Sifrei Bamidbar 161

¹(Bamidbar 35:29) "And these shall be for you a statute of judgment": to obtain throughout the generations": in Eretz Yisrael and outside of it. (30) "Whoever would kill a soul, by the testimony of witnesses shall he kill the slayer": What is the intent of this? From (19) "The avenger, he shall kill him," I might think that he may kill him in beth-din without witnesses. It is, therefore, written "Whoever would kill a soul, by the testimony of witnesses, etc." He kills him only in beth-din and by witnesses. "and one witness shall not testify against a soul to have him put to death": (but) he can testify towards acquittal. And one witness can testify towards (imposing) an oath. "and one witness": This is a prototype, viz.: Wherever "witness" is written, two are understood, unless "one" is specified. (31) "And you shall not take ransom for the soul of a murderer": What is the intent of this? From (Shemot 21:30) "When ransom is set for him" (one whose ox killed a man), I might think that just as "redemption" is given for those subject to death at the hands of Heaven, so, is it given for those liable to death by man (i.e., beth-din). It is, therefore, written "And you shall not take ransom." R. Yoshiyah says: If one were taken out to be executed and he injured others, he is liable. If others injured him, they are not liable for (injuring) his person, (for he is considered "dead"), but they are liable for (damage to) his property. Whence is this derived? From "And you shall not take ransom," (indicating that he is regarded as "dead.") — But perhaps this obtains even if his verdict has not yet been consummated? It is, therefore, written "who is liable to die." Until his verdict has been consummated, he (i.e., one who injures him) is liable. Once his verdict has been consummated, he is not liable. R. Yonathan says: If one were being taken out to be executed, and another came forward and killed him, he is not liable. Even if his verdict has not yet been consummated? It is, therefore, written "until he is liable to die." Until his verdict has been consummated, he (i.e., one who kills him) is liable. Once his verdict has been consummated, he is not liable. ²(Bamidbar 35:32) "And you shall not take ransom for one who fled to the city of his refuge, etc.": If one killed unwittingly, I might think that if he gave money (i.e., "ransom"), he would not be exiled. It is, therefore, written "And you shall not take ransom for one who has fled, etc." ³(Bamidbar 35:33) "Velo tachanifu the land": This is an exhortation against flatterers ("chanafim"). Variantly: Do not cause the land to "flatter" you (i.e., not to produce fruit). "ki hadam hu yachanif eth ha'aretz": Rabbi Yoshiyah interpreted this acronymically, viz.: "ki hadam hu yachon af ba'aretz" ("for the blood will repose wrath upon the land." "and the land will not have atonement." What is the intent of this? Because it is written (Devarim 21:4) "and they shall break there the neck of the heifer in the river-bed," I might think that if its neck were broken and afterwards the murderer were found, it would effect atonement. It is, therefore, written "and the land will not have atonement." We are hereby taught that the spilling of blood defiles the land and removes the Shechinah. And because of the spilling of blood the Temple was destroyed. ⁴Once, the Cohanim of equal station were running up the ramp (to perform the sacrifice), when one of them caught up with the other in his four ells, took his knife, and thrust it into his heart. R. Tzaddok ascended the steps of the Temple hall and said: It is written (Devarim 21:1) "If there be found a slain one on the earth, etc." Come and let us measure for whom it is incumbent to bring the heifer (of the broken neck) — the Temple or the azarah (the Temple court) — whereupon all of the people burst into tears. After that the father of the young Cohein came and said to them: "My brothers, let him be your atonement. My son is still palpitating and the (sacrificial) knife has not become unclean" — whereby we are taught that the defilement of knives was of more moment to them than the spilling of blood. And thus is it written (II Kings 21:16) "And Menasheh also shed very much innocent blood until it filled Jerusalem from mouth to mouth." ⁵(Bamidbar 35:34) "in whose midst I dwell": Beloved are Israel, for even when they are tamei the Shechinah reposes among them — (Vayikra 16:16) "who dwells with them in the midst of their uncleanliness," and (Ibid. 15:31) "… when they defile My sanctuary which is in their midst," and (Bamidbar 5:3) "and they shall not make unclean their camps in whose midst I dwell." (Ibid. 35:34) "for I the L-rd dwell in the midst of the children of Israel." R. Nathan says: Beloved are Israel, for wherever they are exiled the Shechinah is with them. They were exiled to Egypt — the Shechinah was with them, viz. (I Samuel 2:27) "Did I not reveal Myself to the house of your father when they were in Egypt (enslaved to) the house of Pharaoh?" They were exiled to Bavel — the Shechinah was with them, viz. (Isaiah 43:14) "Because of you I was sent to Bavel." They were sent to Eilam — the Shechinah was with them, viz. (Jeremiah 49:38) "I placed My throne in Eilam, and banished from there king and officers." They were exiled to Edom — the Shechinah was with them, viz. (Isaiah 63:1) "Who is This, who comes from Edom, with sullied vestments, from Batzrah?" And when they return, the Shechinah will be with them, viz. (Devarim 30:3) "Then the L-rd your G-d will return with your captivity and He will have mercy upon you." It is not written "and He will return to you," but "and He will return with you!" And it is written (Song of Songs 4:8) "With Me from the Levanon, My bride — with Me from the Levanon shall you come. You will look from the top of Amanah, from the top of Senir and Chermon, from the dens of lions, from the mountains of leopards." Rebbi says: An analogy: A king says to his servant: Why do you search for me? I am with my son. Whenever you need me, I am with my son. "For I, the L-rd dwell in the midst of the children of Israel."