Parshas Shoftim 578
Translation by Dr. Baruch Fox
This week’s parsha is parshas Shoftim. In this essay, we will focus on a unique mitzvah that will only be fulfilled le’asid la’vo. At that time, Hashem will expand the boundaries of Eretz Yisrael to include the lands of the Kini, Kenizi, and Kadmoni—in addition to the lands of the seven nations that were already conquered when Yisrael entered the promised land. Thus, the promise HKB”H made to Avraham Avinu at the “Bris bein HaBesarim” will finally be fulfilled in full; his descendants will be in control of the lands of all ten nations that previously inhabited Eretz Canaan. Here are the pertinent pesukim (Devarim 19, 8):
"ואם ירחיב ה' אלקיך את גבולך כאשר נשבע לאבותיך ונתן לך את כל הארץ אשר דיבר לתת לאבותיך... ויספת לך עוד שלש ערים על השלש האלה, ולא ישפך דם נקי בקרב ארצך אשר ה' אלקיך נותן לך נחלה והיה עליך דמים".
When Hashem will expand your boundaries, as He swore to your forefathers, and He will give you the entire land that He promised to give to your forefathers . . . then you shall add three more cities to these three. Innocent blood shall not be spilled in the midst of your land that Hashem, your G-d, gives you as an inheritance; for then blood will be upon you.
Rashi comments: “As He swore” to give you the land of the Kini, the Kenizi, and the Kadmoni. “Then you shall add three more”: There will be a total of nine—three that are on the other side of the Yarden, and three that are in Eretz Canaan, and three for the future-to-come.
At the Bris bein HaBesarim HKB”H Promised Avraham Avinu that His Descendants Would Inherit the Lands of All Ten Nations Inhabiting Eretz Canaan
Here are the pesukim chronicling the historic Covenant of the Parts—Bris bein HaBesarim (Bereishis 15, 18):
"ביום ההוא כרת ה' את אברם ברית לאמר לזרעך נתתי את הארץ הזאת מנהר מצרים עד הנהר הגדל נהר פרת, את הקיני ואת הקניזי ואת הקדמוני, ואת החתי ואת הפרזי ואת הרפאים ואת האמורי ואת הכנעני ואת הגרגשי ואת היבוסי".
On that day, Hashem made a covenant with Avram, saying, “To your descendants I have given this land, from the river of Mitzrayim until the great river, the Euphrates River—the Kini, and the Kenizi, and the Kadmoni, and the Chiti, and the Perizi, and the Rephaim (the Chivi), and the Emori, and the Canaani, and the Girgashi, and the Yevusi.” Citing the Midrash, Rashi comments: There are ten nations here, but He only gave them the lands of seven nations; the other three—Edom, Moav, and Ammon—who are the Kini, Kenizi, and the Kadmoni (mentioned in this passuk)—are destined to be an inheritance in the future.
This is because Yisrael were cautioned not to wage war and not to conquer the nations of Edom, Moav, and Ammon. For example (Devarim 2, 9): "ויאמר ה' אלי אל תצר את מואב ואל תתגר בם מלחמה כי לא אתן לך מארצו ירושה כי לבני לוט נתתי את ער ירושה". Hashem said to me (Moshe), “Do not besiege Moav and do not incite war with them, for I will not give you any of his land as inheritance; for to Lot’s descendants have I given Ahr as an inheritance.” Similarly, HKB”H cautioned them not to trespass into the territory of Edom, as He instructed Moshe (ibid. 5):
"ואת העם צו לאמר אתם עוברים בגבול אחיכם בני עשו היושבים בשעיר וייראו מכם ונשמרתם מאד, אל תתגרו בם כי לא אתן לכם מארצם עד מדרך כף רגל כי ירושה לעשו נתתי את הר שעיר."
You shall command the people, saying, “You are passing through the territory of the children of Eisav, who dwell in Seir; they will fear you, so you must be extremely cautious. Do not provoke them, for I will not give you of their land as much as a footstep, because I have given Har Seir to Eisav as an inheritance.” Here Rashi comments: “An inheritance to Eisav” from Avraham. Hashem said, “I gave him ten nations; seven are for you; and the Kini, Kenizi, and Kadmoni—who are Ammon, Moav, and Seir—one of them is for Eisav. The other two are for the children of Lot as a reward for going with you (with Avraham) to Mitzrayim and having kept quiet with regard to what they were saying about his wife, that she was his sister. Therefore, He treated him (Lot) like his (Avraham’s) son.
