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Commentary on Exodus 21 verses 12–21
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 (Exo 21:17), if they profaned any name of God in doing it, as the rabbies say. Note, The undutiful behaviour of children towards their parents is a very great provocation to God our common Father; and, if men do not punish it, he will. Those are perfectly lost to all virtue, and abandoned to all wickedness, that have broken through the bonds of filial reverence and duty to such a degree as in word or action to abuse their own parents. What yoke will those bear that have shaken off this? Let children take heed of entertaining in their minds any such thought or passions towards their parents as savour of undutifulness and contempt; for the righteous God searches the heart.
III. Here is a law against man-stealing (Exo 21:16): He that steals a man (that is, a person, man, woman, or child), with design to sell him to the Gentiles (for no Israelite would buy him), was adjudged to death by this statute, which is ratified by the apostle (Ti1 1:10), where men-stealers are reckoned among those wicked ones against whom laws must be made by Christian princes.
IV. Care is here taken that satisfaction be made for hurt done to a person, though death do not ensue, Exo 21:18, Exo 21:19. He that did the hurt must be accountable for damages, and pay, not only for the cure, but for the loss of time, to which the Jews add that he must likewise give some recompence both for the pain and for the blemish, if there were any.
V. Direction is given what should be done if a servant died by his master's correction. This servant must not be an Israelite, but a Gentile slave, as the negroes to our planters; and it is supposed that he smite him with a rod, and not with any thing that was likely to give a mortal wound; yet, if he died under his hand, he should be punished for his cruelty, at the discretion of the judges, upon consideration of circumstances, Exo 21:20. But, if he continued a day or two after the correction given, the master was supposed to suffer enough by losing his servant, Exo 21:21. Our law makes the death of a servant, by his master's reasonable beating of him, but chance-medley. Yet let all masters take heed of tyrannizing over their servants; the gospel teaches them even to forbear and moderate threatenings (Eph 6:9), considering with holy Job, What shall I do, when God riseth up? Job 31:13-15.
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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
EXPOSITION AND ANALYSIS
Key Word Analysis
Verse Breakdown
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.
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). 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
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). 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, 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 and Deuteronomy 19:4-6). 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" 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). 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). 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), live in peace, and be transformed by the life-giving Spirit, reflecting the very character of God who is love (1 John 4:8) rather than merely adhering to the letter of the law (2 Corinthians 3:6).