“You shall designate cities for yourselves; they shall be Cities of Refuge for you, and a murderer who killed a person unintentionally shall flee there” Bamidbar (Numbers) 35:11
As Am Yisrael is about to enter the Promised Land, Moshe is instructed to designate six “cities of refuge,” three on each side of the Jordan river, to which anyone who accidentally kills a person can escape. The purpose of such cities is to provide refuge, where the killer will be safe from being killed by a blood relative of the dead.
The vengeance of blood (or blood revenge) was a central concept in justice systems across the Ancient Near East. It refers to the right or duty of a family member to avenge the killing of a relative—usually through killing the murderer. This practice shaped legal codes, tribal customs, and religious thought in many ancient cultures.
The Code of Hammurabi (18th century BCE), for instance, includes provisions for blood vengeance. In case someone kills another, the victim’s family could put that person to death. Retribution, in this Code, was based on lex talionis, “an eye for an eye.” Blood vengeance was also present in Hittite, Ugarit and Canaanite as well as in the ancient Hebrew laws.
However, as Lord Rabbi Sacks explains, in early societies, where blood vengeance was practiced, “there was a concern that people would take the law into their own hands,” which “would begin a cycle of vengeance and retaliation,” where, “one revenge-killing leading to another and another, until the community had been decimated.”
In order to prevent unjust violence, it was, therefore, important to distinguish between murder, a deliberate killing and manslaughter, unintentional death.
Over time, Ancient Near Eastern Societies, such as those mentioned above, moved toward a centralized legal system which distinguished between these two forms of killings. It gradually restricted blood vengeance as well as allowing kings and temples to assume more authority in criminal justice. Additionally, legal codes ( e.g.,Hammurabi, Mosaic law) attempted to channel vengeance through regulated procedures or sanctuary laws and permitted compensation in the form of monetary payment in place of blood revenge.
While the notion of sanctuary or places of refuge which are one of the themes in this week’s Parasha, Masei, also existed in Mesopotamian societies, these were mostly confined to religious sites. The formalized, legalistic system of the Mosaic Cities of Refuge, though, is a distinct development. They did not have solely religious and legal importance; they also had moral and symbolic significance.
Firstly, these cities did not only provide protection from vengeance, mostly for the accidental killer from the blood avenger who could seek retribution. They also prevented further bloodshed and more killings.
Secondly, legally, the Mosaic concept provided due process. Although the main purpose of cities of refuge was to protect the accidental killer, in practice, murderers who killed intentionally went there as well (Talmud, Makkot 9b and 12a). Upon arriving in the City of Refuge, the court sent messengers to escort that person while, also, acting as his bodyguards and bring him in for a hearing. If the judges decreed that the murder was intentional, the verdict would be accordingly. However, if the judges ruled that his act of killing was unintentional, the messengers would accompany him back to the city of refuge for a mandatory stay. So long as the killers remained within the city limits, they were protected by law. They had to remain there until the death of the High Priest.
The mandatory stay in the City of Refuge is aimed at teaching a symbolic and spiritual lesson. The symbolic exile to a City of Refuge suggests a form of penance and moral reflection. It is aimed to tell us that even unintentional death is serious and requires atonement and rehabilitation. According to Ramba”n, it is a means to carry out Divine justice.Taking a life, he suggests, whether intentional or not, upsets the moral balance of the world.
The spirtual lesson relates to the revered status of the High Priest who represented the collective soul of the People. His death, which provided communal atonement and allowed the killer to leave the city, stressed the High Priest’s spiritual role for the nation.
Midrash takes the importance of the role of the City of Refuge even one step higher. It explicitly compares the City of Refuge to Torah. “Just as the Cities of Refuge save lives, so, too, does Torah.”Midrash Tanhuma Buber (Appendix to Va’Etchanan,4). In other words, just as someone, who accidentally killed someone, could find safety in a City of Refuge, engaging with Torah provides spiritual refuge, protection and healing.
It is noteworthy to mention that to ensure the clear and open access to justice, Talmud stresses the importance of precise and well marked signage to cities of refuge. “The roads to the Cities of Refuge were to be well-maintained and signposted….” (Makkot, 9b-10a). Likewise, Mishneh Torah, Hilchot Rotzeach u’Shmirat Nefesh (law of Murder and Protection of Life) where Ramba”m codifies the laws of the cities of refuge, he writes: “The court must prepare and repair the roads leading to the Cities of Refuge…They must build bridges, remove obstacles, and post signs: ‘Miklat (refuge)! Miklat!’ so that no one errs on the way. (Hilchot Rotzeach 8:5).
The sanctity of life is of utmost importance in the Torah and Jewish tradition. The Cities of Refuge reflect this value. They highlight the Torah’s underlying view of justice, combining accountability, compassion and restorative principles. They offer a deeply humane approach to dealing with bloodshed, tragedy, moral responsibility, spiritual growth and societal healing.