Deuteronomy 19.

Matthew Henry

The laws which Moses had hitherto been repeating and urging mostly concerned the acts of religion and devotion towards God; but here he comes more fully to press the duties of righteousness between man and man. This chapter relates, I. To the sixth commandment, "Thou shalt not kill" (Deu 19:1-13). II. To the eighth commandment, "Thou shalt not steal" (Deu 19:14). III. To the ninth commandment, "Thou shalt not bear false witness," (Deu 19:15, etc.).

1–13. It was one of the precepts given to the sons of Noah that whoso sheddeth man's blood by man shall his blood be shed, that is, by the avenger of blood, Gen 9:6. Now here we have the law settled between blood and blood, between the blood of the murdered and the blood of the murderer, and effectual provision made,
I. That the cities of refuge should be a protection to him that slew another casually, so that he should not die for that as a crime which was not his voluntary act, but only his unhappiness. The appointment of these cities of refuge we had before (Exo 21:13), and the law laid down concerning them at large, Num 35:10, etc. It is here repeated, and direction is given concerning three things: -
1. The appointing of three cities in Canaan for this purpose. Moses had already appointed three on that side Jordan which he saw the conquest of; and now he bids them, when they should be settled in the other part of the country, to appoint three more, Deu 19:1-3, Deu 19:7. The country was to be divided into three districts, as near by as might be equal, and a city of refuge in the centre of each so that every corner of the land might have one within reach. Thus Christ is not a refuge at a distance, which we must ascend to heaven or go down to the deep for, but the word is nigh us, and Christ in the word, Rom 10:8. The gospel brings salvation to our door, and there it knocks for admission. To make the flight of the delinquent the more easy, the way must be prepared that led to the city of refuge. Probably they had causeways or street-ways leading to those cities, and the Jews say that the magistrates of Israel, upon one certain day in the year, sent out messengers to see that those roads were in good repair, and they were to remove stumbling-blocks, mend bridges that were broken, and, where two ways met, they were to set up a Mercurial post, with a finger to point the right way, on which was engraven in great letters, Miklat, Miklat - Refuge, Refuge. In allusion to this, gospel ministers are to show people the way to Christ, and to assist and direct them in flying by faith to him for refuge. They must be ready to remove their prejudices, and help them over their difficulties. And, blessed be God, the way of holiness, to all that seek it faithfully, is a highway so plain that the wayfaring men, though fools, shall not err therein.
2. The use to be made of these cities, Deu 19:4-6. (1.) It is supposed that it might so happen that a man might be the death of his neighbour without any design upon him either from a sudden passion or malice prepense, but purely by accident, as by the flying off of an axe-head, which is the instance here given, with which every case of this kind was to be compared, and by it adjudged. See how human life lies exposed daily, and what deaths we are often in, and what need therefore we have to be always ready, our souls being continually in our hands. How are the sons of men snared in an evil time, when it falls suddenly upon them! Ecc 9:12. An evil time indeed it is when this happens not only to the slain but to the slayer. (2.) It is supposed that the relations of the person slain would be forward to avenge the blood, in affection to their friend and in zeal for public justice. Though the law did not allow the avenging of any other affront or injury with death, yet the avenger of blood, the blood of a relation, shall have great allowances made for the heat of his heart upon such a provocation as that, and his killing only, should not be accounted murder if he did it before he got to the city of refuge, though it is owned he was not worthy of death. Thus would God possess people with a great horror and dread of the sin of murder: if mere chance-medley did thus expose a man, surely he that wilfully does violence to the blood of any person, whether from an old grudge or upon a sudden provocation, must