Rotzeach uShmirat Nefesh - Chapter Eight

It is a positive commandment to set aside cities of refuge, as Deuteronomy 19:2 states: "You shall set aside three cities." The practice of setting aside cities of refuge applies only in Eretz Yisrael.

There were six cities of refuge. Three Moses our teacher set aside in TransJordan, and three Joshua set aside in the land of Canaan.

None of the cities of refuge served as a haven until they were all set aside, as implied by Numbers 35:13: "There shall be six cities of refuge for you." And so, Moses informed us that the three cities of refuge in TransJordan did not serve as a haven until the three in the land of Canaan were set aside.

If so, why did Moses set them aside? He said: "Since a mitzvah came to my hand, I will fulfill it."

In the era of the King Mashiach, three other cities will be added to these six, as Deuteronomy 19:9 states: "And you shall add three other cities to these three cities."

Where are these cities added? In the cities of the Keni, K'nizi, and the Kadmoni, concerning which a covenant was made with Abraham, but which have not yet been conquered. Concerning these cities, the Torah ibid.:8 says: "And if God, your Lord, will expand your boundaries...."

The Jewish court is obligated to construct roads leading to the cities of refuge; they should be maintained and widened. Any stumbling block and obstacle should be removed from them.

On these roads neither a hill, a valley, nor a river should be left. Instead, a bridge should be built across so as not to impede a person fleeing there. This is all implied by Deuteronomy 19:3, which states: "You shall prepare the road for yourselves."

The width of the road to the city of refuge should not be less than 32 cubits. Signs stating "Refuge, refuge," should be written at intersections, so that killers would be aware of the way and turn there.

Every year, on the fifteenth of Adar, the court would send out emissaries to inspect the roads leading to the cities of refuge. Wherever they found flaws, they would have them repaired. If a court was dilatory regarding this matter, it is considered as if they shed blood.

When the cities of refuge were first set aside, they would measure from one city to another to determine whether they were set aside in equal measures. This is also implied by the verse: "You shall prepare the road for yourselves."

The cities of refuge that are designated should not be big cities or metropolises, nor should they be small villages. Instead, they should be cities of intermediate size.

They should be located solely in trading places, where water is found. If there is no water near them, water should be diverted toward them. They should be located solely in a populated area. If the surrounding populace is reduced, it should be increased. If the number of inhabitants of the city of refuge decrease, priests, Levites, and Israelites should be brought to live there.

Snares may not be set in such a city, nor may rope traps be set there, so that the blood redeemer will not come there.

All of the cities of the Levites serve as a haven; each is a city of refuge. This is indicated by Numbers 35:6-7: "And in addition to them, you shall give them 42 cities. All the cities that you shall give the Levites shall be 48 in number." The verse thus established an association between them; all of them serve as havens.

What then is the difference between those cities that are set aside as cities of refuge, and the other cities of the Levites?

The cities of refuge serve as havens whether one enters them with the intent of taking refuge or one enters them without that intent; since a killer enters their confines, they serve as a haven for him. The other cities of the Levites serve as a haven only when one enters with that intent in mind.

Also, a killer who lives in a designated city of refuge does not have to pay rent. If, by contrast, he lives in another one of the cities of the Levites, he must pay his landlord rent.

Whenever a city serves as a haven, the surrounding area also serves as a haven.

When a tree is standing within the limits of a city of refuge and its leaves extend beyond those limits, once a killer comes below its leaves they serve as a haven for him. If a tree stands outside the limits and its leaves extend within those limits, as soon as he reaches its trunk it serves as a haven for him. If the blood redeemer kills him there, he should be executed.

Even though the surrounding area of a city serves as a haven, a killer should not dwell there, as [implied by Numbers 35:25:] "He shall dwell in it," i.e., not in its surrounding area.