Don't miss an episode! Subscribe to the Madlik podcast: Spotify | Apple Podcasts | Google Podcasts
and Join Madlik on Clubhouse every Thursday so you can participate in our weekly live discussion of the Parsha. Link to Transcript here: https://madlik.com/2024/09/04/may-god-avenge-his-blood/
(ו) עַל־פִּ֣י ׀ שְׁנַ֣יִם עֵדִ֗ים א֛וֹ שְׁלֹשָׁ֥ה עֵדִ֖ים יוּמַ֣ת הַמֵּ֑ת לֹ֣א יוּמַ֔ת עַל־פִּ֖י עֵ֥ד אֶחָֽד׃ (ז) יַ֣ד הָעֵדִ֞ים תִּֽהְיֶה־בּ֤וֹ בָרִאשֹׁנָה֙ לַהֲמִית֔וֹ וְיַ֥ד כׇּל־הָעָ֖ם בָּאַחֲרֹנָ֑ה וּבִֽעַרְתָּ֥ הָרָ֖ע מִקִּרְבֶּֽךָ׃ {פ}
(ח) כִּ֣י יִפָּלֵא֩ מִמְּךָ֨ דָבָ֜ר לַמִּשְׁפָּ֗ט בֵּֽין־דָּ֨ם ׀ לְדָ֜ם בֵּֽין־דִּ֣ין לְדִ֗ין וּבֵ֥ין נֶ֙גַע֙ לָנֶ֔גַע דִּבְרֵ֥י רִיבֹ֖ת בִּשְׁעָרֶ֑יךָ וְקַמְתָּ֣ וְעָלִ֔יתָ אֶ֨ל־הַמָּק֔וֹם אֲשֶׁ֥ר יִבְחַ֛ר ה׳ אֱלֹקֶ֖יךָ בּֽוֹ׃ (ט) וּבָאתָ֗ אֶל־הַכֹּהֲנִים֙ הַלְוִיִּ֔ם וְאֶ֨ל־הַשֹּׁפֵ֔ט אֲשֶׁ֥ר יִהְיֶ֖ה בַּיָּמִ֣ים הָהֵ֑ם וְדָרַשְׁתָּ֙ וְהִגִּ֣ידוּ לְךָ֔ אֵ֖ת דְּבַ֥ר הַמִּשְׁפָּֽט׃
(6) At the mouth of two witnesses, or three witnesses, shall he that is worthy of death be put to death; but at the mouth of one witness he shall not be put to death. (7) The hands of the witnesses shall be first upon him to put him to death, and afterwards the hands of all the people. So thou shalt put the evil away from among you. (8) If there arise a matter too hard for thee in judgment, between blood and blood, between plea and plea, and between plague and plague, matters of controversy within thy gates: then shalt thou arise, and go up to the place which the Lord thy God shall choose; (9) and thou shalt come to the priests the Levites, and to the judge that shall be in those days, and inquire; and they shall tell thee the sentence of judgment:
(א) כִּֽי־יַכְרִ֞ית ה׳ אֱלֹקֶ֙יךָ֙ אֶת־הַגּוֹיִ֔ם אֲשֶׁר֙ ה׳ אֱלֹקֶ֔יךָ נֹתֵ֥ן לְךָ֖ אֶת־אַרְצָ֑ם וִֽירִשְׁתָּ֕ם וְיָשַׁבְתָּ֥ בְעָרֵיהֶ֖ם וּבְבָתֵּיהֶֽם׃ (ב) שָׁל֥וֹשׁ עָרִ֖ים תַּבְדִּ֣יל לָ֑ךְ בְּת֣וֹךְ אַרְצְךָ֔ אֲשֶׁר֙ ה׳ אֱלֹקֶ֔יךָ נֹתֵ֥ן לְךָ֖ לְרִשְׁתָּֽהּ׃ (ג) תָּכִ֣ין לְךָ֮ הַדֶּ֒רֶךְ֒ וְשִׁלַּשְׁתָּ֙ אֶת־גְּב֣וּל אַרְצְךָ֔ אֲשֶׁ֥ר יַנְחִֽילְךָ֖ ה׳ אֱלֹקֶ֑יךָ וְהָיָ֕ה לָנ֥וּס שָׁ֖מָּה כׇּל־רֹצֵֽחַ׃ (ד) וְזֶה֙ דְּבַ֣ר הָרֹצֵ֔חַ אֲשֶׁר־יָנ֥וּס שָׁ֖מָּה וָחָ֑י אֲשֶׁ֨ר יַכֶּ֤ה אֶת־רֵעֵ֙הוּ֙ בִּבְלִי־דַ֔עַת וְה֛וּא לֹא־שֹׂנֵ֥א ל֖וֹ מִתְּמֹ֥ל שִׁלְשֹֽׁם׃ (ה) וַאֲשֶׁר֩ יָבֹ֨א אֶת־רֵעֵ֥הוּ בַיַּ֘עַר֮ לַחְטֹ֣ב עֵצִים֒ וְנִדְּחָ֨ה יָד֤וֹ בַגַּרְזֶן֙ לִכְרֹ֣ת הָעֵ֔ץ וְנָשַׁ֤ל הַבַּרְזֶל֙ מִן־הָעֵ֔ץ וּמָצָ֥א אֶת־רֵעֵ֖הוּ וָמֵ֑ת ה֗וּא יָנ֛וּס אֶל־אַחַ֥ת הֶעָרִים־הָאֵ֖לֶּה וָחָֽי׃ (ו) פֶּן־יִרְדֹּף֩ גֹּאֵ֨ל הַדָּ֜ם אַחֲרֵ֣י הָרֹצֵ֗חַ כִּי־יֵחַם֮ לְבָבוֹ֒ וְהִשִּׂיג֛וֹ כִּֽי־יִרְבֶּ֥ה הַדֶּ֖רֶךְ וְהִכָּ֣הוּ נָ֑פֶשׁ וְלוֹ֙ אֵ֣ין מִשְׁפַּט־מָ֔וֶת כִּ֠י לֹ֣א שֹׂנֵ֥א ה֛וּא ל֖וֹ מִתְּמ֥וֹל שִׁלְשֽׁוֹם׃ (ז) עַל־כֵּ֛ן אָנֹכִ֥י מְצַוְּךָ֖ לֵאמֹ֑ר שָׁלֹ֥שׁ עָרִ֖ים תַּבְדִּ֥יל לָֽךְ׃
(1) When your God has cut down the nations whose land your God is assigning to you, and you have dispossessed them and settled in their towns and homes, (2) you shall set aside three cities in the land that your God is giving you to possess. (3) You shall survey the distances, and divide into three parts the territory of the country that your God has allotted to you, so that any man who has killed someone may have a place to flee to.— (4) Now this is the case of the killer who may flee there and live: one who has slain another unwittingly, without having been an enemy in the past. (5) For instance, a man goes with another fellow into a grove to cut wood; as his hand swings the ax to cut down a tree, the ax-head flies off the handle and strikes the other so that he dies. That man shall flee to one of these cities and live.— (6) Otherwise, when the distance is great, the blood-avenger, pursuing the killer in hot anger, may overtake him and strike him down; yet he did not incur the death penalty, since he had never been the other’s enemy. (7) That is why I command you: set aside three cities.
