*Minor differences ignored. Grouped by changes, with first version listed as example.
He that smiteth a man, so that he die. This passage, as I have said, more clearly explains the details, and first makes a distinction between voluntary and accidental homicide; for, if a stone or an axe (Deuteronomy 19:5.) may have slipped from a man unintentionally, and struck anybody, He would not have it accounted a capital crime. And for this purpose the cities of refuge were given, of which brief mention is here made, and whose rights will be presently more fully spoken of, and where also the mode of distinguishing between design and ignorance will be laid down. But it must be remarked, that Moses declares that accidental homicide, as it is commonly called, does not happen by chance or accident, but according to the will of God, as if He himself led out the person, who is killed, to death. By whatever kind of death, therefore, men are taken away, it is certain that we live or die only at His pleasure; and surely, if not even a sparrow can fall to the ground except by His will, (Matthew 10:29,) it would be very absurd that men created in His image should be abandoned to the blind impulses of fortune. Wherefore it must be concluded, as Scripture elsewhere teaches, that the term of each man's life is appointed, [1] with which another passage corresponds, "Thou turnest man to destruction, and savest, Return, ye children of men." (Psalm 90:3.) It is true, indeed, that whatever has no apparent cause or necessity seems to us to be fortuitous; and thus, whatever, according to nature, might happen otherwise we call accidents, (contingentia;) yet in the meantime it must be remembered, that what might else incline either way is governed by God's secret counsel, so that nothing is done without His arrangement and decree. In this way we do not suppose a fate such as the Stoics invented; for it is a different tiling to say that things which of themselves incline to various and doubtful events, are directed by the hand of God whithersoever He will, and to say that necessity governs them in accordance with the perpetual complication of causes, and that this happens with God's connivance; nay, nothing can be more opposite than that God should be drawn and carried away by a fatal motive power, or that He tempers all things as He sees fit. There is no reason to follow the Jews here in philosophizing more deeply, that none are delivered to death but those in whom God finds cause for it. It is indeed certain, that with God there always exists the best reason for His acts; but it is wrong to elicit from thence that those who by tits guidance meet with death must be guilty of some offense. Nor even if God should take away an innocent man, would it bc lawful to murmur against Him; as if His justice were naught, because it is concealed from us, and indeed incomprehensible.
1 - No reference is here given, but it is probably to Job 14:5, -- "Thou hast appointed his bounds that he cannot pass."
The case of murder of a free man and of a bondman. See Exodus 21:20 note. The law was afterward expressly declared to relate also to foreigners, Leviticus 24:17, Leviticus 24:21-22; compare the marginal references.
He that smiteth a man, so that he die,.... The Targum of Jonathan is, that smites a man or daughter of Israel with the sword; but there is no need to restrain the words either to persons of any certain nation, nor to any instrument with which a person may be smitten as to die: but any human person, man, woman, or child, of whatsoever nation, and they smitten with anything whatever, that issues in their death:
shall surely be put to death; by the order of the civil magistrate, and by the hand of such as shall be appointed by him; for this is the original law of God, Genesis 9:6.
God, who by his providence gives and maintains life, by his law protects it. A wilful murderer shall be taken even from God's altar. But God provided cities of refuge to protect those whose unhappiness it was, and not their fault, to cause the death of another; for such as by accident, when a man is doing a lawful act, without intent of hurt, happens to kill another. Let children hear the sentence of God's word upon the ungrateful and disobedient; and remember that God will certainly requite it, if they have ever cursed their parents, even in their hearts, or have lifted up their hands against them, except they repent, and flee for refuge to the Saviour. And let parents hence learn to be very careful in training up their children, setting them a good example, especially in the government of their passions, and in praying for them; taking heed not to provoke them to wrath. Through poverty the Israelites sometimes sold themselves or their children; magistrates sold some persons for their crimes, and creditors were in some cases allowed to sell their debtors who could not pay. But "man-stealing," the object of which is to force another into slavery, is ranked in the New Testament with the greatest crimes. Care is here taken, that satisfaction be made for hurt done to a person, though death do not follow. The gospel teaches masters to forbear, and to moderate threatenings, Ephesians 6:9, considering with Job, What shall I do, when God riseth up? Job 31:13, Job 31:14.
Still higher than personal liberty, however, is life itself, the right of existence and personality; and the infliction of injury upon this was not only prohibited, but to be followed by punishment corresponding to the crime. The principle of retribution, jus talionis, which is the only one that embodies the idea of justice, lies at the foundation of these threats.
*More commentary available at chapter level.