Exodus 21:13

And if a man lie not in wait,.... For the life of another to take it away; or does not do it willingly, as the Septuagint version, does not seek after it, nor design it: but God delivers him into his

He that smiteth a man, so that he die, shall be surely put to death. He that smiteth a man so that he die, shall be surely put to death.

If it appear that the manslayer did not intend nor desire it, but only it fell out by his heedlessness, or by some casualty, or by some unexpected providence; or, God, and not man, God without the man’ s contrivance or design; for otherwise, in a general sense and way, God delivered Christ into the hands of Judas and the Jews, who did advisedly and maliciously kill him. A place whither he shall flee, i.e. a city or place of refuge, .

Exodus 21:13 And if a man lie not in wait, but God deliver [him] into his hand; then I will appoint thee a place whither he shall flee.Ver. 13. But God deliver him.] Who is the Lord of our lives, and to whom we have frequently forfeited them; so that it is his mercy that we are not consumed; that we are not cut off from the land of the living.

(13) If a man lie not in wait, but God deliver him into his hand.—If, that is, without malice aforethought, a man happen upon his enemy, God’s providence bringing the two into contact without man’s contrivance, and the result is that one slay the other, then the law of the refuge or asylum shall come in. A place is to be provided whither the man-slayer may flee, and where he may be safe, at any rate until the cause is inquired into. Hitherto, throughout the East, it had been regarded as the duty of the next of kin to avenge homicide of whatever kind, and blood had been exacted for blood, however sudden, however provoked, however excusable had been the homicide. No right of asylum, so far as we know, had ever been established before. The Sinaitic legislation for the first time interposed the “city of refuge,” between the “avenger of blood” and his victim. It was for the elders of the city to see that the privilege was not abused. Where the case was doubtful, the man-slayer had to be remitted for trial to the elders of his own town (Numbers 35:22-25); where the elders considered his claim made out, he was entitled to protection.

Verse 13. I will appoint thee a place whither he shall flee.] From the earliest times the nearest akin had a right to revenge the murder of his relation, and as this right was universally acknowledged, no law was ever made on the subject; but as this might be abused, and a person who had killed another accidentally, having had no previous malice against him, might be put to death by the avenger of blood, as the nearest kinsman was termed, therefore God provided the cities of refuge to which the accidental manslayer might flee till the affair was inquired into, and settled by the civil magistrate.

13. Manslaughter, and the right of asylum. The distinction, not found in Homer, but thus early drawn among the Hebrews, between intentional and unintentional homicide is noteworthy: it is insisted on in all the codes (Deuteronomy 19:1-13; Numbers 35:9-34 P). lie … in wait] 1 Samuel 24:11 (RVm.)†: cf. the derivative, ‘with lying in wait’ (i.e. with malicious intent), in P’s law of homicide, Numbers 35:20; Numbers 35:22 (‘without’)†. In Dt. and D2[187] the idea of ‘unintentional’ is expressed by unawares (lit. without knowledge), Deuteronomy 4:42; Deuteronomy 19:4, Joshua 20:3; Joshua 20:5; P says unwittingly (lit. in error), Numbers 35:11; Numbers 35:15, Joshua 20:3; Joshua 20:9. [187] Deuteronomic passages in Josh., Jud., Kings.deliver] in the Heb. a rare word, meaning properly, as Arabic shews, bring opportunely (cf. the derivative opportunity, Judges 14:4). The meaning of the clause is (as we should express it), if he kills him accidentally. Cf. Ḥ ?amm. § 249 ‘if God have struck it (a hired ox), and it die,’ 266 ‘a stroke of God’ (killing a sheep), below, p. 423. a place whither he shall flee] i.e. an asylum where he may be safe from the avenger of blood. V. 14, which speaks of the fugitive as having taken refuge at an altar, shews that the place meant can only be the sacred place at which the altar stood. In the later legislation of Dt. (Deuteronomy 19:1-13) fixed cities are appointed for the purpose and regulations for their use are laid down. The technical term, ‘cities of refuge,’ first occurs in P (Numbers 35:6; Numbers 35:11 ff.). In ancient times ‘the right of asylum was possessed by different sanctuaries in various degrees, depending on prescription, the holiness of the place, and other circumstances; it sometimes extended to an entire city, or even to a mark beyond its walls.… In the Greek period, and later (under Roman rule), many Hellenistic cities in Syria enjoyed the privileges of asylums, the title ἄ ?óõëïò appearing on their coins’ (Moore, in EB. Asylum). Cf. Rel. Sem. 148. Moslems, adhering to the tradition of heathen times, treat tombs, esp. those of ancestors, notabilities, and saints, as asylums.

There was no place of safety for the guilty murderer, not even the altar of Yahweh. Thus all superstitious notions connected with the right of sanctuary were excluded.

13. Lie not in wait — That is, intending to take life, and planning, like a hunter, to insure the death of his victim.