(יא) וְכִֽי־יִהְיֶ֥ה אִישׁ֙ שֹׂנֵ֣א לְרֵעֵ֔הוּ וְאָ֤רַב לוֹ֙ וְקָ֣ם עָלָ֔יו וְהִכָּ֥הוּ נֶ֖פֶשׁ וָמֵ֑ת וְנָ֕ס אֶל־אַחַ֖ת הֶעָרִ֥ים הָאֵֽל׃ (יב) וְשָֽׁלְחוּ֙ זִקְנֵ֣י עִיר֔וֹ וְלָקְח֥וּ אֹת֖וֹ מִשָּׁ֑ם וְנָתְנ֣וּ אֹת֗וֹ בְּיַ֛ד גֹּאֵ֥ל הַדָּ֖ם וָמֵֽת׃ (יג) לֹא־תָח֥וֹס עֵֽינְךָ֖ עָלָ֑יו וּבִֽעַרְתָּ֧ דַֽם־הַנָּקִ֛י מִיִּשְׂרָאֵ֖ל וְט֥וֹב לָֽךְ׃ {ס}
(11) If, however, a man who is the enemy of another lies in wait and sets upon [the victim] and strikes a fatal blow and then flees to one of these towns, (12) the elders of his town shall have him brought back from there and shall hand him over to the blood-avenger to be put to death; (13) you must show him no pity. Thus you will purge Israel of the blood of the innocent, and it will go well with you.
(י) דַּבֵּר֙ אֶל־בְּנֵ֣י יִשְׂרָאֵ֔ל וְאָמַרְתָּ֖ אֲלֵהֶ֑ם כִּ֥י אַתֶּ֛ם עֹבְרִ֥ים אֶת־הַיַּרְדֵּ֖ן אַ֥רְצָה כְּנָֽעַן׃ (יא) וְהִקְרִיתֶ֤ם לָכֶם֙ עָרִ֔ים עָרֵ֥י מִקְלָ֖ט תִּהְיֶ֣ינָה לָכֶ֑ם וְנָ֥ס שָׁ֙מָּה֙ רֹצֵ֔חַ מַכֵּה־נֶ֖פֶשׁ בִּשְׁגָגָֽה׃ (יב) וְהָי֨וּ לָכֶ֧ם הֶעָרִ֛ים לְמִקְלָ֖ט מִגֹּאֵ֑ל וְלֹ֤א יָמוּת֙ הָרֹצֵ֔חַ עַד־עׇמְד֛וֹ לִפְנֵ֥י הָעֵדָ֖ה לַמִּשְׁפָּֽט׃ (יג) וְהֶעָרִ֖ים אֲשֶׁ֣ר תִּתֵּ֑נוּ שֵׁשׁ־עָרֵ֥י מִקְלָ֖ט תִּהְיֶ֥ינָה לָכֶֽם׃ (יד) אֵ֣ת ׀ שְׁלֹ֣שׁ הֶעָרִ֗ים תִּתְּנוּ֙ מֵעֵ֣בֶר לַיַּרְדֵּ֔ן וְאֵת֙ שְׁלֹ֣שׁ הֶֽעָרִ֔ים תִּתְּנ֖וּ בְּאֶ֣רֶץ כְּנָ֑עַן עָרֵ֥י מִקְלָ֖ט תִּהְיֶֽינָה׃ (טו) לִבְנֵ֣י יִשְׂרָאֵ֗ל וְלַגֵּ֤ר וְלַתּוֹשָׁב֙ בְּתוֹכָ֔ם תִּהְיֶ֛ינָה שֵׁשׁ־הֶעָרִ֥ים הָאֵ֖לֶּה לְמִקְלָ֑ט לָנ֣וּס שָׁ֔מָּה כׇּל־מַכֵּה־נֶ֖פֶשׁ בִּשְׁגָגָֽה׃
(טז) וְאִם־בִּכְלִ֨י בַרְזֶ֧ל ׀ הִכָּ֛הוּ וַיָּמֹ֖ת רֹצֵ֣חַֽ ה֑וּא מ֥וֹת יוּמַ֖ת הָרֹצֵֽחַ׃ (יז) וְאִ֡ם בְּאֶ֣בֶן יָד֩ אֲשֶׁר־יָמ֨וּת בָּ֥הּ הִכָּ֛הוּ וַיָּמֹ֖ת רֹצֵ֣חַֽ ה֑וּא מ֥וֹת יוּמַ֖ת הָרֹצֵֽחַ׃ (יח) א֡וֹ בִּכְלִ֣י עֵֽץ־יָד֩ אֲשֶׁר־יָמ֨וּת בּ֥וֹ הִכָּ֛הוּ וַיָּמֹ֖ת רֹצֵ֣חַֽ ה֑וּא מ֥וֹת יוּמַ֖ת הָרֹצֵֽחַ׃ (יט) גֹּאֵ֣ל הַדָּ֔ם ה֥וּא יָמִ֖ית אֶת־הָרֹצֵ֑חַ בְּפִגְעוֹ־ב֖וֹ ה֥וּא יְמִתֶֽנּוּ׃ (כ) וְאִם־בְּשִׂנְאָ֖ה יֶהְדֳּפֶ֑נּוּ אֽוֹ־הִשְׁלִ֥יךְ עָלָ֛יו בִּצְדִיָּ֖ה וַיָּמֹֽת׃ (כא) א֣וֹ בְאֵיבָ֞ה הִכָּ֤הוּ בְיָדוֹ֙ וַיָּמֹ֔ת מֽוֹת־יוּמַ֥ת הַמַּכֶּ֖ה רֹצֵ֣חַֽ ה֑וּא גֹּאֵ֣ל הַדָּ֗ם יָמִ֛ית אֶת־הָרֹצֵ֖חַ בְּפִגְעוֹ־בֽוֹ׃ (כב) וְאִם־בְּפֶ֥תַע בְּלֹא־אֵיבָ֖ה הֲדָפ֑וֹ אוֹ־הִשְׁלִ֥יךְ עָלָ֛יו כׇּל־כְּלִ֖י בְּלֹ֥א צְדִיָּֽה׃ (כג) א֣וֹ בְכׇל־אֶ֜בֶן אֲשֶׁר־יָמ֥וּת בָּהּ֙ בְּלֹ֣א רְא֔וֹת וַיַּפֵּ֥ל עָלָ֖יו וַיָּמֹ֑ת וְהוּא֙ לֹא־אוֹיֵ֣ב ל֔וֹ וְלֹ֥א מְבַקֵּ֖שׁ רָעָתֽוֹ׃ (כד) וְשָֽׁפְטוּ֙ הָֽעֵדָ֔ה בֵּ֚ין הַמַּכֶּ֔ה וּבֵ֖ין גֹּאֵ֣ל הַדָּ֑ם עַ֥ל הַמִּשְׁפָּטִ֖ים הָאֵֽלֶּה׃ (כה) וְהִצִּ֨ילוּ הָעֵדָ֜ה אֶת־הָרֹצֵ֗חַ מִיַּד֮ גֹּאֵ֣ל הַדָּם֒ וְהֵשִׁ֤יבוּ אֹתוֹ֙ הָֽעֵדָ֔ה אֶל־עִ֥יר מִקְלָט֖וֹ אֲשֶׁר־נָ֣ס שָׁ֑מָּה וְיָ֣שַׁב בָּ֗הּ עַד־מוֹת֙ הַכֹּהֵ֣ן הַגָּדֹ֔ל אֲשֶׁר־מָשַׁ֥ח אֹת֖וֹ בְּשֶׁ֥מֶן הַקֹּֽדֶשׁ׃ (כו) וְאִם־יָצֹ֥א יֵצֵ֖א הָרֹצֵ֑חַ אֶת־גְּבוּל֙ עִ֣יר מִקְלָט֔וֹ אֲשֶׁ֥ר יָנ֖וּס שָֽׁמָּה׃ (כז) וּמָצָ֤א אֹתוֹ֙ גֹּאֵ֣ל הַדָּ֔ם מִח֕וּץ לִגְב֖וּל עִ֣יר מִקְלָט֑וֹ וְרָצַ֞ח גֹּאֵ֤ל הַדָּם֙ אֶת־הָ֣רֹצֵ֔חַ אֵ֥ין ל֖וֹ דָּֽם׃ (כח) כִּ֣י בְעִ֤יר מִקְלָטוֹ֙ יֵשֵׁ֔ב עַד־מ֖וֹת הַכֹּהֵ֣ן הַגָּדֹ֑ל וְאַחֲרֵ֥י מוֹת֙ הַכֹּהֵ֣ן הַגָּדֹ֔ל יָשׁוּב֙ הָרֹצֵ֔חַ אֶל־אֶ֖רֶץ אֲחֻזָּתֽוֹ׃ (כט) וְהָי֨וּ אֵ֧לֶּה לָכֶ֛ם לְחֻקַּ֥ת מִשְׁפָּ֖ט