Refuge for the Israelite and Stranger Alike (Joshua 20:9)

Joshua 20:9

King James Version (KJV)

⁹ These were the cities appointed for all the children of Israel, and for the stranger that sojourneth among them, that whosoever killeth any person at unawares might flee thither, and not die by the hand of the avenger of blood, until he stood before the congregation.

Comments:

The laws regarding the cities of refuge cannot be considered completely unique for Israel. True, the cities belonged to the Levites, and the accidental manslayer was confined to a city until the death of the high priest; and the Israelite offices of Levite and high priest are now abolished. 

However, accidental manslaughter is a problem that all nations must deal with. And note, this text itself doesn't restrict the laws regarding the cities of refuge to Israelites; they protected non-Israelites living in Israel as well: "These were the cities appointed for all the children of Israel, and for the stranger that sojourneth among them." 

When nations today, then, weigh how to deal with manslaughter, they must carefully distinguish between laws regarding the cities of refuge that are abolished, and laws that are abiding.

In addition to giving us principles on how to deal with manslaughter, the cities of refuge also require us to consider the legitimacy of a change of trial venue. If the cities of refuge allow one to be tried by a local civil government that normally doesn't have jurisdiction over him, could there also be circumstances where this is warranted today?

Dealing with Manslaughter (Joshua 20:4-6)

Joshua 20:4-6

King James Version (KJV)

4 And when he that doth flee unto one of those cities shall stand at the entering of the gate of the city, and shall declare his cause in the ears of the elders of that city, they shall take him into the city unto them, and give him a place, that he may dwell among them.

5 And if the avenger of blood pursue after him, then they shall not deliver the slayer up into his hand; because he smote his neighbour unwittingly, and hated him not beforetime.

6 And he shall dwell in that city, until he stand before the congregation for judgment, and until the death of the high priest that shall be in those days: then shall the slayer return, and come unto his own city, and unto his own house, unto the city from whence he fled.

Comments:

The manslayer is granted a hearing with the elders of the city to defend his innocence. Note two important principles of application: the accused should always be allowed to speak on his own behalf (something that oppressive states don't necessarily permit), and his defense is considered by more than one person ("elders"). These elders are not women, but men; and one would expect them to be wise and discerning.

If the elders permit him to dwell among them, they are to provide him with a place to live. Perhaps then as we consider how to apply the equity of this law today, state-funded dwellings would be appropriate in similar circumstances. Note the freedom here—the manslayer is not to be kept in jail pending trial. 

The manslayer is to be protected, and not to be handed over to the avenger of blood. He is presumed innocent prior to trial. Note, then, that handing over an innocent man to appease a lynch mob is unbiblical. Jesus—Who was completely innocent of any sin whatsoever—was sinfully allowed by Pilate to be murdered to satisfy an angry crowd.

The manslayer dwells in the city "until he stand before the congregation for judgment." What is meant by "congregation"? We plan to address this in the future. 

Finally, the manslayer must dwell in that city "until the death of the high priest that shall be in those days: then shall the slayer return, and come unto his own city, and unto his own house, unto the city from whence he fled."

Even accidental manslaughter requires some degree of punishment. Sometimes, if not most of the time, accidental manslaughter is due to negligence. Here, the punishment requires the manslayer to live apart from his hometown until the death of the high priest.

While applying the punishment for accidental manslaughter cannot be the same of that of Israel (since the office of priest is no longer biblical), perhaps at least the manslayer should endure some sort of confinement to a local jurisdiction. That is, he could have freedom of movement within a certain jurisdiction (say, the size of a city), but could not go beyond the borders. (That the manslayer was not permitted to leave the city of refuge before the high priest's death is seen in Numbers 35:26-28.) This, by the way, is much more freedom of movement than house arrest.

Perhaps, too, the manslayer's dwelling/area of confinement should be some other location than his hometown. Joshua 20 assumes a scenario where the manslayer flees from his hometown "unto one of those cities." The punishment is certainly greater when one is confined to an area not his hometown. But it is also true that the possibility of blood feuds between the manslayer and the family of the slain are reduced when they live far apart.

Finally, how do we apply the death of the priest to today's circumstances? The earthly, Jewish priesthood is abolished in the New Covenant era. If remaining in the city until the death of the high priest has some equity, perhaps we can roughly estimate the average number of years a manslayer would have lived in a city of refuge by factoring in the age that one became a high priest, and the average life of an Israelite during those days.

Not sure if the Bible speaks to the former, but at least the latter would take historical research. (We stress calculating an average number of years since it was possible for the high priest to die anywhere between the very day of the manslayer's confinement, to decades from then.) If an average can be determined, then perhaps that number of years can be the sentence for manslaughter today. 

