Obligation of Galus for the Unintentional Murderer
Parsha Pages | July 29, 2024
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Obligation of Galus for the Unintentional Murderer

Parsha Pages | June 25, 2025

Bamidbar Perek 35

22. But if he pushed him suddenly without enmity, or threw upon him any object without lying in wait,

23. Or with any stone, by which a man may die, seeing him not, and cast it upon him, and he died, and he was not his enemy, neither sought his harm;

24. Then the congregation shall judge between the slayer and the avenger of blood according to these judgments.

25. And the congregation shall deliver the slayer out of the hand of the avenger of blood, and the congregation shall restore him to the city of his refuge, where he fled; and he shall abide in it until the death of the high priest, who was anointed with the holy oil.

26. But if the slayer shall at any time come outside the border of the city of his refuge, where he fled;

27. And the avenger of blood finds him outside the border of the city of his refuge, and the avenger of blood kills the slayer; he shall not be guilty of blood:

28. 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.

Explanation of Verses:

  • "And the congregation shall judge" – this alludes to the intentional killer.
  • "And the congregation shall deliver" – this alludes to the one who was judged and declared innocent.
  • "And the congregation shall restore him to the city of his refuge" – this alludes to one who is sentenced to exile for an unintentional murder.

The concept of Galus (exile) is a unique ruling. According to the Torah (see Bamidbar 35:24-29 and Devarim 19:2-7), a person is sent from his home to one of the six arei miklat (Cities of Refuge) if he killed his fellow accidentally. Exile accomplishes three things:

  • It serves as a punishment.
  • It offers some level of atonement.
  • It protects the killer from the go'el ha-dam (the relative who acts as a "blood redeemer" to avenge the death).

The combination of these three purposes makes clear that not every accidental death will lead to the exile of the perpetrator. Sometimes, the accident may be something that should have been prevented, and exile will not be an appropriate punishment, nor is it severe enough to offer atonement. Sometimes, the accident may be something that could not possibly have been prevented, and there will be no need for punishment or atonement.

Basic Summary of the Laws:

  1. The killer that is sentenced to Galus is obligated to go to a city of refuge and remain there.
  2. The Bais Din is obligated to make the judgment of Galus.
  3. Bais Din is obligated to bring the killer to the city of refuge (which includes making proper roads and signs to the city of refuge).
  4. Bais Din is not to take monetary compensation (kofer) to exempt the killer from Galus.
  5. Some accidental killers are not sentenced with Galus, because it was totally accidental, or too close to purposeful killing (karov lemezid).
  6. Within the city of refuge, the go'el ha-dam is not entitled to harm the killer; but if the killer leaves the city of refuge then the go'el ha-dam has permission to kill the killer.
  7. Remains in the city of refuge until the death of the Cohen Gadol.

Medrash Tanchuma:

"Remember Your mercies, Hashem, and Your kindnesses, for they are from of old" (Tehillim 25:6) – Dovid HaMelech alludes to the mercy of HaShem towards Adam HaRishon. Adam committed a sin for which the punishment should be death, but in His Mercy, HaShem just punished Adam with exile from Gan Eden, just as an unintentional murderer was sent into Galus.

Bamidbar Perek 35

22. But if he pushed him suddenly without enmity, or threw upon him any object without lying in wait,

23. Or with any stone, by which a man may die, seeing him not, and cast it upon him, and he died, and he was not his enemy, neither sought his harm;

24. Then the congregation shall judge between the slayer and the avenger of blood according to these judgments.

25. And the congregation shall deliver the slayer out of the hand of the avenger of blood, and the congregation shall restore him to the city of his refuge, where he fled; and he shall abide in it until the death of the high priest, who was anointed with the holy oil.

26. But if the slayer shall at any time come outside the border of the city of his refuge, where he fled;

27. And the avenger of blood finds him outside the border of the city of his refuge, and the avenger of blood kills the slayer; he shall not be guilty of blood:

28. 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.

Explanation of Verses:

  • "And the congregation shall judge" – this alludes to the intentional killer.
  • "And the congregation shall deliver" – this alludes to the one who was judged and declared innocent.
  • "And the congregation shall restore him to the city of his refuge" – this alludes to one who is sentenced to exile for an unintentional murder.

The concept of Galus (exile) is a unique ruling. According to the Torah (see Bamidbar 35:24-29 and Devarim 19:2-7), a person is sent from his home to one of the six arei miklat (Cities of Refuge) if he killed his fellow accidentally. Exile accomplishes three things:

  • It serves as a punishment.
  • It offers some level of atonement.
  • It protects the killer from the go'el ha-dam (the relative who acts as a "blood redeemer" to avenge the death).

The combination of these three purposes makes clear that not every accidental death will lead to the exile of the perpetrator. Sometimes, the accident may be something that should have been prevented, and exile will not be an appropriate punishment, nor is it severe enough to offer atonement. Sometimes, the accident may be something that could not possibly have been prevented, and there will be no need for punishment or atonement.

Basic Summary of the Laws:

  1. The killer that is sentenced to Galus is obligated to go to a city of refuge and remain there.
  2. The Bais Din is obligated to make the judgment of Galus.
  3. Bais Din is obligated to bring the killer to the city of refuge (which includes making proper roads and signs to the city of refuge).
  4. Bais Din is not to take monetary compensation (kofer) to exempt the killer from Galus.
  5. Some accidental killers are not sentenced with Galus, because it was totally accidental, or too close to purposeful killing (karov lemezid).
  6. Within the city of refuge, the go'el ha-dam is not entitled to harm the killer; but if the killer leaves the city of refuge then the go'el ha-dam has permission to kill the killer.
  7. Remains in the city of refuge until the death of the Cohen Gadol.

Medrash Tanchuma:

"Remember Your mercies, Hashem, and Your kindnesses, for they are from of old" (Tehillim 25:6) – Dovid HaMelech alludes to the mercy of HaShem towards Adam HaRishon. Adam committed a sin for which the punishment should be death, but in His Mercy, HaShem just punished Adam with exile from Gan Eden, just as an unintentional murderer was sent into Galus.

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Parsha Pages | July 29, 2024