Showing posts with label Numbers. Show all posts
Showing posts with label Numbers. Show all posts

Numbers 36:1-13

Numbers 1 2 3 4a 4b 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25b 26 27 28 29 30 31 32 33 34 35 36


36:1 VA YIKREVU RASHEY HA AVOT LE MISHPACHAT BENEY GIL'AD BEN MACHIR BEN MENASHEH MI MISHPECHOT BENEY YOSEPH VA YEDABER LIPHNEY MOSHEH VE LIPHNEY HA NESIYIM RASHEY AVOT LIVNEY YISRA-EL

וַיִּקְרְבוּ רָאשֵׁי הָאָבוֹת לְמִשְׁפַּחַת בְּנֵי גִלְעָד בֶּן מָכִיר בֶּן מְנַשֶּׁה מִמִּשְׁפְּחֹת בְּנֵי יוֹסֵף וַיְדַבְּרוּ לִפְנֵי מֹשֶׁה וְלִפְנֵי הַנְּשִׂאִים רָאשֵׁי אָבוֹת לִבְנֵי יִשְׂרָאֵל

KJ (King James translation): And the chief fathers of the families of the children of Gilead, the son of Machir, the son of Manasseh, of the families of the sons of Joseph, came near, and spake before Moses, and before the princes, the chief fathers of the children of Israel:

BN (BibleNet translation): Then the heads of the clans of the family of the Beney Gil'ad, the son of Machir, the son of Menasheh, of the families of the Beney Yoseph, approached and spoke before Mosheh, and before the princes, the heads of the clans of the Beney Yisra-El.


MISHPACHAT: Diplomatic language! Notice the two-and-a-half tribes have already become BENEY GIL'AD, and the word is singular, "one family"; which is a great help for us in trying to understand how all these people, tribes, clans, families, nations, congregations etc are different, and how and when the same, and how they changed over time.

MACHIR
See the link.

MENASHEH: See the link.


36:2 VA YOMRU ET ADONI TSIVAH YHVH LATET ET HA ARETS BE NACHALAH BE GORAL LIVNEY YISRA-EL VE ADONI TSUVAH VA YHVH LATET ET NACHALAT TSELAPHCHAD LI VENOTAV

וַיֹּאמְרוּ אֶת אֲדֹנִי צִוָּה יְהוָה לָתֵת אֶת הָאָרֶץ בְּנַחֲלָה בְּגוֹרָל לִבְנֵי יִשְׂרָאֵל וַאדֹנִי צֻוָּה בַיהוָה לָתֵת אֶת נַחֲלַת צְלָפְחָד אָחִינוּ לִבְנֹתָיו

KJ: And they said, The LORD commanded my lord to give the land for an inheritance by lot to the children of Israel: and my lord was commanded by the LORD to give the inheritance of Zelophehad our brother unto his daughters.

BN: And they said: "My lord, YHVH gave instruction to give the land for inheritance by lot to the Beney Yisra-El; and my lord was instructed by YHVH to give the inheritance of Tselaphchad our brother to his daughters...


I can't help but feel that the Book of Numbers ended at the conclusion of chapter 35, save only the closing verse of this chapter, and that this extraordinary last-minute coup d'état by the Gil'adim was a much later addition. What happened in Numbers 27 does not get easily overturned on appeal to the Supreme Court. It was handled correctly: in verse 2 "they stood before Mosheh, and before El-Azar the Kohen, and before the princes and all the congregation, at the door of the tent of meeting" to plead their case, and in verse 5 "Mosheh brought their cause to YHVH". The decision was announced by YHVH himself, in verse 6: "Whereas the daughters of Tselaphchad have spoken justly, they shall be awarded the possession of an inheritance among their father's kinsmen. Their father's inheritance is hereby conferred on them." And so important was this ruling, verses 7 ff established it formally as a precedent: "And you shall speak to the Beney Yisra-El, saying: If a man dies, and has no son..." the various possible circumstances then defined, and responses provided. Yet here are the Beney Gil'ad, the same clan of the same family, demanding - and receiving - what is at the very least a significant amendment.
   And, what's more, the same tale will be retold in Joshua 17, the same five daughters coming with the same issue, and receiving the same outcome - the only difference being that it is El-Azar with Yehoshu'a, not El-Azar with Mosheh (and really the only significance of that difference is that it provides yet more evidence that Mosheh and Yehoshua are the same person, named variantly in different tribal histories, both Yehudaisations of Ach-Mousa and the Osher myths).


36:3 VE HAYU LE ECHAD MI BENEY SHIVTEY VENEY YISRA-EL LE NASHIM VE NIGRE'AH NACHALATAN MI NACHALAT AVOTEYNU VE NOSAPH AL NACHALAT HA MATEH ASHER TIHEYENAH LAHEM U MI GORAL NACHALATENU

וְהָיוּ לְאֶחָד מִבְּנֵי שִׁבְטֵי בְנֵי יִשְׂרָאֵל לְנָשִׁים וְנִגְרְעָה נַחֲלָתָן מִנַּחֲלַת אֲבֹתֵינוּ וְנוֹסַף עַל נַחֲלַת הַמַּטֶּה אֲשֶׁר תִּהְיֶינָה לָהֶם וּמִגֹּרַל נַחֲלָתֵנוּ יִגָּרֵעַ

KJ: And if they be married to any of the sons of the other tribes of the children of Israel, then shall their inheritance be taken from the inheritance of our fathers, and shall be put to the inheritance of the tribe whereunto they are received: so shall it be taken from the lot of our inheritance.

BN: "And it will be that, if they marry any of the sons of the other tribes of the Beney Yisra-El, then their inheritance will be taken away from the bequest of our fathers, and added to the inheritance of the tribe to which they now belong; so it would be taken away from the lot of our inheritance...


VE HAYU: Odd grammar, using the past tense for something that will happen in the future; is this perhaps an inversion of the Vav Consecutive?

Women joining the men's tribe = patrilocal marriage. We have seen in Genesis that many of the other people of the region practice matrilocal marriage - e.g. Kayin, Esav and Yishma-El, all of whom go to live with their wives and become part of their tribe. Ya'akov in Padan Aram technically does the same, though the circumstances are different (he is marrying within the clan), so we can't say either way on this one; it is plausible that his negotiations with Lavan, and especially Lavan's statement in Genesis 31:43, that "The daughters are my daughters, and the children are my children, and the flocks are my flocks, and all that you see is mine; and what can I do this day for these my daughters, or for their children whom they have borne?" confirm that Ya'akov has joined his tribe, and not simply as a bondsman.


36:4 VE IM YIHEYEH HA YOVEL LIVNEY YISRA-EL VE NOSPHAH NACHALATAN AL NACHALAT HA MATEH ASHER TIHEYENAH LAHEM U MI NACHALAT MATEH AVOTEYNU YIGARA NACHALATAN

וְאִם יִהְיֶה הַיֹּבֵל לִבְנֵי יִשְׂרָאֵל וְנוֹסְפָה נַחֲלָתָן עַל נַחֲלַת הַמַּטֶּה אֲשֶׁר תִּהְיֶינָה לָהֶם וּמִנַּחֲלַת מַטֵּה אֲבֹתֵינוּ יִגָּרַע נַחֲלָתָן

KJ: And when the jubilee of the children of Israel shall be, then shall their inheritance be put unto the inheritance of the tribe whereunto they are received: so shall their inheritance be taken away from the inheritance of the tribe of our fathers.

