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Exodus 21:12 - Murder demands capital punishment?

Exodus 21:12 - שמות 21:12

Hebrew Text

מַכֵּה אִישׁ וָמֵת מוֹת יוּמָת׃

English Translation

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

Transliteration

Makeh ish vamet mot yumat.

Hebrew Leining Text

מַכֵּ֥ה אִ֛ישׁ וָמֵ֖ת מ֥וֹת יוּמָֽת׃
מַכֵּ֥ה אִ֛ישׁ וָמֵ֖ת מ֥וֹת יוּמָֽת׃

🎵 Listen to leining

Parasha Commentary

Source and Context

The verse "מַכֵּה אִישׁ וָמֵת מוֹת יוּמָת" (Shemot 21:12) appears in Parashat Mishpatim, which outlines civil and criminal laws following the revelation at Har Sinai. This verse establishes the fundamental principle of capital punishment for intentional murder in Jewish law.

Literal Interpretation (Peshat)

Rashi explains the straightforward meaning: "One who strikes another with lethal intent, resulting in death, is subject to the death penalty." The Torah uses the term "מוֹת יוּמָת" (literally "death, he shall be put to death") to emphasize the severity of the crime and the inevitability of punishment.

Legal Requirements (Halachah)

The Rambam (Hilchot Rotzeach 1:1-4) elaborates on the conditions for implementing this law:

  • The act must be intentional (במזיד) with clear warning (התראה) given to the perpetrator.
  • The death must result directly from the assault (גרמא is insufficient).
  • The court must follow rigorous evidentiary standards requiring two valid witnesses (עדים כשרים).

Philosophical Dimensions

The Sefer HaChinuch (Mitzvah 34) explains that this law teaches the infinite value of human life, created בצלם אלקים (in God's image). Taking a life unjustly violates the divine sanctity imbued in every person.

Restrictive Application

The Talmud (Makkot 7a) notes that a Sanhedrin that executed one person in seven years was called "destructive." This reflects the Torah's preference for preserving life and the high threshold for capital punishment in practice.

Comparative Analysis

Ibn Ezra contrasts this law with accidental killing (discussed in the next verse), highlighting the Torah's distinction between premeditated murder (רצח) and manslaughter (שגגה), with radically different legal consequences.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Sanhedrin 52b
The verse is cited in the context of discussing the laws of capital punishment, specifically the conditions under which one is liable for the death penalty for killing another person.
📖 Makkot 7a
The verse is referenced in a discussion about the severity of murder and the legal consequences as prescribed by the Torah.

Frequently Asked Questions

Q: What does Exodus 21:12 mean?
A: Exodus 21:12 states the Torah's law that someone who intentionally kills another person must be put to death. This verse establishes the fundamental Jewish principle of the sanctity of human life and the severe consequence for murder. Rashi explains that this applies to intentional killing with premeditation (mezid).
Q: Why is 'He that smites a man so that he die shall be put to death' important in Judaism?
A: This verse is foundational in Jewish law as it teaches the infinite value of human life created in G-d's image (Bereishit 1:27). The Rambam (Hilchot Rotzeach 1:1) derives from this verse that courts must carefully judge capital cases to uphold justice while preserving life whenever possible.
Q: Does Exodus 21:12 mean all killers get the death penalty?
A: No. The Talmud (Sanhedrin 72a) explains there are many qualifications - the killer must have been warned beforehand, there must be witnesses, and it must be premeditated. Accidental killing (shogeg) has different laws (see Numbers 35). Jewish courts were extremely reluctant to impose capital punishment.
Q: How does Exodus 21:12 apply today without Jewish courts?
A: While we don't have courts that can administer capital punishment today, this verse teaches us the Torah's view that murder is among the most severe sins. The Chofetz Chaim explains it also reminds us to be careful with our actions, as causing harm to others - physically or through speech - violates Torah principles.
Q: What's the difference between this verse and 'eye for an eye'?
A: Exodus 21:12 deals with murder (nefesh), while 'eye for an eye' (Exodus 21:24) refers to bodily injuries. The Talmud (Bava Kama 83b) explains 'eye for an eye' means monetary compensation, not literal retaliation. Our verse about murder is one of the few cases where Torah prescribes capital punishment.