The commandment on Israel to give cities within which the Levites may dwell, and they shelter: That Israel was commanded to give cities to the Tribe of Levi to dwell therein, since they do not have a portion in the Land, as it is stated (Numbers 35:2), “Command the Children of Israel, and they shall give to the Levites from the inheritance of their holding, cities to dwell.” And it is stated at the end of the section (Numbers 35:7). “All of the cities that you shall give to the Levites are forty-eight cities.” And from these forty-eight cities of the Levites, there were cities that were specified to be a refuge for the killer. However, all of them would shelter him. And with God’s help, we will write in the Order of Shoftim in the commandment of the cities of refuge (Sefer HaChinukh 520), what is [the difference] between those specified for this and the others. And they would shelter him in well-known ways, as is explained in Scripture. And it is elucidated in Tractate Makkot 10a.
The root of this commandment is well-known, as the tribe of Levi was from the select of the tribes and prepared for the service of the House of God, and [so] they did not have a portion with Israel in the inheritance of fields and vineyards. But they nonetheless needed cities for them to dwell in — they, and their children and their infants and all of their animals. And because of the greatness of their stature and the fitness of their deeds and the “grace of their worth,” their land was chosen over the lands of the other tribes to shelter any one that kills by mistake — maybe their land that is sanctified with their holiness would atone for him. And there is another reason in the thing: Since they are people of known [character] in virtues of disposition and respected wisdoms known to all, they would not loath the killer being saved with them and they would not touch him; and even if he would kill one of their friends or redeemers (relatives) — since he killed him “suddenly and without enmity.” And about this select tribe it is stated (Deuteronomy 33:9), “Who says about his father and his mother, ‘I have not seen him’” — meaning to say, that they will never do anything besides [that which is from] the proper path and in line with the truth; and even [in spite of] the love of father and mother and brothers and sons, which is obligated and compelled by nature, and all the more so [regarding] the love of other people. And I have further written another argument about the matter in the Order of Behar Sinai (Sefer HaChinukh 342).
The laws of this commandment are short. And I have written some of the laws in the commandments that are reliant upon it, such as the warning not to sell the field of open space of their cities. And so too, will I write about them, with God’s help, in the commandment to separate the cities of refuge in the Order of Shoftim (Sefer HaChinukh 520) — as the three of them are the same topic. And if you desire to know, “turn and turn in them.” (See Mishneh Torah, Laws of Sabbatical Year and the Jubilee 13.)
And this commandment is practiced at the time that Israel is dwelling on its land. And it is among the commandments that is incumbent upon the whole community, but especially on the heads of the people. And in the future to come — after inheritance and settlement — we will immediately fulfill this commandment, speedily in our days, amen.
מִצְוַת יִשְׂרָאֵל לָתֵת עָרִים לַלְּוִיִּם לָשֶׁבֶת בָּהֶן וְהֵן קוֹלְטוֹת – שֶׁנִּצְטַוּוּ יִשְׂרָאֵל לָתֵת לְשֵׁבֶט לֵוִי עָרִים לָשֶׁבֶת בָּהֶן אַחַר שֶׁאֵין לָהֶם חֵלֶק בָּאָרֶץ, שֶׁנֶּאֱמַר (במדבר לה ב) צַו אֶת בְּנֵי יִשְׂרָאֵל וְנָתְנוּ לַלְוִיִּם מִנַּחֲלַת אֲחֻזָּתָם עָרִים לָשָׁבֶת. וְנֶאֱמַר בְּסוֹף הַפָּרָשָׁה (שם ז) כָּל הֶעָרִים אֲשֶׁר תִּתְּנוּ לַלְוִיִּם אַרְבָּעִים וּשְׁמֹנֶה עִיר. וּמֵאֵלֶּה הֶעָרִים שֶׁל לְוִיִּם, הָיוּ מֵהֶם עָרִים מְיֻחָדוֹת לִהְיוֹת מִקְלַט הָרוֹצֵחַ, וְאוּלָם, בְּכֻלָּן הָיָה לוֹ מִקְלָט, וּבְסֵדֶר שׁוֹפְטִים, בְּמִצְוַת עָרֵי מִקְלָט (מצוה תקכ) נִכְתֹּב בְּעֶזְרַת הַשֵּׁם מָה בֵּין מְיֻחָדוֹת לְכָךְ לְאוֹתָן הָאֲחֵרוֹת, וְהָיוּ קוֹלְטוֹת אוֹתוֹ בִּצְדָדִים יְדוּעִים, כְּמוֹ שֶׁמְּפֹרָשׁ בַּכָּתוּב, וּמְבֹאָר בְּמַסֶּכֶת מַכּוֹת (י, א).