BN: "And when the jubilee of the Beney Yisra-El comes around, then their inheritance will be added to the inheritance of the tribe to which they now belong; so their inheritance will be taken away from the inheritance of the tribe of our fathers."


And they are quite right too, if patrilocal marriage is now the norm. So we have a  conflict of divine laws, and thanks be to the deities that I am a cultural archaeologist and a literary commentator and not a theologian! (Though it does merit noting what a clever lawyer, to have gone hunting for loopholes, and found this one!).


36:5 VA YETSAV MOSHEH ET BENEY YISRA-EL AL PI YHVH LEMOR KEN MATEH VENEY YOSEPH DOVRIM

וַיְצַו מֹשֶׁה אֶת בְּנֵי יִשְׂרָאֵל עַל פִּי יְהוָה לֵאמֹר כֵּן מַטֵּה בְנֵי יוֹסֵף דֹּבְרִים

KJ: And Moses commanded the children of Israel according to the word of the LORD, saying, The tribe of the sons of Joseph hath said well.

BN: And Mosheh announced his ruling to the Beney Yisra-El, according to the word of YHVH, saying: "The tribe of the Beney Yoseph speaks correctly...


Interesting to compare the text here with the one from Numbers 27 quoted above. Like the women, the men have presented themselves in the correct manner, and petitioned their cause likewise. In the first case, we are explicitly told that Mosheh "brought their cause to YHVH", and that YHVH gave the resolution, presumably through the mouth of an oracle, which may well have been Mosheh himself. But here - and it doesn't mean he didn't, only that it isn't stated - Mosheh simply announces the decision.

BENEY YOSEPH: Wait a moment! Verse 2 explicitly called them the Beney Gil'ad, which made a very interesting point of its own about tribal inheritances, allowing east Menasheh and Ephrayim to become, effectively, different tribes (this case is specific to Menasheh, yet the text grouped them with Gad and Re'u-Ven as the "separated" threesome beyond the Yarden). But Mosheh's response denies them that separation; east and west Menasheh are still the same tribe, and they have their tribal inheritance in partnership with Ephrayim, substituting for Yoseph, who is not allowed one of his own, precisely because he married out of the tribe! To Mosheh they are the Beney Yoseph, and the matrilocal still applies - presumably the Beney Gil'ad have discovered that the opposite is the case in Edom and Mo-Av and Amon wherethey are now living, and this is why they are challenging the previous ruling. Mosheh does not say any of this explicitly, but it is implicit in his use of the term BENEY YOSEPH.


36:6 ZEH HA DAVAR ASHER TSIVAH YHVH LIVNOT TSELAPHCHAD LEMOR LA TOV BE EYNEYHEM TIHEYENAH LE NASHIM ACH LE MISHPACHAT MATEH AVIHEM TEHEYENAH LE NASHIM

זֶה הַדָּבָר אֲשֶׁר צִוָּה יְהוָה לִבְנוֹת צְלָפְחָד לֵאמֹר לַטּוֹב בְּעֵינֵיהֶם תִּהְיֶינָה לְנָשִׁים אַךְ לְמִשְׁפַּחַת מַטֵּה אֲבִיהֶם תִּהְיֶינָה לְנָשִׁים

KJ: This is the thing which the LORD doth command concerning the daughters of Zelophehad, saying, Let them marry to whom they think best; only to the family of the tribe of their father shall they marry.

BN: "This is the ruling which YHVH has made concerning the daughters of Tselaphchad, saying: 'Let them be married to whom they think best; but they may only marry into the family of their father's tribe...


AVIHEM: should be AVIHEN.

So the original verdict has not been overthrown, but only modified, amended. They still have their inheritance rights, but they must marry inside the tribe to retain them. Endogamy within endogamy! This would not be the case for any man, but, given that the Law of Tselaphchad's Daughters has been established as a precedent for all the Beney Yisra-El, it must now apply across all the tribes. So, from now on, a woman from the Beney Capulet, say, who falls in love with a man from the Beney Montague, may not marry him, because her inheritance will pass at the Jubilee to his family.


36:7 VE LO TISOV NACHALAH LIVNEY YISRA-EL MI MATEH EL MATEH KI ISH BE NACHALAT MATEH AVOTAV YIDBEKU BENEY YISRA-EL

וְלֹא תִסֹּב נַחֲלָה לִבְנֵי יִשְׂרָאֵל מִמַּטֶּה אֶל מַטֶּה כִּי אִישׁ בְּנַחֲלַת מַטֵּה אֲבֹתָיו יִדְבְּקוּ בְּנֵי יִשְׂרָאֵל

KJ: So shall not the inheritance of the children of Israel remove from tribe to tribe: for every one of the children of Israel shall keep himself to the inheritance of the tribe of his fathers.

BN: "'Thus no inheritance of the Beney Yisra-El shall transfer from tribe to tribe; but the Beney Yisra-El shall cleave each man to the inheritance of the tribe of his fathers...


From a financial and material point of view, this may seem obvious, but in fact it was a profoundly significant social change. This edict endorses patrilocal marriage over matrilocal marriage; and it also establishes clean lines of inheritance that separate tribe from tribe; and this is the very final commandment set out in the very book which denotes who shall inherit what, from the whole of the land, through the areas of the land, down now to the legacies of individuals. Perhaps I was wrong in my statement at the head of this chapter, and it only seems like a late addition: worth stating though, in order to investigate and discuss the matter. 

And also note that Mosheh has been asked to rule on an issue that goes beyond the twelve tribes - being in Gil'ad, the women are just as likely to find husbands among the local non-Yisra-Eli men as they are within the two-and-a-half tribes; but Mosheh's response takes for granted that they would never even consider such men as potential spice, and his ruling is restricted to marriage "within the Beney Yisra-El".

But now we also know why "marrying in" became so important, and remains so to this day. It is about the inheritance, and that inheritance is rather more material than genetic.


36:8 VE CHOL BAT YORESHET NACHALAH MI MATOT BENEY YISRA-EL LE ECHAD MI MISHPACHAT MATEH AVIHA TIHEYEH LE ISHAH LMA'AN YIYSHU BENEY YISRA-EL ISH NACHALAT AVOTAV

וְכָל בַּת יֹרֶשֶׁת נַחֲלָה מִמַּטּוֹת בְּנֵי יִשְׂרָאֵל לְאֶחָד מִמִּשְׁפַּחַת מַטֵּה אָבִיהָ תִּהְיֶה לְאִשָּׁה לְמַעַן יִירְשׁוּ בְּנֵי יִשְׂרָאֵל אִישׁ נַחֲלַת אֲבֹתָיו

KJ: And every daughter, that possesseth an inheritance in any tribe of the children of Israel, shall be wife unto one of the family of the tribe of her father, that the children of Israel may enjoy every man the inheritance of his fathers.

