Shoftim שופטים with thanks to Professor Rabbi Marty Lockshin

MISHNAH: The Elders of that town wash their hands with water at the place where the calf's neck was broken and say: "Our hands did not spill this blood," etc. Did we ever think that the court was spilling blood? But, that he did not come to our attention and we sent him away, or that we did not see him and left him. ... HALAKHAH: The rabbis here explain the verse about the murderer, the rabbis there explain the verse about the murder victim. The rabbis here explain the verse about the murderer, "he did not come to our attention and we sent him away," and did not execute him; "or that we did not see him and left him," and muddled his trial. ...

And Rabbi Yehoshua ben Levi says: When a person is found slain between two cities and it is not known who killed him, a heifer whose neck is broken is brought. This occurs only because of miserly people. As it is stated: “And they shall speak and say: Our hands have not shed this blood” (Deuteronomy 21:7). But did it enter our hearts to think that the Elders of the court are murderers? Why it is necessary for them to publicize that they did not kill him? Rather, they must declare: It is not so that this victim came to us and we dismissed him, and it is not so that we saw him and left him. In other words, he did not come to us and we in turn dismissed him without food, and we did not see him and then leave him without an escort. It is miserly people who do not provide others with food and cause them to travel to places where they might be murdered.

(1) The following procedure should be adhered to when the corpse of a slain person is found lying on the earth, and it is not known who struck him. It is left in place. Five elders from the High Court in Jerusalem come and measure from the corpse to the nearby cities, as indicated by Deuteronomy 21:2: "And your elders and your judges shall go out and measure...."
Even if the corpse is found right next to a city, or it is clearly obvious that a particular city is closer, it is a mitzvah to measure.

God commanded that all this be done so that the murder victim “has a voice.” Noise is made through the measuring of the cities [to find out which one is closest], and the arrival of the rabbinic court there, and the heifer which is killed and buried. All these are unusual [and attract attention].

If someone had gone on a journey and did not return, and no one knows his fate, his household and his relatives might come because of the publicity and they can see if they recognize the person who died. Thus his wife will not be an agunah [but will be allowed to remarry]. . . .

Once the victim is identified, we can find out who travelled with him and who joined him on the trip. Sometimes, as a result, the murderer can be identified.

(8) The beneficial character of the law concerning “the breaking of the neck of a heifer” (Deut. 12:1-8) is evident. For it is the city that is nearest to the slain person that brings the heifer, and in most cases the murderer comes from that place. The elders of the place call upon God as their witness, according to the interpretation of our Sages, that they have always kept the roads in good condition, have protected them, and have directed every one that asked his way; that the person has not been killed because they were careless in these general provisions, and they do not know who has slain him. As a rule the investigation, the procession of the elders, the measuring, and the taking of the heifer, make people talk about it, and by making the event public, the murderer may be found out, and he who knows of him, or has heard of him, or has discovered him by any due, will now name the person that is the murderer, and as soon as a man, or even a woman or handmaid, rises up and names a certain person as having committed the murder, the heifer is not killed. It is well known that it is considered great wickedness and guilt on the part of a person who knows the murderer, and is silent about him whilst the elders call upon God as witness that they know nothing about the murderer. Even a woman will, therefore, communicate whatever knowledge she has of him. When the murderer is discovered, the benefit of the law is apparent. If the court of justice cannot sentence him to death, the king may find him guilty, who has the power to sentence to death on circumstantial evidence; and if the king does not put him to death, the avenger of blood may scheme and plan his death, and at last kill him. We have thus shown the use of the law concerning the breaking of the neck of the heifer in discovering the murderer. Force is added to the law by the rule that the place in which the neck of the heifer is broken should never be cultivated or sown. The owner of the land will therefore use all means in his power to search and to find the murderer, in order that the heifer be not killed and his land be not made useless to him.

(9) It is forbidden ever to sow seeds or till the river in which the calf was decapitated, as Deuteronomy 21:4 states: "that must never be worked or sown." Whoever performs work with the land itself - e.g., he plowed, he dug, he seeded, he planted, or the like - should be punished with lashes. ...

As a result of their belief that the land would be cursed because of [unavenged] spilled blood, it was necessary to take steps to avert the possibility that they would be tempted to kill an innocent person who was suspected of the murder even without clear evidence and certain testimony. . . . In the current case, where the murder victim was found, [they might have mistakenly thought] that the entire people would be punished if their efforts did not turn up the murderer.