Until he stand before the congregation in judgment - So one of these cities was not a perpetual asylum; It was only a pro tempore refuge, till the case could be fairly examined by the magistrates in the presence of the people, or the elders their representatives; and this was done in the city or place where he had done the murder, Jos 20:4, Jos 20:6. If he was found worthy of death, they delivered him to the avenger that he might be slain, Deu 19:12; if not, they sent him back to the city of refuge, where he remained till the death of the high priest, Num 35:25. Before the cities of refuge were appointed, the altar appears to have been a sanctuary for those who had killed a person unwittingly; see on Exo 21:13 (note), and Exo 21:14 (note).

These six cities shall be a refuge both for the children of Israel and for the stranger,.... For an Israelite, and a proselyte of righteousness, one that embraced the Jewish religion, and in all things conformed to it, and to whom there was but one law in things civil and religious:

and for the sojourner among you; the proselyte of the gate, who renounced idolatry, and observed the commands of the sons of Noah, but in other things did not comply with the Jewish ceremonies, yet had the benefit of the cities of refuge equally with the other; though the Jews say (p), such a proselyte or sojourner had only this privilege, who slew a proselyte, but not if he slew an Israelite; but for this distinction there is no foundation in the text:

that everyone that killeth any person unawares may flee thither; whether an Israelite, or a proselyte of righteousness or of the gate.

(p) Misn. Maccot, c. 2. sect. 3.

THE BLOOD AVENGER. (Num. 35:9-34)

that the slayer may flee thither, which killeth any person at unawares--The practice of Goelism, that is, of the nearest relation of an individual who was killed being bound to demand satisfaction from the author of his death, existed from a very remote antiquity (Gen 4:14; Gen 27:45). It seems to have been an established usage in the age of Moses; and although in a rude and imperfect state of society, it is a natural and intelligible principle of criminal jurisprudence, it is liable to many great abuses; the chief of the evils inseparable from it is that the kinsman, who is bound in duty and honor to execute justice, will often be precipitate--little disposed, in the heat of passion or under the impulse of revenge, to examine into the circumstances of the case, to discriminate between the premeditated purpose of the assassin and the misfortune of the unintentional homicide. Moreover, it had a tendency, not only to foster a vindictive spirit, but in case of the Goel being unsuccessful in finding his victim, to transmit animosities and feuds against his descendants from one generation to another. This is exemplified among the Arabs in the present day. Should an Arab of one tribe happen to kill one of another tribe, there is "blood" between the tribes, and the stain can only be wiped out by the death of some individual of the tribe with which the offense originated. Sometimes the penalty is commuted by the payment of a stipulated number of sheep or camels. But such an equivalent, though offered, is as often refused, and blood has to be repaid only by blood. This practice of Goelism obtained among the Hebrews to such an extent that it was not perhaps expedient to abolish it; and Moses, while sanctioning its continuance, was directed, by divine authority, to make some special regulations, which tended both to prevent the unhappy consequences of sudden and personal vengeance, and, at the same time, to afford an accused person time and means of proving his innocence. This was the humane and equitable end contemplated in the institution of cities of refuge. There were to be six of these legalized asyla, three on the east of Jordan, both because the territory there was equal in length, though not in breadth, to Canaan, and because it might be more convenient for some to take refuge across the border. They were appointed for the benefit, not of the native Israelites only, but of all resident strangers.