he strikes him with something which is or which is not lethal. It is, therefore, written "And if with a hand-stone (i.e., one which fills the hand), whereby he can die, he strike him." Scripture hereby apprises us that he is not liable unless he strikes him with something which is potentially lethal. I might think, even (if he strike him) on a (body) site (a blow to) which is not mortal. It is, therefore, written (Devarim 19:11) "And if a man hate his neighbor … and he strike him mortally" — whereby we are apprised that he is not liable unless he strikes him with something which is potentially lethal and on a (body) site, injury to which may result in his death. This ("And if with a hand-stone") tells me that he is liable only if he kills him with a stone. Whence do I derive (the same for) his rolling rocks or pillars over him? From (17) "he is a murderer — die shall die the murderer" — in any event.