Charles Ellicott Commentary Matthew 5:21

"Ye have heard that it was said to them of old time, Thou shalt not kill; and whosoever shall kill shall be in danger of the judgment:" — Matthew 5:21 (ASV)

By them of old time — There is no reasonable doubt that the alternative reading, to them of old time, is correct. The grammatical construction is identical to that found in Romans 9:12, Romans 9:26, Galatians 3:16, Revelation 6:11, and Revelation 9:4. Two questions arise from this reading.

First, who were “they of old time”? The words are very general. As interpreted by the use of “old time” in Acts 15:21, they seem to point to the time when synagogues began to be established—that is, after the return from Babylon. Second, who was the speaker of the words quoted? The impersonal form, the contrast between “it was said” and “I say to you,” and the tone of authority imposing a new law to supersede the old one all seem conclusive. Therefore, we should not attribute these words to the Law as given by God through Moses, even when the words themselves are found in the Law.

Stress is laid on the words, You have heard that it was said. This was the interpretation of the Law given to you by your teachers in the school and synagogue. I give you another and truer interpretation. Not what you heard then, but what I now say to you is the true fulfillment of the Law and the Prophets, and therefore the abiding law of my kingdom.

Whosoever shall kill shall be in danger of the judgment — The fact that these exact words are not found in the Old Testament confirms the view that our Lord is speaking of the traditional commentaries on the Law, and not of the Law itself. The phrase 'in danger of' had a more technical legal meaning in 1611 than it does now, signifying “legally liable to.” The 'judgment' spoken of was that of the local courts mentioned in Deuteronomy 16:18. These courts had the power of capital punishment, but the specific form of death by stoning was reserved for the Sanhedrin, or the high council.