18 `And when men contend, and a man hath smitten his neighbour with a stone, or with the fist, and he die not, but hath fallen on the bed;
`And when a man smiteth his man-servant or his handmaid, with a rod, and he hath died under his hand -- he is certainly avenged;
And he goeth out on the second day, and lo, two men, Hebrews, striving! and he saith to the wrong-doer, `Why dost thou smite thy neighbour?'
`And if with an instrument of iron he hath smitten him, and he dieth, he `is' a murderer: the murderer is certainly put to death. `And if with a stone `in' the hand, wherewith he dieth, he hath smitten him, and he dieth, he `is' a murderer: the murderer is certainly put to death. `Or with a wooden instrument `in' the hand, wherewith he dieth, he hath smitten him, and he dieth, he `is' a murderer: the murderer is certainly put to death. `The redeemer of blood himself doth put the murderer to death; in his coming against him he doth put him to death. `And if in hatred he thrust him through, or hath cast `anything' at him by lying in wait, and he dieth; or in enmity he hath smitten him with his hand, and he dieth; the smiter is certainly put to death; he `is' a murderer; the redeemer of blood doth put the murderer to death in his coming against him. `And if, in an instant, without enmity, he hath thrust him through, or hath cast at him any instrument, without lying in wait; or with any stone wherewith he dieth, without seeing, and causeth `it' to fall upon him, and he dieth, and he `is' not his enemy, nor seeking his evil; then have the company judged between the smiter and the redeemer of blood, by these judgments.
`When men strive together, one with another, and the wife of the one hath drawn near to deliver her husband out of the hand of his smiter, and hath put forth her hand, and laid hold on his secrets,
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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.