לְדֹרֹתֵיכֶ֑ם בְּכֹ֖ל מוֹשְׁבֹתֵיכֶֽם׃ (ל) כׇּ֨ל־מַכֵּה־נֶ֔פֶשׁ לְפִ֣י עֵדִ֔ים יִרְצַ֖ח אֶת־הָרֹצֵ֑חַ וְעֵ֣ד אֶחָ֔ד לֹא־יַעֲנֶ֥ה בְנֶ֖פֶשׁ לָמֽוּת׃ (לא) וְלֹֽא־תִקְח֥וּ כֹ֙פֶר֙ לְנֶ֣פֶשׁ רֹצֵ֔חַ אֲשֶׁר־ה֥וּא רָשָׁ֖ע לָמ֑וּת כִּי־מ֖וֹת יוּמָֽת׃ (לב) וְלֹא־תִקְח֣וּ כֹ֔פֶר לָנ֖וּס אֶל־עִ֣יר מִקְלָט֑וֹ לָשׁוּב֙ לָשֶׁ֣בֶת בָּאָ֔רֶץ עַד־מ֖וֹת הַכֹּהֵֽן׃ (לג) וְלֹֽא־תַחֲנִ֣יפוּ אֶת־הָאָ֗רֶץ אֲשֶׁ֤ר אַתֶּם֙ בָּ֔הּ כִּ֣י הַדָּ֔ם ה֥וּא יַחֲנִ֖יף אֶת־הָאָ֑רֶץ וְלָאָ֣רֶץ לֹֽא־יְכֻפַּ֗ר לַדָּם֙ אֲשֶׁ֣ר שֻׁפַּךְ־בָּ֔הּ כִּי־אִ֖ם בְּדַ֥ם שֹׁפְכֽוֹ׃ (לד) וְלֹ֧א תְטַמֵּ֣א אֶת־הָאָ֗רֶץ אֲשֶׁ֤ר אַתֶּם֙ יֹשְׁבִ֣ים בָּ֔הּ אֲשֶׁ֥ר אֲנִ֖י שֹׁכֵ֣ן בְּתוֹכָ֑הּ כִּ֚י אֲנִ֣י ה׳ שֹׁכֵ֕ן בְּת֖וֹךְ בְּנֵ֥י יִשְׂרָאֵֽל׃ {פ}
(10) Speak to the Israelite people and say to them: When you cross the Jordan into the land of Canaan, (11) you shall provide yourselves with places to serve you as cities of refuge to which a man who has killed someone —who has slain a person unintentionally—may flee. (12) The cities shall serve you as a refuge from the avenger, Lit. “redeemer,” so that the killer may not die unless he has stood trial before the assembly. (13) The towns that you thus assign shall be six cities of refuge in all. (14) Three cities shall be designated beyond the Jordan, and the other three shall be designated in the land of Canaan: they shall serve as cities of refuge. (15) These six cities shall serve the Israelites and the resident aliens among them for refuge, so that any man who slays a person unintentionally may flee there.
(16) Anyone, however, who strikes another with an iron object so that death results is a murderer; the murderer must be put to death. (17) If one struck another with a stone tool that could cause death, and death resulted, that person is a murderer; the murderer must be put to death. (18) Similarly, if one struck another with a wooden tool*wooden tool Lit. “wood of the hand.” that could cause death, and death resulted, that person is a murderer; the murderer must be put to death. (19) It is the blood-avenger who shall put the murderer to death; that is who shall put that person to death upon encounter. (20) So, too, if one pushed another in hate or hurled something at [the victim] on purpose and death resulted, (21) or if one struck another with the hand in enmity and death resulted, the assailant shall be put to death; that person is a murderer. The blood-avenger shall put the murderer to death upon encounter.
(22) But if [a man] pushed without malice aforethought or hurled any object at [the victim] unintentionally, (23) or inadvertently Lit. “without seeing.” dropped upon [the victim] any deadly object of stone, and death resulted—though not being an enemy and not seeking to harm— (24) in such cases the assembly shall decide between the slayer and the blood-avenger.
(25) The assembly shall protect the killer from the blood-avenger, and the assembly shall restore him to the city of refuge to which he fled, and there he shall remain until the death of the high priest who was anointed with the sacred oil.
