במדבר, פרק ל״ה, פסוק כ״ח

פרשת מסעי

Numbers 35:28Sefaria

כִּ֣י בְעִ֤יר מִקְלָטוֹ֙ יֵשֵׁ֔ב עַד־מ֖וֹת הַכֹּהֵ֣ן הַגָּדֹ֑ל וְאַחֲרֵ֥י מוֹת֙ הַכֹּהֵ֣ן הַגָּדֹ֔ל יָשׁוּב֙ הָרֹצֵ֔חַ אֶל־אֶ֖רֶץ אֲחֻזָּתֽוֹ׃

The laws governing a person who kills by accident establish strict boundaries for their exile, tying their ultimate freedom to the life and death of the nation's spiritual leader. The requirement to remain in the city of refuge is absolute. If the exiled person accidentally causes another death while already living in the city of refuge, he is not sent away to a different city. Instead, he simply moves to another neighborhood within the same city to serve his time [תורה תמימה, רש ר הירש, מלבי״ם]. However, a member of the Levite tribe who accidentally kills someone inside his own city must be exiled to a completely different city of refuge [מלבי״ם].

The condition that the exile is only released upon the death of the High Priest is understood in several ways. One approach views this as a legal and spiritual matter. The cities of refuge belong to the Levites and fall under the direct authority of the High Priest, placing the exiled person under his protection. Therefore, it is fitting that the exile goes free when the High Priest dies, as this death also provides atonement for the sin [חזקוני]. Another perspective focuses on public opinion, noting that remaining in the city prevents social unrest. If the exiled person were allowed to go free while the High Priest was still alive, the public would protest, accusing the High Priest of failing to execute justice and avenge the victim's blood. Once the High Priest dies, however, the people have no reason to direct their anger at his replacement, since the original tragedy did not occur during the new leader's term [פענח רזא, דעת זקנים].

When the time finally comes for the exiled person to return home, he goes back to his ancestral land, reclaiming his fields and vineyards [צאינה וראינה]. Yet, the primary approach among commentators is that this return is limited to physical property alone. He does not regain any positions of authority, leadership, or public office he previously held, even if those roles were passed down through his family. Unlike other offenders who can fully restore their social standing after repenting and serving their sentence, the person who kills by accident is permanently removed from greatness due to the severe tragedy he brought about [רש ר הירש, שפתי כהן]. A minority opinion does exist, suggesting he is indeed allowed to resume his former public status [צאינה וראינה, מלבי״ם].

To emphasize this lasting loss of status, the individual is still referred to as a murderer even as he returns home. This ensures he fully recognizes his action and never forgets it [שפתי כהן]. The profound connection to both his ancestral land and the death of the High Priest remains active even if the exiled person dies before completing his term in the city of refuge. In such a case, he is buried there temporarily. Only after the High Priest passes away, signaling the completion of his atonement, are his remains transferred to his family's ancestral burial plot [תורה תמימה].

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