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Exodus21

Exodus 21 presents a series of civil and criminal laws given to Israel, known as judgments. It begins with regulations concerning Hebrew servants, detailing their terms of service and conditions for freedom. The chapter then outlines capital offenses, including murder and striking or cursing parents, alongside laws for personal injury based on proportional retribution. Finally, it addresses liability for damages caused by animals and negligence.

Introduction to the Covenant Laws

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"These are the rulings you are to present to them: ​

Laws Concerning Hebrew Servants

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"If you purchase a Hebrew slave, he is to work six years; but in the seventh, he is to be given his freedom without having to pay anything. ​
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If he came single, he is to leave single; if he was married when he came, his wife is to go with him when he leaves.
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But if his master gave him a wife, and she bore him sons or daughters, then the wife and her children will belong to her master, and he will leave by himself.
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Nevertheless, if the slave declares, 'I love my master, my wife and my children, so I don't want to go free,'
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then his master is to bring him before God; and there at the door or doorpost, his master is to pierce his ear with an awl; and the man will be his slave for life. ​

Laws Concerning Female Servants

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"If a man sells his daughter as a slave, she is not to go free like the men-slaves. ​
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If her master married her but decides she no longer pleases him, then he is to allow her to be redeemed. He is not allowed to sell her to a foreign people, because he has treated her unfairly.
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If he has her marry his son, then he is to treat her like a daughter.
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If he marries another wife, he is not to reduce her food, clothing or marital rights. ​
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If he fails to provide her with these three things, she is to be given her freedom without having to pay anything.

Laws of Capital Offenses

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"Whoever attacks a person and causes his death must be put to death. ​
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If it was not premeditated but an act of God, then I will designate for you a place to which he can flee. ​
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But if someone willfully kills another after deliberate planning, you are to take him even from my altar and put him to death. ​
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"Whoever attacks his father or mother must be put to death.
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"Whoever kidnaps someone must be put to death, regardless of whether he has already sold him or the person is found still in his possession. ​
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"Whoever curses his father or mother must be put to death. ​
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"If two people fight, and one hits the other with a stone or with his fist, and the injured party doesn't die but is confined to his bed;
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then, if he recovers enough to be able to walk around outside, even if with a cane, the attacker will be free of liability, except to compensate him for his loss of time and take responsibility for his care until his recovery is complete.
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"If a person beats his male or female slave with a stick so severely that he dies, he is to be punished; ​
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except that if the slave lives for a day or two, he is not to be punished, since the slave is his property. ​

Laws Concerning Personal Injury

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"If people are fighting with each other and happen to hurt a pregnant woman so badly that her unborn child dies, then, even if no other harm follows, he must be fined. He must pay the amount set by the woman's husband and confirmed by judges. ​
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But if any harm follows, then you are to give life for life, ​
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eye for eye, tooth for tooth, hand for hand, foot for foot, ​
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burn for burn, wound for wound and bruise for bruise.
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"If a person hits his male or female slave's eye and destroys it, he must let him go free in compensation for his eye. ​
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If he knocks out his male or female slave's tooth, he must let him go free in compensation for his tooth.

Laws Concerning Animal Liability and Property

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"If an ox gores a man or a woman to death, the ox is to be stoned and its flesh not eaten, but the owner of the ox will have no further liability. ​
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However, if the ox was in the habit of goring in the past, and the owner was warned but did not confine it, so that it ended up killing a man or a woman; then the ox is to be stoned, and its owner too is to be put to death. ​
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However, a ransom may be imposed on him; and the death penalty will be commuted if he pays the amount imposed. ​
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If the ox gores a son or daughter, the same rule applies.
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If the ox gores a male or female slave, its owner must give their master twelve ounces of silver; and the ox is to be stoned to death. ​
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"If someone removes the cover from a cistern or digs one and fails to cover it, and an ox or donkey falls in,
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the owner of the cistern must make good the loss by compensating the animal's owner; but the dead animal will be his.
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"If one person's ox hurts another's, so that it dies, they are to sell the live ox and divide the revenue from the sale; and they are also to divide the dead animal.
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But if it is known that the ox was in the habit of goring in the past, and the owner did not confine it; he must pay ox for ox, but the dead animal will be his.