(26) But if the killer ever goes outside the limits of the city of refuge to which he has fled, (27) and the blood-avenger comes upon him outside the limits of his city of refuge, and the blood-avenger kills the killer, there is no bloodguilt on his account. (28) For he must remain inside his city of refuge until the death of the high priest; after the death of the high priest, the killer may return to his land holding. (29) Such shall be your law of procedure throughout the ages in all your settlements. (30) If anyone slays a person, the killer may be executed only on the evidence of witnesses; the testimony of a single witness against a person shall not suffice for a sentence of death. (31) You may not accept a ransom for the life of a murderer who is guilty of a capital crime; [a murderer] must be put to death.
(32) Nor may you accept ransom in lieu of flight to a city of refuge, enabling a man to return to live on his land before the death of the priest. (33) You shall not pollute the land in which you live; for blood pollutes the land, and the land can have no expiation for blood that is shed on it, except by the blood of the one who shed it. (34) You shall not defile the land in which you live, in which I Myself abide, for I God abide among the Israelite people.
(1) If, in the land that your God is assigning you to possess, someone slain is found lying in the open, the identity of the slayer not being known, (2) your elders and magistrates shall go out and measure the distances from the corpse to the nearby towns. (3) The elders of the town nearest to the corpse shall then take a heifer which has never been worked, which has never pulled in a yoke; (4) and the elders of that town shall bring the heifer down to an everflowing wadi, which is not tilled or sown. There, in the wadi, they shall break the heifer’s neck. (5) The priests, sons of Levi, shall come forward; for your God has chosen them for divine service and to pronounce blessing in the name of God, and every lawsuit and case of assault is subject to their ruling. (6) Then all the elders of the town nearest to the corpse shall wash their hands over the heifer whose neck was broken in the wadi. (7) And they shall make this declaration: “Our hands did not shed this blood, nor did our eyes see it done. (8) Absolve, God, Your people Israel whom You redeemed, and do not let guilt for the blood of the innocent remain among Your people Israel.” And they will be absolved of bloodguilt. (9) Thus you will remove from your midst guilt for the blood of the innocent, for you will be doing what is right in the sight of God
(יב) מַכֵּ֥ה אִ֛ישׁ וָמֵ֖ת מ֥וֹת יוּמָֽת׃ (יג) וַאֲשֶׁר֙ לֹ֣א צָדָ֔ה וְהָאֱלֹקִ֖ים אִנָּ֣ה לְיָד֑וֹ וְשַׂמְתִּ֤י לְךָ֙ מָק֔וֹם אֲשֶׁ֥ר יָנ֖וּס שָֽׁמָּה׃ {ס} (יד) וְכִֽי־יָזִ֥ד אִ֛ישׁ עַל־רֵעֵ֖הוּ לְהׇרְג֣וֹ בְעׇרְמָ֑ה מֵעִ֣ם מִזְבְּחִ֔י תִּקָּחֶ֖נּוּ לָמֽוּת׃ {ס}
(12) One who fatally strikes another party shall be put to death. (13) If a man did so but not by design—it came about by an act of God—I will assign you a place to which he can flee. (14) When one party schemes against another and kills through treachery, you shall take that person from My very altar to be put to death.
