V. 1-4. When the LORD your God has cut off the nations 2c.
After the provisions on worship and authority are completed, Moses continues with the second part of the Law, namely love, which is contained in the second tablet. Therefore, this whole chapter is about
of the death stroke and of the avarice, how an accidental death stroke should be forgiven, but a deliberate one should be punished. Then he decrees by a general judgment that every injustice shall be avenged by equal punishment (talionis lege). For love demands that public peace be maintained, but when the
If the evil are not kept in check, peace cannot exist. Therefore, it is the duty of love to administer the laws strictly and without mercy, to take vengeance on the wicked, so that the good and godly may be preserved. Again, it is the business of love that the severity of the law be mitigated by equity, that he may obtain mercy who, though he resembles a wicked and harmful man, yet is neither wicked nor harmful because he has done it contrary to his will and unwillingly. Therefore, three cities are commanded to be set apart as a refuge for people who have unintentionally committed a death.
V. 4-7. if someone strikes his neighbor, not intentionally 2c.
He explains with an example how he wants to understand the unintentional death stroke, which is crasso enough, namely, if someone handles something else, as if he chops wood, and leads him the iron from the handle and slays the neighbor. Here you see quite beautifully how God requires fairness in the laws, how he wants people to judge not only according to their deeds, but also according to their will. For this example must be applied to all laws in general, so that in everything that may be sinned against, it is the heart rather than the hand of the sinner that is considered, as Moses here expressly declares that he who has not killed someone out of hatred, but by chance, without his will, is not guilty of manslaughter. But this attitude (animus) must be proved by certain signs and circumstances, so that no one may say after such an event: I did not do it with will. Therefore, Moses sets the example of the iron falling from the handle and clearly states the circumstance that proves that the man who killed him was busy with something else and did the work of killing against his will.
In the same way, if someone knocks out another's eye out of carelessness, either with his fist or with a stone, but by all means with something else than wanting to knock out his eye, he is not guilty of this wrong. Likewise, if he has
I was an eyewitness (vidi factum) that one brother pierced and killed another with his sword because he wanted to stab the wild boar that had his brother under him. For so it is in this life that everyone must expect danger from his neighbor. For whoever wants to live among people (societate communi), and enjoy peace, security, protection, and make use of all rights, advantages and goods, must also bear the dangers, damages and disadvantages, and all dangers, however they may happen. Thus the jurists say: one citizen owes another a fire, that is, if someone wants to be a citizen, he must stand with his neighbor in danger of conflagration or some other damage.
V. 8. 9. And if the LORD thy God shall enlarge thy border 2c. If you will keep all these commandments 2c.
You see that it is quite different with the legal promises for the temporal kingdom than with the promises of grace or the spiritual promises. For the legal promises are based on the will and merit of men, as he says here, "If thou shalt keep otherwise." Therefore they are not fixed nor everlasting, because no merits of men endure (permanently), just as neither do men themselves, however holy they may be. But the spiritual promises, regardless of merit, are based solely on the eternal mercy of God, which is given freely by grace, for "it is not up to anyone's willing or running, but up to God's mercy" [Rom. 9:16]. Therefore, in those [legal promises] free will prevails, indeed, it corrupts and ruins everything. In these, however, grace and the Spirit reign and sustain.
V. 1o. So that innocent blood will not be shed.
You see that a death stroke that is not premeditated is declared by GOD Himself to be one that has no guilt (innoxium), as He also said shortly before [v. 6.], "That
he does not strike the soul of him in whom there is no judgment of death, because he did not bear hatred to him before." See the heart, which is not guilty of hatred, makes that the deed also does not have the guilt of the death blow. That is why he wants to have many cities for refuge, because in a large nation there are many dangers that one suffers from the other.
And it is to be noted that the word where he says [v. 6. Vulg.], "Lest he that is nearest to him that is slain pursue him, and smite the soul of him that is not guilty of death," is by no means to be understood as if that avenger, if he be a private man (privata manu), should or may kill the slayer of death, as the text seems to read to seditious people, but that, taking up the cause of him that is slain, the judges by lawful witnesses should settle the matter. Because this is done at his instigation and urging, it is said that he does it, according to the word [of the jurists]:. What others, prompted by us, do, 2) it is rightly said that we have done it. For no man is allowed to avenge himself, but: "Mine is the vengeance", says God [Deut. 32, 35]. That is why he has appointed judges and authorities.
