Exodus 21-The Lord Gives Moses Laws On Servants And Injuries To People And Animals
Wenstrom Bible Ministries
Pastor-Teacher Bill Wenstrom
Sunday February 12, 2012
Journey Through The Bible Series: Exodus 21-The Lord Gives Moses Laws On Servants And Injuries To People And Animals
Lesson # 22
Please turn in your Bibles to Exodus 21:1.
Exodus chapter 21 is divided into two sections: (1) Regulations governing the treatment of slaves (1-11). (2) Regulations with regards to injuries to people and animals (12-36).
Exodus 21:1 “Now these are the ordinances which you are to set before them: 2 If you buy a Hebrew slave, he shall serve for six years; but on the seventh he shall go out as a free man without payment. 3 If he comes alone, he shall go out alone; if he is the husband of a wife, then his wife shall go out with him. 4 If his master gives him a wife, and she bears him sons or daughters, the wife and her children shall belong to her master, and he shall go out alone. 5 But if the slave plainly says, ‘I love my master, my wife and my children; I will not go out as a free man,’ 6 then his master shall bring him to God, then he shall bring him to the door or the doorpost. And his master shall pierce his ear with an awl; and he shall serve him permanently. 7 If a man sells his daughter as a female slave, she is not to go free as the male slaves do. 8 If she is displeasing in the eyes of her master who designated her for himself, then he shall let her be redeemed. He does not have authority to sell her to a foreign people because of his unfairness to her. 9 If he designates her for his son, he shall deal with her according to the custom of daughters. 10 If he takes to himself another woman, he may not reduce her food, her clothing, or her conjugal rights. 11 If he will not do these three things for her, then she shall go out for nothing, without payment of money.” (NASB95)
In Exodus 21:1, “ordinances” is the Hebrew noun miš∙pāṭ (מִשְׁפָּט) (mish-pawt´), which denotes a law or regulation in the form of a spoken or written command, which is to be obeyed and results in a penalty for non-compliance.
Therefore, this word denotes civil law in the exercise of human government.
The word designates different aspects of Israelite civil government.
These laws express God’s sovereignty over the nation of Israel.
God’s attribute of justice is exercised and manifested through enforcement of these laws.
They serve to provide rights for the citizens of Israel and identify God’s rights as well.
They involve dispensing justice.
Chapter 21 begins with the treatment of human beings and in particular the treatment of slaves who were the most likely to be mistreated or exploited in society.
In Exodus 21:2, “slave” is the Hebrew noun ʿě∙ḇěḏ (עֶבֶד) (eh´-bed), which refers to a six year contract servant in Israel.
Exodus 21:1-11 is divided into two parts: (1) Regulations governing the rights of male slaves (1-6). (2) Regulations governing the rights of female slaves (7-11).
Exodus 21:3-4 gives examples involving three situations with regards to six year servants: (1) A single, unattached servant (2) A servant who starts his term of service married (3) A servant who marries another worker under contract to the same boss and might have children during the time of employment.
The law concerning these situations are designed to ensure that neither the servant nor the employer lose what is rightfully theirs at the time of termination of the service.
This complex law has the following provisions: (1) The servant who is married prior to the contracted service is to retain his wife and children and the master is to figure in the costs of housing, food and clothing for the spouse as well. (2) The male servant who marries a female servant who is under contract to the master, cannot bring this woman with him at the end of his contractual duties. (3) The male servant could remain with the master if he wanted to stay with his wife and children or he could wait till she finishes her contractual duties to her employer. (4) He could find a job somewhere else and compensate financially the employer for his wife and children. (5) He could remain a servant of the employer forever.
Exodus 21:5-6 contains regulations with regards to voluntary permanent service and Exodus 21:7-11 list protections for female servants.
