פרשה: מסעי · עלייה: חמישי (הוד)

ונתנו ללוים מנחלת אחוזתם, "that they give to the Levites of the inheritance of their possession, etc." The meaning of this verse is that while it is true that the Levites were not to have a claim to an inheritance in the land, there was nothing to prevent them from accepting parcels of land as a gift from the other tribes. This is in the same category as the rule that one should provide a livelihood for people who have not been fortunate enough to provide it for themselves. When the Torah is specific, writing ערים לשבת, "cities to dwell in," the meaning is that seeing the Levites have to live some place they need to be allocated cities for themselves. The Torah repeats the statement to indicate that the first time the Torah writes לשבת is to justify why these cities have to be given to the Levites; when the Torah continues with והיו הערים להם לשבת (verse 3) the Torah emphasises that these "cities" must be fit to dwell in. We are told in Makkot 12 that the meaning is that cities must be reserved for residential purposes and that it is forbidden to convert land set aside for residential purposes into מגרשים, open playfields, etc.

ולכל חיתם, "and for all their livestock." The plain meaning of the verse is that these מגרשים, "open spaces" are to serve the various needs of the Levites. The Talmud in Makkot 12 derives from the word חיתם, that these spaces are to serve only the needs of the living, they are not to be used as burial plots, with the exception of burying an involuntary murderer who had used this city as his city of refuge. This is based on the word תהיינה in verse 15 of our chapter from which the Talmud derives "there shall be their burial." According to the exegetical approach of our sages in the Talmud the words ולכל חיתם are difficult. Seeing that these words are only intended to forbid burial of the regular residents of these cities in their מגרשיהם, all the Torah should have written was the word לחיתם leaving out the word ולכל which implies all kinds of other usages. The addition of the letter ו at the beginning of the word ולכל makes this even more difficult to understand as we are clearly dealing with a רבוי, an expression intended to include additional meanings. Perhaps we can best explain this by saying that the רבוי implied in the word ולכל was meant to counteract the מיעוט, the restrictive nature of the word חיתם. The meter of the verse then is as follows: ולכל, "the use of the מגרש is permitted for every kind of use for the living, i.e. only burial of the dead is excluded." Had the Torah only written לחיתם, I would have concluded that anything which is not directly required for life is prohibited, i.e. a host of activities other than burial.

ואת הערים…את שש ערי המקלט, "and the cities…the six cities of refuge, etc." From this verse we learn that these six cities were to serve primarily the involuntary murderers who had to be exiled there and not the Levites. Seeing that in verse 7 the Torah mentions that the grand total of the number of cities allocated to the Levites is 48, it is clear that the Levites were also entitled to live in the six cities of refuge. Apparently, the Torah wrote matters in such a way that we understand that the Levites and the inadvertent murderers (Israelites) had equal rights in the six cities of refuge. This is why the Torah stressed the rights of the inadvertent murderers in the first verse whereas in the second verse it appears to stress the rights of the Levites. From all this it is clear that the exiles do not have the right to charge rent to the Levites. All the opinions discussing this subject in Makkot 13 are agreed on this point. I may add that it is my view that in the event that there is a surfeit of exiles in any of the six cities of refuge, a Levite may be forced to leave in order to make room for an inadvertent murderer.