V. 11-13. But if anyone bears hatred against his neighbor 2c.
Here also thou seest that vengeance is commanded to the authorities, for he saith [v. 12.], "Let the elders of his city send and fetch him thence," and yet, as if the avenger himself should do it, he immediately adds, "And let him deliver him into the hands of the neighbor or avenger," not as if he himself, as a private person, should strike him with the sword, but should convict him of his guilt in court, and put him to death. Yea, even as if the whole people should do this, he says [v. 13. Vulg.], "Thou shalt not have mercy upon him, and shalt put to death the innocent blood of Israel." So it only remains that those rights and the
1) In the first edition and in the Wittenberg: Huoä per vos alii tueiunt, which we have assumed. In the Erlanger and in the Jenaer: Huod nos per ulios luoiiuus.
Public executions of rights are indeed ordered to the people, but to such a people, which is provided with sovereign persons and judges, who, if the avenger accuses and the witnesses prove it, judge and kill according to the law with just judgment.
But he wants them to have no mercy on a deliberate death-beater, because he has sinned out of malice and disturbed the public peace. And by this example you see that the liberties of the Oerter, which are with us instead of the cities of refuge, are only to benefit the innocent, but to benefit the guilty nothing. For so he also commands in Exodus 21:2 , 14, that one should seize a deliberate killer and even tear him away from the altar of the Lord and put him to death. Nowadays, however, these sanctuaries (immunitates) serve completely without distinction and mostly only the guilty as a place of refuge, and protect public injustice, perhaps after the example of Romulus, the father of the Romans, who first made Rome a protector (patronam) for the robbers through the sanctuary.
V. 14. You shall not push back your neighbor's boundary.
An excellent passage against avarice and tyranny, for the sake of which not infrequently even death is committed in order to be able to take the borders. Therefore, it is the duty of the authorities to ensure that one citizen is safe from the other with regard to his inheritance. Especially in this people of Israel this was necessary, where he wanted that the hereditary estates should not be mixed with each other.
V. 15-18. Let no single witness appear against anyone 2c.
So he also said above in chapter 17, v. 6: "On the mouth of a witness no one shall die. These are beautiful sayings (gnomae), worthy that they would often be in everyone's mouth, because Christ also cites this saying more than once [Matth. 18, 16. Joh. 8, 17.]: "All things shall stand on the mouth of two or three witnesses." But how, if both witnesses say the untruth (falsum), which is
2) Wittenberg and Jena: Lxoü. 23. Erlanger: Hxo. 25.
shall the judge then do? The answer to this is: If he knows that they speak falsehood, he shall not judge; but if he does not know, he shall judge according to the testimony of the witnesses. For this is enforced by the order of the court instituted by God, who commands that two witnesses be believed. God will see to it that he repays those witnesses in kind, and they may see to it that they answer to God for having abused his order and reputation to the destruction of their neighbor. Such false witnesses arose against Naboth, the Jezreelite [1 Kings 21:13], against Christ [Matthew 26:60] and Stephen [Acts 6:13]. And whoever perishes in this way must consider his misfortune as such, as we have said above, that one citizen must expect it from another, as there is conflagration, pestilence, contagious disease, war, wounds and all kinds of other damages. For just as one must suffer the danger of conflagration from one's neighbor, so also false witness and all other troubles.
V. 19: Do to him as he would have done to his brother.
Here you have an obvious and clear text that the attempt (conatus) should be punished, even if it does not come to the execution of the deed, because he orders to kill the witness, and without mercy to take soul by soul from the one who has given false testimony against a soul. For this reason, he immediately adds the law of retaliation (legem talionis), that one should do to the one who bears false witness as he himself wanted to do, so that one can also say here: There is no fairer law than that those who plot to put someone to death (necis artifices) perish by their own plot. For in this way "tooth for tooth, eye for eye" 2c. is understood not only of the completed deed, but also of the enterprise of the attempt.
But here is a question left, which concerns the innocent and unintentional death-beater. If he is innocent, why is he subjected to such a punishment that he is killed?
is forced to live outside his city in the city of refuge as an exile until the high priest dies? Furthermore, if he is found outside the border of the city of refuge and is killed, it is determined that the avenger of blood [if he slays him] is not guilty of blood, as is written in the fourth book of Moses Cap. 35, 27. is written? The answer to this is: Just as he who is killed by chance is forced, together with his own, to suffer this evil from his neighbors and those with whom he lives in a civil way, as I have said, so also he must bear his banishment according to the same right as an evil that befalls him because he has neighbors (ex vicinitate). The law, however, makes such a strict provision about this, in order to deter the more from the intentional death blow, and in order to compensate and make up for the damage, although it was not inflicted with will, but is nevertheless difficult to bear for the friends (molestam), in some way, as it were1 ) by an opposite damage.
