The Torah’s response to accidental death when there is a degree of negligence is for the perpetrator to go into exile until the death of the Cohen Godol, as our Gemara on Amud Beis describes. But what is the reason for exile?  The verses offer a mixed message because there is reference to not accepting payment as exchange for forgiveness (as described in our Gemara), which implies exile is a form of penance, yet the verses also speak of offering sanctuary from a relative who would take blood vengeance upon the killer.

The Chinuch (408) says both reasons are actually valid.  He also adds an additional reason, which is that it is unfair and traumatizing for the family of the victim to see the perpetrator sitting around sipping martinis (not the Chinuch’s idiom!) while they grieve the loss of their loved one.  

The Shalah (Torah Shebiksav, Matos-Masei, Devarim, Torah Ohr) offer a more mystical reason.  He says the soul of the victim remains haunted and is unable to detach from his body (perhaps because the death was untimely?) We see this is true from the incident recounted in Melachim I:22:21, in the behavior of the ghost of the victim of Achav and Izevel. It is a comfort for the victim (and maybe also a form of equal penance) for the perpetrator to join him in exile, so to speak.  The death of the Cohen Godol, who possesses a powerful soul, engenders the ability for the wandering soul to accompany him on his journey back to heaven.

The last two points, especially the former, are an application of sensitivity to the victims psychological and spiritual torment.  This may be applied to victims of familial sexual abuse, that is the victims should not be expected to put up with the presence of the perpetrator at family functions. Sadly, I see this retraumatization occur all too often, when family members rationalize that “it’s been a long time” or other excuses. I get it, it’s hard, embarrassing and awkward to exclude uncle or Zeidy Plony. But, the Chinuch says, “Nope, get with the program.”

Translations Courtesy of Sefaria, except when, sometimes, I disagree with the translation

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