פרשת מטות - מסעי תש"ל - 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).

(2) אין לו דמים THERE SHALL NO GUILT OF BLOOD BE INCURRED FOR HIM — This is not regarded as a murder; it is as though he (the thief) has been dead from the beginning of his criminal act (אין לו דמים is taken to mean: he, the thief, had no blood — no vitality). Here the Torah teaches you the rule: “If one comes with the intention of killing you, be quick and kill him”. — And this burglar actually came with the intention of killing you, for he knew full well that no one can hold himself in check, looking on whilst people are stealing his property before his eyes and doing nothing. He (the thief) therefore obviously came with this purpose in view — that in case the owner of the property would resist him, he would kill him (Sanhedrin 72a).

Abarbanel raises the difficulty:

Why was the return of the killer made dependent upon the death of the high priest?

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.)