Study Notes for Exodus 21

Verse 1

This verse marks the beginning of the 'Book of the Covenant' (Exodus 21-23), detailing specific civil and criminal laws that apply the principles of the Ten Commandments to daily life in Israel.

Verse 2

This law establishes a system of indentured servitude, not chattel slavery. The mandatory release after six years prevents permanent bondage and ties the social structure to the Sabbatical cycle, emphasizing the servant’s humanity.

Verse 6

The ceremony before the judges and the boring of the ear signifies a voluntary and permanent decision by the servant to remain bound to the master's household, prioritizing family ties over personal freedom.

Verse 7

A woman sold as a maidservant was often intended as a potential wife or concubine (for the master or his son). Because of this marital dimension, she is granted greater protection and cannot be simply released in the seventh year.

Verse 10

This protection ensures that the master, if taking another wife, must continue to provide the first wife (whether servant or free) with her necessary provisions and marital rights, safeguarding her dignity and status.

Verse 12

This is the first law concerning homicide, establishing the fundamental principle that intentional killing is a capital crime punishable by death, reflecting the sanctity of human life (Gen. 9:6).

Verse 13

This verse distinguishes between premeditated murder and accidental manslaughter. For the latter, God provides a place of asylum (later formalized as Cities of Refuge, Num. 35) where the offender could flee from the avenger of blood.

Verse 14

The law stresses that sanctuary (even the altar) does not protect a murderer plotting with malice aforethought. Justice for intentional bloodshed takes precedence over religious privilege.

Verse 16

Kidnapping ('man-stealing') is treated as a capital offense, equating the deprivation of a person's freedom with murder, reflecting the high value placed on human liberty within the Israelite covenant.

Verse 17

Cursing one's parents is viewed as an attack on the foundational social and covenantal structure of the community, undermining the Fifth Commandment, and is therefore a capital crime.

Verse 20

This law restricts the power of the master; if a servant dies immediately under punishment, the master is held criminally accountable. This differentiates Israelite practice from surrounding cultures where masters held absolute power.

Verse 21

If the servant survives for a period, the death is not necessarily ruled homicide, and the master faces no criminal penalty, having already suffered economic loss ('he is his money'). Scholars interpret this as either leniency or a recognition of difficulty in proving intent.

Verse 22

This law protects both the mother and the fetus. If the mother survives but loses the child, the punishment is financial compensation determined by the husband and the judges, indicating the value placed on the unborn.

Verse 23

This introduces the principle of proportionate justice (*lex talionis*), ensuring that punishment must fit the crime. If the mother is harmed ('mischief'), the penalty escalates to 'life for life.'

Verse 24

The famous 'eye for eye' principle was not generally enforced literally but served primarily as a legal standard to limit private vengeance and establish proportional compensation in civil courts.

Verse 26

This provision powerfully safeguards the physical integrity of servants. If a master causes permanent damage to a servant, the immediate freedom of the servant serves as the penalty and compensation.

Verse 28

If an ox causes death, the animal must be executed (stoned) to ritually purify the community and underscore the seriousness of the incident. The owner is acquitted only if he was unaware of the animal's danger.

Verse 29

This establishes criminal negligence. If the owner knew the ox was dangerous and failed to restrain it, he is held responsible for the death and is liable to the death penalty himself.

Verse 30

This verse allows for a financial ransom (a fine or compensation) to be paid in lieu of the death penalty for the negligent owner, provided the judges or the victim’s family agree to the settlement.

Verse 32

If the ox kills a slave, the required compensation is 30 shekels of silver, the standard price for a slave (cf. Lev. 27:3). This specific amount is tragically referenced when Judas betrays Jesus (Matt. 26:15).

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