Numbers 35:17

KJV

And if he smite him with throwing a stone, wherewith he may die, and he die, he [is] a murderer: the murderer shall surely be put to death.

KJV (with Strong's)

And if he smite {H5221} him with throwing {H3027} a stone {H68}, wherewith he may die {H4191}, and he die {H4191}, he is a murderer {H7523}: the murderer {H7523} shall surely {H4191} be put to death {H4191}.

Complete Jewish Bible

Or if he hits him with a stone in his hand big enough to kill someone, and he dies, he is a murderer; the murderer must be put to death.

Berean Standard Bible

Or if anyone has in his hand a stone of deadly size, and he strikes and kills another, he is a murderer; the murderer must surely be put to death.

American Standard Version

And if he smote him with a stone in the hand, whereby a man may die, and he died, he is a murderer: the murderer shall surely be put to death.

Commentary

### SUMMARY
Numbers 35:17 serves as a foundational statute within the Mosaic Law, precisely defining an act of intentional homicide as murder. It stipulates that if an individual strikes another with a stone, resulting in death, the perpetrator is unequivocally deemed a murderer. This verse then prescribes the mandatory penalty for such a heinous act: the murderer "shall surely be put to death," thereby underscoring the absolute certainty and severity of divine justice for the deliberate taking of human life. This law was crucial for distinguishing premeditated murder from accidental manslaughter, upholding the sanctity of life, and ensuring the ritual purity of the land in ancient Israel.

### CONTEXT
* **Literary Context:** Numbers chapter 35 is a pivotal section of the Pentateuch, detailing the allocation of cities for the Levites and, most significantly, establishing the institution of the Cities of Refuge. These cities were divinely ordained as havens for those who had unintentionally caused another's death, offering protection from the "avenger of blood" until a fair trial could ascertain their guilt or innocence. Verses 16-21, which include Numbers 35:17, are critical for drawing a sharp legal distinction between accidental death and deliberate murder. This specific passage enumerates various means—such as striking with an iron instrument, a stone, or a hand weapon of wood—that, if resulting in death, automatically classify the act as murder, thereby precluding the perpetrator from seeking asylum in a City of Refuge. The subsequent verses, [Numbers 35:22-28](/numbers/35-22-28 "Numbers 35:22-28 - Regulations for Unintentional Manslaughter"), further elaborate on the procedures for those who commit unintentional killing, accentuating the stark contrast with intentional murder.
* **Historical & Cultural Context:** In the ancient Near East, including early Israel, the practice of blood vengeance (Hebrew: *goel haddam*, "redeemer of blood" or "avenger of blood") was a prevalent custom, allowing a victim's closest male relative to pursue and execute the killer. The Mosaic Law, however, introduced a revolutionary legal framework that regulated and humanized this system. By establishing the Cities of Refuge and strict judicial procedures, the law aimed to prevent indiscriminate retaliatory killings while ensuring that intentional murder was met with divinely ordained capital punishment. The specific mention of a "stone" as a lethal weapon reflects the common tools and methods of conflict in an agrarian and nomadic society, where such items were readily available and could be lethally employed. The overarching theological principle underpinning these laws was the prevention of the defilement of the land through innocent bloodshed, as explicitly stated in [Numbers 35:33](/numbers/35-33 "Numbers 35:33 - Defilement of the Land by Bloodshed"), which mandated atonement through the shedding of the murderer's blood.
* **Key Themes:** Numbers 35:17 contributes significantly to several foundational themes within the book of Numbers and the broader Pentateuch. Foremost among these is the **Sanctity of Human Life**, a principle deeply rooted in the biblical truth that humanity is created in God's image ([Genesis 1:26-27](/genesis/1-26-27 "Genesis 1:26-27 - Humanity Created in God's Image")). The intentional taking of a human life is thus a direct affront to God's creative act and demands the severest penalty, echoing God's earlier command to Noah in [Genesis 9:6](/genesis/9-6 "Genesis 9:6 - Capital Punishment for Murder"). Another crucial theme is **Divine Justice and Accountability**, wherein God's righteous character necessitates that grievous sin, particularly murder, be met with clear and uncompromising consequences. This ensures the maintenance of order within the community and the purity of the land before God. The verse also underscores the vital **Distinction between Murder and Manslaughter**, a legal innovation that refined ancient justice systems by introducing the critical concept of intent. Finally, it strongly affirms the principle of **Capital Punishment** for premeditated murder, a consistent feature of the Mosaic Law as a just consequence for the ultimate violation of human life.

