Asylum Towns

excerpt from Joshua and the Promised Land
by Roy H. May, Jr.

Although the concept of human rights emerged many centuries later, the establishment of "cities of refuge" (Joshua 20:1-20) would seem to anticipate the right to protection from arbitrary arrest and summary execution. Blood-vengeance was an ancient Near Eastern custom. It was also assumed by Israel. The family or tribe of the victim was morally obligated to avenge the death by killing the guilty one. However, ancient custom also granted the accused the right to "sanctuary" or refuge before the altar of a religious shrine or sanctuary. In addition, persons could seek the protection of a tribe other than their own.

Undoubtedly, the practice of blood-vengeance caused friction among the tribes over the innocence or guilt of the accused. Each tribe would have defended its honor by defending the innocence of its member. Avenging the death, then, could cause more deaths as the tribes or families confronted each other. Naming certain cities -- not just shrines -- as sanctuaries where public trials would be conducted (vs. 4-6) ensured peaceful outcomes to serious social conflicts. In addition, these cities explicitly provided protection for the innocent as individual persons (vs. 3, 9), even in the case where the accused was a non-Israelite (v. 9). Designating such cities prevented abuse by regulating the practice through legislation.

Although the text in Joshua reflects a later time (see also Num. 35:9-34; Deut. 19:1-13), the custom of cities of refuge must have been very old. It may be from times even before Israel entered Canaan. The ancient list of cities in vs. 7-9 suggests this. The custom of cities of refuge shows tribal Israel's concern for maintaining internal peace and for social justice by protecting persons from wrongful actions. This custom was unique in the region. It underscores ancient Israel's social conscience regarding the weak, the poor, and the innocent.

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