BN: "'And every daughter who receives an inheritance in any tribe of the Beney Yisra-El shall become a wife to someone in the family of her father's tribe, so that each man of the Beney Yisra-El may receive the inheritance of his fathers...


And though this law only applies to women who are inheriting because they have 
no brothers, the process of patrilocalisation is nonetheless established.


36:9 VE LO TISOV NACHALAT MI MATEH LE MATEH ACHER KI ISH BE NACHALATO YIDBEKU MATOT BENEY YISRA-EL

וְלֹא תִסֹּב נַחֲלָה מִמַּטֶּה לְמַטֶּה אַחֵר כִּי אִישׁ בְּנַחֲלָתוֹ יִדְבְּקוּ מַטּוֹת בְּנֵי יִשְׂרָאֵל

KJ: Neither shall the inheritance remove from one tribe to another tribe; but every one of the tribes of the children of Israel shall keep himself to his own inheritance.

BN: "'Thus no inheritance shall be transferred from one tribe to another tribe; for the tribes of the Beney Yisra-El shall cleave each one to its own inheritance.'"


Which of course will not prove to be the outcome of future history: eastern Shim'on gradually absorbed into Yehudah as the tribe became ever more depleted; Bin-Yamin merged with Yehudah after the six-and-a-half tribes were lost to history altogether, and no attempt whatsoever, after the return from Babylonian exile, to re-establish the tribal structure, even when the Hasmonean dynasty was at its height, and could easily have done so. And as to modern Israel, this paragraph may be the very first time that such an idea has even been theoretically mooted.


36:10 KA ASHER TSIVAH YHVH ET MOSHEH KEN ASU BENOT TSELAPHCHAD

כַּאֲשֶׁר צִוָּה יְהוָה אֶת מֹשֶׁה כֵּן עָשׂוּ בְּנוֹת צְלָפְחָד

KJ: Even as the LORD commanded Moses, so did the daughters of Zelophehad:

BN: Thus did YHVH instruct Mosheh; thus did the daughters of Tselaphchad undertake to do.


36:11 VA TIHEYENAH MACHLAH TIRTSAH VE CHAGLAH U MILKAH VE NO'AH BENOT TSELAPHCHAD LIVNEY DODEYHEN LE NASHIM

וַתִּהְיֶינָה מַחְלָה תִרְצָה וְחָגְלָה וּמִלְכָּה וְנֹעָה בְּנוֹת צְלָפְחָדלִבְנֵי דֹדֵיהֶן לְנָשִׁים

KJ: For Mahlah, Tirzah, and Hoglah, and Milcah, and Noah, the daughters of Zelophehad, were married unto their father's brothers' sons:

BN: For Machlah, Tirtsah, and Chaglah, and Milkah, and No'ah, the daughters of Tselaphchad, were married to their father's brothers' sons.


And issues of genetics related to endogamy on such a narrow scale not known at that time. Nor, indeed, right through to late mediaeval times, in most of Europe as well as the Middle East, where endogamy of this kind remained the norm, in villages if not in tribes.

And where the women claimed the right to their own inheritance, and the status that would have accompanied it, this revised ruling endows the men with all the property, including the women. Not just the establishment of patrilocal marriage, but of patriarchalism itself. The women who were equal at Creation are now confirmed as second-class humans.


36:12 MI MISHPECHOT BENEY MENASHEH VEN YOSEPH HAYU LE NASHIM VA TEHI NACHALATAN AL MATEH MISHPACHAT AVIHEN

מִמִּשְׁפְּחֹת בְּנֵי מְנַשֶּׁה בֶן יוֹסֵף הָיוּ לְנָשִׁים וַתְּהִי נַחֲלָתָן עַל מַטֵּה מִשְׁפַּחַת אֲבִיהֶן

KJ: And they were married into the families of the sons of Manasseh the son of Joseph, and their inheritance remained in the tribe of the family of their father.

BN: They were married into the families of the Beney Menasheh ben Yoseph, and their inheritance remained in the tribe of the family of their father.


So we have the same tale, with two outcomes; and when it gets retold in Joshua, there will be yet a different outcome!


36:13 ELEH HA MITSVOT VE HA MISHPATIM ASHER TSIVAH YHVH BE YAD MOSHEH EL BENEY YISRA-EL BE ARVOT MO-AV AL YARDEN YERECHO

אֵלֶּה הַמִּצְוֹת וְהַמִּשְׁפָּטִים אֲשֶׁר צִוָּה יְהוָה בְּיַד מֹשֶׁה אֶל בְּנֵי יִשְׂרָאֵל בְּעַרְבֹת מוֹאָב עַל יַרְדֵּן יְרֵחוֹ

KJ: These are the commandments and the judgments, which the LORD commanded by the hand of Moses unto the children of Israel in the plains of Moab by Jordan near Jericho.

BN: These are the laws and the statutes which YHVH instructed, by the hand of Mosheh, to the Beney Yisra-El, in the plains of Mo-Av, by the Yarden at Yerecho.



pey break



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Numbers 35:1-34

Numbers 1 2 3 4a 4b 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25b 26 27 28 29 30 31 32 33 34 35 36


35:1 VA YEDABER YHVH EL MOSHEH BE ARVOT MO-AV AL YARDEN YERECHO LEMOR

וַיְדַבֵּר יְהוָה אֶל מֹשֶׁה בְּעַרְבֹת מוֹאָב עַל יַרְדֵּן יְרֵחוֹ לֵאמֹר

KJ (King James translation): And the LORD spake unto Moses in the plains of Moab by Jordan near Jericho, saying,

BN (BibleNet translation): Then YHVH spoke to Mosheh in the plains of Mo-Av by the Yarden at Yerecho, saying:


A reminder once again that Mosheh handed over power to his successor Yehoshu'a in chapter 27 of this book, with a full inauguration ceremony. So is our text badly misorganised, and these latter chapters should have come sooner; or is Mosheh functioning in some senior role, as tribal elder? It is not logical that YHVH instructed him to hand over, and go up to Mount Avarim to prepare to die, but that he should still be down here in the plains, still in charge, still the recipient of instructions from YHVH.


35:2 TSAV ET BENEY YISRA-EL VE NATNU LA LEVIYIM MI NACHALAT ACHUZATAM ARIM LASHAVET U MIGRASH LE ARIM SEVIYVOTEYHEM TITNU LA LEVIYIM

צַו אֶת בְּנֵי יִשְׂרָאֵל וְנָתְנוּ לַלְוִיִּם מִנַּחֲלַת אֲחֻזָּתָם עָרִים לָשָׁבֶת וּמִגְרָשׁ לֶעָרִים סְבִיבֹתֵיהֶם תִּתְּנוּ לַלְוִיִּם

KJ: Command the children of Israel, that they give unto the Levites of the inheritance of their possession cities to dwell in; and ye shall give also unto the Levites suburbs for the cities round about them.

