Exodus 21:12

KJV

¶ He that smiteth a man, so that he die, shall be surely put to death.

KJV (with Strong's)

He that smiteth {H5221} a man {H376}, so that he die {H4191}, shall be surely {H4191} put to death {H4191}.

Complete Jewish Bible

"Whoever attacks a person and causes his death must be put to death.

Berean Standard Bible

Whoever strikes and kills a man must surely be put to death.

American Standard Version

He that smiteth a man, so that he dieth, shall surely be put to death.

Commentary

### SUMMARY
Exodus 21:12, a foundational statute within the "Book of the Covenant," establishes the unequivocal penalty of capital punishment for the intentional taking of a human life. This law, delivered by God to Israel, profoundly underscores the sanctity of human life as divinely ordained and demands absolute justice for its violation, setting a critical precedent for the moral and legal framework of the nascent Israelite society.

### CONTEXT
* **Literary Context:** This verse is strategically positioned as the very first civil statute following the Ten Commandments, specifically elaborating on the sixth commandment, "[You shall not murder](/exodus/20-13 "Exodus 20:13 - The Sixth Commandment")" (Exodus 20:13). It initiates the "Book of the Covenant" ([Exodus 20:22-23:33](/exodus/20-22-33 "Exodus 20:22-33 - The Book of the Covenant")), a comprehensive collection of laws that translate the broad moral principles of the Decalogue into practical legal applications for daily life in Israel. The immediate placement of this severe penalty for homicide highlights the paramount importance God places on human life within His covenant community, distinguishing premeditated murder from other offenses and setting the stage for subsequent distinctions, such as those concerning accidental manslaughter and the provision of [cities of refuge](/numbers/35-9-34 "Numbers 35:9-34 - Cities of Refuge") found later in the Pentateuch (e.g., [Exodus 21:13](/exodus/21-13 "Exodus 21:13 - Provisions for Accidental Killing") and [Numbers 35](/numbers/35 "Numbers 35 - Laws for Homicide and Cities of Refuge")).
* **Historical & Cultural Context:** Given to the Israelites shortly after their liberation from Egyptian bondage and the establishment of the covenant at Mount Sinai, these laws were designed to forge a distinct, just, and holy society. Unlike many contemporary ancient Near Eastern law codes, such as the Code of Hammurabi, which sometimes permitted monetary compensation or lesser penalties for homicide, the Mosaic Law, as articulated in [Exodus 21:12](/exodus/21-12 "Exodus 21:12 - Penalty for Murder"), unequivocally demanded the life of the murderer. This absolute stance reflects God's unique and non-negotiable valuation of human life, rooted in the foundational truth that humanity is created in the "[image of God](/genesis/1-27 "Genesis 1:27 - Humanity Created in God's Image")" ([Genesis 1:27](/genesis/1-27 "Genesis 1:27 - Humanity Created in God's Image")). This principle was reinforced post-Flood, with the divine mandate: "[Whoever sheds the blood of man, by man shall his blood be shed, for God made man in his own image](/genesis/9-6 "Genesis 9:6 - Sanctity of Human Life After the Flood")" ([Genesis 9:6](/genesis/9-6 "Genesis 9:6 - Sanctity of Human Life After the Flood")). The law thus served not only as a powerful deterrent but also as a divine affirmation of the sacredness of human existence, establishing a moral order far superior to surrounding pagan societies.
* **Key Themes:** [Exodus 21:12](/exodus/21-12 "Exodus 21:12 - Penalty for Murder") is central to several key themes within Exodus and the broader Pentateuch. Foremost is the **Sanctity of Human Life**, emphasizing that life is a sacred gift from God, bearing His image, and therefore inviolable. The verse also highlights **Divine Justice**, demonstrating God's righteous character and His demand for accountability for heinous crimes. The prescribed death penalty underscores that justice must be commensurate with the offense, reflecting the infinite value of the life taken. Furthermore, it contributes to the theme of **Covenant Law and Order**, providing the specific legal framework necessary for Israel to function as a holy nation under God's rule. This law establishes a clear boundary against chaos and violence, ensuring the protection of the innocent and the maintenance of a just society, distinguishing God's people from the lawlessness of other nations.

### EXPOSITION AND ANALYSIS
#### Key Word Analysis
* **Smiteth (Hebrew, _nâkâh'_):** Derived from H5221, this primitive root means "to strike (lightly or severely, literally or figuratively)." While it can denote a simple blow, the crucial qualification "so that he die" in the verse clarifies its specific, fatal intent here. This word establishes the physical action, emphasizing the direct causal link between the perpetrator's act of striking and the resulting death, making the individual directly responsible for the lethal outcome.
* **Man (Hebrew, _ʼîysh'_):** From H376, this word refers to "a man as an individual or a male person," but it is often used broadly to mean "any (man)," "a certain," or "person." Its use here signifies that the law applies universally to any human being, regardless of their social standing, gender, or status within the community. This underscores the impartial nature of divine justice and the equal value of all human life before God.
* **Put to death (Hebrew, _mûwth'_):** Stemming from H4191, this primitive root means "to die (literally or figuratively)" or, causatively, "to kill." The Hebrew construction used in the verse, `môt yûmaṯ` (literally "dying he shall die"), is an emphatic infinitive absolute followed by the imperfect verb. This powerful idiom conveys absolute certainty and irrevocability. It is a common legal formula in the Old Testament, leaving no room for ambiguity or alternative punishments; the prescribed consequence for intentional homicide is unequivocally capital punishment, emphasizing the divine decree for the ultimate penalty.