Pre-Islamic Beduin
It is the honor of the kin, as well as sacred which forbids that a kinsman's blood remain unavenged, and equally forbids that the kindred of the slain should take a settlement of the feud by payment of the bloodwit. It is a saying current among the Beduin: " I will have my revenge, if I should cast into hell for it." In many cases other obligations are disregarded that this of avenging blood and vindicating the related honor of family or tribe may be discharged. Long wars result really from the desire to avenge the tribal honor, though nominally, and it may be in the beginning, to avenge the blood of a man.
Mohammed Ali tried to do away with blood-revenge in the beginning of the last-the nineteenth-century, by making criminal offense, but the Fellaheen kept up the practice in spite of his penalties. About the same time, Saud, the Wahaby leader in sought to induce the tribes to accept the principle of bloodwit cases where blood-revenge might be deemed a duty. He did not suceed; but, on the contrary, secured to himself on all sides for his pains.
When Islâm came, the main modification introduced was that all Muslims were obliged to avenge a Muslim who was slain, and to defend a Muslim slayer against all outsiders. This, as striking at the very root of the tribal principle in social organization, would have wrought a great change in blood-revenge, but, despite Islâm, the tribal principle has been preserved almost unmodified in the desert, and with it the ancient usage in blood-feuds.
The subject of asylum, or, more properly, protection (Dakheil), as distinct from asylum, comes in here. In nearly every tribe there are individual outlaws from other tribes, who have at some time placed themselves under the new tribe's protection; and in many strong tribes are found, also, bodies of other tribesmen who have sought refuge from blood-revenge with them.
The man who pitches his tent so that its ropes touch the ropes of your tent is protected by you; the man who travels with you by day and sleeps you at night is protected by you; the guest who has eaten with you is protected by you until he has eaten with another. Occasionally protection is assumed by formal announcement at a shrine or sanctuary, and is withdrawn by announcing the withdrawal at the same place.
Except stipulated conditions to the contrary, a jâr, as the one seeking protection was termed, was seemingly looked upon as enjoying his protector's protection as long as he needed it. The position of a jâr (Hebrew גר) was that of a sojourner. The term was used to denote those occupied a relation of permanent clientage...
There was, according to the true Beduin obligation no more sacred than to protect the jâr with you. The jâr himself has all the rights and and obligations of his adopted tribe, and his own, and none of the obligations of his own, not even blood revenge.
Asylum was also obtained in sacred areas (hima or haram), in which all life was protected. To violate these would be to violate the holiness of the god to whom they were sacred. Within such sacred areas there were certain portions and certain things which were more surely protective still, as being more intimately connected with the deity. Such were altars, images, the immediate precincts of the sanctuary itself, etc. It should be borne in mind that the belief was that all protection is related to the god of the tribe. This is self-evident in connection with holy places and holy things. But, moreover, when a man seeking protection of a tribe became a member of it, it was thought that in this instance, likewise, the tribal god had extended or enlarged his protection so as to take in the stranger. This fact insured his safety.
We have spoken of the tent as an asylum. The avenger at the door biding his time, but he could not enter to take Within the home or tent he who placed himself under the of a woman was most sure. Her protection was indicated throwing her mantle over the stranger.
Blood-Revenge in Arabia and Israel, Walter M. Patton, The American Journal of Theology, Vol. 5, No. 4 (Oct., 1901), pp. 703-731 (29 pages) https://www.jstor.org/stable/315269
Blood feud protocols
Protocols regarding blood feuds often override court decisions and may vary from tribe to tribe. Punishment for murder is usually harsher than that meted out for acts of disturbing the assahiya or solidarity of the tribe. The punishment for murder is usually capital punishment, but in some tribes a blood vengeance fee may be exacted instead.[6] The general governing principle is that of Dum butlab dum ("blood begets blood"), which may be compared to "an eye for an eye". In many tribes, the first five levels of male cousins (Khamsa) are obligated to seek out and kill the murderer. If not found, another male member of the murderer's tribe would have to die in the retaliatory killing.[1]
Bedouin systems of justice, Wikipedia