### EXPOSITION AND ANALYSIS

#### Key Word Analysis
* **Smite (Hebrew, נָכָה, _nâkâh'_):** This verb is a broad term denoting "to strike, hit, beat, wound, or kill." Its precise meaning is context-dependent. Here, the accompanying phrase "wherewith he may die, and he die" clarifies that the striking is not merely a blow but one inflicted with lethal force or intent, and which indeed results in fatality. This emphasizes the deadly nature of the action and the resulting death as a direct consequence of the blow.
* **Throwing (Hebrew, יָד, _yâd'_):** While _yâd_ primarily means "hand," in this context, the phrase "with throwing a stone" (literally "with a hand-stone") uses it idiomatically to denote the act of throwing or casting with the hand, specifically a stone. This highlights the active and deliberate nature of the perpetrator's action, distinguishing it from an accidental fall or an object merely being dropped. The emphasis is on the intentional propulsion of the lethal object.
* **Murderer (Hebrew, רָצַח, _râtsach'_):** This is a highly significant and specific term. Unlike other Hebrew verbs for killing (e.g., _harag_ for general killing), _râtsach_ specifically denotes unlawful, intentional, or premeditated killing, often with malice aforethought. It is the verb famously used in the Sixth Commandment, "You shall not murder" ([Exodus 20:13](/exodus/20-13 "Exodus 20:13 - The Sixth Commandment")). Its use here immediately categorizes the act as a capital offense, distinguishing it definitively from accidental death or killing in warfare.
* **Shall surely be put to death (Hebrew, מוּת, _mûwth'_):** This phrase employs an emphatic Hebrew idiom known as the infinitive absolute before the finite verb (מוֹת יוּמַת, _mot yumat_). It literally translates to "dying he shall die" or "he shall certainly die." This construction conveys absolute certainty, inevitability, and severity. There is no possibility of reprieve, substitution, or a lesser punishment; the death penalty is mandatory and unavoidable for the identified murderer.

#### Verse Breakdown
* **"And if he smite him with throwing a stone, wherewith he may die, and he die,"**: This initial clause establishes the precise conditions for the crime. It specifies both the *means* ("throwing a stone") and the *outcome* ("wherewith he may die, and he die"). The act of "throwing a stone" indicates a deliberate, forceful action rather than an accidental event. The subsequent phrase, "wherewith he may die, and he die," directly links the action to the fatal outcome, implying that the stone was thrown with sufficient force or in a manner capable of causing death, and that death indeed resulted. This causal connection and the lethal potential of the weapon are crucial for the legal determination that follows.
* **"he [is] a murderer:"**: This declarative statement serves as the legal verdict. Once the conditions outlined in the preceding clause are met—a lethal strike with a stone resulting in death—the perpetrator is definitively classified as a "murderer" (_râtsach_). This is not merely a description but a legal pronouncement, identifying the individual as one who has committed a capital crime, thereby distinguishing them from someone who committed unintentional manslaughter and excluding them from the protection of the Cities of Refuge.
* **"the murderer shall surely be put to death."**: This final clause states the mandatory and unequivocal consequence of the verdict. The use of the emphatic "shall surely be put to death" (Hebrew: _mot yumat_) leaves no room for doubt, negotiation, or alternative punishments. It underscores the divine imperative for justice in response to intentional bloodshed, ensuring that the sanctity of human life is upheld through the ultimate penalty for its deliberate violation. This certainty reflects the gravity of the crime in God's eyes.

#### Literary Devices
Numbers 35:17 employs several literary devices characteristic of biblical law. It is a prime example of **Casuistic Law**, which is structured in an "if...then" format, outlining specific cases and their corresponding legal consequences. The verse clearly states the condition ("if he smite him with throwing a stone... and he die") and the resulting judgment and penalty ("he is a murderer: the murderer shall surely be put to death"). The explicit mention of "a stone" as the weapon provides **Specificity** within the broader legal code, making the application of the law clear and unambiguous for common scenarios in ancient Israel. Furthermore, the emphatic Hebrew construction "shall surely be put to death" (מוֹת יוּמַת, _mot yumat_) functions as a powerful device of **Emphasis** and **Certainty**, leaving no doubt about the severity and inevitability of the prescribed punishment. This legalistic precision and directness reflect the divine authority behind the law and its uncompromising demand for justice.

### THEOLOGICAL AND THEMATIC CONNECTIONS
Numbers 35:17 powerfully articulates God's unwavering commitment to justice and the profound sanctity of human life. This specific statute, while addressing a physical act, reflects a deeper theological truth: life is a sacred gift from God, and its intentional termination is an act of rebellion against the Creator. The demand for capital punishment for murder is not merely a societal regulation but a divine imperative, rooted in the *Imago Dei*—humanity being made in God's image. This law ensures that the land is not defiled by innocent blood and that the scales of justice are balanced according to divine standards, reflecting God's own righteous character. It underscores that God is a God of order, who holds individuals accountable for their actions, especially those that violate the most fundamental right to life.

* [Genesis 9:6](/genesis/9-6 "Capital Punishment for Murder")
* [Exodus 21:12-14](/exodus/21-12-14 "Laws concerning Murder and Manslaughter")
* [Deuteronomy 19:11-13](/deuteronomy/19-11-13 "Punishment for Premeditated Murder")

### REFLECTION AND APPLICATION
While the specific legal codes of ancient Israel are not directly applied in modern judicial systems, the profound moral and theological principles embedded in Numbers 35:17 remain eternally relevant. This verse compels us to reflect on the immense value God places on every human life, reminding us that each individual bears the image of their Creator. It challenges us to confront the gravity of violence and the destructive nature of hatred, which Jesus equates with murder in the heart ([Matthew 5:21-22](/matthew/5-21-22 "Matthew 5:21-22 - Jesus on Anger and Murder")). For believers, this passage calls for a deep reverence for all life, a commitment to justice, and a recognition that true accountability extends beyond human legal systems to God's ultimate judgment. It also prompts us to consider how we, as individuals and communities, contribute to a culture that either upholds or diminishes the intrinsic value of human life, from conception to natural death.