BN: Instruct the Beney Yisra-El, that they give to the Leviyim, out of the inheritance of their possession, cities to dwell in; and open land round about the cities you shall give to the Leviyim.


The details of this, in post-exilic times at least, can be found in the Book of Nechem-Yah (Nehemiah), starting at chapter 11.


35:3 VE HAYU HE ARIM LAHEM LASHAVET U MIGRESHEYHEM YIHEYU LI VEHEMTAM VE LI RECHUSHAM U LE CHOL CHAYATAM

וְהָיוּ הֶעָרִים לָהֶם לָשָׁבֶת וּמִגְרְשֵׁיהֶם יִהְיוּ לִבְהֶמְתָּם וְלִרְכֻשָׁם וּלְכֹל חַיָּתָם

KJ: And the cities shall they have to dwell in; and the suburbs of them shall be for their cattle, and for their goods, and for all their beasts.

BN: And they shall have the cities to dwell in; and their open land shall be for their cattle, and for their substance, and for all their beasts.


Aristocratic privilege, or economic necessity? Both probably. There are going to be far more Levites than there will be jobs available; plus there will be Levites with "blemishes" - a hare-lip or a wart on the nose perhaps, autism or Down's Syndrome even - who will not be able or permitted to serve in even the most menial of chores related to the Mishkan; but being of the Levitical caste they cannot simply go out into the ordinary world and soldier or serve in the store or become accountants. And at the same time, this allows the whole caste to provide itself with home-grown fruit and vegetables, the leisure activity of gardening, milk and meat too, whether for the days when the number of sacrifices happens to be low, or when someone has clutched the horns of the altar and has to be fed. So, yes - both.


35:4 U MIGRESHEY HE ARIM ASHER TITNU LA LEVIYIM MI KIR HA IR VA CHUTSAH ELEPH AMAH SAVIV

וּמִגְרְשֵׁי הֶעָרִים אֲשֶׁר תִּתְּנוּ לַלְוִיִּם מִקִּיר הָעִיר וָחוּצָה אֶלֶף אַמָּה סָבִיב

KJ: And the suburbs of the cities, which ye shall give unto the Levites, shall reach from the wall of the city and outward a thousand cubits round about.

BN: And the open land about the cities, which you shall give to the Leviyim, shall be from the wall of the city outwards, a thousand cubits round about.


AMAH: A cubit is 17.75 inches (1ft 5¾ ins).

SAVIV: Which is to say the entire circle surrounding the city wall will be Levitical Green Belt. How will the tribes react to this? It is the closest and most convenient land to the town, which would give it high value in today's world. It also prevents the expansion of cities, because any suburb built by the ordinary of Yisra-El can only begin beyond that. It is a useful means of providing entry and access control to the city. It is also the place where an enemy would set a siege, and this will render it holy ground, which is likely to be a deterrent of some sort to at least some of the more superstitious, whether of Yisra-El or otherwise.

On the other hand, in this world of war, in which besieging cities is commonplace, the Leviyim might themselves be unhappy that their lands will be the site of the siege-engines, their crops and animals quickly destroyed or taken, their own homes the immediate point of assault...

Again, look at the texts of Ezra and Nechem-Yah where this is specifically described at the time of the rebuilding after the return from Babylonian exile in the 5th and 4th centuries BCE.


35:5 U MADOTEM MI CHUTS LA IR ET PE'AT KEDMAH ALPAYIM BA AMAH VE ET PE'AT NEGEV ALPAYIM BA AMAH VE ET PE'AT YAM ALPAYIM BA AMAH VE ET PE'AT TSAPHON ALPAYIM BA AMAH VE HA IR BA TAVECHA ZEH YIHEYEH LAHEM MIGRESHEY HE ARIM

וּמַדֹּתֶם מִחוּץ לָעִיר אֶת פְּאַת קֵדְמָה אַלְפַּיִם בָּאַמָּה וְאֶת פְּאַת נֶגֶב אַלְפַּיִם בָּאַמָּה וְאֶת פְּאַת יָם אַלְפַּיִם בָּאַמָּה וְאֵת פְּאַת צָפוֹן אַלְפַּיִם בָּאַמָּה וְהָעִיר בַּתָּוֶךְ זֶה יִהְיֶה לָהֶם מִגְרְשֵׁי הֶעָרִים

KJ: And ye shall measure from without the city on the east side two thousand cubits, and on the south side two thousand cubits, and on the west side two thousand cubits, and on the north side two thousand cubits; and the city shall be in the midst: this shall be to them the suburbs of the cities.

BN: And you shall measure outside the city to the east side two thousand cubits, and to the south side two thousand cubits, and to the west side two thousand cubits, and to the north side two thousand cubits, the city being in the middle. This shall be open land for them around the cities.


MIGRESHEY HE ARIM: The previous verse explicitly stated one thousand; but this is just as explicitly saying two thousand. It can't be both. Am I mis-reading it? Or is this the concept of "suburb" as I described it in my note to the previous verse: the city kept small, with a surrounding wall, then the Levitical land, and then the migrashim, small villages that grow up in the immediate surrounds, providing homes to those  who serve the city. And from this the idea of a sub-urb. If this is correct, it helps us explain the difference between the MIGRASHIM, the CHATSEROT and the KERAYOT. CHATSEROT are generally villages in rural areas, detached from towns; KERAYOT are stand-alone towns, but unwalled, and not large or significant enough to be called ARIM (IR = "city"). So, to give a mediaeval example, the square mile of London within the Roman wall was an IR, Redcliff and Spitalfields, immediately beyond the eastern wall, but under the authority of the Tower of London which shadowed it, would have been MIGRASHIM. Stepney and White Chapel and Bethnal Green would have been CHATSEROT, but Barking, which had one of the major abbeys in the country and a huge town serving it, would have been a KERIYAH.


35:6 VE ET HE ARIM ASHER TITNU LA LEVIYIM ET SHESH AREY HA MIKLAT ASHER TITNU LANUS SHAMAH HA ROTSE'ACH VA ALEYHEM TITNU ARBA'IM U SHETAYIM IR

וְאֵת הֶעָרִים אֲשֶׁר תִּתְּנוּ לַלְוִיִּם אֵת שֵׁשׁ עָרֵי הַמִּקְלָט אֲשֶׁר תִּתְּנוּ לָנֻס שָׁמָּה הָרֹצֵחַ וַעֲלֵיהֶם תִּתְּנוּ אַרְבָּעִים וּשְׁתַּיִם עִיר

KJ: And among the cities which ye shall give unto the Levites there shall be six cities for refuge, which ye shall appoint for the manslayer, that he may flee thither: and to them ye shall add forty and two cities.

BN: And the cities which you shall give to the Leviyim shall be the six cities of refuge, which you shall establish so that a person who commits manslaughter may flee there; and beside these you shall give forty-two cities.


Making 48 in all, 4 per tribe, but only half the tribes have to create the Miklatim (shelters).