#### Verse Breakdown
* **"He that smiteth a man,"**: This opening clause identifies the subject of the law: any individual who commits an act of physical violence against another human being. The generality of "a man" (Hebrew: _’îš_) indicates that this law applies to all members of the community, highlighting the universal value of human life and the impartial nature of the legal system God is establishing.
* **"so that he die,"**: This critical qualification specifies the direct and fatal outcome required for the application of this severe law. It precisely defines the nature of the offense, distinguishing it from mere assault or injury. The act of striking must directly and demonstrably result in the death of the victim, thereby focusing the capital penalty exclusively on the ultimate violation of life—murder.
* **"shall be surely put to death."**: This concluding clause declares the absolute, certain, and non-negotiable consequence for the act described. The emphatic Hebrew idiom (_môt yûmaṯ_, "dying he shall die") underscores the divine mandate for capital punishment in cases of intentional homicide. This formulation leaves no doubt about the severity of the offense and God's unwavering commitment to justice and the protection of human life within His covenant community.

#### Literary Devices
Exodus 21:12 employs several literary techniques to convey its authoritative and uncompromising message. It functions primarily as a **Legal Formulary**, characterized by its concise, declarative, and prescriptive language, which is typical of ancient Near Eastern law codes. The use of the emphatic infinitive absolute construction in "shall be surely put to death" (_môt yûmaṯ_) serves as a powerful instance of **Repetition/Emphasis**, underscoring the absolute certainty and finality of the prescribed punishment and leaving no doubt about the severity of the offense and its consequence. The **Conciseness** of the statement, delivering a profound legal principle in just a few words, enhances its memorability and authority, making it easily understood and applied. Furthermore, the underlying **Divine Authority** is implicit throughout, as this law is presented not as a human invention but as part of God's direct revelation to His people, establishing a moral and legal framework for a society governed by divine principles.

### THEOLOGICAL AND THEMATIC CONNECTIONS
Exodus 21:12 powerfully articulates the profound theological principle of the sanctity of human life, which is rooted in the biblical truth that humanity is created in the very image of God. Taking a human life intentionally is not merely an offense against another person or society, but a direct affront to the Creator Himself, defacing His image in the world. This law underscores God's unwavering demand for divine justice, where the penalty for such a heinous act is commensurate with the infinite value of the life taken. It establishes a foundational aspect of the covenant relationship, demonstrating that God's people must reflect His righteousness and uphold justice within their community, ensuring accountability and the protection of the innocent. The severity of the punishment reflects the gravity of the sin, emphasizing that only God has the ultimate authority over life and death.

* [Genesis 9:6](/genesis/9-6 "Genesis 9:6 - The Divine Mandate for Justice and Sanctity of Life")
* [Numbers 35:30-34](/numbers/35-30-34 "Numbers 35:30-34 - No Ransom for Murder and Defiling the Land")
* [Romans 13:4](/romans/13-4 "Romans 13:4 - Governing Authorities as God's Servants of Justice")

### REFLECTION AND APPLICATION
Exodus 21:12 serves as a stark and enduring reminder of the immeasurable value God places on human life. In a world often desensitized to violence, suffering, and death, this ancient statute calls us to a profound and unwavering reverence for every individual, recognizing that each person bears the divine image and is therefore worthy of ultimate respect and protection. It challenges us to reflect deeply on the seriousness of any action, thought, or word that diminishes, devalues, or leads to the destruction of life, whether physical, emotional, or spiritual. For believers, this means actively promoting a culture of life in all its forms, advocating for justice for the vulnerable, and working tirelessly against all forms of violence, oppression, and dehumanization. It also compels us to examine our own hearts, recognizing, as Jesus taught, that hatred, anger, and contempt are the spiritual seeds of murder ([Matthew 5:21-22](/matthew/5-21-22 "Matthew 5:21-22 - Jesus on Anger and Murder")). The pursuit of righteous justice for victims and the upholding of just laws are not merely societal constructs but profound reflections of God's own character and His fervent desire for a world where life is cherished, protected, and allowed to flourish according to His design.

