The Redeemer of Blood and the Limits of Justice

Yalkut Shimoni on Torah 787:16

Why is it stated "redeemer of blood"? Because it says, "If the avenger of blood finds him, he may kill him" (Numbers 35:27), I would think that he may be killed without any formal procedure. Therefore, it is stated "until they stand before the congregation" (Numbers 35:12), which implies that there must be a legal proceeding. If one was pursuing another to kill him, and they said to him, "You are a member of the covenant community," he should know that it is written in the Torah, "Whoever sheds the blood of man" (Genesis 9:6), etc. He may say, "Even so, he is a murderer; let him die before he kills." He may kill him and save the life of this person. Similarly, if one was pursuing a woman to rape her, and they said to him, "She is a married woman," he should know that it is written in the Torah, "The adulterer shall surely be put to death" (Leviticus 20:10), etc. He may say, "Even so, he is an adulterer; let him die before he commits adultery." He may kill him and save the life of this woman by sacrificing his own life. I might think that he may kill him as soon as he pursues him, whether for murder or adultery. Therefore, it is stated, "And the murderer shall not die until they stand before the congregation" (Numbers 35:12). The Sages taught in a Baraita: "And the murderer shall be put to death" (Numbers 35:30) - it is a mitzvah in the hand of the redeemer of blood. If there is no redeemer of blood, he does not have the authority to execute the murderer. These are the words of Rabbi Yossi HaGelili. Rabbi Akiva says: The authority to execute the murderer is in the hand of the redeemer of blood, and all people are obligated concerning him. What is the reason for Rabbi Yossi HaGelili's opinion? Is it not written, "If a man commits murder" (Numbers 35:16)? And Rabbi Akiva, who is it written for? Rav Zutra bar Tovia said that Rav said: It refers to a murderer who went outside the designated boundary and the redeemer of blood found him and killed him. The one who is killed is executed for his own death. This statement does not follow the opinion of Rabbi Yossi HaGelili or the opinion of Rabbi Akiva. This is what Rabbi Eliezer said: "Until they stand before the congregation" - what is the purpose of this phrase? Since it is written, "And the redeemer of blood shall kill the murderer; when he meets him, he shall kill him" (Numbers 35:19), I might think that the redeemer of blood can immediately kill him. Therefore, it is stated "until they stand before the congregation." Rabbi Yossi HaGelili and Rabbi Akiva derive the same interpretation from the phrase "until they stand." It is derived from a teaching: How do we know that the Sanhedrin, when they see a person who has killed a soul and is not liable to be executed until he stands before the court, can still judge him and impose the death penalty? It is derived from the phrase "until they stand before the congregation."

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