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"The fifth commandment says Thou shall not kill!"

It is a mistranslation. The commandment initially was: "You do not have to kill outside the law". So it is forbidden death, not death penalty, which is known in the Bible that was a common habit that time. However, the challenge is wrong translated: "Eye for eye, tooth for tooth". In reality it was not revenge but repair of iniquity. Perpetrator had to give something to the defendant, equivalent to what was stolen.
Facts from Philosophy