20 And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished.
And if a man smite the eye of his servant, or the eye of his maid, that it perish; he shall let him go free for his eye's sake. And if he smite out his manservant's tooth, or his maidservant's tooth; he shall let him go free for his tooth's sake.
Whoso killeth any person, the murderer shall be put to death by the mouth of witnesses: but one witness shall not testify against any person to cause him to die. Moreover ye shall take no satisfaction for the life of a murderer, which is guilty of death: but he shall be surely put to death. And ye shall take no satisfaction for him that is fled to the city of his refuge, that he should come again to dwell in the land, until the death of the priest. So ye shall not pollute the land wherein ye are: for blood it defileth the land: and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it.
Wherefore have we fasted, say they, and thou seest not? wherefore have we afflicted our soul, and thou takest no knowledge? Behold, in the day of your fast ye find pleasure, and exact all your labours. Behold, ye fast for strife and debate, and to smite with the fist of wickedness: ye shall not fast as ye do this day, to make your voice to be heard on high.
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Commentary on Exodus 21 Commentary Critical and Explanatory on the Whole Bible
CHAPTER 21
Ex 21:1-6. Laws for Menservants.
1. judgments—rules for regulating the procedure of judges and magistrates in the decision of cases and the trial of criminals. The government of the Israelites being a theocracy, those public authorities were the servants of the Divine Sovereign, and subject to His direction. Most of these laws here noticed were primitive usages, founded on principles of natural equity, and incorporated, with modifications and improvements, in the Mosaic code.
2-6. If thou buy an Hebrew servant—Every Israelite was free-born; but slavery was permitted under certain restrictions. An Hebrew might be made a slave through poverty, debt, or crime; but at the end of six years he was entitled to freedom, and his wife, if she had voluntarily shared his state of bondage, also obtained release. Should he, however, have married a female slave, she and the children, after the husband's liberation, remained the master's property; and if, through attachment to his family, the Hebrew chose to forfeit his privilege and abide as he was, a formal process was gone through in a public court, and a brand of servitude stamped on his ear (Ps 40:6) for life, or at least till the Jubilee (De 15:17).
Ex 21:7-36. Laws for Maidservants.
7-11. if a man sell his daughter—Hebrew girls might be redeemed for a reasonable sum. But in the event of her parents or friends being unable to pay the redemption money, her owner was not at liberty to sell her elsewhere. Should she have been betrothed to him or his son, and either change their minds, a maintenance must be provided for her suitable to her condition as his intended wife, or her freedom instantly granted.
23-25. eye for eye—The law which authorized retaliation (a principle acted upon by all primitive people) was a civil one. It was given to regulate the procedure of the public magistrate in determining the amount of compensation in every case of injury, but did not encourage feelings of private revenge. The later Jews, however, mistook it for a moral precept, and were corrected by our Lord (Mt 5:38-42).
28-36. If an ox gore a man or a woman, that they die—For the purpose of sanctifying human blood, and representing all injuries affecting life in a serious light, an animal that occasioned death was to be killed or suffer punishment proportioned to the degree of damage it had caused. Punishments are still inflicted on this principle in Persia and other countries of the East; and among a rude people greater effect is thus produced in inspiring caution, and making them keep noxious animals under restraint, than a penalty imposed on the owners.
30. If there be laid on him a sum of money, &c.—Blood fines are common among the Arabs as they were once general throughout the East. This is the only case where a money compensation, instead of capital punishment, was expressly allowed in the Mosaic law.