Exodus 21:12

“He that smiteth a man, so that he die, etc.] 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, (<010906>Genesis 9:6).”

“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. return to 'Top of Page'”

“21:12-17 The crimes of murder, kidnapping, and dishonoring one’s parents warranted the death penalty. A murderer forfeits his own life, and human life is so precious that even an accidental death cannot be overlooked. The place of refuge (see Num 35:6-28) was a place where an accidental killer could go so that the family of the deceased could not take vengeance (see study notes on Num 35:6-34).”

“Exo 20:13; Gen 9:6; Lev 24:17; Num 35:16-24, Num 35:30, Num 35:31; Deu 19:11-13; Sa2 12:13; Mat 26:52 Exodus 21:13”

“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. Exo 21:12-13 A death-blow was to be punished with death (cf. Gen 9:6; Lev 24:17). "He that smiteth a man and (so that) he die (whether on the spot or directly afterwards did not matter), he shall be put to death." This general rule is still further defined by a distinction being drawn between accidental and intentional killing.…”