#### Questions for Reflection
* **How does the absolute nature of the law in [Exodus 21:12](/exodus/21-12 "Exodus 21:12 - Penalty for Murder") shape our understanding of the inherent and non-negotiable value of human life?**
* **In what practical ways can we, as individuals and communities, actively uphold the sanctity of life in a world that often devalues it through various forms of violence and injustice?**
* **How does the divine demand for justice in this verse inform our prayers, advocacy, and actions regarding violence, oppression, and the pursuit of righteousness in our society today?**

### FAQ
**Does this verse endorse capital punishment for all time?**

Answer: Exodus 21:12 unequivocally prescribes capital punishment for intentional homicide within the specific legal and theological framework of the Mosaic Law given to ancient Israel. This law reflects God's profound valuation of human life and His demand for justice for the shedding of innocent blood, emphasizing that human life is sacred because humanity is made in God's image ([Genesis 9:6](/genesis/9-6 "Genesis 9:6 - Sanctity of Human Life")). While the specific application of capital punishment in modern legal systems remains a complex ethical and theological debate among Christians, this verse undeniably establishes the principle that the intentional taking of a human life is an offense of such gravity that it warrants the most severe consequence, underscoring the sanctity of life as a foundational divine principle.

**How does this law relate to accidental killing or manslaughter?**

Answer: Exodus 21:12 specifically addresses cases where a person "smiteth a man, so that he die," implying a direct, intentional, and lethal action. The very next verse, [Exodus 21:13](/exodus/21-13 "Exodus 21:13 - Provisions for Accidental Killing"), immediately differentiates this from accidental killing or manslaughter, stating, "And if a man lie not in wait, but God deliver him into his hand; then I will appoint thee a place whither he shall flee." This crucial distinction is further elaborated in later Mosaic laws, which provide for "cities of refuge" where those who unintentionally killed another could find asylum from the avenger of blood, thus avoiding capital punishment ([Numbers 35:22-25](/numbers/35-22-25 "Numbers 35:22-25 - Cities of Refuge for Unintentional Killing") and [Deuteronomy 19:4-6](/deuteronomy/19-4-6 "Deuteronomy 19:4-6 - Law for Accidental Killing")). This demonstrates the nuanced and just nature of God's law, distinguishing between intent and outcome.

### CHRIST-CENTERED FULFILLMENT
While Exodus 21:12 establishes the severe penalty for murder under the Old Covenant, Jesus Christ fulfills and transcends this law by revealing the deeper spiritual dimension of God's demand for justice and the sanctity of life. Jesus not only affirmed the commandment "[You shall not murder](/matthew/5-21 "Matthew 5:21 - Jesus on Anger and Murder")" but expanded its scope to include the anger, hatred, and contempt that reside in the human heart, declaring that "[everyone who is angry with his brother will be liable to judgment](/matthew/5-21-22 "Matthew 5:21-22 - Jesus on Anger and Murder")" ([Matthew 5:21-22](/matthew/5-21-22 "Matthew 5:21-22 - Jesus on Anger and Murder")). This profound teaching demonstrates that true fulfillment goes beyond mere external compliance to address the root causes of violence, dehumanization, and the devaluation of life. Ultimately, Christ's sacrificial death on the cross serves as the ultimate act of divine justice and propitiation, bearing the penalty for all sin, including the spiritual and physical acts of murder, and offering forgiveness and reconciliation to all who believe ([Romans 3:25](/romans/3-25 "Romans 3:25 - Christ Our Propitiation")). Through His atoning sacrifice, the righteous demand for justice is met, and a new covenant is inaugurated where believers are called to love their enemies ([Matthew 5:44](/matthew/5-44 "Matthew 5:44 - Love Your Enemies")), live in peace, and be transformed by the life-giving Spirit, reflecting the very character of God who is love ([1 John 4:8](/1_john/4-8 "1 John 4:8 - God Is Love")) rather than merely adhering to the letter of the law ([2 Corinthians 3:6](/2_corinthians/3-6 "2 Corinthians 3:6 - The Spirit Gives Life")).

Note: Commentary is generated by AI with a directive for Biblical fidelity. Always rely on the Holy Spirit for discernment. The Scripture text and cross-references are from verified, non-AI sources.

Cross-References

Genesis 9:6

Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of God made he man.

Matthew 26:52

Then said Jesus unto him, Put up again thy sword into his place: for all they that take the sword shall perish with the sword.

Leviticus 24:17

And he that killeth any man shall surely be put to death.

Numbers 35:30

Whoso killeth any person, the murderer shall be put to death by the mouth of witnesses: but one witness shall not testify against any person [to cause him] to die.

Numbers 35:31

Moreover ye shall take no satisfaction for the life of a murderer, which [is] guilty of death: but he shall be surely put to death.

2 Samuel 12:13

And David said unto Nathan, I have sinned against the LORD. And Nathan said unto David, The LORD also hath put away thy sin; thou shalt not die.

Deuteronomy 19:11

But if any man hate his neighbour, and lie in wait for him, and rise up against him, and smite him mortally that he die, and fleeth into one of these cities: