This week, the Parshiot (Torah portions) of Matot-Masei conclude the fourth book of the Torah, BaMidbar. Many subjects are taken up here, including the famous compromise negotiated between Moshe and the tribes of Reuven and Gad, which enabled those people to take their inheritance on the eastern side of the Jordan. One of the last topics covered is that of the Ir Miklat (City of Refuge). To understand this phenomenon more clearly, we must fully appreciate the great value that the Torah attaches to the preservation of human life.
The Sanctity of Human Life in Torah Law
This can be seen first and foremost in the Halakhic (Jewish legal) principle of VeChai BaHem (“And you shall live by them” (VaYikra 18:5)), whose basic meaning is that when the performance of a Mitzvah might entail a danger to human life, one must violate the commandment and preserve one’s life. There are certain exceptions to this rule, as there are circumstances in which one is called upon to choose martyrdom rather than desecrate the Name of G-d. However, the basic principle is that even the most significant Mitzvot such as Shabbat and Yom Kippur must be transgressed in order to prevent a death.
The supreme concern for the value of human existence can also be seen in the manner in which the Torah deals with the crime of murder, for which one may be liable to the death penalty.
[Note: The actual implementation of the death penalty is a very complex matter. The Jewish juridical system is reluctant to kill even a murderer and makes it very difficult to convict him at trial. For example, all forms of circumstantial evidence, no matter how compelling, are inadmissible as the verdict is exclusively determined on the basis of the interrogated and cross-examined testimony of two qualified witnesses.]
[We can’t help but notice that there is a certain ambivalence here as too great a leniency towards the perpetrator can encourage other criminals who may feel that they can get away with murder. Thus, the presence of the death penalty on the books which is offset by the practical difficulty of implementation testify to the great value that Judaism ascribes to human life.]
What emerges is that despite the fact that Judaism wants to deter potential criminals from carrying out their nefarious designs, it is very hesitant to take the life of the murderer. It much prefers to enable him to survive, engage in Teshuva (repentance) and go on to live a productive and righteous life. This is a much greater achievement than simply executing him.
Murder, Justice, and Societal Responsibility
The great value that the Torah places on the saving of life can further be seen in the special ceremony known as Eglah Arufa (Decapitated Calf). This Mitzvah comes into play where a murder has occurred, and the perpetrator has evaded detection. In that case, the spilled blood cannot be atoned for by executing justice against the sinner. In place of that, a ceremony takes place in which the great Sages of the land declare in the presence of a large gathering,
“… Our hands have not spilled this blood, and our eyes did not see. Atone for Your people Israel that You have redeemed, Oh Hashem: Do not place innocent blood in the midst of Your people! …” (Devarim 21:7-8)
Rashi explains, that it is not that we suspect these Elders of having committed the crime. Rather, their declaration asserts that they have not been an accessory to this death by failing to maintain basic safety features such as providing hospitality and escorts for travelers, which could have afforded vital protection in their journey.
We see from the commandment of the “Decapitated Calf” that the entire society, including its Sages, bear some form of indirect responsibility for the innocent blood that is sometimes shed. This enables us to better understand the institution of the “City of Refuge”.
Exile as Rehabilitation
The City of Refuge is primarily designated for one who causes a death through negligent conduct. Such a person is not an intentional murderer, but nevertheless needs to be held accountable for his dangerous recklessness. The death penalty is reserved for the intentional killer, so another retribution must be contrived for the accidental murderer.
Someone who is found guilty of inadvertently causing the death of his fellow is banished to a City of Refuge, where he must remain (there is no possibility of leaving it even for a short period of time) until the death of the Kohen Gadol (Chief Kohen). If he should leave the city, for any reason, he places himself at the mercy of the Goel HaDahm (Avenger of the Blood) who has permission to kill him.
We may ask, how does this punishment fit the crime?
It seems to me that one who recklessly endangers others has an inflated sense of self and looks down on others who they consider inferior. The lives of others are simply not that important to them. Therefore, they are obliged to leave the comforts of their community where they are held in high esteem and must now reside as a stranger in a place where they are basically unknown. The fact that everyone is aware of what brought this person to this place will not increase their prestige, and this might cause them to introspect and engage in Teshuva. As the Rabbis say, “Exile atones for half of the sin (Sanhedrin 37b).”
There is another benefit one gains from living in a place which is populated by people who have acted recklessly and caused the “inadvertent” demise of others. On a certain level, they will be subject to the bad behavior of their “peers” and thus will now be placed into the position where they themselves become the victimized object of the thoughtlessness of others.
This role reversal may arouse caution and stimulate awareness of the mindset of such offenders. A person tends to gain insight into the psychology of other peoples’ aggressive behaviors when he himself can be harmed by them.
In other words, this person now finds himself in an environment where the people surrounding him mirror his own arrogant attitudes and behaviors. As a result of this flip, he might come to realize that the tendencies he criticizes in others actually inhere in his very own psyche as well. If he possesses any honesty, he will have to admit that he is not significantly different from his co-refugees and will be incentivized to correct his flawed character and engage in Teshuva.
The Kohen Gadol’s Role in Redemption
The responsibility of the revered leaders by the “Decapitated Calf” enables us to understand why the inadvertent killer is free to leave the City of Refuge upon the death of the Kohen Gadol. At first glance, the connection between these two matters is unclear. However, the Rabbis explain that this is because the Kohen Gadol should have prayed to Hashem to prevent these fatal mishaps from taking place among Klal Yisrael (The Congregation of Israel); and he obviously was lax in this vital responsibility (Makkot 11a).
After all, he is the one who enters the Holy of Holies on Yom Kippur to atone for the nation’s transgressions. He is therefore designated to have his hand on the pulse of the nation’s spiritual failings.
This further confirms the supreme Jewish value of preserving human life. Preservation of human life is so crucial that the Kohen Gadol was charged with the task of striving to secure it in every way possible, especially through his prayers. Perhaps this means that we pray most intensely and effectively when that which we are praying for is of great importance to us.
The priestly class is made up of the descendants of Aharon whose chief distinction was that he “loved peace and pursued peace” (Pirkei Avot 1:12). He was so dedicated to this value that he went out of his comfort zone and even subjected himself to personal discomfort in order to facilitate his creative strategies to remove hatred and establish peaceful relations between adversaries.
Every Kohen Gadol is conceptually the embodiment of Aharon, the original High Priest, who represented the ideal of Shalom (peace and harmony) in all areas of human relationships. When he dies, the entire nation mourns and is reminded of the great value embodied in the commandment of “You shall love your friend as yourself,” (VaYikra 19:18) and will look within and aspire to fulfill that lofty Mitzvah. It will, hopefully, engender a spirit of mutual forgiveness and reconciliation in the nation.
That, I believe, is why the sentence of exile is terminated with the death of the Kohen Gadol. It completes the process of rehabilitation and Teshuva for those who arrogantly endanger the well-being and tranquility of society, which began with their exile to the City of Refuge. The Torah is founded on the belief that man has free will and that sinners are not consigned to damnation, but can discover the truth and remake their personality and even go on to become great Tzadikim (righteous ones).
May Hashem assist us to remove baseless hatred from our midst, and bless us with a renewed manifestation of peace and Ahava (Love) among our people. May we merit to see the Beit HaMikdash (Holy Temple) rebuilt and the Kohen Gadol restored to his critical position, speedily and in our time.
Shabbat Shalom.
Questions? Comments?
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