Deut. 19:1 ¶ When the LORD thy God hath cut off the nations, whose land the LORD thy God giveth thee, and thou succeedest them, and dwellest in their cities, and in their houses; 

Deut. 19:2 Thou shalt separate three cities for thee in the midst of thy land, which the LORD thy God giveth thee to possess it. 

The prophet shifts gears again as he takes up the subject of cities of refuge.  Three of these cities were established as recorded in chapter 4 on the east side of the Jordan for those of the tribes of Reuben, Gad and Manasseh that were given inheritance in that area.  The taking of the land will happen in stages, and in these verses he is addressing the first stage of possession.  It’s important to note that Moses uses language to address “when” not “if” they cut off the nations that are currently in the land and take possession of their cities and houses.  Why?  Because YHWH is giving them the land; they are not taking it in their own power.   Just as on the east side of the Jordan, they are to establish three cities of refuge on the west side of Jordan.

Deut. 19:3 Thou shalt prepare thee a way, and divide the coasts of thy land, which the LORD thy God giveth thee to inherit, into three parts, that every slayer may flee thither. 

These three cities of refuge are to be strategically located so as to be easily accessible by all the people of Israel.  The primary purpose for these cities is to provide safe haven for those who have taken the life of another accidentally.

Again, emphasis is made that it is “the LORD thy God” that is giving them the land.

Deut. 19:4 And this is the case of the slayer, which shall flee thither, that he may live: Whoso killeth his neighbour ignorantly, whom he hated not in time past; 

Deut. 19:5 As when a man goeth into the wood with his neighbour to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head slippeth from the helve, and lighteth upon his neighbour, that he die; he shall flee unto one of those cities, and live: 

Deut. 19:6 Lest the avenger of the blood pursue the slayer, while his heart is hot, and overtake him, because the way is long, and slay him; whereas he was not worthy of death, inasmuch as he hated him not in time past. 

Moses leaves no doubt that these cities of refuge are to protect one who unintentionally causes the death of another.  There is to be no evidence that they had once been enemies.  He even gives the example of someone chopping down a tree; and as he is chopping, the head slips off the ax and strikes a fatal blow to someone else in the area.  The Lord knows the natural response of our human passions.  He knows that it is quite likely that one of the loved ones of the victim might respond in anger resulting in the death of another innocent man.  The cities of refuge are to be located so as to be reachable before being overtaken by the angry avenger.

Deut. 19:7 Wherefore I command thee, saying, Thou shalt separate three cities for thee. 

Deut. 19:8 And if the LORD thy God enlarge thy coast, as he hath sworn unto thy fathers, and give thee all the land which he promised to give unto thy fathers; 

Deut. 19:9 If thou shalt keep all these commandments to do them, which I command thee this day, to love the LORD thy God, and to walk ever in his ways; then shalt thou add three cities more for thee, beside these three: 

Deut. 19:10 That innocent blood be not shed in thy land, which the LORD thy God giveth thee for an inheritance, and so blood be upon thee. 

Moses is declaring that there are to be three cities established in the first stage of possessing the land.  As the LORD continues to allow the nation to grow, they are to add three more cities as necessary to provide the necessary refuge.  

It is important to note that Moses allows for the contingency of growth according to the obedience of the people in keeping God’s commandments and living according to His instructions.  That He would give His people land for a nation was a sure thing; that they would be given possession of all the land promised to the fathers was dependent upon their response to God in love and obedience.

Verse 10 clearly implies that the people would be held accountable for knowingly allowing innocent blood to be shed.

Deut. 19:11 But if any man hate his neighbour, and lie in wait for him, and rise up against him, and smite him mortally that he die, and fleeth into one of these cities: 

Deut. 19:12 Then the elders of his city shall send and fetch him thence, and deliver him into the hand of the avenger of blood, that he may die. 

If, however, there is evidence of enmity between the murderer and the victim and that the murder was premeditated, the person seeking refuge is to be delivered into the custody of the elders of the city to allow the murder of the victim to be avenged.  The judgment for premeditated murder is death.

Deut. 19:13 Thine eye shall not pity him, but thou shalt put away the guilt of innocent blood from Israel, that it may go well with thee. 

No one is to have pity or spare (from the Hebrew) the life of the murderer.  God had already established with Noah that one who takes a man’s life is to pay with his own life.

Genesis 9:6 “Whoso sheddeth man’s blood, by man shall his blood be shed: for in the image of God made he man.”

The Lord is clear in repeatedly declaring that the prosperity of the nation was dependent upon their obedience to His commands.

