Kohen Gadol Brings Life

במדרש בענין ערי מקלט מביא הפסוק יורה חטאים בדרך ע"ש

The Midrash, in connection with the cities of refuge, brings the verse "He instructs sinners in the way" (Tehillim 25:8); see there.

The Midrash links the law of the cities of refuge to the verse describing how Hashem shows sinners the path, hinting at a deeper lesson about the murderer's exile.

דענין הגלות של הרוצח ויציאתו במיתת כ"ג כ' רש"י הטעם שהכ"ג מאריך ימיו של אדם א"נ שהי' לו להתפלל שלא יארע תקלה כו'

Regarding the exile of the murderer and his release upon the death of the Kohen Gadol, Rashi gives the reason that the Kohen Gadol lengthens a person's days; alternatively, that he should have davened that no mishap occur, and so on.

Rashi offers two reasons why the inadvertent murderer goes free when the Kohen Gadol dies: either because the Kohen Gadol extends people's lives, or because he should have prayed that no such tragedy happen.

וב' הטעמים אמת כי כחו של כה"ג להביא חיים לעולם הי' צריך לגבור זכותו על מעשה הרוצח שלא להביא מיתה ולכן במיתת הכ"ג מתכפר זה החטא

Both reasons are true, for the power of the Kohen Gadol to bring life into the world required that his merit overpower the deed of the murderer so as not to bring death into the world, and therefore through the death of the Kohen Gadol this sin is atoned.

The Sfas Emes says both reasons are really one: the Kohen Gadol's role is to draw life into the world, so his merit should have overpowered the killing; since it did not, his death atones for that sin.

והנה בגמ' הקשו הרי שנגמר דינו לפני כ"ג זה מה הי' לו לעשות ומשני שהי' לו להתפלל שיגמור דינו לזכות

Now, the Gemara raises a difficulty: if someone's judgment was concluded before this Kohen Gadol, what was there for him to do? And it answers that he should have davened that his judgment be concluded favorably.

The Gemara asks how the Kohen Gadol could be blamed if the verdict was reached before he took office, and answers that he still should have davened that the verdict come out favorably.

ואינו מובן כיון שכבר נעשה הרציחה על ידו למה יתפלל שיגמור דינו לזכות ואמו"ז ז"ל אמר בזה דבר נפלא לפמ"ש הב"י בשם הר' מנוח בריש ה' ר"ה הטעם דאמרינן בעשי"ת מלך המשפט שהוא בעצמו המשפט ולכן אם הי' נגמר דינו לזכות הי' באמת המשפט לזכות שהמשפט נמשך אחר רצונו ית"ש ודפח"ח

This is not understood: since the murder was already committed through him, why should he daven that his judgment conclude favorably? And my mother's father, of blessed memory, said a wondrous thing on this, based on what the Beis Yosef wrote in the name of Rabbeinu Manoach at the beginning of the laws of Rosh Hashanah, the reason that we say during the Ten Days of Teshuvah "the King of Judgment" — that He Himself is the judgment, and therefore if the judgment had been concluded favorably it would truly have been a favorable judgment, for the judgment follows after His blessed will; and these are words pleasant to the palate.

This seems puzzling since the killing already happened; his grandfather answered, based on Rabbeinu Manoach, that Hashem Himself is the judgment, so a favorable verdict would have reshaped reality itself in accordance with His will.

אכן לפענ"ד נראה לבאר ענין הגלות של הרוצח כיון שהרג נפש נדבק בו כח המיתה וחלק מלאך הממית ב"מ ונעשה מזיק ויכול להזיק ח"ו ולגרום מיתה ולכן הושם לו מקום

However, in my humble opinion it seems proper to explain the matter of the murderer's exile thus: since he killed a soul, the power of death and the portion of the angel of death — may the Merciful One spare us — became attached to him, and he became a source of damage, able to cause harm, Heaven forbid, and to bring about death, and therefore a place was assigned for him.

The Sfas Emes offers his own explanation: by taking a life, the killer becomes attached to the force of death and becomes capable of causing further harm, so he is sent to a designated place of refuge.

וכן לשון הפסוק והאלקים אנה לידו שנדבק במדה"ד ולכן קראו הכתוב רוצח הגם שהי' שוגג נדבק הרציחה בו ולכן הכה"ג שמביא חיים לעולם יש בכחו לגבור ולעקור זו הרשימה שנדבק בו ויצא דינו לזכות שיצא מת"י רשימת הרציחה שנדבק בו

And so too is the language of the verse, "and Hashem caused it to come to his hand" (Shemos 21:13), that he became attached to the attribute of strict justice, and therefore Scripture called him a murderer even though he acted inadvertently, for the act of killing became attached to him; and therefore the Kohen Gadol, who brings life into the world, has within his power to overpower and uproot this imprint that became attached to him, so that his judgment emerges favorably, for he is freed by his hand from the imprint of the killing that had become attached to him.

The verse's wording shows the killer became bound to the attribute of strict justice, which is why he is called a murderer despite being inadvertent; the Kohen Gadol, who brings life, has the power to uproot that deadly imprint and free him.

ולא יצטרך לגלות

And then he will not need to go into exile.

Once that imprint is removed, there is no longer any need for the man to remain in exile.

וזה רמז המדרש יורה חטאים ולא כתב חוטאים רק חטאים כנ"ל שנתן הקב"ה מקום שלא יזיק זה החטא המשחית שנדבק בזה ההורג נפש בשגגה כנ"ל:

And this is what the Midrash hints at: "sinners" — and it does not write "those who sin," but only "sins" — as explained above, that the Holy One, Blessed is He, gave a place so that this destructive sin which became attached to the one who killed a soul inadvertently should not cause harm, as explained above.

The Midrash uses "sins" rather than "sinners" to hint that Hashem provided the city of refuge as a place to contain the destructive force of the sin clinging to the inadvertent killer, so it should cause no further harm.

Summary: The Sfas Emes explores why the inadvertent murderer remains in a city of refuge until the death of the Kohen Gadol. He unifies Rashi's two reasons into one idea: the Kohen Gadol's avodah is to draw life into the world, so his merit should have prevented this death; when it fails to, his own death atones. Citing his grandfather and Rabbeinu Manoach, he notes that since Hashem Himself is the judgment, a favorable verdict reshapes reality according to His blessed will. The Sfas Emes then explains that taking a life attaches to the killer the power of death and the attribute of strict justice, turning him into a source of harm — so he is confined to a designated place. The Kohen Gadol, who brings life, can uproot that deadly imprint, freeing the murderer and showing how Hashem gives a place to contain the destructive sin clinging to one who killed inadvertently.