Rashi merely explains why Yisrael were instructed not to conquer Ammon and Moav from the descendants of Lot; he does not explain why they were instructed not to conquer Har Seir from the descendants of Eisav. The Ba’al HaTurim, however, explains that Har Seir was given to Eisav as a reward for the mitzvah of kibud-av, respecting his father, Yitzchak. The source for this fact is found in the Targum YoNasan:
"ֲרוּם יְְרוּתָָאא יְֲבוֹאַַד לַ בְָעָ דרָא קָָיְִא לַָא מְְטוֹלְַבְַגַדְורָא וַט תַָיְ יְתִָבֵָשָָׂו יְְהָעְָלַ—I gave Har Seir as an inheritance to Eisav, because of the kavod he showed his father."
Now, let us focus on the command to add three additional cities of refuge—“arei miklat”—in the future, when HKB”H gives us the additional lands of the three nations of the Kini, Kenizi, and Kadmoni. Here is what the Rambam writes on the subject (Hilchos Rotzeiach 8, 4): In the era of the Melech HaMashiach, three other cities will be added to these six (“arei miklat”), as it states: “And you shall add three other cities to these three cities.” Where are these cities to be added? In the cities of the Kini, Kenizi, and the Kadmoni, concerning which a covenant was made with Avraham Avinu, but which have not yet been conquered. Concerning them, it says in the Torah: “When Hashem will expand your boundaries, as He swore to your forefathers, and He will give you the entire land that He promised to give to your forefathers . . . then you shall add three more cities to these three.”
Arei Miklat Will Be Required Le’asid La’vo to Atone for Those Who Killed Inadvertently during the Galus
The commentaries are dumbfounded by this mitzvah. Why will an additional three “arei miklat” be required with the arrival of the Mashiach to provide refuge for those who kill unintentionally? After all, in the era of the Mashiach, the world will achieve its tikun under the Sovereignty of Heaven, and the death penalty will be annulled. This is taught in association with the laws of mourning in the Mishnah (M.K. 28b): "אבל לעתיד לבוא הוא אומר בלע המות לנצח ומחה ה' אלקים דמעה מעל כל פנים"—but concerning le’asid la’vo, it says (Yeshayah 25, 8): “He will eliminate death forever, and Hashem, Elokim, will erase tears from all faces.” Under those circumstances, it is indeed baffling! What need will there be to build additional cities of refuge, if innocent blood will no longer be spilled?
Many answers have been suggested for this perplexing question, but the one I prefer is presented by the Chida in Pnei David in the name of the author of the Shevet Mussar. We will present a brief summary of his answer: Undoubtedly, during the lengthy, bitter galus, many have killed inadvertently and should have been exiled to “arei miklat.” Those who were obliged to bring chatas-offerings during the times of galus will fulfill their obligations when the redeemer comes, and the Beis HaMikdash will be rebuilt . . . Similarly, those who were obliged to be exiled will go to “arei miklat” for their atonement. Since it has been so many years since the Bayis was destroyed, and many require tikun and exile, nine cities of refuge will be necessary when the time to observe all of the “taryag mitzvos” that could not be observed from the time of the churban arrives. This is implicit in the words (Devarim 19, 9): “When you observe this entire mitzvah (all the mitzvos) . . . then you shall add three more cities to these three.”
Now, you might wonder why “arei miklat” will be necessary, since the world will have been rectified. In truth (ibid. 10), at that time “innocent blood will no longer be spilled”, and “arei miklat” will not be necessary for murders at that time. But as the passuk continues (ibid. 10): “Then blood will be upon you”—you will still be responsible for the blood spilled in previous incarnations since the churban—when you killed inadvertently but did not go into exile. That will be the time to make amends by going to the “arei miklat.” Hence, nine “arei miklat” will be needed.