I can’t help but wonder how drastically our nation has been impacted by disregarding this principle.

Deut. 19:14 ¶ Thou shalt not remove thy neighbour’s landmark, which they of old time have set in thine inheritance, which thou shalt inherit in the land that the LORD thy God giveth thee to possess it. 

Again, Moses changes the subject—this time to the adherence to land allotments.  The Lord specifically delegated the land areas to be inherited by each tribe.  The families of each tribe were then given allotments in the designated area.  These land allotments were not to be altered.  In searching for the consequence for disobedience, the only verse I could find was in Proverbs.

Proverbs 23:10-11 “Remove not the old landmark; and enter not into the fields of the fatherless:  For their redeemer is mighty; he shall plead their cause with thee.”

The Hebrew for plead makes it clear that God will be the defender of those who are wronged.

Deut. 19:15 One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established. 

The Lord provides a safeguard against false accusation by requiring the testimony of two or three witnesses to verify a charge of wrongdoing.  Sadly, I think we have gotten to the point in today’s society in which even that is no longer a reliable safeguard.  We have to remember that God is talking to His people who at this point are acknowledging Him as LORD.  In a society that overwhelmingly acknowledges God as Lord, I believe this safeguard would still be sufficient.  The truth is that in America today, this cannot be said to be the case.  

Deut. 19:16 If a false witness rise up against any man to testify against him that which is wrong; 

Deut. 19:17 Then both the men, between whom the controversy is, shall stand before the LORD, before the priests and the judges, which shall be in those days; 

Deut. 19:18 And the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother; 

Deut. 19:19 Then shall ye do unto him, as he had thought to have done unto his brother: so shalt thou put the evil away from among you. 

In this section of verses Moses is basically saying that one who is found to be making false accusation against another is to be judged according to the crime for which he made false accusation.  Without the support of other witnesses, the determination of truth is to be made by the priests and judges that are in office at the time through “diligent inquisition.”  The Hebrew defines inquisition as not only verbal questioning, but also physical investigation.

Deut. 19:20 And those which remain shall hear, and fear, and shall henceforth commit no more any such evil among you. 

Deut. 19:21 And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot. 

These instructions are intended to serve as a deterrent to evil.  God’s directives for punishment are to be followed specifically—life for life, eye for eye, tooth for tooth, hand for hand and foot for foot.  

I would imagine that if we had a truly just judicial system, this principle would prove to be true today.  There is no effective deterrent to evil because we are so bent on using man’s wisdom vs. God’s.  We have determined it to be better to provide rehabilitation and/or show leniency when it comes to even major crimes.  Even when we do decide to pass judgment, the judicial system is so slow and laborious that deterrence is almost nil.

Deut. 20:1 ¶ When thou goest out to battle against thine enemies, and seest horses, and chariots, and a people more than thou, be not afraid of them: for the LORD thy God is with thee, which brought thee up out of the land of Egypt. 

The focus of all the instruction that Moses delivered to the people from the LORD centered on trusting God to provide for them as they followed Him in faith and obedience.  Back in chapter 17 we read a prophecy regarding the fact that the people would one day want to have a king.  This would come to pass a few hundred years in the future, but already the LORD was instructing them that their king should never accumulate horses (which would preclude chariots).  Although He would accede to their request for a king, the LORD is emphasizing that their security should be centered in His provision for them.  They had first hand experience concerning the superior power of God vs the horses and chariots of Pharaoh’s army.   They had no reason to fear any enemy, no matter how great or how well equipped, with the LORD on their side.  It reminds me of an oft heard formula:  God + me = victory; though more accurately stated would be “God for me equals victory.”  As Paul stated in his letter to the Romans:

“….If God be for us, who can be against us?”  (Romans 8:31)

Deut. 20:2 And it shall be, when ye are come nigh unto the battle, that the priest shall approach and speak unto the people, 

Deut. 20:3 And shall say unto them, Hear, O Israel, ye approach this day unto battle against your enemies: let not your hearts faint, fear not, and do not tremble, neither be ye terrified because of them; 

Deut. 20:4 For the LORD your God is he that goeth with you, to fight for you against your enemies, to save you. 

It’s interesting to note that the priest—not their military leader—is to address the military before they engage in battle with their enemies.  They are to remind the troops that the “LORD your God” will be with them and will fight for them.  God never loses a battle.  They should be confident and without fear with the knowledge that YHWH is with them; they had plenty of firsthand experience as to His authority and power over His creation.   These verses remind me of the Lord’s message to the church through the Apostle Paul in his letter to Timothy.