Exodus 21:12 “He who strikes a man so that he dies shall surely be put to death. 13 But if he did not lie in wait for him, but God let him fall into his hand, then I will appoint you a place to which he may flee. 14 If, however, a man acts presumptuously toward his neighbor, so as to kill him craftily, you are to take him even from My altar, that he may die. 15 He who strikes his father or his mother shall surely be put to death. 16 He who kidnaps a man, whether he sells him or he is found in his possession, shall surely be put to death. 17 He who curses his father or his mother shall surely be put to death.” (NASB95)
Exodus 21:12-17 lists four crimes that required the death penalty: (1) Premeditated murder (verses 12, 14) (2) Physical violence against parents (verse 15) (3) Kidnapping (verse 16) (4) Verbal abuse of parents (verse 17).
Numbers 35:30-34, Deuteronomy 17:6-7 and 19:15 teach that capital punishment “cannot” take place unless there are two or more witnesses to the crime and that they all agree in their testimony after being individually interviewed.
Capital punishment is taught in the Old Testament (Ex. 21:12, 15-17; 22:2, 18-20; Num. 35:6-34; Deut. 19:1-13; 24:7) and in the New Testament (Rom. 13:1-7; 1 Pet. 2:13).
The fact that capital punishment was instituted does “not” mean that there is never to be an exception to the punishment of execution for the crime of murder since with God, justice may be tempered with mercy, in response to repentance.
Now, Exodus 21:13 addresses unintentional or accidental homicide.
A person who unintentionally or accidentally kills another person could escape to one of the six cities of refuge after Israel was in the land (Numbers 35:6-34; Deuteronomy 19:1-13; Joshua 20).
Exodus 21:18 “If men have a quarrel and one strikes the other with a stone or with his fist, and he does not die but remains in bed, 19 if he gets up and walks around outside on his staff, then he who struck him shall go unpunished; he shall only pay for his loss of time, and shall take care of him until he is completely healed. 20 If a man strikes his male or female slave with a rod and he dies at his hand, he shall be punished. 21 If, however, he survives a day or two, no vengeance shall be taken; for he is his property. 22 If men struggle with each other and strike a woman with child so that she gives birth prematurely, yet there is no injury, he shall surely be fined as the woman’s husband may demand of him, and he shall pay as the judges decide. 23 But if there is any further injury, then you shall appoint as a penalty life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise. 26 If a man strikes the eye of his male or female slave, and destroys it, he shall let him go free on account of his eye. 27 And if he knocks out a tooth of his male or female slave, he shall let him go free on account of his tooth.” (NASB95)
Exodus 21:18-27 presents regulations or laws with regards to life threatening injuries to people, which is divided into four parts: (1) Regulations with regards to compensation for injured party in a physical quarrel (verses 18-19). (2) Regulations concerning the punishment of those who mistreat their slaves (verses 20-21). (3) Regulations concerning a pregnant woman losing her child due to physical injury (verses 22-25). (4) Laws of retaliation (verses 26-27).
Exodus 21:22-25 teaches that financial compensation must be paid by the guilty party to the husband of the pregnant woman if she gives birth prematurely as a result of striking her.
However, verse 23 says that if there is further injury to the child in the sense that the child dies, then there was to be the death penalty for the guilty party as indicated by the expression “life for life.”
The expression “life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise” is related to civil law.
It teaches that the penalty imposed on a person for causing physical injury must be appropriate to the nature of the injury.
Consequently, giving financial compensation to a person who has been permanently maimed by another person is not adequate justice for the person maimed.
Or, it is not adequate justice to give a family of a person who has been murdered by another financial compensation since the penalty does not fit the crime.
This principle prevented the rich from buying their way of out capital crimes they have committed.
These types of laws are called “talion” laws.
A person in the twenty-first century often misunderstands these laws in a literalistic sense.
There is no evidence in ancient history where any judge required a literal application of talion law beyond the expression “life of life.”
This expression meant that death was the satisfaction of the law.
However beyond this, there was no actual taking of another person’s eye for having ruined the eye of another person.
This is clearly indicated in Exodus 21:26-28 where a man who destroyed the eye of another man, shall go free on account of the eye and if he knocks out the tooth of his slave, he shall be set free on account of the tooth.
This passage says that if an ox gores a person to death, the ox shall be put down but the owner is to go unpunished.
