Deuteronomy 19–20: Refuge and War: The Avenger Restrained, and the Limits of the Sword

When the LORD your God has cut off the nations whose land he is giving you, and when you have driven them out and settled in their cities and houses, then you are to set apart for yourselves three cities within the land that the LORD your God is giving you to possess. You are to build roads for yourselves and divide into three regions the land that the LORD your God is giving you as an inheritance, so that any manslayer can flee to these cities.

Now this is the situation regarding the manslayer who flees to one of these cities to save his life, having killed his neighbor accidentally, without intending to harm him: If he goes into the forest with his neighbor to cut timber and swings his axe to chop down a tree, but the blade flies off the handle and strikes and kills his neighbor, he may flee to one of these cities to save his life.

Otherwise, the avenger of blood might pursue the manslayer in a rage, overtake him if the distance is great, and strike him dead though he did not deserve to die, since he did not intend any harm. This is why I am commanding you to set apart for yourselves three cities.

And if the LORD your God enlarges your territory, as he swore to your fathers, and gives you all the land he promised them, and if you carefully keep all these commandments I am giving you today, loving the LORD your God and walking in his ways at all times, then you are to add three more cities to these three.

Thus innocent blood will not be shed in the land that the LORD your God is giving you as an inheritance, so that you will not be guilty of bloodshed.

If, however, a man hates his neighbor and lies in wait, attacks him and kills him, and then flees to one of these cities, the elders of his city must send for him, bring him back, and hand him over to the avenger of blood to die. You must show him no pity. You are to purge from Israel the guilt of shedding innocent blood, that it may go well with you.

You must not move your neighbor’s boundary marker, which was set up by your ancestors to mark the inheritance you shall receive in the land that the LORD your God is giving you to possess.

A lone witness is not sufficient to establish any wrongdoing or sin against a man, regardless of what offense he may have committed. A matter must be established by the testimony of two or three witnesses.

If a false witness testifies against someone, accusing him of a crime, both parties to the dispute must stand in the presence of the LORD, before the priests and judges who are in office at that time. The judges shall investigate thoroughly, and if the witness is proven to be a liar who has falsely accused his brother, you must do to him as he intended to do to his brother. So you must purge the evil from among you. Then the rest of the people will hear and be afraid, and they will never again do anything so evil among you. You must show no pity: life for life, eye for eye, tooth for tooth, hand for hand, and foot for foot.

When you go out to war against your enemies and see horses, chariots, and an army larger than yours, do not be afraid of them; for the LORD your God, who brought you out of the land of Egypt, is with you. When you are about to go into battle, the priest is to come forward and address the army, saying to them, “Hear, O Israel, today you are going into battle with your enemies. Do not be fainthearted or afraid; do not be alarmed or terrified because of them. For the LORD your God goes with you to fight for you against your enemies, to give you the victory.”

Furthermore, the officers are to address the army, saying, “Has any man built a new house and not dedicated it? Let him return home, or he may die in battle and another man dedicate it. Has any man planted a vineyard and not begun to enjoy its fruit? Let him return home, or he may die in battle and another man enjoy its fruit. Has any man become pledged to a woman and not married her? Let him return home, or he may die in battle and another man marry her.”

Then the officers shall speak further to the army, saying, “Is any man afraid or fainthearted? Let him return home, so that the hearts of his brothers will not melt like his own.”

When the officers have finished addressing the army, they are to appoint commanders to lead it.

When you approach a city to fight against it, you are to make an offer of peace. If they accept your offer of peace and open their gates, all the people there will become forced laborers to serve you.

But if they refuse to make peace with you and wage war against you, lay siege to that city. When the LORD your God has delivered it into your hand, you must put every male to the sword. But the women, children, livestock, and whatever else is in the city—all its spoil—you may take as plunder, and you shall use the spoil of your enemies that the LORD your God gives you. This is how you are to treat all the cities that are far away from you and do not belong to the nations nearby.

However, in the cities of the nations that the LORD your God is giving you as an inheritance, you must not leave alive anything that breathes. For you must devote them to complete destruction —the Hittites, Amorites, Canaanites, Perizzites, Hivites, and Jebusites—as the LORD your God has commanded you, so that they cannot teach you to do all the detestable things they do for their gods, and so cause you to sin against the LORD your God.

When you lay siege to a city for an extended time while fighting against it to capture it, you must not destroy its trees by putting an axe to them, because you can eat their fruit. You must not cut them down. Are the trees of the field human, that you should besiege them? But you may destroy the trees that you know do not produce fruit. Use them to build siege works against the city that is waging war against you, until it falls.