2Timothy 1:7 “For God hath not given us the spirit of fear; but of power, and of love, and of a sound mind.”

Deut. 20:5 And the officers shall speak unto the people, saying, What man is there that hath built a new house, and hath not dedicated it? let him go and return to his house, lest he die in the battle, and another man dedicate it. 

Deut. 20:6 And what man is he that hath planted a vineyard, and hath not yet eaten of it? let him also go and return unto his house, lest he die in the battle, and another man eat of it. 

Deut. 20:7 And what man is there that hath betrothed a wife, and hath not taken her? let him go and return unto his house, lest he die in the battle, and another man take her. 

Deut. 20:8 And the officers shall speak further unto the people, and they shall say, What man is there that is fearful and fainthearted? let him go and return unto his house, lest his brethren’s heart faint as well as his heart. 

This is an interesting section and certainly in great contrast to how things are done in our military forces.  After the priests exhort the troops from a spiritual perspective, the military leaders are to assess the troops from a physical perspective.  

Before taking troops out to battle, the military leaders were to exempt from service those who fell into any of four categories.  It was interesting to note that the Hebrew for dedicated in verse 5 stated “to initiate or discipline…train up.”  This seems to me to be speaking of a man with young children who need his spiritual leadership.  A father’s first responsibility before God is to his family, and the people were to respect that priority.  

Also to be exempt were those who had planted a garden or vineyard and had not yet enjoyed the fruits of his labor.  That is extremely interesting to me since the nation of Israel was basically an agricultural society, and it would seem that would eliminate many men.  I would assume this would apply only to those who had actually had to work their crops themselves—not those who had servants to do their work for them.  This would go along with God’s teaching that we will reap what we sow.   

The next group to be exempt included those who were betrothed to be wed but had not yet consummated their marriage.  I would assume that would be in reference to God’s instruction that man should not dissolve a union of two people before Him.  In that culture the marriage was binding from the time of the betrothal.  Physical consummation did not occur until after the man had prepared a home for his bride.  To endanger a man’s life in battle before he was able to take his bride home and become one in flesh would destroy the spiritual type of the relationship of the bride to Christ.  That Christ will come and take his bride to a home prepared in the Father’s house is a sure thing; nothing can or will prevent the consummation of our marriage to Him so to speak.

The final group of men to be exempt from battle included those who were fearful and lacking courage.  Point is made that fear is contagious, and you wouldn’t want those in the ranks who might provoke insurrection in the ranks.  Courage inspires courage; fear inspires fear.

Deut. 20:9 And it shall be, when the officers have made an end of speaking unto the people, that they shall make captains of the armies to lead the people. 

Once the numbers available to fight were determined, the military officers were to divide them up into smaller groups and appoint captains for each group.  It is far easier to direct large groups using this method.  There has to be a recognized line of authority for giving direction according to their military objectives. 

Deut. 20:10 ¶ When thou comest nigh unto a city to fight against it, then proclaim peace unto it. 

Deut. 20:11 And it shall be, if it make thee answer of peace, and open unto thee, then it shall be, that all the people that is found therein shall be tributaries unto thee, and they shall serve thee. 

The reference in these verses has to apply to cities located outside the Promised Land.  God had already given instruction that the people of cities in the Promised Land were to be completely destroyed.

Deuteronomy 7:16, 23-25 “And thou shalt consume all the people which the LORD thy God shall deliver thee; thine eye shall have no pity upon them: neither shalt thou serve their gods; for that will be a snare unto thee…. But the LORD thy God shall deliver them unto thee, and shall destroy them with a mighty destruction, until they be destroyed. And he shall deliver their kings into thine hand, and thou shalt destroy their name from under heaven: there shall no man be able to stand before thee, until thou have destroyed them. The graven images of their gods shall ye burn with fire: thou shalt not desire the silver or gold that is on them, nor take it unto thee, lest thou be snared therein: for it is an abomination to the LORD thy God.”

Verse 15 below in fact specifies this to be the reference.  I had not realized that God was basically giving His approval to future aspirations of extending their boundaries, but this seems to be the case.  

Evidently, when it was determined to be to their benefit to take possession of other cities bordering the land actually defined as God’s gift to them, they were first to approach them with an offer of peace.  If their offer is accepted and the gates are opened in surrender, the people are then expected to serve the nation of Israel.