Note that the cities are not named, nor the tribal areas in which they should be. Having a refuge city in your tribal area gives you status, so a deity wanting to establish a balanced and cooperative society would surely have insisted on one in every tribal region? Naming the cities, on the other hand, requires conquering them, and this still has to happen, and who can say what the divine plan has in mind for conquest until the moment after it has happened? In the event the six will be
"Kedesh in the Galil on Mount Naphtali, and Shechem on Mount Ephrayim, and Kiryat Arba, which is Chevron, on the mountain of Yehudah; and on the other side of the Yarden, east of Yericho, they assigned Betser in the wilderness, on the plain, from the tribe of Re'u-Ven, and Ramot in Gil'ad from the tribe of Gad, and Golan in Ha Bashan from the tribe of Menasheh." (Joshua 20:7/8). See verse 14, below, for more detail and a map.


35:7 KOL HE ARIM ASHER TITNU LA LEVIYIM ARBA'IM U SHEMONAH IR ET'HEN VE ET MIGRESHEYHEN

כָּל הֶעָרִים אֲשֶׁר תִּתְּנוּ לַלְוִיִּם אַרְבָּעִים וּשְׁמֹנֶה עִיר אֶתְהֶן וְאֶת מִגְרְשֵׁיהֶן

KJ: So all the cities which ye shall give to the Levites shall be forty and eight cities: them shall ye give with their suburbs.

BN: The total number of cities that you shall give to the Leviyim shall be forty-eight: these you shall give, with the open land surrounding them.


35:8 VE HE ARIM ASHER TITNU MEY ACHUZAT BENEY YISRA-EL ME ET HA RAV TARBU U ME ET HA ME'AT TAM'IYTU ISH KE PHI NACHALATO ASHER YINCHALO YITEN ME ARAV LA LEVIYIM

וְהֶעָרִים אֲשֶׁר תִּתְּנוּ מֵאֲחֻזַּת בְּנֵי יִשְׂרָאֵל מֵאֵת הָרַב תַּרְבּוּ וּמֵאֵת הַמְעַט תַּמְעִיטוּ אִישׁ כְּפִי נַחֲלָתוֹ אֲשֶׁר יִנְחָלוּ יִתֵּן מֵעָרָיו לַלְוִיִּם

KJ: And the cities which ye shall give shall be of the possession of the children of Israel: from them that have many ye shall give many; but from them that have few ye shall give few: every one shall give of his cities unto the Levites according to his inheritance which he inheriteth.

BN: And as to the cities which you shall give, out of the possession of the Beney Yisra-El, from the many you shall take many, and from the few you shall take few; each tribe according to its inheritance which it inherits shall give of its cities to the Leviyim.


In other words: down to you to conquer your own tribal area, and what you get is shared out with the Leviyim in the stipulated manner; and what you don't get...

pey break


35:9 VA YEDABER YHVH EL MOSHEH LEMOR

וַיְדַבֵּר יְהוָה אֶל מֹשֶׁה לֵּאמֹר

KJ: And the LORD spake unto Moses, saying,

BN: Then YHVH spoke to Mosheh, saying:


35:10 DABER EL BENEY YISRA-EL VE AMARTA ALEYHEM KI ATEM OVRIM ET HA YARDEN ARTSAH KENA'AN

דַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל וְאָמַרְתָּ אֲלֵהֶם כִּי אַתֶּם עֹבְרִים אֶת הַיַּרְדֵּן אַרְצָה כְּנָעַן

KJ: Speak unto the children of Israel, and say unto them, When ye be come over Jordan into the land of Canaan;

BN: Speak to the Beney Yisra-El, and say to them: "When you cross over the Yarden into the land of Kena'an...


OVRIM: Once again the word used is the one that also gives IVRIM, "Hebrews".


35:11 VE HIKRIYTEM LACHEM ARIM AREY MIKLAT TIHEYEYNAH LACHEM VE NAS SHAMAH ROTSE'ACH MAKEH NEPHESH BI SHEGAGAH

וְהִקְרִיתֶם לָכֶם עָרִים עָרֵי מִקְלָט תִּהְיֶינָה לָכֶם וְנָס שָׁמָּה רֹצֵחַ מַכֵּה נֶפֶשׁ בִּשְׁגָגָה

KJ: Then ye shall appoint you cities to be cities of refuge for you; that the slayer may flee thither, which killeth any person at unawares.

BN: Then you shall establish cities to be cities of refuge for you, that any man who kills any person in a moment of madness or by accident may flee there.


SHEGAGAH: I have commented on this before, I know - the word has come up several times before: Leviticus 4:2 and 22:14, for example, also Numbers 15:25, several others... my notes on this are at Leviticus 4:27. In modern Ivrit there is SHEGI'AH (שְׁגִיאָה), which is an "error" or "mistake", and there is SHIG'AON (שִׁגָעוֹן) which is "madness" (see Psalm 7); both begin Sheen-Gimmel (שג), but one then has an Aleph (א) where the other has an Ayin (ע), which tells us that they come from different roots, despite the apparent similarity of sound as well as meaning. But the word in this verse is neither of them; it is SHEGAGAH, from the root SHAGAG, which means "to wander", and is obviously being used here in the metaphorical sense. Translating it as "unintentional" is extremely vague; the intention is a manslaughter carried out in a moment of insanity, of lost control, or even by accident, as opposed to deliberate and premeditated murder, and more especially, as opposed to the Go'el, which requires no Miklat; the unintentional killer becomes subject to the Go'el before he becomes subject to the law, so it is from the Go'el that he is obtaining refuge, not from the police or the courts. The next verse confirms this.


35:12 VE HAYU LACHEM HE ARIM LE MIKLAT MI GO'EL VE LO YAMUT HA ROTSE'ACH AD AMDO LIPHNEY HA EDAH LA MISHPAT

וְהָיוּ לָכֶם הֶעָרִים לְמִקְלָט מִגֹּאֵל וְלֹא יָמוּת הָרֹצֵחַ עַד עָמְדוֹ לִפְנֵי הָעֵדָה לַמִּשְׁפָּט

KJ: And they shall be unto you cities for refuge from the avenger; that the manslayer die not, until he stand before the congregation in judgment.

BN: And the cities shall serve you as a refuge from the Go'el, so that he who commits manslaughter does not die until he stands before the congregation for judgment.


The law of the Go'el makes it a blood-feud when one of your family is killed, and you become the "avenger of blood", whose duty is to to take revenge by killing the killer. But this law puts a fence around the law of the Go'el, by providing a place of refuge where the "blood-vengeance" is prohibited. We can also draw from this the inference that, if you have killed someone in cold blood, planned and pre-meditated, the law of the Miklat does not apply to you; but the law of the Go'el does. That inference will become explicit in verse 16.


35:13 VE HE ARIM ASHER TITNU SHESH AREY MIKLAT TIHEYENAH LACHEM

וְהֶעָרִים אֲשֶׁר תִּתֵּנוּ שֵׁשׁ עָרֵי מִקְלָט תִּהְיֶינָה לָכֶם

KJ: And of these cities which ye shall give six cities shall ye have for refuge.

BN: And as to the cities which you shall give, there shall be six cities of refuge for you.


