Revenge is one of those things that can take over a person's life and utterly consume their every waking thought and action. The impulse to take action against those who have wronged us can be absolutely overwhelming. Shylock in Shakespeare's Merchant of Venice famously defends his basic humanity with the well known words, "If you prick us, do we not bleed? If you tickle us, do we not laugh? If you poison us, do we not die? And if you wrong us, shall we not revenge?" In other words, revenge is as basic to humanity as our very mortality.
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It is within this understanding of the nature of revenge that the Torah decrees that cities of refuge shall be constructed throughout the Land of Israel. These protected spaces are meant to serve as safe havens for those who have unintentionally killed another human being. The threat of revenge from family members enraged over the loss of their loved ones is just too great to risk exposure for these individuals and for their own safety they must remain within the confines of these cities.
The Torah though does not allow all murderers refuge in these safe spaces. The act of murder must have been done within a certain set of parameters for the individual to be granted asylum. The Parshadescribes in great length the specifications and it is within the context of that description that we come across a fascinating statement:
"But if he pushed him accidentally, without malice, or threw an object at him without premeditation, or, with any stone which is deadly, and without seeing [his victim] he threw it down at him and it killed him, but he was not his enemy and bore him no malice (35:22-23)."
In describing some of the parameters that define an unintentional murder the Torah specifically points to the intent of the murderer (e.g. "without malice," "without premeditation," "was not his enemy" and "bore him no malice"). I have been told by trial lawyers that one of the most difficult elements to prove beyond a reasonable doubt is the actual intent of the defendant. One can reasonably demonstrate based on various pieces of evidence what the intent most likely was but as long as the defendant denies malicious intent, it is very difficult to absolutely and unequivocally prove.
The Torah serves as both a judicial roadmap towards creating a just society and as a living document that challenges us religiously, spiritually, morally and ethically. In its judicial capacity this text needs to be understood in a way that is manageable and doable for human courts and a human justice system. Thus, the Gemara in Makkot 7b learns a basic principle from this verse that those who while throwing things down kill someone can claim refuge, the same is not true for those who heave heavy objects upwards. The assumption is that throwing a heavy object up requires more focus and attention and thus one should notice if someone is standing right in your direction while throwing an object downwards is relatively easy and one can easily just drop an item without realizing who is standing below.
Simultaneously, this pasuk is challenging us to live a life of self-awareness and honesty. When one throws objects around one should look before they throw. The same is true for when one does any action in this world - one must be aware of what they are doing, be in the moment and also think about the consequences of that action. A person must also be honest with themselves and with others. It takes great courage to be truly honest with one's self and that is even more true when it comes to others. A person could only rightfully claim refuge when they really bore no malice or bad intentions towards their victim. Knowing one's own intentions and feelings towards others is a critical piece of being part of community and towards greater self-understanding. The Parsha challenges us to live up to a life filled with moments of self-reflection and a life of honest interactions with our own self and with the rest of humanity.
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