Parshas Shoftim also contains within it the mitzvah of the Arei Miklat – the cities of refuge – for people who kill unintentionally. Such a refugee remains in the “Ir Miklat” until the death of the Kohen Gadol.
The Halacha is that even though Moshe established three Arei Miklat in Aver Hayarden (TransJordan), they were not functioning as “Arei Miklat” until Yehoshua later established the three Arei Miklat in Eretz Yisrael proper. In today’s parlance, we would say that Moshe’s Arei Miklat did not “come online” until Yehoshua established his Arei Miklat in Eretz Yisroel, to the west of the Yarden.
That process took an additional 14 years. What happened if someone unintentionally killed from the time Bnei Yisroel crossed the Yarden until Yehoshua established the three Arei Miklat in Eretz Yisrael proper? The answer is that the Rotzeach B’Shogeg (unintentional murderer) did not need to go to the Ir Miklat. The following anomaly emerges: For 14 years, a person could literally get away with murder! He would not be killed because his killing was unintentional and he would not need to go into exile in the Ir Miklat because none of the Arei Miklat were yet functioning.
We can assume that even the Rotzeach B’Shogeg needs some type of atonement (which is normally provided by his exile), but for some reason, during these 14 years, he did not receive such Kaparah. What is the meaning of this?
The Meshech Chochmah in Parshas Massei makes a beautiful observation. When a person goes to the Arei Miklat, he remains there until the death of the Kohen Gadol. In other words, he knows he can get out whenever the Kohen Gadol dies. He thinks: Any day could be my time to get out of here! Any day, the Kohen Gadol could pass on. Aye – the Kohen Gadol is now 32 years old and I am twice his age? Unfortunately, we see that people who are 32 years old also die. Anything is possible.
So, every single day the Rotzeach B’Shogeg wakes up and thinks “Maybe today is my lucky day! Maybe by the end of today, I will be a free man.” In fact, the Talmud in Makkos says that those confined to the Arei Miklat used to pray that the Kohen Gadol should die. That is why the mothers of the High Priests used to bring the refugees cookies so that they would not pray for the death of their sons. Every day there was hope.
When Klal Yisrael entered Eretz Yisrael, Yehosua was involved in the process of dividing the land between the different tribes. But who was helping him divide the land? It was Elazar the Kohen Gadol! They were jointly tasked in dividing the Land and until that task was completed, neither Elazar nor Yehoshua would die. It thus comes out that this “unintentional murderer” would have had nothing to look forward to on a daily basis. He could only conclude “I am in here for a minimum of fourteen years. I have no hope. I cannot say ‘today might be my last day of exile.'” That, says the Meshech Chochmah, would have been cruel and unusual punishment. Taking away someone’s hope is the worst type of punishment.
Therefore, in order to avoid this situation, there was no institution of Arei Miklat for 14 years. Better let this fellow “get away with murder” than impose such a harsh sentence.
With this idea, Rav Shlomo Zalman Auerbach made a beautiful observation about davening. The “nineteenth blessing” that was added to the “Eighteen Blessings” (Shmoneh Esrei) is called Birkas HaMinim – the “blessing” of the heretics. One of the worst types of people is a person who is a “Malshin” (someone who slanders a fellow Jew to the anti-Semitic Government). The Talmud says that Shmuel HaKatan was commissioned to compose this “blessing,” cursing those people who perennially caused trouble for their brethren. So, he composed a curse for these people. What was this curse – the worst thing that could befall them? “LaMalshinim al te’hi Sikvah” (let there be no hope for the slanderers).
That is why the Rotzeach B’Shogeg could not go into an Ir Miklat during the 14 years of Conquest and Division, because in such a situation he would have no hope (of getting out prior to the end of the 14 years).
