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Commentary on Exodus 21 verses 12–21
Here is, I. A law concerning murder. He had lately said, Thou shalt not kill; here he provides, 1. For the punishing of wilful murder (Exo 21:12): He that smiteth a man, whether upon a sudden passion or in malice prepense, so that he die, the government must take care that the murderer be put to death, according to that ancient law (Gen 9:6), Whoso sheddeth man's blood, by man shall his blood be shed. God, who by his providence gives and maintains life, thus by his law protects it; so that mercy shown to a wilful murderer is real cruelty to all mankind besides: such a one, God here says, shall be taken even from his altar (Exo 21:14), to which he might flee for protection; and, if God will not shelter him, let him flee to the pit, and let no man stay him. 2. For the relief of such as killed by accident, per infortunium - by misfortune, or chance-medley, as our law expresses it, when a man, in doing a lawful act, without intent of hurt to any, happens to kill another, or, as it is here described, God delivers him into his hand; for nothing comes to pass by chance; what seems to us purely casual is ordered by the divine Providence, for wise and holy ends secret to us. In this case God provided cities of refuge for the protection of those whose infelicity it was, but not their fault, to occasion the death of another, Exo 21:13. With us, who know no avengers of blood but the magistrates, the law itself is a sufficient sanctuary for those whose minds are innocent, though their hands are guilty, and there needs no other.
II. Concerning rebellious children. It is here made a capital crime, to be punished with death, for children either, 1. To strike their parents (Exo 21:15) so as either to draw blood or to make the place struck black and blue. Or, 2. To curse their parents (Exo 21:17), if they profaned any name of God in doing it, as the rabbies say. Note, The undutiful behaviour of children towards their parents is a very great provocation to God our common Father; and, if men do not punish it, he will. Those are perfectly lost to all virtue, and abandoned to all wickedness, that have broken through the bonds of filial reverence and duty to such a degree as in word or action to abuse their own parents. What yoke will those bear that have shaken off this? Let children take heed of entertaining in their minds any such thought or passions towards their parents as savour of undutifulness and contempt; for the righteous God searches the heart.
III. Here is a law against man-stealing (Exo 21:16): He that steals a man (that is, a person, man, woman, or child), with design to sell him to the Gentiles (for no Israelite would buy him), was adjudged to death by this statute, which is ratified by the apostle (Ti1 1:10), where men-stealers are reckoned among those wicked ones against whom laws must be made by Christian princes.
IV. Care is here taken that satisfaction be made for hurt done to a person, though death do not ensue, Exo 21:18, Exo 21:19. He that did the hurt must be accountable for damages, and pay, not only for the cure, but for the loss of time, to which the Jews add that he must likewise give some recompence both for the pain and for the blemish, if there were any.
V. Direction is given what should be done if a servant died by his master's correction. This servant must not be an Israelite, but a Gentile slave, as the negroes to our planters; and it is supposed that he smite him with a rod, and not with any thing that was likely to give a mortal wound; yet, if he died under his hand, he should be punished for his cruelty, at the discretion of the judges, upon consideration of circumstances, Exo 21:20. But, if he continued a day or two after the correction given, the master was supposed to suffer enough by losing his servant, Exo 21:21. Our law makes the death of a servant, by his master's reasonable beating of him, but chance-medley. Yet let all masters take heed of tyrannizing over their servants; the gospel teaches them even to forbear and moderate threatenings (Eph 6:9), considering with holy Job, What shall I do, when God riseth up? Job 31:13-15.
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SUMMARY
Exodus 21:16 establishes a severe legal mandate within the Mosaic Law, prescribing capital punishment for anyone who steals a human being, sells them, or is found in possession of them. This decree profoundly underscores the sanctity of human life and liberty, distinguishing the theft of a person as an offense of unparalleled gravity, far exceeding property crimes, and establishing a foundational principle against human trafficking and forced enslavement within ancient Israelite society.
