Whoso killeth any person, He now returns to willful murderers, whom he will not have spared, but yet not given over to punishment unless convicted by legal proofs. Literally it is, Whoso smiteth a soul, at the mouth of witnesses he shall slay him that slayeth: and this sentence is obscure, from its brevity, unless a noun be supplied before the second verb; and this may be understood either of the judges or the accuser. In the substance, however, there is no ambiguity, viz., that no one should be condemned unless he be lawfully convicted. Moreover, He declares that one witness would be insufficient, inasmuch as it would be most unjust that a man's life should be at the mercy of a single tongue. I have already adduced a similar passage, [1] in which Moses gave instructions that no capital causes was to be decided except at the mouth of two or three witnesses: and, because such declarations are of general application, I have purposely assigned to them a separate place. Now again, in referring to the condemnation of murderers, he takes occasion to state that two witnesses are required, since nothing is more likely to occur than that the innocent should be overwhelmed by calumnies and perjury, if it depended on the testimony of any single individual. But, when two are brought forward, it may be discovered in many ways, as has been said, whether there is any falsehood; for, if examined separately, they will scarcely accord in all particulars. But, whilst sure proof is required, in order to the punishment of guilt, so, when the murder is proved, God sternly requires, and commands that it should not remain unpunished. He expressly forbids that the right of refuge should be purchasable, since it would else have been in danger of being a shield for many crimes. When, therefore, He forbids a satisfaction to be taken from any one, who would betake himself to a city of refuge, His object is, that no one should enjoy this benefit, until his innocence was fully established; lest the mercy, whereby the innocent were succored, should be open to bribery.

Footnotes

1 - Deuteronomy 17:6. See ante, [9]p. 45.

By the mouth of witnesses - i. e. two witnesses, at the least (compare the marginal references). The provisions of this and the following verses protect the enactments of this chapter from abuse. The cities of refuge were not intended to exempt a criminal from deserved punishment.

But one witness shall not testify against any - This was a just and necessary provision. One may be mistaken, or so violently prejudiced as to impose even on his own judgment, or so wicked as to endeavor through malice to compass the life of his neighbor: but it is not likely that two or more should be of this kind; and even were they, their separate examination would lead to a discovery of the truth, and to their conviction.

Whoso killeth any person,.... Willingly, and through enmity and malice:
the murderer shall be put to death by the mouth of two witnesses; which is repeated partly to show, that this law concerning the cities of refuge was not designed to screen a murderer, who was guilty through malice prepense; and partly for the sake of what is added to it, that two witnesses are required in such a case, where a man's life is at stake, to prove the fact against him; which shows how careful the Lord is, and men should be, of the lives of his creatures, that no man suffer wrongfully; which is repeated again and again, that it might be observed, see Deuteronomy 17:6 but one witness shall not testify against any person, to cause him to die; which looks as if in other cases, in pecuniary matters, and the like, where life is not concerned, one witness may be sufficient; though it is always best and safest to have more if they can be had, that at the mouth of two or three witnesses everything may be established, Deuteronomy 19:15.