Midrash sobre Números 35:11

(Numb. 35:11:) WHERE A KILLER MAY FLEE WHO HAS TAKEN A LIFE BY MISTAKE, and not on purpose. If someone goes and kills on purpose, then says: It was by mistake that I killed, and flees to <one of the> cities of refuge, the Holy One says: Even if he comes in and flees to my altar, kill him, according to what is stated (in Exod. 21:14): BUT WHEN SOMEONE PLOTS AGAINST <HIS COMPANION AND KILLS HIM TREACHEROUSLY>, YOU SHALL TAKE HIM AWAY <EVEN> FROM MY ALTAR <FOR EXECUTION>. Who was this person who fled to the altar and was killed? This was Joab, of whom it is stated (in I Kings 2:28): WHEN THE NEWS CAME TO JOAB,…. <JOAB FLED UNTO THE TENT OF THE LORD> AND SEIZED THE HORNS OF THE ALTAR. You find that Joab was a great sage and the head of the Sanhedrin,³³Gk.: Synehedrion. as stated (in II Sam. 23:8): ONE WHO SITS IN THE SEAT OF WISDOM.³⁴These words are commonly understood as the proper name, JOSHEB-BASSHEBETH, A TAHCHEMONITE, but this and other citations of the verse in rabbinic literature tend to understand the verse as translated here. See above, Tanh. (Buber), Gen. 4:12, and the note there; also below, Tanh. (Buber), Deut. 1:3. Cf. MQ 26b, for an interpretation that identifies this sage with David himself. But did he not know what is written in the Torah (in Exod. 21:14): <BUT WHEN SOMEONE PLOTS AGAINST HIS COMPANION AND KILLS HIM TREACHEROUSLY>, YOU SHALL TAKE HIM AWAY <EVEN> FROM MY ALTAR FOR EXECUTION, [when he went and seized the horns of the altar]?³⁵yMakk. 2:7 [6] (31d); Sanh. 48b; see Makk. 12b. It is simply that [Joab] had said: Those killed by a court of law are not buried in the graves of their ancestors but by themselves. It is better to die here, so that I may be buried with my ancestors. (I Kings 2:30–31:) THEN BENAIAH BROUGHT BACK WORD UNTO THE KING, SAYING: THUS HAS JOAB SPOKEN AND THUS DID HE ANSWER ME. SO THE KING SAID TO HIM: DO AS HE HAS SPOKEN, STRIKE HIM DOWN AND BURY HIM. Why was he killed? Because his (Solomon's) father, David, had ordered him <to do> so (in I Kings 2:5–6): MOREOVER, YOU ALSO KNOW WHAT JOAB BEN ZERUIAH DID TO ME…. <SO ACT IN ACCORDANCE WITH YOUR WISDOM, AND DO NOT LET HIS GRAY HAIR GO DOWN TO SHEOL IN PEACE.> What did he do to him? You find that, when David wrote to Joab (in II Sam. 11:15): SET URIAH IN THE FRONT LINE WHERE THE FIGHTING IS THE FIERCEST, he did so, and he was killed. All the army leaders assembled against Joab, as stated of him (in II Sam. 23:39): URIAH THE HITTITE, <was one of> ALL <those> {THIRTY-SIX} [THIRTY-SEVEN} <leaders>. He showed them the document. It is therefore stated (in I Kings 2:5): [YOU KNOW] WHAT [JOAB BEN ZERUIAH] DID TO ME AND WHAT HE DID TO THE TWO COMMANDERS OF ISRAEL's FORCES, TO ABNER BEN NER <AND TO AMASA BEN JETHER> [….] They had been of the opinion that David had ordered him to kill him because Abner was Saul's cousin, and for that reason David arose and cursed Joab, when he said (in II Sam. 3:29): MAY THE HOUSE OF JOAB NEVER LACK <ONE WITH A DISCHARGE, A LEPER, ONE WHO GRASPS THE CRUTCH,³⁶Modern translations commonly understand these words to mean, A MALE WHO HANDLES THE SPINDLE, but the midrash understands them in the sense given here. ONE WHO FALLS BY THE SWORD, AND ONE LACKING BREAD>. Then all Israel was appeased,³⁷Rt.: PYS. Cf. Gk.: peisai (“to have persuaded”). when they knew that there was no <authorization> from David. So David ordered his son, Solomon, to kill him, because Joab was the son of David's sister, and he wanted him to approach the world to come.