Refuge for the Unintentional Manslayer (Joshua 20:1-3)

Joshua 20:1-3

King James Version (KJV)

1The Lord also spake unto Joshua, saying,

2 Speak to the children of Israel, saying, Appoint out for you cities of refuge, whereof I spake unto you by the hand of Moses:

3 That the slayer that killeth any person unawares and unwittingly may flee thither: and they shall be your refuge from the avenger of blood.

Comments:

Cities of refuge were intended to provide a safe haven for those who unintentionally killed another. The need of a safe haven for those endangered by avengers seeking their life is a relevant principle for all nations. 

The concept of refuge/sanctuary has a rich history in Christian societies, and dates back to the days of the early church: 

The practice of allowing Christian churches to extend rights of protection to criminals and fugitives within their precincts is said to date from the time of Constantine's Edict of Toleration, 313 A. D. Undoubtedly the introduction of Christianity as the state religion, which soon followed, wrought a great change in regard to the right of asylum. The protection afforded by the Christian churches was greater than that given by imperial law to temples and statues. The custom of resorting to churches soon became well established in cases of wrongdoing, for when, in 392 A. D., Theodosius the Great made a law concerning church asylum, it was to explain and regulate the privilege. 

Fifty years later another Theodosius, the Younger, made a new law by which the then existing privilege was extended from the altar and nave of the church to the buildings, courts, and parts adjacent, contained within the walls. An enactment of a temporary nature excepted the Isaurian robbers from the privilege. The constitutions of Theodosius the Younger were confirmed by Pope Leo I., with the added provision that the steward and advocate of the church should act as inquisitors and examine all persons seeking asylum and then take action on the evidence produced.

The early Christian Church was strongly opposed to the shedding of blood and ready to do all in its power to prevent violence which might result in bloodshed. Thus the clergy speedily became the great  intermediaries between criminals and those who desired vengeance, and acted as ambassadors of mercy before the throne of justice. Fugitives who had taken refuge in Christian churches were interceded for, slaves fleeing from cruel masters were protected, unfortunate debtors in danger of imprisonment were allowed temporary shelter until a compromise could be reached. All this, no doubt, besides tempering the administration of public and private law, increased the reverence for human life in the popular mind and associated the Church and religion with ideas of sanctity and mercy.[1] 

The concept of refuge/sanctuary is a crucial aspect of a humane society; societies that highly value it naturally highly value human life. 

How can the concept of sanctuary apply today? While we don't think church buildings are currently practical, here are some ideas for those whose lives are endangered by vigilantes seeking to take it:

• The state can provide physical protection in a safe location with bodyguards. 
• Something like the witness protection program, where one would be able to get a new start in a new location with a new identity. 
• Relocation to a country where one is unknown and can live without fear of attempts on his life.

Unfortunately, we cannot expect much from our current society in matters of biblical sanctuary. Ours is a society that highly devalues life—with the most obvious example being abortion. If our society is unwilling to protect the unborn—its most helpless members—then no one is safe. Only by a return to Christianity can we expect to return to a reverence for human life that is conducive to biblical sanctuary.

Notes:

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[1] Norman Maclaren Trenholme, The University of Missouri Studies: Volume I: Number 5: The Right of Sanctuary in England: A Study in Institutional History, ed., Frank Thilly (Columbia, MO: University of Missouri, 1903), 7, 8.

The Death Penalty required for Murder (Genesis 9:5-6)

Genesis 9:5-6

King James Version (KJV)

⁵ And surely your blood of your lives will I require; at the hand of every beast will I require it, and at the hand of man; at the hand of every man's brother will I require the life of man.

⁶ Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of God made he man.

Thoughts:

"When God requires the life of a man at the hand of him that took it away unjustly, the murderer cannot render that, and therefore must render his own in lieu of it, which is the only way left of making restitution." - Matthew Henry

  

   

Cain's Punishment for Murder (Genesis 4:14-15)

Genesis 4:14-15

King James Version (KJV)

14 Behold, thou hast driven me out this day from the face of the earth; and from thy face shall I be hid; and I shall be a fugitive and a vagabond in the earth; and it shall come to pass, that every one that findeth me shall slay me.
15 And the Lord said unto him, Therefore whosoever slayeth Cain, vengeance shall be taken on him sevenfold. And the Lordset a mark upon Cain, lest any finding him should kill him.

Thoughts:
After murdering Abel, Cain fears that others will slay him - perhaps either out of vengeance, or because they believed that God required the death penalty for murder at a time even prior to God requiring this penalty in Genesis 9:5, 6. God, in His wisdom, has Cain banished.