פרשת מסעי תשי"ז - ערי מקלט

והקריתם — This verb קרה (in the Hiphil) denotes “preparing”. Similarly it says, (Genesis 27:20) “Because the Lord thy God made it ready (הקרה) before me”(Sifrei Bamidbar 159:4).

or with any stone, whereby a man may die, seeing him not, and cast it upon him, so that he died, and he was not his enemy, neither sought his harm;

אין לו דם [AND THE AVENGER OF BLOOD MAY SLAY THE MURDERER] THERE IS NO BLOOD GUILT FOR HIM (more lit., he has no blood) — He is as one who has killed a dead man, who is one who has no blood (cf. Rashi on Exodus 22:1).

and the congregation shall deliver the manslayer out of the hand of the avenger of blood, and the congregation shall restore him to his city of refuge, whither he was fled; and he shall dwell therein until the death of the high priest, who was anointed with the holy oil.

עד מות הכהן הגדול; according to the plain meaning of the text the word is used to described the senior judge. The idea of “lifetime” imprisonment referring to the lifetime of the judge who imposed the sentence occurs in this sense also in Isaiah 14,17 אסיריו לא פתח ביתו, “he never released his prisoners.”

עד מות הכהן הגדול, the Torah had already made clear that exile is a penalty applicable only to inadvertently committed killing. Seeing that there are different degrees of inadvertent killing, i.e. some border on accidents totally beyond the control of the perpetrator, whereas others are acts of criminal negligence, though unintended, the Torah in determining the penalty does not give us a fixed time, but a variable. When the killing occurred only a short time before the death of the High Priest, the exile spends little time in the city of refuge; on the other hand, there may be times when the exile dies in the city of refuge before the High Priest officiating at the time of the “crime,” dies. These variables are taken into account by G’d Who alone is in possession of all the facts, i.e. the degree of negligence which caused this inadvertent killing. The important reference to G’d’s involvement and calculations in all this is found in Exodus 21,13 והאלוקים אנה לידו, “G’d had caused, directed his hand,” (that of the inadvertent killer.)