flee to the pit, and let no man stay him (Pro 28:17); yet the New Testament represents the sin of murder as more heinous and more dangerous than even this law does. Jo1 3:15, You know that no murderer has eternal life abiding in him. (3.) It is provided that, if an avenger of blood should be so unreasonable as to demand satisfaction for blood shed by accident only, then the city of refuge should protect the slayer. Sins of ignorance indeed do expose us to the wrath of God, but there is relief provided, if by faith and repentance we make use of it. Paul that had been a persecutor obtained mercy, because he did it ignorantly; and Christ prayed for his crucifiers, Father, forgive them, for they know not what they do.
3. The appointing of three cities more for this use in case God should hereafter enlarge their territories and the dominion of their religion, that all those places which came under the government of the law of Moses in other instances might enjoy the benefit of that law in this instance, Deu 19:8-10. Here is, (1.) An intimation of God's gracious intention to enlarge their coast, as he had promised to their fathers, if they did not by their disobedience forfeit the promise, the condition of which is here carefully repeated, that, if it were not performed, the reproach might lie upon them, and not on God. He promised to give it, if thou shalt keep all these commandments; not otherwise. (2.) A direction to them to appoint three cities more in their new conquests, which, the number intimates, should be as large as their first conquests were; wherever the border of Israel went this privilege must attend it, that innocent blood be not shed, Deu 19:10. Though God is the saviour and preserver of all men, and has a tender regard to all lives, yet the blood of Israelites is in a particular manner precious to him, Psa 72:14. The learned Ainsworth observes that the Jewish writers themselves own that, the condition not being performed, the promise of the enlarging of their coast was never fulfilled; so that there was no occasion for ever adding these three cities of refuge; yet the holy blessed God (say they) did not command it in vain, for in the days of Messiah the prince three other cities shall be added to these six: they expect it to be fulfilled in the letter, but we know that in Christ it has its spiritual accomplishment, for the borders of the gospel Israel are enlarged according to the promise, and in Christ, the Lord our righteousness, refuge is provided for those that by faith flee to him.
II. It is provided that the cities of refuge should be no sanctuary or shelter to a wilful murderer, but even thence he should be fetched, and delivered to the avenger of blood, Deu 19:11-13. 1. This shows that wilful murder must never be protected by the civil magistrate; he bears the sword of justice in vain if he suffers those to escape the edge of it that lie under the guilt of blood, which he by office is the avenger of. During the dominion of the papacy in our own land, before the Reformation, there were some churches and religious houses (as they called them) that were made sanctuaries for the protection of all sorts of criminals that fled to them, wilful murderers not excepted, so that (as Stamford says, in his Pleas of the Crown, lib. II. c. 38) the government follows not Moses but Romulus, and it was not till about the latter end of Henry VIII's time that this privilege of sanctuary for wilful murder was taken away, when in that, as in other cases, the word of God came to be regarded more than the dictates of the see of Rome. And some have thought it would be a completing of that instance of reformation if the benefit of clergy were taken away for man-slaughter, that is, the killing of a man upon a small provocation, since this law allowed refuge only in case of that which our law calls chance-medley. 2. It may be alluded to to show that in Jesus Christ there is no refuge for presumptuous sinners, that go on still in their trespasses. If we thus sin wilfully, sin and go on in it, there remains no sacrifice, Heb 10:26. Those that flee to Christ from their sins shall be safe in him, but not those that expect to be sheltered by him in their sins. Salvation itself cannot save such: divine justice will fetch them even from the city of refuge, the protection of which they are not entitled to.