(ז) הֲל֤וֹא אִם־תֵּיטִיב֙ שְׂאֵ֔ת וְאִם֙ לֹ֣א תֵיטִ֔יב לַפֶּ֖תַח חַטָּ֣את רֹבֵ֑ץ וְאֵלֶ֙יךָ֙ תְּשׁ֣וּקָת֔וֹ וְאַתָּ֖ה תִּמְשׇׁל־בּֽוֹ׃ (ח) וַיֹּ֥אמֶר קַ֖יִן אֶל־הֶ֣בֶל אָחִ֑יו וַֽיְהִי֙ בִּהְיוֹתָ֣ם בַּשָּׂדֶ֔ה וַיָּ֥קׇם קַ֛יִן אֶל־הֶ֥בֶל אָחִ֖יו וַיַּהַרְגֵֽהוּ׃ (ט) וַיֹּ֤אמֶר ה׳ אֶל־קַ֔יִן אֵ֖י הֶ֣בֶל אָחִ֑יךָ וַיֹּ֙אמֶר֙ לֹ֣א יָדַ֔עְתִּי הֲשֹׁמֵ֥ר אָחִ֖י אָנֹֽכִי׃ (י) וַיֹּ֖אמֶר מֶ֣ה עָשִׂ֑יתָ ק֚וֹל דְּמֵ֣י אָחִ֔יךָ צֹעֲקִ֥ים אֵלַ֖י מִן־הָֽאֲדָמָֽה׃ (יא) וְעַתָּ֖ה אָר֣וּר אָ֑תָּה מִן־הָֽאֲדָמָה֙ אֲשֶׁ֣ר פָּצְתָ֣ה אֶת־פִּ֔יהָ לָקַ֛חַת אֶת־דְּמֵ֥י אָחִ֖יךָ מִיָּדֶֽךָ׃ (יב) כִּ֤י תַֽעֲבֹד֙ אֶת־הָ֣אֲדָמָ֔ה לֹֽא־תֹסֵ֥ף תֵּת־כֹּחָ֖הּ לָ֑ךְ נָ֥ע וָנָ֖ד תִּֽהְיֶ֥ה בָאָֽרֶץ׃ (יג) וַיֹּ֥אמֶר קַ֖יִן אֶל־ה׳ גָּד֥וֹל עֲוֺנִ֖י מִנְּשֹֽׂא׃*(בספרי ספרד ואשכנז מִנְּשֽׂוֹא) (יד) הֵן֩ גֵּרַ֨שְׁתָּ אֹתִ֜י הַיּ֗וֹם מֵעַל֙ פְּנֵ֣י הָֽאֲדָמָ֔ה וּמִפָּנֶ֖יךָ אֶסָּתֵ֑ר וְהָיִ֜יתִי נָ֤ע וָנָד֙ בָּאָ֔רֶץ וְהָיָ֥ה כׇל־מֹצְאִ֖י יַֽהַרְגֵֽנִי׃ (טו) וַיֹּ֧אמֶר ל֣וֹ ה׳ לָכֵן֙ כׇּל־הֹרֵ֣ג קַ֔יִן שִׁבְעָתַ֖יִם יֻקָּ֑ם וַיָּ֨שֶׂם ה׳ לְקַ֙יִן֙ א֔וֹת לְבִלְתִּ֥י הַכּוֹת־אֹת֖וֹ כׇּל־מֹצְאֽוֹ׃
(7) Surely, if you do right,
There is uplift.
But if you do not do right
Sin couches at the door;
Its urge is toward you,
Yet you can be its master.” (8) Cain said to his brother Abel and when they were in the field, Cain set upon his brother Abel and killed him. (9) God said to Cain, “Where is your brother Abel?” And he said, “I do not know. Am I my brother’s keeper?” (10) “What have you done? Hark, your brother’s blood cries out to Me from the ground! (11) Therefore, you shall be more cursed than the ground, which opened its mouth to receive your brother’s blood from your hand. (12) If you till the soil, it shall no longer yield its strength to you. You shall become a ceaseless wanderer on earth.” (13) Cain said to God “My punishment is too great to bear! (14) Since You have banished me this day from the soil, and I must avoid Your presence and become a restless wanderer on earth—anyone who meets me may kill me!” (15) God said to him, “I promise, if anyone kills Cain, sevenfold vengeance shall be exacted.” And Godput a mark on Cain, lest anyone who met him should kill him.
(33) You shall not pollute the land in which you live; for blood pollutes the land, and the land can have no expiation for blood that is shed on it, except by the blood of the one who shed it. (34) You shall not defile the land in which you live, in which I Myself abide, for I God abide among the Israelite people.
Let there be no resting place for my outcry!
In Gen. 4 : 1-15 (J) we have as the most prominent features : The crying of the blood upon the ground for vengeance, corresponding to a common view among the Bedouin. A concrete expression of it in Arabia is the myth of the death-bird at the grave, which cries out, "Give me to drink (of the blood of vengeance).”
Then, in vs. 7, there is a trace of the ancient sacredness of the tent as an asylum, in the words: "and if thou doest not well, sin croucheth at the door and unto thee shall be his desire and thou shouldest rule over him." In this case the tradition apparently has confused some much clearer allusion to the custom of tent-asylum in ancient Israel. The original story must have dealt with some such conflict between the nomad Bedouin and the settled agriculturalist as is preserved in the late prologue of Job. To make the parties brothers does not harmonize with the fact of their occupations and the traditional hostility between these occupations. But nothing else could have been done when both were to be made sons of Adam and the older story given in this way a place in J’s history of the beginnings. The interposition of Yahweh is of the later stratum, but his action is strictly in harmony with the fraternal relation of the brothers. He banishes Cain from his kin, as he should be banished by the usage of tribal society in such cases. Another thing to be noticed is that the outlawed Cain realizes that he is with- out a human avenger, if anyone should slay him. Feeling this, he appeals to Yahweh, who assumes his protection, i. e., Cain finds asylum at a sanctuary or altar, and becomes thus a jâr Allah or jâr Yahweh
In ancient Israel the duty of protection was a sacred one. Slayers usually sought asylum with other tribes or individuals. Moses, for example, put himself under Jethro’s protection by his act in the watering of the flocks of Jethro’s daughters. Jacob went to his mother’s people, and Absalom likewise.
Asylum was also very commonly sought at altars and sanctuaries. The altar or image was the most sacred part of a sanctuary for this purpose (Moore, as above). With the centralizing of worship, the right of asylum formerly possessed by the leading shrines whose location still survived was continued to them. It is probable that originally some sanctuaries were more sacred as asyla than others. The cities which became cities of refuge were, indeed, shrines sacred in a superior degree in early days. Flight out of the land was always possible to those in fear of punishment. Many of the גרים in Israel doubtless were refugees from justice in other nations. Maimonides says that altars still protected after the institution of the cities of refuge. A gõel who slays an unintentional slayer at an altar is himself to be put to death.
