Yehoshua Chapter 20
This chapter begins with a phrase we have not seen before in the Book of Yehoshua “וידבר ה אל יהושע לאמר” – “and Hashem spoke to Yehoshua, saying…” While Hashem has spoken with Yehoshua on many occasions, here the language of the Torah itself is used, reminding us of the familiar and oft-repeated opener “and Hashem spoke to Moshe, saying…” The reason for this seems to be that we are about to be told of the designation of the Cities of Refuge, which would serve as safe havens for individuals who commit murder accidentally.
Moshe Rabbenu himself wanted to participate in this mitzvah to the extent he could, so he established the first three cities on the eastern side of the Jordan River after the conquest of the land of Sihon and Og. However, technically speaking his act was not legally effective until all six were selected and consecrated, which is precisely what is described in our chapter. Once again, we find Yehoshua completing a task of Moshe Rabbenu; in this case, he is literally finishing a mitzvah begun by his mentor. The use of the Torah’s phraseology, generally reserved for commandments to Moshe, highlights this concept.
Such offenders must flee to these cities before their trials and, if found guilty, return there until the presiding Kohen Gadol (High Priest) dies. The detailed regulations of the treatment of the accidental killer are recorded in the Torah in Parashat Masei and again in Parashat Vaetchanan . What is noteworthy is that – in the Torah and in the Book of Yehoshua – the designation of these cities is always presented as a critical part of the settlement of the land.
Setting up these cities is not merely a practical measure taken to protect the rights of the inadvertent murderer or to provide an opportunity for rehabilitation. Rather, guarding the sanctity of life is of the essence of Jewish settlement. The cities accomplish this in two ways: By insisting that the murderer be exiled despite the fact that his action was unintentional, the Torah emphasizes the gravity with which it treats the loss of life and the care that must be taken to preserve it. At the same time, by allowing the killer refuge from revenge-inspired attacks at the hands of his victim’s family, the Torah demonstrates that his life is similarly precious.
Thinking back to the story of Cain and Abel in Beresheet, we recall that the first murder is also followed by the exiling of Cain. That narrative establishes the precedent that land upon which innocent blood is spilled becomes defiled as a result. A society that tolerates disrespect for the infinite value of human life denies the fact that mankind was created in Hashem’s image and reduces him to a mere animal. This is not a society that can aspire to the levels of holiness and wisdom to which we, the Jewish people, are summoned.