Numbers 35:16

Num 35:16 And if he smite him with an instrument of iron, so that he die, he [is] a murderer: the murderer shall surely be put to death.

Ver. 16. So that he die.] Though he had no intent to kill, yet because he should have looked better to it, he is a murderer; he smote him purposely and presumptuously, and the man dies of it. King James was wont to say, that if God did leave him to kill a man (though beside his intention), he should think God did not love him.

John Trapp, A Commentary or Exposition upon All the Books of the Old and New Testament (1647–1656) — public domain. Text from a community e-Sword module.

THE COMMISSIONERS FOR DISTRIBUTING THE LAND, Num_34:16-29.

The ex officio members of this commission were Eleazar, the high priest, and Joshua, the commander of the army, as the lieutenant of Jehovah.

Jos_5:14. Of the ten princes, representing the nine and a half tribes, Caleb is the only one of whom any thing else is known. The order of the tribes here enumerated, with slight exceptions, corresponds both to their fraternal relationship and to their geographical location in Canaan, reckoning from south to north. This deviates somewhat from the order in which the lots came out for the different tribes according to Joshua 15-19.

THE INTENTIONAL MANSLAYER, Num_35:16-21.

16-21. If any person has struck another with an instrument of iron, as an axe or hammer, or with a stone, literally, a stone of the hand, that is, large enough to fill the hand and to kill a man with, or with a hand weapon of wood, as a thick club, and death ensued, a murderous intent is inferred, and the death penalty is inflicted. An ambuscade or laying of wait, preceding the fatal blow, is a still stronger proof of malice aforethought. Gen_9:5-6; Exo_20:13, note. Capital punishment is discussed in Lev_24:21, note, and in the concluding note of the same chapter.

The revenger of blood shall slay the murderer — This duty was never outlawed by any limitation of time or of place, save within the walls of the city of refuge. If the offender took refuge in a free city the elders of the city were to hand him over to the avenger, or goel, to be slain. Gen_4:15, note; Deu_19:11-12.

Daniel D. Whedon (gen. ed.), Commentary on the Old and New Testaments (1874–1909) — public domain. Text from a community e-Sword module.

Special instructions are given in Num 35:16-28, with reference to the judicial procedure. First of all (Num 35:16-21), with regard to qualified slaying or murder. If any person has struck another with an iron instrument (an axe, hatchet, hammer, etc.), or "with a stone of the hand, from which one dies," i.e., with a stone which filled the hand, - a large stone, therefore, with which it was possible to kill, - or "with a wooden instrument of the hand, from which one dies," i.e., with a thick club, or a large, strong wooden instrument, and he then died (so that he died in consequence), he was a murderer, who was to be put to death. "For the suspicion would rest upon any one who had used an instrument, that endangered life and therefore was not generally used in striking, that he had intended to take life away" (Knobel).

Keil & Delitzsch — Biblical Commentary on the Old Testament (1861–1891) — public domain (CC PDM 1.0). Text via the HelloAO Bible API. (Old Testament only.)

Wittingly, and willingly.

Geneva Bible (1599) marginal notes — public domain. Text via Bolls.life.

If he smite him with an instrument of iron, so that he die, &c.--Various cases are here enumerated in which the Goel or avenger was at liberty to take the life of the murderer; and every one of them proves a premeditated purpose.

Jamieson, Fausset & Brown — Commentary Critical and Explanatory on the Whole Bible (1871) — public domain (CC PDM 1.0). Text via the HelloAO Bible API.

16–23. Specimen cases of murder and accidental homicide respectively; cf. Exo_21:13 f.

The Cambridge Bible for Schools and Colleges (gen. ed. J. J. S. Perowne; Cambridge University Press, 1878–1918) — public domain. Text from a community e-Sword module.

And if he smite him with an instrument of iron, so that he die,.... As with an hatchet, hammer, sword, knife, &c.

he is a murderer; the instrument used by him, and with which he smote, shows that he had a bad design, and intended to kill, or he would never have smitten a man with such an instrument:

the murderer shall surely be put to death; be condemned to death, and be executed, by the order of the civil magistrate, according to the law in Gen 9:6 and not be allowed the benefit of a city of refuge.

John Gill's Exposition of the Whole Bible (1746–1763) — public domain (CC PDM 1.0). Text via the HelloAO Bible API.