14. Here is a statute for the preventing of frauds and perjuries; for the divine law takes care of men's rights and properties, and has made a hedge about them. Such a friend is it to human society and men's civil interest.
I. A law against frauds, Deu 19:14. 1. Here is an implicit direction given to the first planters of Canaan to fix land-marks, according to the distribution of the land to the several tribes and families by lot. Note, It is the will of God that every one should know his own, and that all good means should be used to prevent encroachments and the doing and suffering of wrong. When right is settled, care must be taken that it be not afterwards unsettled, and that, if possible, no occasion of dispute may arise. 2. An express law to posterity not to remove those land-marks which were thus fixed at first, by which a man secretly got that to himself which was his neighbour's. This, without doubt, is a moral precept, and still binding, and to us it forbids, (1.) The invading of any man's right, and taking to ourselves that which is not our own, by any fraudulent arts or practices, as by forging, concealing, destroying, or altering deeds and writings (which are our land-marks, to which appeals are made), or by shifting hedges, meer-stones, and boundaries. Though the land-marks were set by the hand of man, yet he was a thief and a robber by the law of God that removed them. Let every man be content with his own lot, and just to his neighbours, and then we shall have no land-marks removed. (2.) It forbids the sowing of discord among neighbours, and doing any thing to occasion strife and law-suits, which is done (and it is very ill done) by confounding those things which should determine disputes and decide controversies. And, (3.) It forbids breaking in upon the settled order and constitution of civil government, and the altering of ancient usages without just cause. This law supports the honour of prescriptions. Consuetudo facit jus - Custom is to be held as law.
II. A law against perjuries, which enacts two things: - 1. That a single witness should never be admitted to give evidence in a criminal cause, so as that sentence should be passed upon his testimony, Deu 19:15. This law we had before, Num 35:30, and in this book, Deu 17:6. This was enacted in favour to the prisoner, whose life and honour should not lie at the mercy of a particular person that had a pique against him, and for caution to the accuser not to say that which he could not corroborate by the testimony of another. It is a just shame which this law puts upon mankind as false and not to be trusted; every man is by it suspected: and it is the honour of God's grace that the record he has given concerning his Son is confirmed both in heaven and in earth by three witnesses, Jo1 5:7. Let God be true and every man a liar, Rom 3:4. 2. That a false witness should incur the same punishment which was to have been inflicted upon the person he accused. If two, or three, or many witnesses, concurred in a false testimony, they were all liable to be prosecuted upon this law. (2.) The person wronged or brought into peril by the false testimony is supposed to be the appellant, Deu 19:17. And yet if the person were put to death upon the evidence, and afterwards it appeared to be false, any other person, or the judges themselves, ex officio - by virtue of their office, might call the false witness to account. (3.) Causes of this kind, having more than ordinary difficulty in them, were to be brought before the supreme court, The priests and judges, who are said to be before the Lord, because, as other judges sat in the gates of their cities, so these at the gate of the sanctuary, Deu 17:12. (4.) There must be great care in the trial, Deu 19:18. A diligent inquisition must be made into the characters of the persons, and all the circumstances of the case, which must be compared, that the truth might be found out, which, where it is thus faithfully and impartially enquired into, Providence, it may be hoped, will particularly advance the discovery of. (5.) If it appeared that a man had knowingly and maliciously borne false witness against his neighbour, though the mischief he designed him thereby was not effected, he must undergo the same penalty which his evidence would have brought his neighbour under, Deu 19:19. Nec lex est justior ulla - Nor could any law be more just. If the crime he accused his neighbour of was to be punished with death, the false witness must be put to death; if with stripes, he must be beaten; if with a pecuniary mulct, he was to be fined the sum. And because to those who considered not the heinousness of the crime, and the necessity of making this provision against it, it might seem hard to punish a man so severely for a few words' speaking, especially when no mischief did actually follow, it is added: Thy eye shall not pity, Deu 19:21. No man needs to be more merciful than God. The benefit that will accrue to the public from this severity will abundantly recompense it: Those that remain shall hear and fear, Deu 19:20. Such exemplary punishments will be warnings to others not to attempt any such mischief, when they see how he that made the pit and digged it has fallen into the ditch which he made.

John Gill

INTRODUCTION TO DEUTERONOMY 19

This chapter contains an order to separate three cities of refuge in the land of Canaan, for such that killed a man unawares to flee to, of which those who were guilty of murder purposely were to have no benefit, Deu 19:1, a law is given against removing landmarks, Deu 19:14, and others concerning witnesses, that they should be more than one; be two, or three, Deu 19:15, and that a false witness, on conviction, should be punished, Deu 19:16.

1. When the Lord thy God hath cut off the nations whose land the Lord thy God giveth thee,.... The seven nations of the land of Canaan, whose destruction was of the Lord for their sins, and whose land was a gift of him that had a right to dispose of it to the children of Israel; see Deu 12:29.

and thou succeedest them, and dwellest in their cities, and in their houses; should possess their land in their stead, by virtue of the gift of it to them by the Lord, and inhabit their cities and houses built by them.

2. Thou shalt separate three cities for thee in the midst of thy land,.... From the cities they took possession of and dwelt in; and indeed from the cities of the Levites, which were given to them to inhabit; three were before ordered to be separated from those inhabited by the tribes of Reuben and Gad, and the half tribe of Manasseh, Deu 4:41 but these were to be in the midst of the land of Canaan; see Jos 20:7,

which the Lord thy God giveth thee to possess it: which as it is often mentioned when this land is spoken of, so it carries in it a reason here why this order of the Lord's should be readily complied with, the whole land and all the cities of it being the gift of his to them.

3. Thou shalt prepare thee a way,.... A road, an highway to those cities: on the first of Adar, or February, the magistrates used to meet, and proclaimed, or ordered to be proclaimed, that the ways be repaired (r), particularly those leading to the cities of refuge; which was done by making them smooth and plain, so that there was not an hill or dale to be seen; and by building bridges over rivers and brooks, that he might escape who had killed anyone through mistake, and not be hindered, lest the avenger of blood should overtake him and kill him (s); and therefore every obstruction was removed out of the way, that there might be a clear course for him; and at the parting of ways, or where two or more ways met, that he might not be at a loss one moment which way to take, "refuge" was written, as Jarchi and other writers observe, upon posts or pillars erected for that purpose: See Gill on Num 35:6,

and divide the coasts of thy land, which the Lord thy God giveth thee to inherit, in three parts; in each of which was to be a city of refuge, and those at an equal distance: so Jarchi observes, that this was done that there might be from the beginning of the border (of the land) unto the first city of the cities of refuge, according to the measure of a journey, that there is from that to the second, and so from the second to the third, and so from the third to the other border of the land of Israel: of the situation of these cities, so as to answer to those on the other side Jordan; see Gill on Num 35:14,

that every slayer may flee thither; to that which is nearest and most convenient for him, that is, who had slain a man unawares, as follows.

(r) Misn. Shekalim, c. 1. sect. 1. (s) Maimon. & Bartenora in ib.

4. And this is the case of the slayer, which shall flee thither, that he may live,.... It was not any slayer that might have protection in these cities, but such who were thus and thus circumstanced, or whose case was as follows:

whoso killeth his neighbour ignorantly; without intention, as the Targum of Jonathan, did not design it, but was done by him unawares:

whom he hated not in time past; had never shown by words or deeds that he had any hatred of him or enmity to him three days ago; so that if there were no marks of hatred, or proofs of it three days before this happened, it was reckoned an accidental thing, and not done on purpose, as this phrase is usually interpreted; see Exo 21:29.

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 (t),"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 (u); 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 (x); in which they are right.

(t) Misn. Maccot, c. 2. sect. 2. (u) "ferrum e ligno", Pagninus, Montanus. (x) Misn. Maccot, c. 2. sect. 1. Maimon. & Bartenora in ib.

6. Lest the avenger of blood pursue the slayer,.... These words are to be connected with Deu 19:3, where it is ordered to prepare the way to the cities of refuge, and to divide the land into three parts, for the convenience of the slayer to flee thither, lest he that was next of kin, and incensed against the slayer, and determined to avenge what was done, should pursue after him:

while his heart is hot; by reason of the loss of his relation, upon which his passions being raised, his heart becomes inflamed with wrath and anger; which pushes him upon an eager and hasty pursuit of the slayer, before he sits down and coolly considers and deliberates on the affair:

and overtake him, because the way is long, and slay him; wherefore it was proper that everything should be done to make the way to these cities as easy and as short as it could be:

whereas he was not worthy of death; had not committed an action deserving of it, it being done ignorantly and without notice, as follows:

inasmuch as he hated him not in time past; See Gill on Deu 19:4.

7. Wherefore I command thee, saying, thou shalt separate three cities for thee. This was to be done immediately, as soon as they were settled in the land of Canaan, and established in the possession of it, the inhabitants being cut off, or driven out, or however subdued.
Wherefore I command thee, saying, thou shalt separate three cities for thee. This was to be done immediately, as soon as they were settled in the land of Canaan, and established in the possession of it, the inhabitants being cut off, or driven out, or however subdued.
Deuteronomy 19:8

deu 19:8
deu 19:8
deu 19:8And if the Lord thy God enlarge thy coast,.... Extend it further than it was upon their first settlement, even carry it as far as the river Euphrates, as in the times of Solomon, Kg1 4:21. Jarchi interprets it of such an enlargement as to give them the land of the Kenites, the Kenizzites and Kadmonites:

(as he hath sworn unto thy fathers), and give thee all the land which he promised to give unto thy, fathers: Abraham, Isaac, and Jacob; see Gen 15:19.

8. If thou shalt keep all these commandments to do them, which I command thee this day,.... A phrase often met with before, and signifies the putting in practice the several laws, moral, ceremonial, and judicial, which Moses was now making a repetition of, and enjoining the observance of them by a divine authority:

to love the Lord thy God; which is the source and spring of genuine obedience to the commands of God:

and to walk ever in his ways; noting constancy and perseverance in them; now all this is mentioned as the condition of the enlargement of their coast, which would be the case if a due and constant regard was had to the laws of God:

and then shall thou add three cities more besides these three; three more in the land of Canaan, besides the three now ordered to be separated in it, and besides the three on the other side of Jordan; so that there would have been nine in all, if these had been ever added; but that time never came: the Jews expect the addition of these three cities in the days of the Messiah (y) but the Messiah is already come, and all those cities, as they were typical of him, have had their accomplishment in him the antitype of them, of which See Gill on Num 35:29.

(y) Maimon. Hilchot Rotzeach, c. 8. sect. 4.

9. That innocent blood be not shed,.... As it would be if such a slayer as before described was killed by the avenger of blood, before he could get to one of these cities of refuge, or supposing that they had not bean appointed, or a sufficient number of them:

which the Lord thy God giveth thee for an inheritance; to be enjoyed by them and their children after them, provided they did not defile it by their sins, but observed the commands of the Lord to obey them and

so blood be upon thee; the guilt of innocent blood crying for vengeance, as would be the case if such a man's blood was shed as before described; it seems as if the guilt would rather affect the whole land, for not having a proper provision of "asylums" for such persons, than the avenger of blood.

10. But if any man hate his neighbour,.... Has conceived enmity in his heart against him, bears him a mortal hatred, and has formed a scheme in his mind to take away his life:

and lie in wait for him knowing and expecting he will come by in such a way at such a time:

and rise up against him; out of the place where he lay in wait, just at the time he is passing by:

and smite him mortally that he die; or smite him

in soul or life (z); in such a part where life is in danger, and the consequence of it is that he dies:

and fleeth into one of these cities; for shelter from the avenger of blood.

(z) "anima", Montanus, Vatablus.

11. Then the elders of his city shall send and fetch him thence,.... The Targum of Jonathan is,"the wise men of his city,''the sanhedrim, or court of judicature, or at least the civil magistrates of that city, to which such a murderer belonged, had a power to send to the city of refuge whither he was fled, and demand the delivering of him up to them, that his case might be tried before them, and it might appear whether he was a proper person to receive the benefit of the city of refuge or not, and if not, to pass sentence of death upon him, and see it executed as follows:

and deliver him into the hand of the avenger of blood, that he may die; that is, after the examination and trial of him, and when he is found guilty, and sentence is passed upon him, then he was to be delivered into the hands of the avenger of blood, to be the executioner of that sentence.

12. Thine eye shall not pity him,.... This is not said to the avenger of blood, who is not to be supposed to have any pity or compassion on such a person, but to the elders, judges, and civil magistrates of the city to which he belonged, who took cognizance of his case; these were to show him no favour on account of his being a citizen, a neighbour, a relation or friend, or a rich man, or on any account whatever; but without favour or affection were to judge him and put him to death as a murderer; see Num 35:21,

but thou shall put away the guilt of innocent blood from Israel; by which they would be defiled, and be liable to punishment for it; see Num 35:33, the Targum of Jonathan is,"shall put away those that shed innocent blood out of Israel;''put them away by death:

that it may go well with thee; with the whole land and its inhabitants, and with the city particularly, and the magistrates, and men of it, to which the murderer condemned to death belonged, being continued in the enjoyment of all temporal blessings and mercies.

13. Thou shalt not remove thy neighbour's landmark,.... By which one man's land is distinguished from another; for so to do is to injure a man's property, and alienate his lands to the use of another, which must be a very great evil, and render those that do it obnoxious to a curse, Deu 27:17.

which they of old have set in thine inheritance, which thou shall inherit in the land that the Lord thy God giveth thee to possess it; the land of Canaan: this is thought to refer to the bounds and limits set in the land by Eleazar and Joshua, and those concerned with them at the division of it; when not only the tribes were bounded; and distinguished by certain marks, but every man's estate, and the possession of every family in every tribe which though not as yet done when this law was made, yet, as it respects future times, might be said to be done of old, whenever there was any transgression of it, which it cannot be supposed would be very quickly done; and it is a law not only binding on the inhabitants of the land of Canaan, but all others, it being agreeably to the light and law of nature, and which was regarded among the Heathens, Pro 22:28.

14. One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth,.... Whether capital sins, or pecuniary debts; or whatsoever sins a man may be guilty of whether sins against the first or second table of the law, whether greater or lesser sins, whether in moral or civil things; the Jews except only in the case of a woman suspected of adultery and of beheading the heifer:

at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established; either for acquittance or condemnation; and the witnesses may not, as Jarchi says, write their testimony in a letter, and send it to the sanhedrim, nor may an interpreter stand between the witnesses and the judges; See Gill on Deu 17:6.

15. If a false witness rise up against any man,.... In a court of judicature:

to testify against him: that which is not true of him, let it be in what case it will; Aben Ezra instances in idolatry, but it holds good of any other.

16. Then both the men between whom the controversy is,.... The man that bears the false witness, and the man against whom it is borne:

shall stand before the Lord; as in the presence of him, the omniscient God, and as represented by judges and civil magistrates, whose vicegerents they are; so it seems to be explained in the next words, which are exegetical of these:

before the priests and the judges which shall be in those days; which shall compose the sanhedrim, or court of judicature; and this seems to confirm it, that by priest and judge, in Deu 17:9 are meant priests and judges; Jarchi says, this Scripture speaks of witnesses, that is, of the false witness that testifies wrong against a man, and another that contradicts his testimony, and teaches that there is no witness by women; and so it is elsewhere said (a), an oath of witness is made by men, and not by women; on which it is observed (b) that a woman is not fit to bear witness, as it is written:

then both the men,.... men and not women; and the above writer remarks further, that it teaches that they ought to bear testimony standing.

(a) Misn. Shebuot, c. 4. sect. 1. (b) Bartenora in ib.

17. And the judges shall make diligent inquisition,.... Into the case before them, into the nature of the evidence and proof that each witness brings for or against; so the Targum of Jonathan,"the judges shall interrogate the witness, by whom these things are said, well;''shall thoroughly examine the testimony given, and look carefully into it:

and, behold, if the witness be a false witness, and hath testified falsely against his brother; it appears plainly by full evidence that he has testified a falsehood of him.

18. Then shall ye do unto him as he had thought to have done unto his brother,.... Inflict the same fine or punishment on him he thought to have brought his brother under by his false testimony of him; whether any pecuniary fine, or whipping and scourging, or the loss of a member, or the value of it, or death itself; whether stoning, strangling, burning, or killing with the sword: though, in the case of accusing a priest's daughter of adultery, as Jarchi observes, such were not to be burnt, as would have been her case if proved, but strangled:

so shalt thou put the evil away from among you; the evil man that bears a false testimony of his brother, or the guilt of sin which would be incurred by conniving at him.

