(18, 19) Severe assault, endangering life, but not actually taking it, is placed under the same head with homicide, as approaching to it, but is not to be punished in the same way. If death ensues in such a case, the crime is, of course, murder or manslaughter, according to the attendant circumstances; but if death does not ensue, it is aggravated assault only. In such cases punishment could not be inflicted by retaliation--the usual penalty under the Mosaic Law (Exodus 21:24-25)--without a risk of killing the man, which would have been an excessive punishment. The law therefore imposed a fine, which was to be fixed at such an amount as would at once compensate the sufferer for the loss of his time (Exodus 21:19), and defray the cost of his cure.

(18) With a stone, or with his fist.--Comp. The difference made under the English law between wounding with a sharp or a blunt instrument.

Verses 18, 19 - Severe assault. Assault was punishable by the law in two ways. Ordinarily, the rule was that of strict retaliation' ' Eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe" (vers. 24, 25; compare Leviticus 24:20, and Deuteronomy 19:21). But where the assault was severe, causing a man to take to his bed, and call in the physician' s aid, something more was needed. The Rabbinical commentators tell us that in this case he was arrested, and sent to prison until it was ascertained whether the person hurt would die or no. If he died, the man was tried for murder; if he recovered, a fine was imposed. This was axed at such a sum as would at once compensate the injured man for his loss of time and defray the expense of his cure. A similar principle is adopted under our own law in many cases of civil action. Verse 18. - If men strive together. If there is a quarrel and a personal encounter. In our own law this would reduce this offence, if death ensued, to manslaughter. With a stone, or with his fist. The use of either would show absence of premeditation, and of any design to kill. A weapon would have to be prepared beforehand: a stone might be readily caught up.

21:12-21 God, who by his providence gives and maintains life, by his law protects it. A wilful murderer shall be taken even from God's altar. But God provided cities of refuge to protect those whose unhappiness it was, and not their fault, to cause the death of another; for such as by accident, when a man is doing a lawful act, without intent of hurt, happens to kill another. Let children hear the sentence of God's word upon the ungrateful and disobedient; and remember that God will certainly requite it, if they have ever cursed their parents, even in their hearts, or have lifted up their hands against them, except they repent, and flee for refuge to the Saviour. And let parents hence learn to be very careful in training up their children, setting them a good example, especially in the government of their passions, and in praying for them; taking heed not to provoke them to wrath. Through poverty the Israelites sometimes sold themselves or their children; magistrates sold some persons for their crimes, and creditors were in some cases allowed to sell their debtors who could not pay. But man-stealing, the object of which is to force another into slavery, is ranked in the New Testament with the greatest crimes. Care is here taken, that satisfaction be made for hurt done to a person, though death do not follow. The gospel teaches masters to forbear, and to moderate threatenings, Eph 6:9, considering with Job, What shall I do, when God riseth up? Job 31:13,14.And if men strive together,.... Quarrel and fight, and wrestle with and box one another:

and one smite another with a stone; which lying near him he might take up, and in his passion throw it at his antagonist:

or with his fist; with his double fist, as we express it, with his hand closed, that it might come with the greater force, and give the greater blow:

and he die not, but keepeth his bed; does not die with the blow of the stone or fist, yet receives so much damage by it that he is obliged to take to his bed; or, as the Targum of Jerusalem paraphrases it, is cast on the bed sick; or, as the Targum of Jonathan, falls into a disease, as a fever, or the like, through the force of the blow, so that he is confined to his room and to his bed.