He that despised, etc. This is an argument from the less to the greater; for if it was a capital offense to violate the law of Moses, how much heavier punishment does the rejection of the gospel deserve, a sin which involves so many and so heinous impieties! This reasoning was indeed most fitted to impress the Jews; for so severe a punishment on apostates under the Law was neither new to them, nor could it appear unjustly rigorous. They ought then to have acknowledged that vengeance just, however severe, by which God now sanctions the majesty of his Gospel [1] Hereby is also confirmed what I have already said, that the Apostle speaks not of particular sins, but of the entire denial of Christ; for the Law did not punish all kinds of transgressions with death, but apostasy, that is, when any one wholly renounced religion; for the Apostle referred to a passage in Deuteronomy 17:2-7, [2] where we find, that if any one violated God's covenant by worshipping foreign gods, he was to be brought outside of the gate and stoned to death. Now, though the Law proceeded from God, and Moses was not its author, but its minister, yet the Apostle calls it the law of Moses, because it had been given through him: this was said in order to amplify the more the dignity of the Gospel, which has been delivered to us by the Son of God. Under two or three witnesses, etc. This bears not on the present subject; but it was a part of the civil law of Moses that two or three witnesses were required to prove the accused guilty. However, we hence learn what sort of crime the Apostle meant; for had not this been added, an opening would have been left for many false conjectures. But now it is beyond all dispute that he speaks of apostasy. At the same time that equity ought to be observed which almost all statesmen have adopted, that no one is to be condemned without being proved guilty by the testimony of two witnesses. [3]

Footnotes

1 - "Despised" of our version ought to have been "rejected," as Calvin renders the word, for the renouncing of the Law is what is meant. Followed by "commandment" in Mark 7:9, it is rendered "reject," and "cast off" when followed by "faith" in 1-Timothy 5:12; and "cast off" would be very suitable here. -- Ed.

2 - Both Doddridge and Stuart refer to Numbers 15:30, 31, but incorrectly, as there the specific sin of apostasy is not mentioned, nor is there mention made of witnesses. Besides, it is not the presumptuous or willful sin there referred to, that is here intended, but the sin of apostasy, when it is the result of a free choice, without any outward constraining power as under violent persecution. -- Ed.

3 - "Neither the king nor the Senate," says Grotius, "had the power to pardon." It is to be observed that God delegated the power to execute apostates to the rulers of Israel: but we find here that he has under the Gospel resumed that power and holds it in his own hands; the execution of the vengeance belongs alone to him, and the punishment will be everlasting perdition. Then to assume such a power now is a most impious presumption, whether done by civil or ecclesiastical rulers. To put apostates or heretics to death, receives no sanction from the Gospel, and is wholly alien to its spirit. -- Ed.

He that despised Moses' law - That is, the apostate from the religion of Moses. It does not mean that in all cases the offender against the Law of Moses died without mercy, but only where offences were punishable with death, and probably the apostle had in his eye particularly the case of apostasy from the Jewish religion. The subject of apostasy from the Christian religion is particularly under discussion here, and it was natural to illustrate this by a reference to a similar case under the Law of Moses. The Law in regard to apostates from the Jewish religion was positive. There was no reprieve; Deuteronomy 13:6-10.
Died without mercy - That is, there was no provision for pardon.
Under two or three witnesses - It was the settled law among the Hebrews that in all cases involving capital punishment, two or three witnesses should be necessary. That is, no one was to be executed unless two persons certainly bore testimony, and it was regarded as important, if possible, that three witnesses should concur in the statement. The object was the security of the accused person if innocent. The "principle" in the Law was, that it was to be presumed that two or three persons would be much less likely to conspire to render a false testimony than one would be, and that two or three would not be likely to be deceived in regard to a fact which they had observed.

He that despised Moses' law - Αθετησας· He that rejected it, threw it aside, and denied its Divine authority by presumptuous sinning, died without mercy - without any extenuation or mitigation of punishment; Numbers 15:30.
Under two or three witnesses - That is, when convicted by the testimony of two or three respectable witnesses. See Deuteronomy 17:6.

(9) He that despised Moses' law died without mercy under two or three witnesses:
(9) If the breach of the law of Moses was punished by death, how much more worthy of death is it to fall away from Christ?

He that despised Moses' law,.... By breaking it wilfully, and presumptuously, for which there was no sacrifice; meaning the law which Moses was the minister of not the author; and it respects the whole body of laws given by him, from God; and is instanced in for the sake of the comparison between him and Christ, and between the law and the Gospel, and for the illustration of the case in hand. Now one that transgressed that law, either in whole, or in part, by denying it entirely, or by breaking any particular precept of it presumptuously,
died without mercy; a corporeal death; there was no atonement nor sacrifice for him, nor pity to be shown him, Deuteronomy 13:8.
Under two or three witnesses; who "stood by", or were present, as the Arabic version renders it, when the transgression was committed; or that "accused him", as the Ethiopic version; that were witnesses against him, and plainly and fully proved the fact, Deuteronomy 17:6.

Compare Hebrews 2:2-3; Hebrews 12:25.
despised--"set at naught" [ALFORD]: utterly and heinously violated, not merely some minor detail, but the whole law and covenant; for example, by idolatry (Deuteronomy 17:2-7). So here apostasy answers to such an utter violation of the old covenant.
died--Greek, "dies": the normal punishment of such transgression, then still in force.
without mercy--literally, "mercies": removal out of the pale of mitigation, or a respite of his doom.
under--on the evidence of.

He that, in capital cases, despised (presumptuously transgressed) the law of Moses died without mercy - Without any delay or mitigation of his punishment.