The idea of asylum is a biblical one. The Torah orders the creation of specific cities of refuge where an accidental killer can run. However, these places are not the equivalent of a ‘get out of jail free’ card. A person who intentionally killed was not protected by the city, and the next of kin could kill him.
What would happen if an accidental killing occurred, (such as someone who fell off a ladder and landed on another person) is that the killer would run to the city of refuge. Then, the court in his town would hear testimony from witnesses, and eventually (Devarim 19:12) they would summon the man from the city of refuge and judge him at home. If he was guilty of premeditated murder, he was handed over to the kinsmen and they were allowed to kill him.
It is interesting that it was the “elders of his city” who had to try the case. Why could it not be the court of the city where he had run? We’d like to suggest two answers, diametrically different, but both of which have important messages for us.
1. Responsibility of Leadership
Since he came from their town, they were responsible for his actions. As leaders, they were supposed to guide their townspeople and for this to happen on their watch is a reflection of them. They must be the ones to try him to show that they take responsibility for their failures.
2. Fairness and Understanding
We always seek to find a merit for people being tried. Though every Bais Din (court) will do their best to find merits and justifications for the fellow, no one knows him as well as the people of his own city. Only they can truly understand his life and personality, so they try the case in order to give him the fairest trial possible.
