Exodus 21:12

_HE THAT SMITETH A MAN, SO THAT HE DIE, SHALL BE SURELY PUT TO DEATH._ He that smiteth a man so that he die, shall be surely put to death. The preceding acts for protecting the rights and privileges of the poor and dependent are here succeeded by an enumeration of laws respecting the punishment of personal injuries, which in various forms and degrees of atrocity seem at this early stage of social life in Israel to have been painfully frequent. These regulations were founded on the lex Talionis, the principle of retributive justice; and cases are specified, marked by circumstances which, when properly investigated, might tend to modify or entirely restrain the application of that principle. A violent assault, which issued in the immediate or ultimate death of the injured party, involved the criminality of homicide, the penalty of which was death (see the note at Genesis 9:6

12._He that smiteth a man_, _so that he die_. This passage, as I have said, more clearly explains the details, and first makes a distinction between voluntary and accidental homicide; for, if a stone or an axe (Deuteronomy 19:5.) may have slipped from a man unintentionally, and struck anybody, He would not have it accounted a capital crime. And for this purpose the cities of refuge were given, of which brief mention is here made, and whose rights will be presently more fully spoken of, and where also the mode of distinguishing between design and ignorance will be laid down. But it must be remarked, that Moses declares that accidental homicide, as it is commonly called, does not happen by chance or accident, but according to the will of God, as if He himself led out the person, who is killed, to death. By whatever kind of death, therefore, men are taken away, it is certain that we

12-21 God, who by his providence gives and maintains life, by his law protects it. A wilful murderer shall be taken even from God's altar. But God provided cities of refuge to protect those whose unhappiness it was, and not their fault, to cause the death of another; for such as by accident, when a man is doing a lawful act, without intent of hurt, happens to kill another. Let children hear the sentence of God's word upon the ungrateful and disobedient; and remember that God will certainly requite it, if they have ever cursed their parents, even in their hearts, or have lifted up their hands against them, except they repent, and flee for refuge to the Saviour. And let parents hence learn to be very careful in training up their children, setting them a good example, especially in the government of their passions, and in praying for them; taking heed not to provoke them to wrath. Through...

The case of murder of a free man and of a bondman. See Exodus 21:20 note. The law was afterward expressly declared to relate also to foreigners, Leviticus 24:17, Leviticus 24:21; compare the marginal references....

EXPOSITION THE BOOK OF THE COVENANT.—_Continued_. I. _Laws connected with the rights of persons_ (Exodus 21:1). The regulations of this section concern— 1. Slavery (Exodus 21:2); 2. Murder and other kinds of homicide (Exodus 21:12-2 and Exodus 21:20, Exodus 21:21); 3. Man-stealing ...

HE THAT SMITETH A MAN, SO THAT HE DIE,.... The Targum of Jonathan is, that smites a man or daughter of Israel with the sword; but there is no need to restrain the words either to persons of any certain nation, nor to any instrument with which a person may be smitten as to die: but any human person, man, woman, or child, of whatsoever nation, and they smitten with anything whatever, that issues in their death: SHALL SURELY BE PUT TO DEATH; by the order of the civil magistrate, and by the hand of such as shall be appointed by him; for this is the original law of God, Genesis 9:6....

CHAPTER 21 DIFFERENT JUDGMENTS _ 1. Master and servant (Exodus 21:1)_ 2. Concerning injury to the person (Exodus 21:12) 3. Concerning property (Exodus 21:33) The Three Chapter s which follow the giving of the Ten Commandments give the practical application of the Decalogue in the daily life. The duties towards the fellowman are demonstrated in part. There are seven sections to these three Chapter s; each section contains ten precepts. The servant occupies the first place. He was to obtain his freedom for nothing after serving six years. In Deuteronomy we read that the master is commanded not to let him go empty-handed, but give him of his flock, his threshing floor and his winepress.

EXODUS 21:12 E. CAPITAL OFFENCES. This group, varying in form from the main body of the Judgments, is here regarded as a part of the smaller Book of the Covenant (p. 184). The punishment of murder was death (Exodus 21:12), inflicted in Israel, as elsewhere, according to the widespread custom of blood-revenge, by the next-of-kin as avenger of blood (2 Samuel 14:11). For accidental homicide, not distinguished in Homer from murder, a place of asylum, a sanctuary of special rank, was provided (Exodus 21:13, _cf._ Numbers 35:9 * P,...

Exodus 20:22 to Exodus 23:33 _The Book of the Covenant_ The -Book of the Covenant" (see Exodus 24:7 in explanation of the name) is the oldest piece of Hebrew legislation that we possess. The laws contained in it are spoken of in Exodus 24:3 as consisting of two elements, the WORDS (or commands) and the JUDGEMENTS: the JUDGEMENTS (see on Exodus 21:1) are the provisions relating to civil and criminal law, prescribing what is to be done when particular cases arise, and comprised in...

HE THAT SMITETH A MAN, &C.— See Genesis 9:6. It appears from Leviticus 17:16 that this law was not confined to the murder of _Israelites,_ but extended to strangers, and all men in general; contrary to the shameful glosses of some of the Rabbis....