Exodus 21:12

Still higher than personal liberty, however, is life itself, the right of existence and personality; and the infliction of injury upon this was not only prohibited, but to be followed by punishment corresponding to the crime. The principle of retribution, jus talionis, which is the only one that embodies the idea of justice, lies at the foundation of these threats. Exo 21:12-13 A death-blow was to be punished with death (cf. Gen 9:6; Lev 24:17). "He that smiteth a man and (so that) he die (whether on the spot or directly afterwards did not matter), he shall be put to death." This general rule is still further defined by a distinction being drawn between accidental and intentional killing. "But whoever has not lain in wait (for another's life), and God has caused it to come to his hand" (to kill the other); i.e., not only if he did not intend to kill him, but did not even cherish the intention of smiting him, or of doing him harm from hatred and enmity (Num 35:16-23; Deu 19:4-5), and therefore did so quite unawares, according to a dispensation of God, which is generally called an accident because it is above our comprehension. For such a man God would appoint places of refuge, where he should be protected against the avenger of blood. (On this point, see Num 35:9.). Exo 21:14-17 "But he who acts presumptuously against his neighbour, to slay him with guile, thou shalt take him from Mine altar that he may die." These words are not to be understood as meaning, that only intentional and treacherous killing was to be punished with death; but, without restricting the general rule in Exo 21:12, they are to be interpreted from their antithesis to Exo 21:13, as signifying that even the altar of Jehovah was not to protect a man who had committed intentional murder, and carried out…

Here is, I. A law concerning murder. He had lately said, Thou shalt not kill; here he provides, 1. For the punishing of wilful murder (Exo 21:12): He that smiteth a man, whether upon a sudden passion or in malice prepense, so that he die, the government must take care that the murderer be put to death, according to that ancient law (Gen 9:6), Whoso sheddeth man's blood, by man shall his blood be shed. God, who by his providence gives and maintains life, thus by his law protects it; so that mercy shown to a wilful murderer is real cruelty to all mankind besides: such a one, God here says, shall be taken even from his altar (Exo 21:14), to which he might flee for protection; and, if God will not shelter him, let him flee to the pit, and let no man stay him. 2. For the relief of such as killed by accident, per infortunium - by misfortune, or chance-medley, as our law expresses it, when a man, in doing a lawful act, without intent of hurt to any, happens to kill another, or, as it is here described, God delivers him into his hand; for nothing comes to pass by chance; what seems to us purely casual is ordered by the divine Providence, for wise and holy ends secret to us. In this case God provided cities of refuge for the protection of those whose infelicity it was, but not their fault, to occasion the death of another, Exo 21:13. With us, who know no avengers of blood but the magistrates, the law itself is a sufficient sanctuary for those whose minds are innocent, though their hands are guilty, and there needs no other. II. Concerning rebellious children. It is here made a capital crime, to be punished with death, for children either, 1. To strike their parents (Exo 21:15) so as either to draw blood or to make the place struck black and blue. Or, 2. To curse their parents (E…

21:12-17 The crimes of murder, kidnapping, and dishonoring one’s parents warranted the death penalty. A murderer forfeits his own life, and human life is so precious that even an accidental death cannot be overlooked. The place of refuge (see Num 35:6-28) was a place where an accidental killer could go so that the family of the deceased could not take vengeance (see study notes on Num 35:6-34).