19. And those which remain shall hear, and fear,.... Those which survive the false witness shall hear of the punishment inflicted on him, and fear to commit the like sin, lest they should be punished in like manner.
Deuteronomy 19:21

JFB

OF THE CITIES OF REFUGE. (Deu 19:1-13)

Thou shalt separate three cities for thee in the midst of thy land--Goelism, or the duty of the nearest kinsmen to avenge the death of a slaughtered relative, being the customary law of that age (as it still is among the Arabs and other people of the East), Moses incorporated it in an improved form with his legislative code. For the protection of the unintentional homicide, he provided certain cities of refuge--three had been destined for this purpose on the east of Jordan (Deu 4:41; Num 35:11); three were to be invested with the same privilege on the west of that river when Canaan should be conquered.

in the midst of thy land--in such a position that they would be conspicuous and accessible, and equidistant from the extremities of the land and from each other.

3–5. Thou shalt prepare thee a way--The roads leading to them were to be kept in good condition and the brooks or rivers to be spanned by good bridges; the width of the roads was to be thirty-two cubits; and at all the crossroads signposts were to be erected with the words, Mekeleth, Mekeleth, "refuge, refuge," painted on them.

divide the coasts of thy land . . . into three parts--the whole extent of the country from the south to the north. The three cities on each side of Jordan were opposite to each other, "as two rows of vines in a vineyard" (see on Jos 20:7).

6–7. Lest the avenger of the blood pursue the slayer, while his heart is hot--This verse is a continuation of Deu 19:3 (for Deu 19:4-5, which are explanatory, are in a parenthetical form), and the meaning is that if the kinsman of a person inadvertently killed should, under the impulse of sudden excitement and without inquiring into the circumstances, inflict summary vengeance on the homicide, however guiltless, the law tolerated such an act; it was to pass with impunity. But to prevent such precipitate measures, the cities of refuge were established for the reception of the homicide, that "innocent blood might not be shed in thy land" (Deu 19:10). In the case of premeditated murder (Deu 19:11-12), they afforded no immunity; but, if it were only manslaughter, the moment the fugitive was within the gates, he found himself in a safe asylum (Num 35:26-28; Jos 20:6).

8–13. And if the Lord thy God enlarge thy coast--Three additional sanctuaries were to be established in the event of their territory extending over the country from Hermon and Gilead to the Euphrates (see Gen 15:18; Exo 23:31). But it was obscurely hinted that this last provision would never be carried into effect, as the Israelites would not fulfil the conditions, namely, "that of keeping the commandments, to love the Lord, and walk ever in his ways." In point of fact, although that region was brought into subjection by David and Solomon, we do not find that cities of refuge were established; because those sovereigns only made the ancient inhabitants tributary, instead of sending a colony of Israelites to possess it. The privilege of sanctuary cities, however, was given only for Israelites; and besides, that conquered territory did not remain long under the power of the Hebrew kings.

14. THE LANDMARK IS NOT TO BE REMOVED. (Deu 19:14)

Thou shalt not remove thy neighbour's landmark, which they of old have set in thine inheritance--The state of Palestine in regard to enclosures is very much the same now as it has always been. Though gardens and vineyards are surrounded by dry-stone walls or hedges of prickly pear, the boundaries of arable fields are marked by nothing but by a little trench, a small cairn, or a single erect stone, placed at certain intervals. It is manifest that a dishonest person could easily fill the gutter with earth, or remove these stones a few feet without much risk of detection and so enlarge his own field by a stealthy encroachment on his neighbor's. This law, then, was made to prevent such trespasses.

15. TWO WITNESSES REQUIRED. (Deu 19:15)

One witness shall not rise up against a man for any iniquity--The following rules to regulate the admission of testimony in public courts are founded on the principles of natural justice. A single witness shall not be admitted to the condemnation of an accused person.

16. PUNISHMENT OF A FALSE WITNESS. (Deu 19:16-21)

But if convicted of perjury, it will be sufficient for his own condemnation, and his punishment shall be exactly the same as would have overtaken the object of his malignant prosecution. (See on Exo 21:23; see also Lev 24:20).

Next: Deuteronomy Chapter 20