And he that killeth any man. We now proceed to the confirmation of the Sixth Commandment afforded by the Judicial Law; and first, the punishment of death is awarded to murderers. To "smite the life" [1] is equivalent to wounding mortally, so that death ensues, as Moses more clearly explains himself in Exodus. But although he speaks briefly, like a legislator, there is no doubt but that he would have those whom he adjudges to die put to death by the sentence of the judges; the manner of executing the punishment we shall see in its proper place. Now although God did not carry out to absolute perfection the laws which He enacted, yet in their principle He desired that a clear and unreserved approval of His Commandments should appear. And this was the reason why I commenced with this passage, because it directly corresponds with the Sixth Commandment.

Footnotes

1 - See margin of A. V.

He that killeth any man - Blasphemy against God, i. e., speaking injuriously of his name, his attributes, his government, and his revelation, together with murder, is to be punished with death: he that blasphemes God is a curse in society, and he who takes away, wilfully and by malicious intent, the life of any man, should certainly be put to death. In this respect God has absolutely required that life shall go for life.

And he that killeth any man shall surely be put to death. With the sword, as the Targum of Jonathan adds; which restrains it to any man of the children of Israel, but wrongly; for the original law respects any man whatever, Genesis 9:6; and so it does here; See Gill on Exodus 21:12.

he that killeth any man shall surely be put to death--These verses contain a repetition of some other laws, relating to offenses of a social nature, the penalties for which were to be inflicted, not by the hand of private parties, but through the medium of the judges before whom the cause was brought.

The decision asked for from God concerning the crime of the blasphemer, who was the son of an Egyptian, and therefore not a member of the congregation of Jehovah, furnished the occasion for God to repeat those laws respecting murder or personal injury inflicted upon a man, which had hitherto been given for the Israelites alone (Exodus 21:12.), and to proclaim their validity in the case of the foreigner also (Leviticus 24:17, Leviticus 24:21, Leviticus 24:22). To these there are appended the kindred commandments concerning the killing of cattle (Leviticus 24:18, Leviticus 24:21, Leviticus 24:22), which had not been given, it is true, expressis verbis, but were contained implicite in the rights of Israel (Exodus 21:33.), and are also extended to foreigners. אדם נפשׁ הכּה, to smite the soul of a man, i.e., to put him to death; - the expression "soul of a beast," in Leviticus 24:18, is to be understood in the same sense.

He that killeth - This law is repeated here, to prevent the mischievous effects of men's striving together, which as here it caused blasphemy, so it might in others lead to murder.