³⁸If he received punishment is this world, his deed would no longer bar him from doing so. When Solomon desired to kill him, Joab said to Benaiah: Go and tell Solomon: Do not sentence me with two judgments. If you are killing me, take off from me the curses with which your father, David, cursed me; and if not, leave me with his curses. Immediately (in I Kings 2:31): SO [THE KING] SAID TO HIM: DO AS HE HAS SPOKEN. [STRIKE HIM DOWN AND BURY HIM.] R. Judah has said: All curses with which David cursed Joab were all fulfilled in David's seed. [(II Sam. 3:29:) MAY THE HOUSE OF JOAB NEVER LACK ONE WITH A DISCHARGE, A LEPER, ONE WHO GRASPS THE CRUTCH, ONE WHO FALLS BY THE SWORD, AND ONE LACKING BREAD.]³⁹yQid. 1:7 (61a); cf. above, Gen. 7:7; ‘Arakh. 16a. ONE WITH A DISCHARGE <was fulfilled in> Rehoboam ben Solomon (according to I Kings 12:18 = II Chron. 10:18): THEN KING REHOBOAM SUCCEEDED IN MOUNTING HIS CHARIOT (merkavah) <AND FLED TO JERUSALEM>. It also says concerning ONE WITH A DISCHARGE (in Lev. 15:9): AND ANY SADDLE (merkav) ON WHICH THE ONE WITH A DISCHARGE RIDES <SHALL BE UNCLEAN>. (II Sam 3:29, cont.:) A LEPER <was fulfilled in> Uzziah, of whom it is stated (in II Kings 15:5): AND HE WAS A LEPER UNTIL THE DAY OF HIS DEATH. (II Sam 3:29, cont.:) ONE WHO GRASPS THE CRUTCH <was fulfilled in> Asa, of whom it is written (in I Kings 15:23): HOWEVER IN HIS OLD AGE HE BECAME DISEASED IN HIS FEET, where gout⁴⁰Gk.: podagra; Lat.: podagra. had seized him. (II Sam 3:29, cont.:) ONE WHO FALLS BY THE SWORD <was fulfilled in> Josiah, of whom it is written (in II Chron. 35:23): THEN THE ARCHERS SHOT KING JOSIAH. Moreover, Rav Judah has said: Rav said: they thrust three hundred iron lances⁴¹Gk.: longchai. into him, until they had perforated him like a sieve. (II Sam 3:29, cont.:) AND ONE LACKING BREAD <was fulfilled in> Jehoiachin, of whom it is stated (in II Kings 25:30 = Jer. 52:34): AND FOR HIS FOOD ALLOWANCE A REGULAR FOOD ALLOWANCE WAS GIVEN TO HIM FROM THE KING, from the table of Evil-merodach. You also find that as long as Jehoiada lived, Joash did the will of his creator, as stated (in II Kings 12:3 [2] // II Chron. 24:2): AND JEHOASH DID WHAT WAS RIGHT IN THE EYES OF THE LORD ALL HIS DAYS AS THE PRIEST JEHOIADA INSTRUCTED HIM. (II Chron. 24:17:) NOW AFTER THE DEATH OF JEHOIADA, THE PRINCES OF JUDAH CAME {UNTO HIM} AND BOWED LOW TO THE KING. THEN THE KING HEARKENED UNTO THEM, in that he took it upon himself to make an idol. Therefore (According to vs. 24): <THE ARMY OF ARAM CAME WITH A FEW MEN….> SO THEY INFLICTED JUDGMENTS ON JOASH. Now for what was Abner punished. It was because he had made the blood of the young men an amusement (rt.: SHQ), as stated (in II Sam. 2:14): THEN ABNER SAID UNTO JOAB: PLEASE LET THE YOUNG MEN ARISE AND PLAY (rt.: SHQ) BEFORE US. SO JOAB SAID: LET THEM ARISE.⁴²The result of their “playing” was that they all killed each other. See above, Gen. 6:5; Exod. 1:24; Numb. 6:8. There are also those who say it was because he put his name before the name of David, as stated (in II Sam. 3:12): THEN ABNER SENT MESSENGERS UNTO DAVID WHERE HE WAS, SAYING: TO WHOM DOES THE LAND BELONG? But the sages say: It was because he did not [wait] for Saul to be reconciled with David. Moreover, he had the power to protest <the massacre> at Nob, the city of priests, and did not protest.

(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.”