Odd that this instruction should have been given, slightly differently, just a handful of verses ago - do we yet again have two versions badly merged? The verse below is very specific that the two-and-a-half tribes outside the main portion of Yisra-El should have three of these; which means, in effect, you are fleeing the country not just the scene of the crime.


35:14 ET SHELOSH HE ARIM TITNU ME EVER LA YARDEN VE ET SHELOSH HE ARIM TITNU BE ERETS KENA'AN AREY MIKLAT TIHEYENAH

אֵת שְׁלֹשׁ הֶעָרִים תִּתְּנוּ מֵעֵבֶר לַיַּרְדֵּן וְאֵת שְׁלֹשׁ הֶעָרִים תִּתְּנוּ בְּאֶרֶץ כְּנָעַן עָרֵי מִקְלָט תִּהְיֶינָה


KJ: Ye shall give three cities on this side Jordan, and three cities shall ye give in the land of Canaan, which shall be cities of refuge.

BN: You shall establish three of these cities beyond the Yarden, and you shall establish three cities in the land of Kena'an; they shall be cities of refuge.


With only two and a half tribes beyond the Yarden, but nine and a half inside Kena'an, this feels like an imbalance; on the other hand, it creates better options for running for those inside Kena'an; get across the Yarden and you are in a different political as well as geographical area.

As per my notes at verse 6, the cities (underlined on the map) chosen as Miklatim 
inside Kena'an would be Kedesh (in Naphtali), Shechem (in west Menasheh) and Chevron (in Yehudah), with Golan (in east Menasheh), Ramot Gil'ad (at the north-eastern tip of Gad), and Betser (in Re'u-Ven) on the east bank of the Yarden. They were strategically chosen so that anyone living in Yisra-El, including strangers (see Joshua 20:9), could flee to them for refuge within a day or less. Deuteronomy 4:43 also institutes the refuge cities, but only the three east of the Yarden are specifically named.


35:15 LIVNEY YISRA-EL VE LA GER VE LA TOSHAV BETOCHAM TIHEYENA SHESH HE ARIM HA ELEH LE MIKLAT LANUS SHAMAH KOL MAKEH NEPHESH BI SHEGAGAH

לִבְנֵי יִשְׂרָאֵל וְלַגֵּר וְלַתּוֹשָׁב בְּתוֹכָם תִּהְיֶינָה שֵׁשׁ הֶעָרִים הָאֵלֶּה לְמִקְלָט לָנוּס שָׁמָּה כָּל מַכֵּה נֶפֶשׁ בִּשְׁגָגָה

KJ: These six cities shall be a refuge, both for the children of Israel, and for the stranger, and for the sojourner among them: that every one that killeth any person unawares may flee thither.

BN: For the Beney Yisra-El, and for the stranger, and for he who has settled among them, these six cities shall be for refuge, that anyone who kills any person unintentionally may flee there.


35:16 VE IM BI CHLI VARZEL HIKAHU VA YAMAT ROTSE'ACH HU MOT YUMAT HA ROTSE'ACH

וְאִם בִּכְלִי בַרְזֶל הִכָּהוּ וַיָּמֹת רֹצֵחַ הוּא מוֹת יוּמַת הָרֹצֵחַ

KJ: And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death.

BN: But if he smote him with an instrument of iron, so that he died, he is a murderer; the murderer shall surely be put to death.


Though even then there may be mitigating circumstances - attacked, and with nothing else available for self-defense... however, the statement here is about the ROTSE'ACH, not the possible SHEGAGAH, and it clarifies any outstanding questions over Exodus 20:13, LO TIRTSACH: Do not kill. In self-defense, for food, an irritating fly on the window, a rabid dog that needs to be put down; yes, all of these are acts of "killing", but permissible. ROTSE'ACH is "murder".


35:17 VE IM BE EVEN YAD ASHER YAMUT BAH HIKAHU VA YAMOT ROTSE'ACH HU MOT YUMAT HA ROTSE'ACH

וְאִם בְּאֶבֶן יָד אֲשֶׁר יָמוּת בָּהּ הִכָּהוּ וַיָּמֹת רֹצֵחַ הוּא מוֹת יוּמַת הָרֹצֵחַ

KJ: And if he smite him with throwing a stone, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death.

BN: And if he smote him with a stone in the hand, by which a man may die, and he died, he is a murderer; the murderer shall surely be put to death.


Which conflicts with the tale of Kayin and Havel in Genesis 4; there, Kayin is condemned (Genesis 4:12) to being "a fugitive and a vagabond", which (v 14) he complains will lave him open to "whoever finds me will kill me", and the protective "mark" (verse 15) "so that anyone who found him would know not to smite him." Is there an inference that Kayin's mark was an early equivalent of the refuge city, and given him because he killed Kayin in a moment of "shegagah"? 


35:18 O BI CHLI ETS YAD ASHER YAMUT BO HIKAHU VA YAMAT ROTSE'ACH HU MOT YUMAT HA ROTSE'ACH

אוֹ בִּכְלִי עֵץ יָד אֲשֶׁר יָמוּת בּוֹ הִכָּהוּ וַיָּמֹת רֹצֵחַ הוּא מוֹת יוּמַת הָרֹצֵחַ

KJ: Or if he smite him with an hand weapon of wood, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death.

BN: Or if he smote him with a weapon of wood in his hand, by which a man may die, and he died, he is a murderer; the murderer shall surely be put to death.


35:19 GO'EL HA DAM HU YAMIT ET HA ROTSE'ACH BE PHIG'O VO HU YEMITENU

גֹּאֵל הַדָּם הוּא יָמִית אֶת הָרֹצֵחַ בְּפִגְעוֹ בוֹ הוּא יְמִתֶנּוּ

KJ: The revenger of blood himself shall slay the murderer: when he meeteth him, he shall slay him.

BN: The Go'el shall himself put the murderer to death; when he meets him, he shall put him to death.


The inference of this is that he who killed is sentenced to death by the court, but the Go'el still stands; he who killed is not put to death by the court, but he is now denied Miklat, so the Go'el can be carried out.


35:20 VE IM BE SIN'AH YEHEDAPHENU O HISHLICH ALAV BITSDIYAH VA YAMOT

וְאִם בְּשִׂנְאָה יֶהְדֳּפֶנּוּ אוֹ הִשְׁלִיךְ עָלָיו בִּצְדִיָּה וַיָּמֹת

KJ: But if he thrust him of hatred, or hurl at him by laying of wait, that he die;

BN: And if he thrust at him in hatred, or hurled anything at him, lying in wait, so that he died...


VE: King James and others translate this as "but"; but it is very definitely "and" on this occasion; the legal statute is providing "whereas" alternatives, a list of circumstances that distinguish ROTSE'ACH from SHEGAGAH.

YEHEDAPHENU: Or possibly YEHDAPHENU; the double sheva makes this difficult to read. Normally a sheva at the end of a syllable is silent, but vocalised at the beginning or in mid-syllable. But here there are two, one under the Hey, at the end of the syllable, and so silent, one under the Dalet, which is the start of a syllable, and therefore pronounced. But the dalet also has a kamets, which makes it appear that the second sheva is an error.

