Parshat Masei: The accidental murderer

In the history of mankind, rulers have often had the power over who will live and who will die. In some cases, one’s prison sentence might be linked indefinitely to the grudge of the ruling power, and reprieve might come about upon the latter’s death.

Much would depend on the nature of the crime of which the individual stood accused, while in many cases, there may not have been a crime committed at all.

The Torah presents a seemingly odd circumstance in which those who were accidental murderers, destined to live out their lives in cities of refuge to avoid avengement from the deceased’s relatives, were allowed to emerge from the city upon the death of the High Priest – not the king. The relatives had a free pass, so to speak, to avenge the blood of the deceased, until the death of the High Priest granted clemency and freedom to the accidental murderer. Any relative who carried out personal justice after this point would be considered a deliberate murderer, subject to the laws of murderers, and not avengers.

While the fact that accidental crime was not a politically rebellious act, it would seem that a safe haven or a city of refuge would nonetheless be a politically sanctioned area. Maybe it is unfair to suggest that the death of the king would bring about freedom for those taking refuge. But it makes less sense to tie the reprieve to the death of the High Priest! The High Priest position is spiritual and holy. In the classic Rabbinic literature, the High Priest is considered the holiest Jew! How could his death be intertwined with the release or reprieve of the accidental murderer?

The Yerushalmi Yoma 7:3 declares that the death of the High Priest is the Torah’s definition of the achievement of atonement for this act. This stands to suggest the High Priest is very connected to the advent of accidental murders.

There are a number of classic explanations for this connection.

The Talmud (Makkot 11b) faults the High Priest with not praying that the person’s trial return an innocent verdict.