The goal of these type of laws was to make sure that justice was accomplished and that appropriate punishment was administered.
Exodus 21:28 “If an ox gores a man or a woman to death, the ox shall surely be stoned and its flesh shall not be eaten; but the owner of the ox shall go unpunished. 29 If, however, an ox was previously in the habit of goring and its owner has been warned, yet he does not confine it and it kills a man or a woman, the ox shall be stoned and its owner also shall be put to death. 30 If a ransom is demanded of him, then he shall give for the redemption of his life whatever is demanded of him. 31 Whether it gores a son or a daughter, it shall be done to him according to the same rule. 32 If the ox gores a male or female slave, the owner shall give his or her master thirty shekels of silver, and the ox shall be stoned. 33 If a man opens a pit, or digs a pit and does not cover it over, and an ox or a donkey falls into it, 34 the owner of the pit shall make restitution; he shall give money to its owner, and the dead animal shall become his. 35 If one man’s ox hurts another’s so that it dies, then they shall sell the live ox and divide its price equally; and also they shall divide the dead ox. 36 Or if it is known that the ox was previously in the habit of goring, yet its owner has not confined it, he shall surely pay ox for ox, and the dead animal shall become his.” (NASB95)
Exodus 21:28-36 contains laws with regards to injuries caused by or to animals and is divided into three parts: (1) Regulations concerning injuries inflicted by animals (verses 28-32). (2) Regulations concerning the loss of animal due to negligence (verses 33-34). (3) Regulations concerning someone’s bull killing another person’s bull (verse 35).
Verses 28-32 make clear that owners are responsible for the conduct of their animals.
A bull is used to illustrate the legal principles that apply to cases in which it kills someone.
In this situation, the owner of the bull suffers the loss of the bull and does not suffer the death penalty.
Verse 29 teaches that if a bull has a history of goring people and its owner has been warned and this bull kills a person then this person is to be put to death along with his bull since this is a negligent homicide.
Verse 30 appears to undermine the point of the preceding law in verse 29.
However, this is not the case.
Verse 30 gives a judge some leeway in cases which are more complicated.
For example, let’s say that a bull tried to gore someone only once in the past and someone had borrowed the bull against the owner’s advice and had mistreated the bull and then the bull gored that person.
In this circumstance, the death penalty for the owner of the bull would not be fair and just.
A more appropriate punishment is to be determined by the judge in relation to the level of culpability.
“He shall give for the redemption of his life whatever is demanded of him” means that if a compensation payment was demanded of him, then the owner had to pay a redemption price for his life in the full amount which the judge sets.
This was not a fine but rather it was a redemption payment because the basis for the penalty was the death penalty. It was the buying back of one’s life.
Verses 31 and 32 develop this law further by applying it to children and servants. Interestingly the taking of the servant’s life by someone’s bull does not result in the death penalty because of the way a servant functioned under the control of the employer.
This means that because the servant was required to do certain things for the employer which would involve risk such as being around a bull, the death penalty was not required.
Thus, a servant who was gored by a bull while carrying out his duties was presumably doing what the master told the servant to do by command.
So a servant who is told by his master to work around a bull did not have the freedom to avoid the bull in contrast to a person who wasn’t a servant who could decide for himself to leave the presence of the bull.
Thus, the owner of the bull was not as guilty as he would be if the bull gored someone who happened to be passing by and was not his servant.
Verses 33-34 contain a law which requires a person to make restitution to the person whose bull falls into an uncovered pit he dug.
The law in verse 35 stipulates that if a man’s ox or bull hurts another man’s ox or bull so that it dies, then the two of them shall sell the live ox or bull and divide the price equally and also they are to divide the dead ox between them.
Basically, this law requires the liquidation of assets represented in the living bull as well as the dead one.
Connected to this, verse 36 stipulates that if a bull who has a history of goring and yet its owner has not confined the animal to a safe place then the owner must pay ox for ox and the dead animal shall become his.
The owner who is at fault because of his negligence has to pay for the dead bull at the market price.