Secret interpretation.
To kill one's neighbor means to corrupt one's soul and deceive one's conscience with the word of doctrine. If this happens without intention, that is, if the word is not acted upon according to its right meaning, as the fathers are sometimes wont to do, since they have made Peter out of the rock (petra), Christ, or have taught the works too much and have drawn the words of faith carelessly (imprudentius) on the outward appearance, as if they had rules, As they have established rules how to live, certain orders of fasting, feasts and other ceremonies, they have indeed killed souls as far as the deed is concerned, but they did not intend to kill, but the fate and the harm (casus) of human nature, which is blind and imperfect in faith, has brought them down. They are given a free city, the promise of salvation, namely the word: "Forgive".
1) Instead of v[1 nt in the Jena and the Erlangen habe" we assumed with the Wittenberg velut.
our guilt", and their weakness is borne until the priest dies, that is, until they realize in fuller faith that it is Christ who by his death destroys all sins and makes us free. For by this consciousness we are all obtained to know that all sins, whether committed in ignorance or in weakness, are remitted in Christ, if we flee to him and ask that they may be forgiven us.
But he who in ardent hatred knowingly kills someone will be killed without mercy. These are the heretics who, on Satan's impulse, deal with seducing souls, luring them into their sects, tearing them away from Christ and the pure word, even delighting and boasting in the multitude of those who are lost and cling to them. Therefore they do not deserve grace, nor do they have forgiveness of sin, since they are condemned by their own judgment, Titus 3:11, and commit a sin unto death, which, as it is not borne, so it is not forgiven. For it is blasphemy against the Holy Spirit, for which one should not ask, as John says [1 Ep. 5:16].
Not that one should not ask for any sin, but that one should not ask God not to count it as sin or to accept it as righteousness, as Moses asks in the fourth book Cap. 16, 15, that God should not turn to their sacrifice, that is, that he should count it as sin, as it is in fact sin, because they do not count it as sin, but praise it as righteousness. Otherwise, we are asked for all sin that we recognize, and so it is not imputed, even if it should continue, as the remnants of sin are in the flesh, Gal. 5:17 ff. For this is the opinion of John, since he does not want one to pray for a sin to death, that is, he does not want it to be considered a sin that is not imputed, or not a sin, as he wants it to be considered of all sins that we recognize and confess. For if one prays for such a sin, that it may not be counted as sin, that is, to ask that its heresy and ungodly nature may not displease God, or
that he is a god, pleasing to the ungodly being, against the 5th Psalm, v. 5.
That one should not push back the limits set by the forefathers [v. 14], that is, that one should not add anything to the doctrine handed down by the apostles, as if one could thereby better counsel the matters of conscience. And this passage the sophists and the bishops raise high for themselves, crying out for their statutes and customs: one should not move the boundaries which the fathers have set. But by fathers they mean their bishops and teachers, but not the apostles. Thus they justify (stabilize) their fables with a figurative speech, not seeing how they themselves are the first, and only of all (even if the spiritual interpretation would hold), who move the limits, not only of faith and spirit, which are set by the forefathers, the apostles and Christ, in the Gospel, but also their own, which are set by their predecessors and by themselves, since that is their only endeavor, that they change and heap laws with laws, and, as that one says, establish laws and repeal them again for money, so that one sees that they have the legislation instead of a game and the dice, in order to play their game with it in the consciences of men; and yet they hold against others that they should not transgress the limits which the forefathers have set.
The law of retaliation: "An eye for an eye" 2c., means that the false teachers will be punished by God, just as they themselves have done harm, so that they will be killed if they have killed; if they have harmed and made people weak in faith or works and have not taught the pure word, they themselves shall also receive again from God according to the same measure, as Paul says in the letter to the Romans Cap. 14, 1) 15. that they sin against Christ by corrupting the weak, for whose sake Christ died. Thus the false witnesses who bear witness against their neighbor are those who make a conscience of sin and death where it is not, so that they kill the souls that do not die, and
1) In the editions: Roiua. 1p.
Make alive those who do not live. These then shall be carefully searched out [v. 18], and done to them as they thought to be done, that is, by the word of Scripture they shall be overcome and condemned, that is, by the word they shall be condemned to eternal damnation.
They will be judged if they do not repent, and it will be proven to them that what they have taught is false. Thus they are killed and condemned by the spirit of the mouth of Christ, that they may live if they will, or perish eternally with their doctrine.