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Public-domain commentary
Matthew Henry
From his Commentary on the Whole Bible. Henry comments on passages, not single verses — this entry covers Exodus 21:12–21. His two-level outline is real structure in the source text, so it is rendered as structure.
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
Literary Context
This verse is situated within the "Book of the Covenant" (Exodus 21, Exodus 22, Exodus 23), which immediately follows the giving of the Ten Commandments on Mount Sinai in Exodus 20. After establishing the foundational moral and spiritual principles for the nascent nation, God provides a detailed corpus of civil and criminal laws designed to govern daily life in Israel. These statutes cover a wide range of issues, including personal injury, property rights, and social justice. Exodus 21 specifically addresses laws concerning servants, personal injury, and capital offenses. Verse 16 stands as a stark declaration, following laws on violence and preceding others on property damage, highlighting the unique and severe nature of crimes against human freedom and dignity. It differentiates between the taking of property and the incomparably graver act of taking a person, underscoring the inherent value of human life within God's legal framework.
Historical & Cultural Context
In the ancient Near East, various forms of servitude and slavery were common, often arising from debt, war, or birth. However, the Israelite law, as revealed in Exodus, introduced significant distinctions and protections not typically found in surrounding cultures. While indentured servitude for debt or poverty was permitted under specific, temporary conditions (e.g., Exodus 21:2-11), the deliberate kidnapping and selling of a free person was unequivocally condemned. This law reflects God's unique covenant relationship with Israel, a people recently delivered from brutal slavery in Egypt (as recounted in Exodus 1, Exodus 2, Exodus 3, Exodus 4, Exodus 5, Exodus 6, Exodus 7, Exodus 8, Exodus 9, Exodus 10, Exodus 11, Exodus 12, Exodus 13, Exodus 14, Exodus 15). Having experienced the profound injustice of enslavement firsthand, Israel was to be a society where human dignity, particularly freedom, was fiercely protected. The capital penalty for man-stealing was a powerful deterrent, signaling that such an act was not merely a property offense but an assault on a person's very being, created in the image of God (as seen in Genesis 1:27).
Key Themes
This verse contributes significantly to several key themes within Exodus and the broader Pentateuch. Foremost is the Sanctity of Human Life and Dignity, asserting that human beings, made in God's image, possess inherent worth that cannot be commodified or violated without severe consequence. It also reinforces the theme of Justice and Righteousness, demonstrating God's demand for a society that upholds equitable treatment and protects the vulnerable, in stark contrast to the oppressive systems of surrounding nations. Furthermore, it speaks to God's Deliverance and Redemption, reminding Israel of their own liberation from slavery and establishing a legal framework that prevents them from perpetrating similar injustices. This law is a direct application of the covenant principles, emphasizing that true freedom is a divine gift to be protected, not a commodity to be exploited.
Exposition and Analysis
Key Word Analysis
A primitive root meaning "to thieve (literally or figuratively); by implication, to deceive." When applied to a person, as in this verse, it specifically denotes kidnapping or abduction, treating a human being as an object to be unlawfully taken. This is distinct from property theft, highlighting the profound violation of personhood.
Meaning "a man as an individual or a male person." The inclusion of this word with "stealeth" makes it clear that the offense is the theft of a human being, emphasizing their individual identity and inherent value, rather than mere chattel. It underscores that the victim is a person, not property.
A primitive root meaning "to die (literally or figuratively); causatively, to kill." The phrase "he shall surely be put to death" uses a Hebrew infinitive absolute construction (môt yûmat), which emphatically stresses the certainty and severity of the capital punishment. This penalty signifies that man-stealing is considered an offense against life itself, akin to murder, due to its profound assault on human dignity and freedom.
Verse Breakdown
"And he that stealeth a man"
This clause identifies the primary perpetrator: anyone who unlawfully abducts or kidnaps another human being. The emphasis is on the act of taking a person, treating them as property rather than an individual with inherent dignity and freedom. This is the initial act of dehumanization.
"and selleth him"
This specifies the intent or outcome of the kidnapping—the commodification of a human being. Selling a person transforms them into an object of commerce, a profound violation of their personhood and God's design for humanity. This highlights the aspect of human trafficking, where individuals are treated as tradable goods.
"or if he be found in his hand"
This broadens the scope of culpability beyond the initial kidnapper and seller to include anyone found in possession of the abducted person. This means that even if a person did not directly kidnap or sell, but knowingly held a kidnapped individual, they were equally guilty, emphasizing the continuous nature of the crime and deterring the market for stolen persons. This clause ensures that all links in the chain of human trafficking are held accountable.
"he shall surely be put to death"
This prescribes the ultimate penalty—capital punishment. The severity of the punishment underscores the extreme gravity of the offense. It signifies that the crime of man-stealing is considered an assault on human dignity and liberty so profound that it warrants the forfeiture of the perpetrator's own life, akin to murder, reflecting the immeasurable value God places on human freedom.
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?
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.