The sense is: Inasmuch as to take another man’s life by any means whatsoever is murder, and exposes the murderer to the penalty of retaliation; so, if the deed is done in hostility, it is in truth actual murder, and the murderer shall be slain; but if it be not done in hostility, then the congregation shall interpose to stop the avenger’s hand.

Num 35:19

When he meeteth him - Provided, of course, it were without a city of refuge.

Num 35:24

The case of the innocent slayer is here contemplated. In a doubtful case there would necessarily have to be a judicial decision as to the guilt or innocence of the person who claimed the right of asylum.

Num 35:25

The homicide was safe only within the walls of his city of refuge. He became a virtual exile from his home. The provisions here made serve to mark the gravity of the act of manslaughter, even when not premeditated; and the inconveniences attending on them fell, as is right and fair, upon him who committed the deed.

Unto the death of the high priest - The atoning death of the Saviour cast its shadow before on the statute-book of the Law and on the annals of Jewish history. The high priest, as the head and representative of the whole chosen family of sacerdotal mediators, as exclusively entrusted with some of the chief priestly functions, as alone privileged to make yearly atonement within the holy of holies, and to gain, from the mysterious Urim and Thummim, special revelations of the will of God, was, preeminently, a type of Christ. And thus the death of each successive high priest presignified that death of Christ by which the captives were to be freed, and the remembrance of transgressions made to cease.

Albert Barnes' Notes on the Bible (1834–1885) — public domain. Text from a community e-Sword/MySword module.

If he smite him, wittingly and wilfully, though not with premeditated malice or design, as appears by comparing this with Num 35:20-23.

So that he die, to wit, suddenly, not so if he walked abroad afterward, Exo 21:19,20.

Shall surely be put to death; yea, though he were fled into the city of refuge.

Matthew Poole's English Annotations on the Holy Bible (1683–1685) — public domain. Text from a community e-Sword/MySword module.

With an instrument of iron. There is no reasonable doubt that lyrB has here (as elsewhere) its proper meaning of iron. The expression must be held to include both weapons and other instruments; the former may have been mostly made of bronze, but where iron is used at all it is sure to be employed in war.

The Pulpit Commentary (1880–1919), ed. H.D.M. Spence-Jones & Joseph S. Exell — public domain. Text from a community e-Sword module.

If he smite him - Wittingly and wilfully, though not with premeditated malice. He shall be put to death - Yea though he were fled into the city of refuge.

John Wesley, Explanatory Notes Upon the Whole Bible (1754–1765) — public domain. Text via the GEBible commentary corpus.

General Information:

Yahweh continues telling Moses what the people must do.

He must certainly be put to death

This can be stated in active form. AT: "You must certainly execute him" (See: Active or Passive and Idiom)

translationWords

accuse

die

unfoldingWord translationNotes — © Distant Shores Media and the Door43 World Missions Community, licensed CC BY-SA 4.0. Source: git.door43.org/Door43/en_tn.

ואם בכלי ברזל הכהו BUT IF HE SMOTE HIM WITH AN INSTRUMENT OF IRON — This is not speaking of one who kills inadvertently, who is mentioned near this (in the preceding verse), but of one who kills intentionally; and its purpose is to teach us that with whatever instrument one kills, it is necessary that it must have a size sufficient to cause death, because in the case of all of them (vv. 17, 18) it is said, אשר ימות “[an instrument] by which one may die”, the Hebrew of which we translate in the Targum by, “[an instrument] which is of such a size that one may die through it” — in the case of all, except in that of iron, because it is manifest and known to the Holy One, blessed be He, that iron kills whatever size it may be (however small it is), even a needle. Therefore the Torah does not assign a size to it by writing,אשר ימות בה (Sifrei Bamidbar 160:3; Sanhedrin 76b). And if you say that Scripture is speaking of one who kills inadvertently, — but surely it says lower down, (v. 23) “Or with any stone, even though one may die by it, (even though it is large enough to kill him) seeing him not”, which certainly is by inadvertence. This proves as regards the cases mentioned before it, that Scripture is speaking of one who kills intentionally.

Rashi on the Tanakh — English translations: “The Judaica Press complete Tanach with Rashi, translated by A. J. Rosenberg” (CC BY 4.0); “Pentateuch with Rashi's commentary by M. Rosenbaum and A.M. Silbermann, 1929-1934” (public domain); “The Metsudah Tanach series, Lakewood, N.J” (CC BY 4.0); and “The Book of Joshua, Metsudah Publications, 1997” (CC BY 4.0). Text via Sefaria.