#### Questions for Reflection
* **How does Numbers 35:17 deepen your understanding of the sanctity of human life from a biblical perspective?**
* **In what ways does this verse challenge modern perspectives on justice, intent, and accountability for violent acts?**
* **Beyond physical violence, how might the principles of this verse apply to actions or attitudes that diminish the value or well-being of others in our communities?**
* **Considering the emphasis on divine justice, how should believers respond to instances of injustice in the world today?**

### FAQ

**Why is a "stone" specifically mentioned as a weapon in this verse?**

Answer: The mention of a "stone" is significant because it was a common, readily available object in ancient Israelite society. Unlike a specialized weapon, a stone could be picked up anywhere. Its inclusion here, alongside an "iron instrument" and a "hand weapon of wood" in the surrounding verses ([Numbers 35:16-18](/numbers/35-16-18 "Numbers 35:16-18 - Examples of Murderous Acts")), emphasizes that the *means* of killing, if clearly lethal and resulting in death, defines the act as murder. The text isn't concerned with the rarity of the weapon but its potential for causing death and the intent inferred from its use in a fatal manner. This specificity helped to remove ambiguity in legal determinations, ensuring that even common objects, when used with deadly intent, resulted in the charge of murder.

**How does this law relate to the Cities of Refuge established in Numbers 35?**

Answer: Numbers 35:17 is crucial for understanding the purpose and limitations of the Cities of Refuge. These cities were designed to provide asylum for those who committed *unintentional* manslaughter, protecting them from the "avenger of blood" until a fair trial could be held. Numbers 35:17, by contrast, defines a specific act of *intentional* killing as murder. This means that if a person struck another with a stone and death resulted, they were unequivocally a murderer and thus *not* eligible for refuge in these cities. This verse, along with others in the section ([Numbers 35:16-21](/numbers/35-16-21 "Numbers 35:16-21 - Acts that Constitute Murder")), served to clearly distinguish between murder and manslaughter, ensuring that true murderers faced the prescribed capital punishment and could not escape justice under the guise of an accident.

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

Answer: Numbers 35:17 clearly mandates capital punishment for intentional murder within the context of the Mosaic Law. Theologically, it establishes the principle that God views the deliberate taking of human life as an act so grievous that it demands the severest penalty, reflecting the sanctity of life and God's righteous justice. While the specific civil laws of ancient Israel are not directly binding on modern states, the underlying moral principle that murder is a uniquely heinous crime demanding serious consequences remains. Debates about capital punishment in contemporary society involve complex ethical, legal, and theological considerations that extend beyond this single verse, but the verse unequivocally demonstrates God's abhorrence of murder and His demand for justice for the shedding of innocent blood ([Genesis 9:6](/genesis/9-6 "Genesis 9:6 - Capital Punishment after the Flood")).

### CHRIST-CENTERED FULFILLMENT
Numbers 35:17, with its stark declaration that "the murderer shall surely be put to death," powerfully highlights God's unwavering justice and the absolute sanctity of human life. In Christ, we witness the ultimate fulfillment and profound reinterpretation of this divine standard. Jesus did not abolish the law but fulfilled it, intensifying its demands to the level of the heart, declaring that anger and hatred are tantamount to murder in God's eyes ([Matthew 5:21-22](/matthew/5-21-22 "Matthew 5:21-22 - Jesus on Anger and Murder")). Furthermore, the very justice demanded by this verse finds its ultimate satisfaction in the person of Christ. As the innocent Lamb of God, Jesus, though without sin, was "smitten" and put to death, bearing the penalty for humanity's sin—which encompasses the sin of murder and all forms of unrighteousness ([Isaiah 53:5](/isaiah/53-5 "Isaiah 53:5 - Christ's Suffering for Our Sins")). His shed blood, unlike the blood of a murderer that defiled the land, cleanses and atones, providing the ultimate covering for sin and reconciling humanity to a holy God ([Hebrews 9:22](/hebrews/9-22 "Hebrews 9:22 - Without the Shedding of Blood There Is No Forgiveness")). Thus, Christ becomes the true "City of Refuge" for all who flee to Him in faith, offering not just temporary asylum but eternal forgiveness and life for those who were spiritually dead in their trespasses and sins ([Hebrews 6:18](/hebrews/6-18 "Hebrews 6:18 - Hope in Christ, Our Refuge"); [Ephesians 2:1-5](/ephesians/2-1-5 "Ephesians 2:1-5 - Dead in Sins, Made Alive in Christ")).

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

Exodus 21:18

And if men strive together, and one smite another with a stone, or with [his] fist, and he die not, but keepeth [his] bed: