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Why does the Torah (תורה) permit a goel hadam to kill an accidental murderer before any trial? The shiur develops the principle that humans possess an inherent right to exist through divine gift of free will. Murder violates this fundamental right, making the goel hadam's response about restoring justice for the victim's vindicated existence.
This shiur presents a profound analysis of the seemingly problematic laws of goel hadam (blood avenger) found in this week's parsha. Rabbi Zweig begins by questioning why the Torah (תורה) permits a goel hadam to kill someone who committed accidental murder, even before a court trial, when emotions don't typically justify homicide in Jewish law. The answer lies in understanding a fundamental principle: human beings have an inherent right to exist that no other creation possesses. This right stems from having free will (bechira) - the ability to earn existence through moral choices. When Abel was murdered, his blood cried out not merely because of injustice, but because his fundamental right to exist was violated. The Earth played a complex role in this dynamic - first by disobeying God's command regarding fruit trees (setting a precedent for disobedience that influenced Adam's sin), and later by swallowing Abel's blood and thereby diminishing the outcry for justice. The concept of geulah (redemption) in goel hadam means restoring the victim's vindicated right to exist through proper justice. The cities of refuge (arei miklat) serve as places where the Levitical perspective - understanding divine justice - can provide a different framework for viewing these tragedies. The shiur emphasizes that this understanding of human rights as divinely granted through free will is impossible in any worldview that doesn't recognize divine creation. Without a Creator, humans would be merely advanced animals with no inherent rights. This principle has profound implications for contemporary issues like abortion and euthanasia. The blood of murder victims continues to 'cry out' because their fundamental right to existence - granted through divine gift of free will - has been violated. Rabbi Zweig concludes by connecting this to the period before Tisha B'Av, noting that sinat chinam (baseless hatred) also involves failure to recognize others' inherent right to exist and dignity.
Parshas Matos-Masei, laws of cities of refuge and blood avenger
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