In Judaism asylum was under the law. This is a vital difference, for there was no law over asylum to restrict or direct it in nomad times. In Judaism asylum protected from the injustice and the immoral violence of tribal custom, but did not protect from law, as it might have done in the desert.
Blood-revenge acted as a protection to life. This is implied in Yahweh’s assurance to Cain ; in Lamech’s boast ; in Job’s comforting confidence that his gõ‘el liveth ; in the promise that God will require the shed blood ; in the promise contained in the name of Yahweh as Redeemer.
Settled life, destroying tribal bonds and establishing bonds of neighborhood as it did, brought about what is seen everywhere under similar conditions, namely, the decline of blood-revenge and the intro- duction of principles of social justice. The settled life is the explanation of the specification that there shall be one law of revenge and asylum for home-born and gêr (גר) and töshäb (תושב), a special class of גר). Such a formal emphasis on the equality of home-born and client in law would not have been made in a tribal society. It would be assumed. The motive " for ye were strangers," too, is superfluous in tribal society. Revenge among the tribes would apply to all outside the kin ; asylum would avail for anyone who sought it. The absence of protection for a nokrî (נכרי), " foreigner," who does not join himself to the community is indicative of degeneration of the old custom of nomad hospitality and protection.
I think the Yahwism of Israel had most to do with modifying the custom of blood-revenge. Yahweh was in the minds of the nation the avenger of blood. Abel’s blood cries to him, so Gen. 9:5; see also Job 16:18 f.,etc. Slaying must be referred, therefore, to those who stood for him among the people — whether these be kings, priests, judges, or elders.
That God was a protector of the manslayer must have been a belief common in Hebrew antiquity, judging from the use of the thought of God’s protection in spiritual relations and in other figurative relations; for example, in the prophets, Isa. 8: 14; Ezek. II :.16; in the Psalms, 61:4, 5 (Hebrew); 27 : 5 ; 31 : 21 (Hebrew), etc.; and in Prov. 14 : 26; 18:10. In Israel the altar or sanctuary of Yahweh protected only those who acknowledged Yahweh. The "fear of God" bound tribesmen.
Blood-Revenge in Arabia and Israel, Walter M. Patton, The American Journal of Theology, Vol. 5, No. 4 (Oct., 1901), pp. 703-731 (29 pages) https://www.jstor.org/stable/315269
(יד) וְהָיָ֖ה לְמִקְדָּ֑שׁ וּלְאֶ֣בֶן נֶ֠גֶף וּלְצ֨וּר מִכְשׁ֜וֹל לִשְׁנֵ֨י בָתֵּ֤י יִשְׂרָאֵל֙ לְפַ֣ח וּלְמוֹקֵ֔שׁ לְיוֹשֵׁ֖ב יְרוּשָׁלָֽ͏ִם׃
(14) And he shall be for a sanctuary; but for a stone of stumbling and for a rock of offence to both the houses of Yisra᾽el, for a trap and for a snare to the inhabitants of Yerushalayim.
(טז) לָכֵ֣ן אֱמֹ֗ר כֹּֽה־אָמַר֮ אדושם ה׳ כִּ֤י הִרְחַקְתִּים֙ בַּגּוֹיִ֔ם וְכִ֥י הֲפִיצוֹתִ֖ים בָּאֲרָצ֑וֹת וָאֱהִ֤י לָהֶם֙ לְמִקְדָּ֣שׁ מְעַ֔ט בָּאֲרָצ֖וֹת אֲשֶׁר־בָּ֥אוּ שָֽׁם׃ {ס}
(16) Say then: Thus said the Sovereign GOD: I have indeed removed them far among the nations and have scattered them among the countries, and I have become to them a diminished sanctity in the countries whither they have gone.
(ד) כִּֽי־הָיִ֣יתָ מַחְסֶ֣ה לִ֑י מִגְדַּל־עֹ֝֗ז מִפְּנֵ֥י אוֹיֵֽב׃ (ה) אָג֣וּרָה בְ֭אׇהׇלְךָ עוֹלָמִ֑ים אֶ֥חֱסֶ֨ה בְסֵ֖תֶר כְּנָפֶ֣יךָ סֶּֽלָה׃
(4) For You have been my refuge,
a tower of strength against the enemy. (5) O that I might dwell in Your tent forever,
take refuge under Your protecting wings. Selah.
on an evil day,
grant me the protection of His tent,
raise me high upon a rock.
(21) You grant them the protection of Your presence against scheming men;-
You shelter them in Your pavilion
from contentious tongues.
CAIRO — Egypt will step up efforts to battle blood feuds and vendettas — a remnant of tribal traditions — through a series of awareness campaigns around the country, especially in the villages and rural areas of Upper Egypt.
Last month, Al-Azhar’s Higher Committee for Blood Feud Reconciliation called on the Islamic Research Complex, a powerful institution whose mission extends from conducting studies on Islamic culture to reviewing publications for their adherence to Islamic principles, to come up with a large-scale awareness program.
One of the existing methods to end blood feuds is through committees made up of local politicians and elders — also known as customary reconciliation courts — in Egyptian villages and towns. These committees work with the families to bring an end to vendettas that often drag on for years and cause many deaths on all sides, mostly by paying “blood money” to the family of the victim. Scholars of Al-Azhar also attend the meetings, but they now want to step up their presence and influence.
Mohammad explained that the customary courts meet with the feuding parties to try to persuade them that vendettas go against the values of Islam, which focuses on forgiveness. They also want to nip feuds in the bud by teaching young people that shedding blood is not the way to settle a dispute.
“Al-Azhar preachers have daily meetings with the public in youth and cultural centers, coffee shops, government departments, schools, universities and communities,” he said. “We have successfully ended 38 vendetta cases and stopped bloodshed between families over the past three months.”