(Numbers 35:11:) “You shall provide yourselves with places to serve you as cities of refuge.” And it is written (in Numbers 35:13-14), “six cities of refuge shall there be for you. The three cities.” The three in the Land of Israel were in the West; and the three that were across the Jordan in the East were in the Land of the Children of Reuben, in the Land of the Children of Gad and half the tribe of Manasseh, as stated (in Deut. 4:43), “Bezer, in the desert [...].” R. Johanan said, (Ibid.,) “’Bezer, in the desert [...],’ see, there were three in the East. And the three in the West were in Hevron of Judah, and Shechem of Ephraim, which is Napolin (Nablus), and Kadesh in the Galilee from the tribe of Naphtali.” Moshe only apportioned [land] for the Reubenites, the Gadites and for the half tribe of Manasseh, and he set aside three cities from them, as stated (in Deut. 4:41), “Then Moses set aside three cities.” But Joshua apportioned [land] to all of the tribes, and they took [it] according to their lots, and they gave forty-eight cities to the Levites; the priests took thirteen, and the rest went to the [other] Levites, and the three cities of refuge came into their lot. And the tribe of Levi did not take a portion in the land, as stated (Jos. 12:33), “But no [portion] was assigned by Moses to the tribe of Levi.” Why? [Because (as in Deut. 18:2),] “the Lord is his portion, as He spoke to him.” You find that Sennacherib exiled Israel in three exiles.⁴³Numb. R. 23:14; cf. Lam. R. Proem 5. First, he exiled the Reubenites, the Gadites, and half the tribe of Manasseh. Second, [came] the tribe of Zebulon and the tribe of Naphtali, as stated (in Is. 8:23), “in the former time he abased the land of Zebulon and the land of Naphtali.” Third, he exiled the rest of the tribes, as stated (ibid., cont.), “and later he afflicted (hikhbid).”⁴⁴Translations of this verse vary, but the translation given here fits the sense of the midrash. He swept (hikhbid) them as [with] a broom (makhbed). Nebuchadnezzar also carried out three exiles with the tribes of Judah and Benjamin. In the first he exiled Jehoiakim [and] in the second, Jehoiachin. What did he do? He bound him in his carriage⁴⁵Lat.: carruca; Gk.: karrouchion. and [there] he became dear to him.⁴⁶Buber suggests a translation such as, “and it was his favorite.” Thus it is stated, “Behold, I am sending you away like a queen mother.”⁴⁷The text is not in Scripture, but cf. Jer. 29:2. Just as one honors the queen mother, so did Nebuzaradan act toward him. [Then] Nebuzaradan exiled Zedekiah, for a total of three exiles. From where do we know that Nebuchadnezzar was a world emperor? As he exiled these to here and those to there, and he exiled Israel to Babylon, and those in Babylon to the Land of Israel. The Holy One, blessed be He, said, “In this world Israel has gone into exile and spread among the gates of the world, because of iniquities, as stated (Jer. 15:7), “And I will scatter them with a winnowing fork to the gates of the world”; but in the future to come (according to Deut. 30:4), “If your banishment is to the end of the heavens, from there will the Lord your God gather you, even from there will He bring you back.” It also says (in Is. 11:12), “and he shall gather the dispersed of Judah […].” And it says (in Is. 31:11), “And the ransomed of the Lord shall return and come to Zion with singing. Everlasting joy shall be upon their heads, they shall obtain joy and gladness, while sorrow and sighing shall flee away.” And so may it be His will. Amen and Amen!

"And you shall provide yourselves with cities" (Numbers 35:11), this is what the verse says, "Good and upright is the Lord, therefore He shows sinners the way." (Psalms 25:8) "Remember Your mercy, O God, and your lovingkindness." (Psalms 25:6). David said, Master of the Universe, were it not for the fact that Your lovingkindness preceded the First Man, he would not have been able to stand, as it says "For the day you eat of it [the tree of knowledge of good and evil] you will surely die" (Genesis 2:17). And You did not do this; rather, You brought him out from the Garden of Eden and he lived for 930 years(!) and only after that did he die. Why did you do that to him, to drive him out from the Garden of Eden, as it says (Genesis 3:24) "and He drove out the man"? Why was he driven out, since he brought death upon the generations, and he was sentenced to immediate death? Rather, You had mercy upon him and drove him off, just as the accidental killer is exiled to a city of refuge. Thus it says, "Remember Your mercy, O God, and Your lovingkindness, etc." Once Moshe stood and the Holy Blessed One told him, "Provide yourselves with cities...", Moshe said "Master of the Universe, this one killed by accident in the south or the north; how will he know where the city of refuge is, that he may flee to it?" God replied, "'Set for yourselves the path... [i.e. to the cities of refuge]' (Deuteronomy 19:3), orient for yourselves the path so that you will not be mistaken and find the blood avenger and he will kill you "and there will be for him no death penalty" (Deuteronomy 19:6)." He [Moshe] said again, "How?" He [God] said to him, set up for yourselves signs [istlayot] pointing to the cities of refuge, that they will know where