HISHLICH ALAV: This would also include the person, even a police officer or other official person, who "framed" an innocent person, leading to their having the death sentence pronounced. If it then became known that the victim had been "framed", the perpetrator would be guilty of HISHLICH ALAV, and receive the same outcome.


35:21 O VE EYVAH HIKAHU VE YADO VA YAMOT MOT YUMAT HA MAKEH ROTSE'ACH HU GO'EL HA DAM YAMIT ET HA ROTSE'CH BE PHIG'O VO

אוֹ בְאֵיבָה הִכָּהוּ בְיָדוֹ וַיָּמֹת מוֹת יוּמַת הַמַּכֶּה רֹצֵחַ הוּא גֹּאֵל הַדָּם יָמִית אֶת הָרֹצֵחַ בְּפִגְעוֹ בוֹ

KJ: Or in enmity smite him with his hand, that he die: he that smote him shall surely be put to death; for he is a murderer: the revenger of blood shall slay the murderer, when he meeteth him.

BN: Or in enmity smote him with his hand, that he died; he that smote him shall surely be put to death: he is a murderer; the avenger of blood shall put the murderer to death when he meets him.


An eye for an eye, a tooth for a tooth, and a Go'el for a Go'el. It is entirely logical.


35:22 VE IM BE PHETA BE LO AYVAH HADAPHO O HISHLIYCH ALAV KOL KELI BE LO TSEDIYAH

וְאִם בְּפֶתַע בְּלֹא אֵיבָה הֲדָפוֹ אוֹ הִשְׁלִיךְ עָלָיו כָּל כְּלִי בְּלֹא צְדִיָּה

KJ: But if he thrust him suddenly without enmity, or have cast upon him any thing without laying of wait,

BN: But if he thrust at him suddenly, without enmity, or hurled anything at him without lying in wait...


Even random killing, anonymous stranger killing anonymous stranger, perhaps through mental deficiency...


35:23 O VE CHOL EVEN ASHER YAMUT BAH BE LO RE'OT VA YAPEL ALAV VA YAMOT VE HU LO OYEV LO VE LO MEVAKESH RA'ATO

אוֹ בְכָל אֶבֶן אֲשֶׁר יָמוּת בָּהּ בְּלֹא רְאוֹת וַיַּפֵּל עָלָיו וַיָּמֹת וְהוּא לֹא אוֹיֵב לוֹ וְלֹא מְבַקֵּשׁ רָעָתוֹ

KJ: Or with any stone, wherewith a man may die, seeing him not, and cast it upon him, that he die, and was not his enemy, neither sought his harm:

BN: Or with any stone, by which a man may die, not seeing him, but it dropped on him, so that he died, and he was not his enemy, nor sought his harm...


The KJ, and most other translations that say "cast" or "throw", surely know that 
YAPEL doesn't mean "throw", but "fall", and here in the Hiphil, and therefore "drop". Cast and throw don't make any sense anyway: how do you accidentally throw a stone at an anonymous passing stranger, and so hard that it kills him? A fast bowler, and the stone a cricket ball? David knew exactly what he was doing when he took out Gol-Yat. No, much more likely this is the guys on the building site, removing the old stone roof and throwing the pieces down to their colleagues who are loading them on the donkey for removal...


35:24 VE SHAPHTU HA EDAH BEYN HA MAKEH U VEYN GO'EL HA DAM AL HA MISHPATIM HA ELEH

וְשָׁפְטוּ הָעֵדָה בֵּין הַמַּכֶּה וּבֵין גֹּאֵל הַדָּם עַל הַמִּשְׁפָּטִים הָאֵלֶּה

KJ: Then the congregation shall judge between the slayer and the revenger of blood according to these judgments:

BN: Then the congregation shall judge between the murderer and the avenger of blood according to these ordinances.


If the congregation is doing the judging, does that mean a jury in a court of law? The modern idea of juries is that "twelve good men and true" serve as representatives of the entire community, so what they determine stands for everyone.

The point of the sentence being also the point of the list above: there is an absolute obligation to determine motive, circumstance, context etc, before a distinction can be made between ROTSE'ACH and SHEGAGAH, which is why there need to be refuge cities. There is an interesting discussion to be had, comparing this system to the completely failed remand system that we use today; though I guess it could be argued that this is what the system of "bail" is intended to achieve.


35:25 VE HITSIYLU HA EDAH ET HA ROTSE'ACH MI YAD GO'EL HA DAM VE HESHIYVU OTO HA EDAH EL IR MIKLAT ASHER NAS SHAMAH VA YASHAV BAH AD MOT HA KOHEN HA GADOL ASHER MASHACH OTO BE SHEMEN HA KODESH

וְהִצִּילוּ הָעֵדָה אֶת הָרֹצֵחַ מִיַּד גֹּאֵל הַדָּם וְהֵשִׁיבוּ אֹתוֹ הָעֵדָה אֶל עִיר מִקְלָטוֹ אֲשֶׁר נָס שָׁמָּה וְיָשַׁב בָּהּ עַד מוֹת הַכֹּהֵן הַגָּדֹל אֲשֶׁר מָשַׁח אֹתוֹ בְּשֶׁמֶן הַקֹּדֶשׁ

KJ: And the congregation shall deliver the slayer out of the hand of the revenger of blood, and the congregation shall restore him to the city of his refuge, whither he was fled: and he shall abide in it unto the death of the high priest, which was anointed with the holy oil.

BN: Then the congregation shall deliver the man who has committed manslaughter out of the hand of the avenger of blood, and the congregation shall restore him to his city of refuge, to which he had fled; and he shall dwell there until the death of the Kohen ha Gadol, who was anointed with the holy oil.


This last is quite extraordinary. The man is acquitted, but he still has to return to the Miklat, not his own home, presumably because there is a chance that the Go'el will not accept the court's decision and will seek his revenge anyway. But the man is only protected in the Miklat until the death of the Kohen ha Gadol, which could be the next day or it could be decades. How is this justice? And what happens to his wife and family in the meanwhile? And what happens after the Kohen ha Gadol dies? (see verse 28).


35:26 VE IM YATS'O YETS'E HA ROTSE'ACH ET GEVUL IR MIKLATO ASHER YANUS SHAMAH

וְאִם יָצֹא יֵצֵא הָרֹצֵחַ אֶת גְּבוּל עִיר מִקְלָטוֹ אֲשֶׁר יָנוּס שָׁמָּה

KJ: But if the slayer shall at any time come without the border of the city of his refuge, whither he was fled;

BN: But if the man who committed manslaughter shall at any time go beyond the border of his city of refuge, to which he has fled...


35:27 U MATSA OTO GO'EL HA DAM MI CHUTS LIGVUL IR MIKLAT VE RATSACH GO'EL HA DAM ET HA ROTSE'ACH EYN LO DAM

וּמָצָא אֹתוֹ גֹּאֵל הַדָּם מִחוּץ לִגְבוּל עִיר מִקְלָטוֹ וְרָצַח גֹּאֵל הַדָּם אֶת הָרֹצֵחַ אֵין לוֹ דָּם

KJ: And the revenger of blood find him without the borders of the city of his refuge, and the revenger of blood kill the slayer; he shall not be guilty of blood:

BN: And the avenger of blood finds him beyond the borders of his city of refuge, and the avenger of blood slays the man who committed manslaughter, there shall be no blood-guilt upon him.