The discussions of how much money will be given can be very complicated. “The blood money is estimated at the price of 4.25 kilograms of 21k gold according to the price of gold at the time of the feud. The payment is paid in one batch without any installment if the killing was deliberate, but in case of manslaughter, the family of the killer can take up to three years to pay,” Karima said.
Karima explained that once the two families decide to end the feud, a ritual called the "quda" must be carried out. A member of the killer’s family carries a white shroud and presents it to the other before the court in a festive scene. Then the two sides offer their condolences. Once this is done, the blood feud is officially over.
The quda is one of the most important rituals in Upper Egypt and often carried out with the presence and blessing of the customary court. “Although this rite is not within the Islamic Sharia, [we do not oppose it] because it helps prevent bloodshed," Karima said, adding, “Sometimes the customary courts banish the killer’s family from the area of the victim’s family to prevent any retaliatory actions or reprisals — especially in vengeance cases between one Muslim family and another Christian, to prevent the feud from taking on a sectarian aspect."
Al-Azhar works to end blood feuds in Egypt Al-Monitor, , Rami Galal, Aug 12, 2019
God of retribution, appear! (2) Rise up, judge of the earth,
give the arrogant their deserts!
and made peoples subject to me,
At the time that their foot falters.
Yea, their day of disaster is near,
And destiny rushes upon them.
אַב הָרַחֲמִים שׁוֹכֵן מְרוֹמִים. בְּרַחֲמָיו הָעֲצוּמִים. הוּא יִפְקוֹד בְּרַחֲמִים הַחֲסִידִים וְהַיְשָׁרִים וְהַתְּמִימִים. קְהִלּוֹת הַקֹּֽדֶשׁ שֶׁמָּסְרוּ נַפְשָׁם עַל קְדֻשַּׁת הַשֵּׁם. הַנֶּאֱהָבִים וְהַנְּעִימִים בְּחַיֵּיהֶם וּבְמוֹתָם לֹא נִפְרָֽדוּ. מִנְּשָׁרִים קַֽלּוּ וּמֵאֲרָיוֹת גָּבֵֽרוּ. לַעֲשׂוֹת רְצוֹן קוֹנָם וְחֵֽפֶץ צוּרָם: יִזְכְּרֵם אֱלֹקֵֽינוּ לְטוֹבָה. עִם שְׁאָר צַדִּיקֵי עוֹלָם.
וְיִנְקוֹם נִקְמַת דַּם עֲבָדָיו הַשָּׁפוּךְ: כַּכָּתוּב בְּתוֹרַת משֶׁה אִישׁ הָאֱלֹקִים. הַרְנִֽינוּ גוֹיִם עַמּוֹ כִּי דַם עֲבָדָיו יִקּוֹם. וְנָקָם יָשִׁיב לְצָרָיו וְכִפֶּר אַדְמָתוֹ עַמּוֹ: וְעַל יְדֵי עֲבָדֶֽיךָ הַנְּבִיאִים כָּתוּב לֵאמֹר. וְנִקֵּֽיתִי דָּמָם לֹא נִקֵּֽיתִי. וַה׳ שֹׁכֵן בְּצִיּוֹן: וּבְכִתְבֵי הַקֹּדֶשׁ נֶאֱמַר לָֽמָּה יֹאמְרוּ הַגּוֹיִם אַיֵּה אֱלֹהֵיהֶם יִוָּדַע בַּגּוֹיִם לְעֵינֵֽינוּ נִקְמַת דַּם עֲבָדֶֽיךָ הַשָּׁפוּךְ: וְאוֹמֵר כִּי דוֹרֵשׁ דָּמִים אוֹתָם זָכָר לֹא שָׁכַח צַעֲקַת עֲנָוִים: וְאוֹמֵר יָדִין בַּגּוֹיִם מָלֵא גְוִיּוֹת מָֽחַץ רֹאשׁ עַל אֶֽרֶץ רַבָּה: מִנַּֽחַל בַּדֶּֽרֶךְ יִשְׁתֶּה עַל כֵּן יָרִים רֹאשׁ:
Father of compassion, Who dwells on high, In His profound mercy, He will be compassionately mindful of the pious, the upright, and the blameless ones; the holy communities who gave their lives for the sanctification of the Divine Name. They were beloved and pleasant in their lifetime, and in their death are not parted [from Him]. They were swifter than eagles and stronger than lions to do the will of their Possessor and the desire of their Rock. Our God will recall them favorably together with the other righteous of all time.
And will avenge the blood of His servants that has been shed. As it is written in the Torah of Moshe, the man of God, “Sing [you] nations, [the praise] of His people, for the blood of His servants will He avenge, and vengeance will He repay to His foes; and His land will be atoned [with the atonement] of His people And by the hands of Your servants, the Prophets, it is written saying: “I will cleanse them [but] for their blood, I will not cleanse them, and Adonoy [still] dwells in Tziyon.” And in the Holy Writings, it is said, “Why should the nations say, ‘Where is their God?' Let it be known among the nations, before our eyes, the avenging of the blood of Your servants that has been shed.” And it says, “For He Who is concerned for the blood[shed] of them, He is mindful of them He has not forgotten the cry of the humble.” And it says: “He will judge the nations [the battlefield will be] filled with [their] corpses. He will crush heads on the earth many times. From the brook by the wayside will He drink; therefore [Yisrael] will hold its head high.
HYD - Hashem Yakum Damo
It is a Jewish request wording that appears as an addition after the name of a deceased person who was killed by Gentiles because of being Jewish. The request is from God to take revenge on those who killed him. Many people usually add the phrase after the name of the martyrs of the IDF and of the martyrs of terrorism as well as of the other martyrs of the Israeli systems.