29 and if the ox is `one' accustomed to gore heretofore, and it hath been testified to its owner, and he doth not watch it, and it hath put to death a man or woman, the ox is stoned, and its owner also is put to death.
`When one is found slain on the ground which Jehovah thy God is giving to thee to possess it -- fallen in a field -- it is not known who hath smitten him, then have thine elders and thy judges gone out and measured unto the cities which `are' round about the slain one, and it hath been, the city which `is' near unto the slain one, even the elders of that city have taken a heifer of the herd, which hath not been wrought with, which hath not drawn in the yoke, and the elders of that city have brought down the heifer unto a hard valley, which is not tilled nor sown, and have beheaded there the heifer in the valley. `And the priests, sons of Levi, have come nigh -- for on them hath Jehovah thy God fixed to serve Him, and to bless in the name of Jehovah, and by their mouth is every strife, and every stroke -- and all the elders of that city, who are near unto the slain one, do wash their hands over the heifer which is beheaded in the valley, and they have answered and said, Our hands have not shed this blood, and our eyes have not seen -- receive atonement for Thy people Israel, whom Thou hast ransomed, O Jehovah, and suffer not innocent blood in the midst of Thy people Israel; and the blood hath been pardoned to them, and thou dost put away the innocent blood out of thy midst, for thou dost that which `is' right in the eyes of Jehovah.
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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.