CONTEXT
EXPOSITION AND ANALYSIS
Key Word Analysis
Verse Breakdown
Literary Devices
The verse primarily employs Legal Prescription, delivering a clear, unambiguous command regarding a capital offense. The directness of the language leaves no room for misinterpretation regarding the severity of man-stealing. There is also a strong element of Contrast implied within the broader context of the Book of the Covenant; while other laws address property theft with restitution or lesser penalties, the unique and absolute penalty for stealing a person highlights the immeasurable value of human life and liberty over material possessions. The Hebrew construction for "he shall surely be put to death" utilizes an Infinitive Absolute (môt yûmat), which serves as an Emphatic Repetition, reinforcing the absolute, non-negotiable, and certain nature of the prescribed punishment. This linguistic device underscores the gravity of the offense in the strongest possible terms.
THEOLOGICAL AND THEMATIC CONNECTIONS
Exodus 21:16 stands as a profound declaration of the sanctity of human life and the inherent dignity of every individual, created in God's image. It unequivocally condemns the commodification and enslavement of human beings, viewing such acts not merely as property crimes but as direct affronts to God's design and sovereignty. The capital punishment prescribed underscores the immeasurable value God places on human freedom and personhood, distinguishing it from all other forms of theft. This law serves as a foundational ethical principle against human trafficking and forced labor, reflecting a divine abhorrence for any system that treats a person as chattel. It is a testament to God's character as a liberator and a champion of justice for the oppressed.
REFLECTION AND APPLICATION
Exodus 21:16, though an ancient legal statute, resonates with powerful contemporary relevance, calling us to a profound respect for human dignity and an active stand against injustice. It reminds us that human beings are not commodities to be bought, sold, or exploited, but image-bearers of God, endowed with inherent worth and the right to freedom. In a world still grappling with modern forms of slavery, including human trafficking, forced labor, and exploitation, this verse serves as a divine indictment against all who would dehumanize and oppress others. It compels believers to advocate for the vulnerable, to support initiatives that combat these evils, and to champion the cause of liberty for all people. Our faith demands that we not only recognize but also actively defend the intrinsic value of every individual, reflecting God's own heart for justice and freedom. This ancient command challenges us to examine our own complicity, direct or indirect, in systems that diminish human worth and to actively participate in God's redemptive work of liberation in the world today.
Questions for Reflection
FAQ
What is the difference between "man-stealing" in Exodus 21:16 and indentured servitude in ancient Israel?
Answer: Exodus 21:16 condemns the violent abduction or kidnapping of a free person, treating them as property to be sold or held against their will. This was a capital offense. Indentured servitude, as described elsewhere in the Mosaic Law (e.g., Exodus 21:2-11 or Leviticus 25:39-43), was a legal, temporary arrangement. It typically involved individuals selling themselves or their labor due to debt or poverty, often for a limited period (e.g., six years for a Hebrew servant, as in Exodus 21:2), with specific protections and the expectation of release. The key distinction lies in the consent of the individual and the temporary, regulated nature of the arrangement versus the violent, non-consensual, and permanent commodification of a person. Man-stealing was a crime against humanity; indentured servitude was a regulated economic practice within the legal framework, albeit one that still required careful ethical consideration.
CHRIST-CENTERED FULFILLMENT
Exodus 21:16, with its severe condemnation of man-stealing, powerfully foreshadows the ultimate liberation brought about by Christ. While the Old Testament law addresses the physical enslavement of human beings, the New Testament reveals a deeper, spiritual bondage from which humanity needs deliverance: slavery to sin and death (as articulated in Romans 6:6 and Hebrews 2:14-15). Jesus Christ, the true Lamb of God, did not merely condemn man-stealing; He came to "proclaim liberty to the captives" (a theme echoed from Isaiah 61:1 and quoted by Jesus in Luke 4:18). He paid the ultimate ransom with His own life, not to purchase human beings into servitude, but to redeem them from the dominion of darkness and transfer them into His kingdom of light (as described in Colossians 1:13-14). Thus, Christ is the fulfillment of this law's spirit, not just in condemning physical oppression, but in securing the spiritual freedom and restoration of dignity for all who believe, setting them free from the ultimate enslaver, sin, and its consequences (as promised in John 8:36). His sacrifice underscores the infinite value of every human soul, a value so great that it required the very life of God's Son to redeem.