Deuteronomy 19:5

5 And whosoever shall enter with his neighbour into the thicket, to gather wood, if the hand of him that cuts wood with the axe should be violently shaken, and the axe head falling off from the handle should light on his neighbour, and he should die, he shall flee to one of these cities, and live.

Deuteronomy 19:5 Meaning and Commentary

Deuteronomy 19:5

As when a man goeth into the wood with his neighbour to hew
wood
A wood is a place common to men, and cutting down wood a business which any man might do; whereas a private place, where a man had no right to be, and doing what he had no business with, rendered a case suspicious, and such a man was liable to be taken up when any affair happened of the kind here spoken of; so the Jewish writers observe ^F20,

``a wood is a public place for him that hurts and him that is hurt to enter there;''

both had a right to go thither, the one as well as the other, he to whom the accident came, and he by whom it came; but they say, a court that belongs to a master of a house (a private court) is excepted, where there is no power or liberty for him that hurts or for him that is hurt to enter. Abba Saul says, What is hewing wood? It is what a man has a right to do, or is in his power; it is what is public and common, and not peculiar to any:

and his hand fetcheth a stroke with the axe to cut down the tree;
lifts up the axe and is about to strike with it, in order to cut down the tree pitched upon by him or by his neighbour, or both:

and the head slippeth from the halve;
the head of the axe from the handle of it,

or the iron from the wood
^F21; the iron part of the axe, which is properly the head, from the wooden part, which is laid hold on by the hand; and this not being well fastened, slips and falls off as the blow is fetching, or the stroke just ready to be given:

and lighteth upon his neighbour, that he die;
hits him in some part as he stands by him, which proves fatal:

he shall flee unto one of these cities, and live;
be safe and secure from the avenger of blood; such an one might have the benefit of one of these cities, for, for such they were designed: the rule with the Jews is, what is done by way of descent (i.e. which comes down and lights upon a man, and is not levelled against him, or thrown up at him) he is to be exiled (or to have the benefit of a city of refuge), but what is not by way of descent, he is not to have it. Some think this is spoken of the wood which is cleaved, and not of the wood in which the iron is fixed; but the wise men say it is to be so understood ^F24; in which they are right.

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FOOTNOTES:

F20 Misn. Maccot, c. 2. sect. 2.
F21 (Ueh Nm lzrbh) "ferrum e ligno", Pagninus, Montanus.
F24 Misn. Maccot, c. 2. sect. 1. Maimon. & Bartenora in ib.

Deuteronomy 19:5 In-Context

3 Take a survey of thy way, and thou shalt divide the coasts of thy land, which the Lord thy God apportions to thee, into three parts, and there shall be there a refuge for every manslayer.

4 And this shall be the ordinance of the manslayer, who shall flee thither, and shall live, whosoever shall have smitten his neighbour ignorantly, whereas he hated him not in times past.

5 And whosoever shall enter with his neighbour into the thicket, to gather wood, if the hand of him that cuts wood with the axe should be violently shaken, and the axe head falling off from the handle should light on his neighbour, and he should die, he shall flee to one of these cities, and live.

6 Lest the avenger of blood pursue after the slayer, because his heart is hot, and overtake him, if the way be too long, and slay him, though there is to this man no sentence of death, because he hated him not in time past.

7 Therefore I charge thee, saying, Thou shalt separate for thy self three cities.