The commandment on Israel to give cities within which the Levites may dwell, and they shelter: That Israel was commanded to give cities to the Tribe of Levi to dwell therein, since they do not have a portion in the Land, as it is stated (Numbers 35:2), “Command the Children of Israel, and they shall give to the Levites from the inheritance of their holding, cities to dwell.” And it is stated at the end of the section (Numbers 35:7). “All of the cities that you shall give to the Levites are forty-eight cities.” And from these forty-eight cities of the Levites, there were cities that were specified to be a refuge for the killer. However, all of them would shelter him. And with God’s help, we will write in the Order of Shoftim in the commandment of the cities of refuge (Sefer HaChinukh 520), what is [the difference] between those specified for this and the others. And they would shelter him in well-known ways, as is explained in Scripture. And it is elucidated in Tractate Makkot 10a.
שֹׁרֶשׁ מִצְוָה זוֹ יָדוּעַ הוּא, כִּי שֵׁבֶט הַלֵּוִי מִבְחַר הַשְּׁבָטִים וְנָכוֹן לַעֲבוֹדַת בֵּית הַשֵּׁם, וְאֵין לוֹ חֵלֶק עִם יִשְׂרָאֵל בְּנַחֲלַת שָׂדוֹת וּכְרָמִים, אֲבָל עָרִים הָיוּ צְרִיכִים לָהֶם עַל כָּל פָּנִים לָשֶׁבֶת, הֵם וּבְנֵיהֶם וְטַפָּם וְכָל חַיָּתָם, וּמִפְּנֵי גֹּדֶל מַעֲלָתָם וְכֹשֶׁר פָּעֳלָם וְחִין עֶרְכָּם נִבְחֲרָה אַרְצָם לִקְלֹט כָּל הוֹרֵג נֶפֶשׁ בִּשְׁגָגָה, יוֹתֵר מֵאַרְצוֹת שְׁאָר הַשְּׁבָטִים, אוּלַי תְּכַפֵּר עָלָיו אַדְמָתָם הַמְּקֻדֶּשֶׁת בִּקְדֻשָּׁתָם, וְעוֹד טַעַם אַחֵר בַּדָּבָר כִּי בִּהְיוֹתָם אַנְשֵׁי לֵבָב יְדוּעִים בְּמַעֲלוֹת הַמִּדּוֹת וְחָכְמוֹת נִכְבָּדוֹת, יָדוּעַ לַכֹּל שֶׁלֹּא יִשְׂטְמוּ אֶת הָרוֹצֵחַ שֶׁיִּנָּצֵל אֲלֵיהֶם וְלֹא יִגְּעוּ בּוֹ, וְאַף כִּי יַהֲרֹג אֶחָד מֵאוֹהֲבֵיהֶם אוֹ מִגּוֹאֲלֵיהֶם, אַחֵר אֲשֶׁר בְּפֶתַע בְּלֹא אֵיבָה יַהַרְגֶנּוּ, וְעַל הַשֵּׁבֶט הַזֶּה הַנִּבְחָר נֶאֱמַר (דברים לג ט) הָאֹמֵר לְאָבִיו וּלְאִמּוֹ לֹא רְאִיתִיו כְּלוֹמַר, שֶׁלֹּא יַעֲשׂוּ דָּבָר בָּעוֹלָם, זוּלָתִי מִדֶּרֶךְ הַיָּשָׁר וְעַל כִּוּוּן הָאֱמֶת, וְלֹא יִטֶּה לִבָּם אַחַר אַהֲבַת אָדָם, וַאֲפִלּוּ אַהֲבַת אָב וָאֵם וְאַחִים וּבָנִים שֶׁהַטֶּבַע תְּחַיֵּב אַהֲבָתָם וְתַכְרִיחֵם, וְכָל שֶׁכֵּן אַהֲבַת שְׁאָר בְּנֵי אָדָם. וְעוֹד כָּתַבְתִּי בָּעִנְיָן, עוֹד טַעֲנָה אַחֶרֶת בְּסֵדֶר בְּהַר סִינַי (מצוה שמב).
