A response to questions concerning the Meaning of Deuteronomy 21:1-9

Beth Elohim Messianic Synagogue

Response to question about the meaning of Deuteronomy 21:1-9
What we have in this narrative is the description of how a murder was to be dealt with when the murderer was unknown. It was incumbent upon the leaders and judges to go out and measure the distance between the murder victim’s body and the surrounding towns. Murder made the land unclean, and the uncleanliness could be removed lonely by the execution of the murderer.
When the murderer was unknown, the leaders of the town closest to the murder victim were required to take a young female cow (less than 2 years old according to the Chumash), that had never been worked, down to a ravine or valley(yadi) which had never been sown or plowed and always had an active stream thereby making the water unpolluted (Deut. 21:4), and break the cow’s neck. By requiring the use of a yadi that had a constant flow of water, the polluting blood from the heifer would be washed away, symbolizing the removal of uncleanliness from the city/land caused by unlawful bloodshed (Deut. 21:1-9).
Then the Cohanim who were Levites were to approach, as they were the ones chosen to offer blessings to Adonai and to serve him in a unique capacity. They were the ones to determine the outcome of any argument or matter that involved violence.
All of the leaders of the town were then required to wash their hands over the cow with the broken neck and say: “This blood was not shed by our hands, nor have we seen who did it. Adonai, forgive your people Israel.” Washing of hands was an ancient act symbolic of innocence and the entire ritual was commanded by Adonai to make a deep impression on the people and to act as a stimulus for the magistrates of the city to discharge their official duties which may lead to the discovery of the murderer.
After the confession of innocence was made and a supplication to Adonai for forgiveness, Adonai would forgive them of any guilt related to the murder. In this way, Adonai said that “Thus you will banish the shedding of innocent blood from among you, by doing what Adonai sees as right” (Deut. 21:8-9).
So, why do these leaders of the city closest to a murder victim of whom the murderer is unknown go through this ritual and seek forgiveness for something they didn’t do?
According to the Chumash, the murder of a Jew affects the entire community. If the death was in any way due to negligence or indifference, there should be a collective sense of guilt and remorse. By having the leaders of the city perform a public ritual in which they declare their innocence, prayer for forgiveness for the entire community is sought through the Cohanim who were Levites and who were specifically given the role of offering blessings and prayers to G-d.
The sanctity of life and the gravity of the situation is demonstrated by this ritual that that even involved the life of an innocent animal speaks to the import G-d places on such a crime. Large numbers of people would be in attendance, and this may also provide an opportunity to gain information that might lead to the apprehension of the murderer.
The phrase “by the elders that “our hands have not spilled this blood” would seem ludicrous. What is actually meant by this phrase is that they did not know the traveler and had no part in allowing him to go on his way without food, water, or an escort (Rashi). More than this, the elders were claiming their innocence of the murder before G-d.
By following this ritual commanded by Adonai, the people were cleared as a nation from blood guiltiness. If the guilty person was identified and apprehended, he would suffer the penalty of death. Until such time however, the city closest to the victim’s location was cleared from all guilt concerning the murder.
This narrative describes the importance of corporate responsibility to address any uncleanliness within its boundaries. Complacency and neglect of laws within its borders contaminates the entire community. When evil has been dealt with and the crime has been punished, the contamination is alleviated. , Going back to G-d’s Torah: “Then they [the elders] are to speak up and say, ‘This blood was not shed by our hands, nor have we seen who did it. Adonai, forgive your people Israel, whom you redeemed; do not allow innocent blood to be shed among your people Israel. And they will be forgiven this bloodshed. Thus you will banish the shedding of innocent blood from among you, by doing what Adonai sees as right” (Deut. 21:7-9).
Shalom,
Rabbi Tamah Davis-Hart