Exodus 21:12

With a will. The Hebrew and Septuagint do not express this, but the context shews it to be necessary. — Death, by the sword, as people soliciting idolatry to others were also. Eighteen crimes were punished with lapidation, ten with fire, or melting lead poured down their throats, and six with strangling. The royal tribunals always commanded the criminal’s head to be struck off. (Calmet) — When the punishment is not defined, stoning must be understood; (Rabbins and Selden, Syned ii. 13.) at least when it is said, his blood be upon him. But when it is only determined that he shall die, Grotius understands he must be strangled, with towels put round the malefactor’s neck, while he stands up to the knees in a dunghill; (Drusius) as he does also when he is to be killed with melted lead. Murder was punished by the ancient Greeks with exile. (Plato, &c.) “At that time it was deemed unlawful to inflict a capital punishment upon any, who, however criminal, were still men.” (Lartant 2.) But as these crimes became more frequent, God enacts this law of retaliation, blood for blood, Genesis ix. 6. Ten paces from the place of execution, the criminal Hebrew had to confess his sin. (Maimonides) (Calmet)

Here is, I. A law concerning murder. He had lately said, Thou shalt not kill; here he provides, 1. For the punishing of wilful murder (v. 12): He that smiteth a man, whether upon a sudden passion or in malice prepense, so that he die, the government must take care that the murderer be put to death, according to that ancient law (Gen 9 6), Whoso sheddeth man's blood, by man shall his blood be shed. God, who by his providence gives and maintains life, thus by his law protects it; so that mercy shown to a wilful murderer is real cruelty to all mankind besides: such a one, God here says, shall be taken even from his altar (v. 14), to which he might flee for protection; and, if God will not shelter him, let him flee to the pit, and let no man stay him. 2. For the relief of such as killed by accident, per infortunium—by misfortune, or chance-medley, as our law expresses it, when a man, in doing a lawful act, without intent of hurt to any, happens to kill another, or, as it is here described, God delivers him into his hand; for nothing comes to pass by chance; what seems to us purely casual is ordered by the divine Providence, for wise and holy ends secret to us. In this case God provided cities of refuge for the protection of those whose infelicity it was, but not their fault, to occasion the death of another, v. 13. With us, who know no avengers of blood but the magistrates, the law itself is a sufficient sanctuary for those whose minds are innocent, though their hands are guilty, and there needs no other.

Verses 12-21 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 ) .