The root of this commandment is well-known, as the tribe of Levi was from the select of the tribes and prepared for the service of the House of God, and [so] they did not have a portion with Israel in the inheritance of fields and vineyards. But they nonetheless needed cities for them to dwell in — they, and their children and their infants and all of their animals. And because of the greatness of their stature and the fitness of their deeds and the “grace of their worth,” their land was chosen over the lands of the other tribes to shelter any one that kills by mistake — maybe their land that is sanctified with their holiness would atone for him. And there is another reason in the thing: Since they are people of known [character] in virtues of disposition and respected wisdoms known to all, they would not loath the killer being saved with them and they would not touch him; and even if he would kill one of their friends or redeemers (relatives) — since he killed him “suddenly and without enmity.” And about this select tribe it is stated (Deuteronomy 33:9), “Who says about his father and his mother, ‘I have not seen him’” — meaning to say, that they will never do anything besides [that which is from] the proper path and in line with the truth; and even [in spite of] the love of father and mother and brothers and sons, which is obligated and compelled by nature, and all the more so [regarding] the love of other people. And I have further written another argument about the matter in the Order of Behar Sinai (Sefer HaChinukh 342).
דִּינֵי מִצְוָה זוֹ קְצָרִים וּבַמִּצְוֹת הַנִּסְמָכוֹת אֵלֶיהָ, כְּגוֹן אַזְהָרַת שְׂדֵה מִגְרַשׁ עָרֵיהֶם לֹא יִמָּכֵר שֶׁבְּסֵדֶר בְּהַר סִינַי (מצוה שמב), כָּתַבְתִּי קְצָת מִן הַדִּינִים, וּכְמוֹ כֵן בְּמִצְוַת לְהַבְדִּיל עָרֵי מִקְלָט שֶׁבְּסֵדֶר שֹׁפְטִים (מצוה תקכ), נִכְתֹּב מֵהֶם בְּעֶזְרַת הַשֵּׁם, שֶׁשְּׁלָשְׁתָּם מֵעִנְיָן אֶחָד הֵם, וְאִם נַפְשְׁךָ לָדַעַת הֲפֹךְ וַהֲפֹךְ בָּהֶן [הלכות שמיטה פי"ג].
The laws of this commandment are short. And I have written some of the laws in the commandments that are reliant upon it, such as the warning not to sell the field of open space of their cities. And so too, will I write about them, with God’s help, in the commandment to separate the cities of refuge in the Order of Shoftim (Sefer HaChinukh 520) — as the three of them are the same topic. And if you desire to know, “turn and turn in them.” (See Mishneh Torah, Laws of Sabbatical Year and the Jubilee 13.)
וְנוֹהֶגֶת מִצְוָה זוֹ בִּזְמַן שֶׁיִּשְׂרָאֵל שְׁרוּיִין עַל אַדְמָתָן, וְהִיא מִן הַמִּצְוֹת הַמֻּטָּלוֹת עַל הַצִּבּוּר כֻּלָּם, וְיוֹתֵר עַל רָאשֵׁי הָעָם, וְלֶעָתִיד לָבוֹא אַחַר יְרֻשָּׁה וִישִׁיבָה, מִיָּד נִקַיֵּם מִצְוַת עֲשֵׂה זוֹ, בִּמְהֵרָה בְּיָמֵינוּ אָמֵן.
And this commandment is practiced at the time that Israel is dwelling on its land. And it is among the commandments that is incumbent upon the whole community, but especially on the heads of the people. And in the future to come — after inheritance and settlement — we will immediately fulfill this commandment, speedily in our days, amen.