One Who Strikes a Man So That He Dies

"One who strikes a man so that he dies shall surely be put to death" (Exodus 21:12). Why is this said? Because it says "And a man who strikes any human life," I might hear that even if he merely slapped him with a slap he is liable; Scripture therefore says "and one who strikes a man so that he dies," that he is not liable until the soul departs. "One who strikes a man so that he dies" - I have only a man who struck a man; from where do I include one who struck a woman or a minor? Scripture says "And a man who strikes any human life," to bring in the man who struck a woman or a minor. A woman who killed her fellow woman or a minor, from where? Scripture says "he is a murderer" (Numbers 35:16); it comes for its own instruction. "One who strikes a man" - even a minor victim. Or perhaps only a grown man, as it sounds plainly? Scripture says "And a man who strikes any human life." I might hear that even a child of eight months is included; Scripture says "and one who strikes a man," telling that he is not liable until he kills a viable child. "He shall surely be put to death" - with forewarning by witnesses. Or perhaps even without forewarning by witnesses? Scripture says "by the mouth of two witnesses" (Deuteronomy 17:6). "He shall surely be put to death" - by a court. Or perhaps even not by a court? Scripture says "the murderer shall not be put to death until he stands" before the assembly. "He shall surely be put to death" - by the sword. Or perhaps only by strangling? You may reason thus: it says here "he shall surely be put to death," and it says "he shall surely be put to death" regarding the adulterer (Leviticus 20:10); just as there it is by strangling, so here by strangling. You compare him to the adulterer, but I compare him to the blasphemer: it says here "he shall surely be put to death," and it says of the blasphemer "he shall surely be put to death" (Leviticus 24:16); just as there it is by stoning, so here by stoning. Scripture therefore says "whoever sheds the blood of man" and so forth (Genesis 9:6). Still I might say: let one open a vein from two of his limbs and let him die that way. Scripture says "and they shall break the heifer's neck there in the valley" (Deuteronomy 21:4) and "and you shall remove the innocent blood" (Deuteronomy 21:9); shedders of blood are compared to the heifer whose neck is broken: just as the heifer's neck is broken by severing the head, so all shedders of blood are executed by severing the head. We have heard the punishment; we have not heard the warning. Scripture says "You shall not murder."