Three Examples of Those Who Would Find No Protection In A City of Refuge (35:16-18).
The deliberate murderer had no refuge. This would partly be determined by the nature of the instrument used. Thus an iron instrument, a large stone, or a wooden weapon would be evidence of intent. It would suggest that the slaying was intentional.
“ But if he smote him with an instrument of iron, so that he died, he is a murderer: the murderer shall surely be put to death.”
To attack a man with an instrument of iron with sufficient force to kill clearly implied either a premeditated intention to kill or a total disregard for life. In such a case the slayer would have no valid excuse. The instrument used indicated a total disregard for a life given by Yahweh. To send a man's lifeblood prematurely into the dust, before its time fixed by Yahweh, defiled the land and was a high-handed sin against Yahweh.
“ And if he smote him with a stone in the hand, by which a man may die, and he died, he is a murderer: the murderer shall surely be put to death.”
To take a large stone in hand ‘by which a man may die' would again show clear intent of murder or total disregard for God-given life. The intent to make unconscious or to injure would have been indicated by the use of a smaller stone.
“ Or if he smote him with a weapon of wood in the hand (a piece of wood deliberately taken in hand, or ‘with a handle'), by which a man may die, and he died, he is a murderer: the murderer shall surely be put to death.”
Here the instrument is specifically described as a ‘weapon', a man wrought instrument, a piece of wood with a handle, or deliberately taken in hand (either translation is possible). The purpose of carrying such a weapon would be in order to kill. Why else was he carrying the weapon? Thus again it revealed premeditated intent.
So in all these three cases the Avenger of blood was himself to put the slayer to death. The crime of shedding blood and open rebellion against God by slaying someone in His image was to be punished by those most directly offended against, the family. This ensured that the matter was pursued at a time when there was no police force. Whenever the avenger saw the slayer he was to put him to death.