Exodus 21:12-14 One who strikes a man, so that he dies, shall surely die. But for one who had not lain in ambush and G-d had caused it to come to his hand, I Shall Provide you a place to which he shall flee. Yet if a man shall act intentionally against his fellow to kill him with guile, even from My altar shall you take him to die.
Let this be clear to you. A person who murders his fellow will die for his crime--there will be no atonement and there will be no clemency. One who murders his fellow must be killed. Wherever he may flee and whoever he may be, he can never hide from his Judgement nor can he ever be above the Law; as "Even from My altar shall you take him to die." "Sane" or not, he will die for his crime--for no person who would murder his fellow can be considered sane. For whatever motive he will die--for no motive can justify the crime of murder. One who murders his fellow intentionally cannot be allowed to live, for Justice must be served. Even if he would "repent" and never sin again, he can never be excused of his crime, for he must die. He will not sit in prison nor will he live even as a slave, for he must be killed, that the death of his victim will be avenged.
However, if someone kills his fellow unintentionally, killing him by accident, then this is a different matter; it is not an act of murder. If the victim should be the one to blame, then the killer will be completely innocent, but if a person is careless and takes a life by accident, then he is the one at fault, although it was done unintentionally. In Biblical days, a murder was avenged by a "redeemer of the blood," an avenger, which was usually a close relative of the victim. G-d Said to Moses, "When you cross the Jordan to the Land of Canaan, you shall designate cities for yourselves, cities of refuge shall they be for you, and a killer shall flee there--one who takes a life unintentionally. The cities shall be for you a refuge from the avenger, so that the killer will not die until he stands before the assembly for judgement." (Numbers 35:10-12). Accordingly, in Biblical days, a person was forced to flee to these cities of refuge when killing his fellow as a result of carelessness or negligence--which is unintentional although it cannot be excused. These were six cities of refuge, three east of the Jordan and three west of it, in which a person who took a life unintentionally could not be harmed by the avenger, that had a right to redeem the blood of the victim.
This was fitting for the time, and it should apply even today. A person who kills unintentionally cannot continue to live as if nothing happened--he must be forced to flee, as a punishment for his carelessness, since he took the life of another. But there will be no avenger, for if, when he is tried according to the Laws of G-d, he is found to be innocent, then it would be a sin to kill him. Nor will he be a prisoner, for if he should travel beyond his city of refuge, he should not be in danger, for he was found to be innocent. However, he will remain in "exile" within his city of refuge for a certain number of years, as is determined by trial, according to the extent of his carelessness. Should the extent of his fault be minimal, he should not even have to flee, but had he been a drunkard or was completely reckless, then he must suffer greatly for his negligence.
In Biblical days, one who killed another unintentionally was forced to live in the city to which he fled "until the death of the Kohen Gadol," (Numbers 35:25) the High Priest. But if he left the border of that city and was found and killed by the avenger, then the avenger would be considered innocent (Numbers 35:27). It will not be this way today. He should not have to wait for the death of the High Priest, for the priest might die quickly or he might live long--but there should not be people who await his death. Rather, he should be forced to flee according to the terms of his judgement, but should be allowed to visit his family and travel around the country, assuming this is only a visit and that he keep away from those he afflicted, that they should not have to see his face nor hear of his presence. However, the judge might decide otherwise, according to the Laws of G-d. For if a person should be severely at fault for his negligence, then the city of refuge should be his prison--that if he should leave, he will not be protected from an avenger.
But the one who kills with guile, must not be protected. The avenger may kill him, and he should be killed by the avenger. However, it would be a mistake to let the people take the Law into their own hands. When the authorities arrest the murderer, he will be tried, even if all are certain of his crimes. That way the judge should see that he is guilty and there will be no doubt when he is sentenced. And should there be a doubt, the matter must be investigated thoroughly that there should be no error in the judgement. Furthermore, the avenger should be a close relative, so that when the condemned man is killed, the family of the victim can rest with a clear conscious, that the blood of their loved one should not cry out to them. They should carry out the sentence themselves, at the hand of the avenger, that they should see and know that Justice was served, and the blood of the innocent did not spill unheard--for they themselves redeemed the blood of their loved one.
And When a person kills in self-defense, this is not considered a crime and is not an issue for judgment, unless the person being defended had been condemned to die. The matter must be investigated thoroughly, to be certain that it was done in self-defense and was not act of murder, but should any person be found to have killed in self-defense; in defense of himself, his loved ones, his fellow or any innocent person, and even his property, should he have been attacked or threatened physically, he will be absolved of his "crimes" completely, for he is innocent and acted Justly.
Laws of Israel 
For Israelis Ab...
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