The commandment on the court to kill with the sword one who is liable: That we have been commanded to kill the transgressors of some of the commandments of the Torah with the sword. And this law is called killing by our Rabbis. And it is a [relatively] light death penalty, but strangulation is nonetheless lighter than it (Sanhedrin 49b). And one of the ones killed by this death penalty is the one who strikes his slave — even a Canaanite [one] — if he dies from his hand, as it is stated (Exodus 21:20), “he shall surely be avenged.” And the explanation comes [to tell us] that his striker should be killed by the sword. I have already written above (Sefer HaChinukh 47) that Ramban, may his memory be blessed, does not count the four death penalties of the court as four [distinct] commandments, as does Rambam, may his memory be blessed.
It is from the roots of this commandment that God wanted to uproot evil-heartedness and severe cruelty from His holy people. And therefore He commanded that anyone, whose great anger overpowers him to the point that he strikes his slave who is in his home and has no savior, should be killed. Even though the slave is an acquisition of his money and he has destroyed his [own asset] with [his slave’s] death, he is still killed — since his anger overcame him so much. And this is a fitting and proper law. “The judgments of the Lord are true, righteous altogether” (Psalms 19:10).
The laws of the commandment — for example, the law of [one who does not die until after] a day or two days; and the rest of its details — are elucidated in Bava Kamma. (See Mishneh Torah, The Sanhedrin and the Penalties within Their Jurisdiction 14.) And one who transgresses it and did not administer justice upon him, if he has the power in his hand, has violated a positive commandment. And his punishment is great, since he has caused mishaps to [happen to] people.
מִצְוַת בֵּית דִּין לַהֲרֹג בְּסַיִף הַמְּחֻיָּב – שֶׁנִּצְטַוִּינוּ לַהֲרֹג הָעוֹבְרִים עַל קְצָת מִצְוֹת הַתּוֹרָה בְּסַיִף, וְזֶה הַדִּין נִקְרָא לְרַבּוֹתֵינוּ הֶרֶג, וְהִיא מִיתָה קַלָּה, וּמִכָּל מָקוֹם חֶנֶק קַלָּה יוֹתֵר מִמֶּנָּה. (סנהדרין מט ב) וְאֶחָד מִן הַמּוּמָתִין בְּמִיתָה זוֹ הַמַּכֶּה עַבְדּוֹ אֲפִלּוּ כְּנַעֲנִי, וְהוּא שֶׁמֵּת תַּחַת יָדוֹ, שֶׁנֶּאֱמַר (שמות כא כ) נָקוֹם יִנָּקֵם, וּבָא הַפֵּרוּשׁ (שם נב ב) שֶׁיֵּהָרֵג מַכֵּהוּ בְּסַיִף. כְּבָר כָּתַבְתִּי לְמַעְלָה (מצוה מו) שֶׁהָרַמְבַּ"ן זִכְרוֹנוֹ לִבְרָכָה לֹא יִמְנֶה אַרְבַּע מִיתוֹת בֵּית דִּין לְאַרְבַּע מִצְוֹת כְּמוֹ הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה.
The commandment on the court to kill with the sword one who is liable: That we have been commanded to kill the transgressors of some of the commandments of the Torah with the sword. And this law is called killing by our Rabbis. And it is a [relatively] light death penalty, but strangulation is nonetheless lighter than it (Sanhedrin 49b). And one of the ones killed by this death penalty is the one who strikes his slave — even a Canaanite [one] — if he dies from his hand, as it is stated (Exodus 21:20), “he shall surely be avenged.” And the explanation comes [to tell us] that his striker should be killed by the sword. I have already written above (Sefer HaChinukh 47) that Ramban, may his memory be blessed, does not count the four death penalties of the court as four [distinct] commandments, as does Rambam, may his memory be blessed.
מִשָּׁרְשֵׁי מִצְוָה זוֹ, שֶׁרָצָה הָאֵל לַעֲקֹר מִתּוֹךְ אֻמָּתוֹ הַקְּדוֹשָׁה רֹעַ הַלֵּב וְהָאַכְזָרִיּוּת הַגְּדוֹלָה, וְעַל כֵּן צִוְּתָה שֶׁכָּל מִי שֶׁיִּגְבַּר עָלָיו כַּעַס גָּדוֹל כָּל כָּךְ שֶׁיַּכֶּה הַכָּאַת מָוֶת עַבְדּוֹ שֶׁהוּא בְּבֵיתוֹ וְאֵין לוֹ מוֹשִׁיעַ, שֶׁיּוּמַת הָעוֹשֶׂה זֶה, אַף עַל פִּי שֶׁהָעֶבֶד קִנְיַן כַּסְפּוֹ וְאִבֵּד אֶת מָמוֹנוֹ בְּמוֹתוֹ, אַף עַל פִּי כֵן יֵהָרֵג אַחַר שֶׁהִגְבִּיר כַּעֲסוֹ עַל נַפְשׁוֹ כָּל כָּךְ, וְדִין רָאוּי וְכָשֵׁר הוּא (תהלים יט י) מִשְׁפְּטֵי יְיָ אֱמֶת צָדְקוּ יַחְדָּו.
It is from the roots of this commandment that God wanted to uproot evil-heartedness and severe cruelty from His holy people. And therefore He commanded that anyone, whose great anger overpowers him to the point that he strikes his slave who is in his home and has no savior, should be killed. Even though the slave is an acquisition of his money and he has destroyed his [own asset] with [his slave’s] death, he is still killed — since his anger overcame him so much. And this is a fitting and proper law. “The judgments of the Lord are true, righteous altogether” (Psalms 19:10).
דִּינֵי הַמִּצְוָה, כְּגוֹן דִּין יוֹם אוֹ יוֹמַיִם, וְיֶתֶר פְּרָטֶיהָ מְבֹאָרִים בְּבָבָא קַמָּא (צא א) (ה' סנהדרין פ' י"ד) וְהָעוֹבֵר עָלֶיהָ וְלֹא עָשָׂה בּוֹ דִּין אִם יֵשׁ כֹּחַ בְּיָדוֹ בִּטֵּל עֲשֵׂה, וְעָנְשׁוֹ גָּדוֹל, שֶׁגּוֹרֵם תַּקָּלוֹת לִבְנֵי אָדָם.
The laws of the commandment — for example, the law of [one who does not die until after] a day or two days; and the rest of its details — are elucidated in Bava Kamma. (See Mishneh Torah, The Sanhedrin and the Penalties within Their Jurisdiction 14.) And one who transgresses it and did not administer justice upon him, if he has the power in his hand, has violated a positive commandment. And his punishment is great, since he has caused mishaps to [happen to] people.