to travel. And on every sign write "Killer to the city of refuge", as it says "prepare for yourselves the way". Thus said David, "Good and upright is the Lord, therefore He shows sinners the way." If for killers He makes a path and a road for them to flee by and be saved, all the more so for righteous! "He guides the humble in justice, and teaches the humble His way" (Psalms 25:9). "And the killer shall flee there who has killed a soul by accident" -- but not on purpose. If he kills on purpose and he says "I accidentally killed" and flees to the cities of refuge, the Holy Blessed One says, even if he flees and enters to My altar, you shall kill him, as it says (Exodus 21:14) "And if a person schemes, etc [against another, and kills him treacherously, you shall take him from My very altar to be put to death]". And who was it who fled to the altar and was killed? Yoav, as it says (I Kings 2:28) "When the news reached Joab, he fled to the Tent of the LORD [and grasped the horns of the altar]...". And it says (II Samuel 23:8) "Tahchemonite, the chief officer" -- he did not know that it is written in the Torah "And if a person schemes, etc" that he went and grasped the horns of the altar. Rather it says "Those killed by the court are not buried in the graves of their fathers, rather they alone; it is better for me that I die here and be buried in the graves of my fathers". (I Kings 3:30-31) "Benaiah reported back to the king that Joab had answered thus and thus, and the king said, 'Do just as he said; strike him down and bury him, and remove guilt from me and my father’s house for the blood of the innocent that Joab has shed.'" And why was he killed? For so David his [Shlomo's] father had commanded him -- "Further, you know what Joab son of Zeruiah did to me, what he did to the two commanders of Israel’s forces, Abner son of Ner and Amasa son of Jether: he killed them" (I Kings 2:5). What did he do to him...

14 (Numb. 35:11) “You shall provide yourselves with cities”: And it is written (in Numb. 35:13-14), “six cities of refuge shall there be for you. The three cities.” The three in the Land of Israel were in the West; and the three were across the Jordan in the East [in the Land of] the Children of Reuben, of the Children of Gad and half the tribe of Manasseh, as stated (in Deut. 4:43), “Bezer, in the desert [...].” R. Johanan said, (ibid.,) “’Bezer, in the desert [...],’ see, there were three in the East. And the three in the West were in Hevron of Judah, and Shechem of Ephraim, which is Napolin (Nablus), and Kadesh in the Galilee from the tribe of Naphtali.” Moses apportioned [land] for the Reubenites, the Gadites and for the half tribe of Manasseh, and he set aside three cities from them, as stated (in Deut. 4:41), “Then Moses set aside three cities.” But Joshua apportioned [land] to all of the tribes, and gave forty-eight cities to the Levites; the priests took thirteen, and the rest went to the [other] Levites, and the three cities of refuge came into their lot. And the tribe of Levi did not take a portion in the land, as stated (Josh. 12:33), “But no [portion] was assigned by Moses to the tribe of Levi.” Why? [Because (as in Deut. 18:1),] “the Lord’s fire offerings and His portion shall they eat.” You find that Sennacherib exiled Israel in three exiles.³¹Cf. Lam. R. Proem 5. First, he exiled the Reubenites, the Gadites, and half the tribe of Manasseh. Second, [came] the tribe of Zebulon and the tribe of Naphtali, as stated (in Is. 8:23), “in the former time he abased the land of Zebulon and the land of Naphtali.” Third, he exiled the rest of the tribes, as stated (ibid., cont.), “and later he afflicted (hikhbid).”³²Translations of this verse vary, but the translation given here fits the sense of the midrash. He swept (hikhbid) them as [with] a broom (makhbed). Nebuchadnezzar also carried out three exiles with the tribes of Judah and Benjamin. In the first he exiled Jehoiakim [and] in the second, Jehoiachin. What did he do? He bound him in his carriage³³Lat.: carruca; Gk.: karrouchion. and [there] he became dear to him.³⁴Buber suggests a translation such as, “and it was his favorite.” Thus it is stated, “Behold, I am sending you away like a queen mother.”³⁵The text is not in Scripture, but cf. Jer. 29:2. Just as one honors the queen mother, so did Nebuzaradan act toward him. [Then] Nebuzaradan exiled Zedekiah, for a total of three exiles. From where do we know that Nebuchadnezzar was a world emperor? As he exiled these to here and those to there, and he exiled Israel to Babylon, and those in Babylon to the Land of Israel. The Holy One, blessed be He, said, “In this world Israel has gone into exile and spread among the gates of the world, because of iniquities; but in the future to come (according to Deut. 30:4), “If your banishment is to the end of the heavens, from there will the Lord your God gather you, even from there will He bring you back.” It also says (in Is. 11:12), “and he shall gather the dispersed of Judah […].” And it says (in Is. 31:11), “And the ransomed of the Lord shall return and come to Zion with singing. Everlasting joy shall be upon their heads, they shall obtain joy and gladness, while sorrow and sighing shall flee away.”

(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.