מדרש אויף במדבר 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.

(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.

"Speak to the children of Israel, saying... When you cross over... and you shall designate cities for yourselves." This is what the verse means: "Good and upright is the Lord; therefore, He instructs sinners on the way" (Psalms 25:8). David said before the Lord: "Master of the Universe, if not for Your mercy, Adam, the first man, would not have had a standing. When You said to him, 'On the day you eat from it, you will surely die,' he did not fulfill it. Instead, You removed him from the Garden of Eden [and he lived for 930 years and then died]. What did You do to him? You banished him from the Garden of Eden." For why was he banished? Because he brought death upon generations, and he deserved to die immediately. However, You had compassion on him and banished him, similar to the case of an unintentional killer who is exiled to the cities of refuge. Moses said, "Master of the Universe, if someone unintentionally kills in the south or in the north, how will he know where the cities of refuge are so that he can flee there?" God said to him, "Prepare clearly marked roads to the cities of refuge. Establish signposts for them so that they will not be led astray and the avenger of blood will not find them." Moses asked, "How?" God replied, "Set up cities of refuge with well-marked roads leading to them." That is why it is said, "Good and upright is the Lord." If He made a path and a way for murderers to escape and be saved, how much more so for the righteous. The verse says, "He will guide the humble in justice" (Psalms 25:9).