Deut. 20:12 And if it will make no peace with thee, but will make war against thee, then thou shalt besiege it: 

Deut. 20:13 And when the LORD thy God hath delivered it into thine hands, thou shalt smite every male thereof with the edge of the sword: 

Deut. 20:14 But the women, and the little ones, and the cattle, and all that is in the city, even all the spoil thereof, shalt thou take unto thyself; and thou shalt eat the spoil of thine enemies, which the LORD thy God hath given thee. 

Deut. 20:15 Thus shalt thou do unto all the cities which are very far off from thee, which are not of the cities of these nations. 

If they refuse the offer of peace and stand in opposition to the armies of Israel, they were to “besiege” it—to surround it and seal it off until the people were forced to surrender.  As usual, when following God’s direction, the people can expect victory—“when” the Lord delivers the city into their hands.  They are then to kill every adult male, but they are allowed to take as spoil the women, children, cattle and all material wealth.

Deut. 20:16 But of the cities of these people, which the LORD thy God doth give thee for an inheritance, thou shalt save alive nothing that breatheth: 

Deut. 20:17 But thou shalt utterly destroy them; namely, the Hittites, and the Amorites, the Canaanites, and the Perizzites, the Hivites, and the Jebusites; as the LORD thy God hath commanded thee: 

At this point Moses points out that all the peoples of the “Promised Land”—the Hittites, Amorites, Canaanites, Perizzites, Hivites and Jebusites—are to be utterly destroyed; nothing that breathes is to be left alive.  

Deut. 20:18 That they teach you not to do after all their abominations, which they have done unto their gods; so should ye sin against the LORD your God. 

This is a key verse to understanding God’s instructions.  The LORD wants to eradicate everything from the land that would serve as a temptation to lead them into disobedience and rebellion against Him.  He wants to establish a fence of protection around them.

I read the scripture for years without really processing this instruction as a loving act of a loving God.  It took me a long time to connect this instruction to the reason that Israel had to serve as slaves in Egypt for so long before God would allow them to take possession of the land.

Genesis 15:16 “But in the fourth generation they shall come hither again: for the iniquity of the Amorites is not yet full.”

It’s not an easy thing to reconcile God’s omniscience with His desire to give man the ability to make his own choices.  God knew all along that the Amorites (as well as the other nations mentioned) were not going to turn to Him in repentance and faith.  Still, He allowed them to continue as a people until they had gotten to the “point of no return” so to speak.  Not one person of His creation will be able to stand in judgment before God with an excuse of “God isn’t fair.”  In fact, He goes to the nth degree of longsuffering to prove His love and mercy.  Peter expresses it well in connection to why the Lord Jesus is delaying His return to take His throne.

2Peter 3:9 “The Lord is not slack concerning his promise, as some men count slackness; but is longsuffering to us-ward, not willing that any should perish, but that all should come to repentance.”

I found a good illustration by Chuck Smith regarding this section.

“It would be much like you being a guard at a school watching over the kindergartners. And seeing them out there in the playground and observing a little dog running up the street with foam coming out of his mouth yipping and nipping at everything. And you immediately recognize the symptoms of this dog, its actions. You know that it has hydrophobia, rabies. Now, would you be justified in killing that little rabid dog before it could get on the school grounds? Or should you just sit there and say, "Oh, look at that dog. I think it has rabies. Look at it biting all of the children. My, that isn't nice. Little dog shouldn't bite children like that." Man I'd fire you so fast. The dog is rabid. It's going to die; it can't live if it's got rabies. It's doomed to die. But if you don't protect those children, many of those innocent, little children will also die because they'll be infected by that rabid dog. Therefore you would be totally justified in killing that rabid dog.

In fact, you would be at fault if you didn't kill that rabid dog. You would be responsible if you allowed that dog to bite the children. You would be responsible for the children's death. Therefore, for the sake of the innocent children, your obligation is to kill the rabid dog lest it infect the children.”

Deut. 20:19 When thou shalt besiege a city a long time, in making war against it to take it, thou shalt not destroy the trees thereof by forcing an axe against them: for thou mayest eat of them, and thou shalt not cut them down (for the tree of the field is man’s life) to employ them in the siege: 

Deut. 20:20 Only the trees which thou knowest that they be not trees for meat, thou shalt destroy and cut them down; and thou shalt build bulwarks against the city that maketh war with thee, until it be subdued.

These two verses resume the instructions regarding the cities outside the “Promised Land.”  If in laying siege to a city it takes a long time before the people surrender, they are not to destroy the fruit bearing trees of the surrounding land.  They are, however, allowed make use of all the other trees as necessary to facilitate the end of the siege.