Which ruling upholds the Go'el over the scales of justice.

And renders it the precise reverse of the Mark of Kayin (see my notes at verse 17). Kayin wanders throughout the world, protected by the Mark; the manslaughterer dares not leave the Miklat, because the Mark is only valid there.


35:28 KI VE IR MIKLAT YESHEV AD MOT HA KOHEN HA GADOL VA ACHAREY MOT HA KOHEN HA GADOL YASHUV HA ROTSE'ACH EL ERETS ACHUZATO

כִּי בְעִיר מִקְלָטוֹ יֵשֵׁב עַד מוֹת הַכֹּהֵן הַגָּדֹל וְאַחֲרֵי מוֹת הַכֹּהֵן הַגָּדֹל יָשׁוּב הָרֹצֵחַ אֶל אֶרֶץ אֲחֻזָּתוֹ

KJ: Because he should have remained in the city of his refuge until the death of the high priest: but after the death of the high priest the slayer shall return into the land of his possession.

BN: Because he must remain in his city of refuge until the death of the Kohen ha Gadol; but after the death of the Kohen ha Gadol the man who committed manslaughter may return to the land of his possession.


And the Go'el still applies, or the Go'el is now removed?

And then there is the concept, given here, of a KOHEN HA GADOL. Though I have used the term repeatedly in these commentaries, and done so because his status as High Priest has been "understood" since time immemorial, there is no text at all in which either Aharon or El-Azar, or any other Kohen through King David's time, was ever recorded with such a title (click here for all the references that there are to Aharon in his "priestly" role; those that say "High Priest" are all post-Torah). Clearly both Aharon and El-Azar had that role, but without the official title. Presumably it was created in the Second Temple period, again providing us with clear documentary proof that the text we have is not Mosaic in origin.


35:29 VE HAYU ELEH LACHEM LE CHUKAT MISHPAT LE DOROTEYCHEM BE CHOL MOSHVOTEYCHEM

וְהָיוּ אֵלֶּה לָכֶם לְחֻקַּת מִשְׁפָּט לְדֹרֹתֵיכֶם בְּכֹל מוֹשְׁבֹתֵיכֶם

KJ: So these things shall be for a statute of judgment unto you throughout your generations in all your dwellings.

BN: And these things shall be a legal statute for you, throughout your generations, and wherever you live.


35:30 KOL MAKEH NEPHESH LE PHI EDIM YIRTSACH ET HA ROTSE'ACH VE ED ECHAD LO YA'ANEH VE NEPHESH LAMOT

כָּל מַכֵּה נֶפֶשׁ לְפִי עֵדִים יִרְצַח אֶת הָרֹצֵחַ וְעֵד אֶחָד לֹא יַעֲנֶה בְנֶפֶשׁ לָמוּת

KJ: Whoso killeth any person, the murderer shall be put to death by the mouth of witnesses: but one witness shall not testify against any person to cause him to die.

BN: Whoever kills any person, the murderer shall be slain on the word of witnesses; but one witness testifying against any person will not be sufficient for the death penalty.


35:31 VE LO TIK'CHU CHOPHER LE NEPHESH ROTSE'ACH ASHER HU RASHA LAMOT KI MOT YUMAT

וְלֹא תִקְחוּ כֹפֶר לְנֶפֶשׁ רֹצֵחַ אֲשֶׁר הוּא רָשָׁע לָמוּת כִּי מוֹת יוּמָת

KJ: Moreover ye shall take no satisfaction for the life of a murderer, which is guilty of death: but he shall be surely put to death.

BN: Moreover you shall take no ransom for the life of a murderer; he who is guilty of death shall surely be put to death.


"Ransom" in the sense of buying your way out of the death-sentence. An odd concept to us, but it was standard practice around the world until very recent times.


35:32 VE LO TIK'CHU CHOPHER LANUS EL IR MIKLAT LASHUV LASHEVET BA ARETS AD MOT HA KOHEN

וְלֹא תִקְחוּ כֹפֶר לָנוּס אֶל עִיר מִקְלָטוֹ לָשׁוּב לָשֶׁבֶת בָּאָרֶץ עַד מוֹת הַכֹּהֵן

KJ: And ye shall take no satisfaction for him that is fled to the city of his refuge, that he should come again to dwell in the land, until the death of the priest.

BN: And you shall take no ransom for he who has fled to his city of refuge, that he might return to his homeland before the death of the priest.


But presumably the man's wife and children can come and join him in the city of refuge, and he can live a normal life in the city. I state this because, in folk-lore, we seem to have a sense of a man clutching the horns of the altar, in fear that he will be killed the moment he lets go. But no, once the court has confirmed his status, he is free to live a normal life inside the city; the whole walled city is his place of refuge, and no one gets in or out without crossing Levitical land.


35:33 VE LO TACHANIYPHU ET HA ARETS ASHER ATEM BAH KI HA DAM HU YACHANIPH ET HA ARETS VE LA ARETS LO YECHUPAR LA DAM ASHER SHUPACH BAH KI IM BE DAM SHOPHCHU

וְלֹא תַחֲנִיפוּ אֶת הָאָרֶץ אֲשֶׁר אַתֶּם בָּהּ כִּי הַדָּם הוּא יַחֲנִיף אֶת הָאָרֶץ וְלָאָרֶץ לֹא יְכֻפַּר לַדָּם אֲשֶׁר שֻׁפַּךְ בָּהּ כִּי אִם בְּדַם שֹׁפְכוֹ

KJ: So ye shall not pollute the land wherein ye are: for blood it defileth the land: and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it.

BN: So you shall not pollute the land in which you live. For blood pollutes the land; and no expiation can be made for the land for the blood that is shed in it, but only by the blood of he who shed it.


Everything comes back to blood eventually in the Jewish world! The death penalty, as created here, is really just another purification ritual, for everyone concerned, and even for the soil on which the event took place.


35:34 VE LO TETAM'E ET HA ARETS ASHER ATEM YOSHVIM BAH ASHER ANI SHOCHEN BETOCHAH KI ANI YHVH SHOCHEN BETOCH BENEY YISRA-EL

וְלֹא תְטַמֵּא אֶת הָאָרֶץ אֲשֶׁר אַתֶּם יֹשְׁבִים בָּהּ אֲשֶׁר אֲנִי שֹׁכֵן בְּתוֹכָהּ כִּי אֲנִי יְהוָה שֹׁכֵן  בְּתוֹךְ בְּנֵי יִשְׂרָאֵל

KJ: Defile not therefore the land which ye shall inhabit, wherein I dwell: for I the LORD dwell among the children of Israel.

BN: Do not defile the land which you inhabit, in the midst of which I dwell; for I, YHVH, dwell in the midst of the Beney Yisra-El.


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