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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 21:18 initiates a specific case law within the "Book of the Covenant," detailing the scenario of a non-fatal physical assault. This verse describes a situation where two individuals engage in a physical dispute, and one strikes the other with an object or a fist, causing an injury that, while not resulting in death, is severe enough to confine the victim to bed. It establishes the foundational conditions for subsequent legal provisions that mandate restitution and compensation from the aggressor, thereby articulating crucial principles of justice, personal accountability, and the inherent value of human well-being within ancient Israelite society.
CONTEXT
EXPOSITION AND ANALYSIS
Key Word Analysis
Verse Breakdown
Literary Devices
Exodus 21:18 primarily employs Casuistic Law, a prevalent legal form in the ancient Near East, characterized by its "if... then..." structure. This format clearly defines specific scenarios and their corresponding legal consequences, providing a precise and actionable framework for judicial application. The verse also utilizes Vivid Imagery through its detailed description of the assault ("with a stone, or with [his] fist") and its immediate outcome ("keepeth his bed"). This concrete language paints a clear picture of the incident, making the law relatable and its implications readily understandable. Furthermore, the progression from the general context of "men strive together" to the specific means of injury and then to the precise outcome of being bedridden demonstrates a logical and Categorical Classification of offenses, moving from the broad circumstances of a dispute to the exact nature of the harm and its immediate result. This precision ensures that the law is applied fairly and consistently based on the observable effects of the action.
THEOLOGICAL AND THEMATIC CONNECTIONS
Exodus 21:18, while a specific civil law for ancient Israel, profoundly embeds theological principles concerning the sanctity of human life, the imperative of justice, and the demand for personal accountability. Unlike many ancient Near Eastern codes, God's law consistently elevates the value of individual well-being and seeks to restore the injured party, reflecting His character as a God of order, righteousness, and compassion. It underscores that even non-fatal harm has significant consequences and necessitates a just resolution, demonstrating God's meticulous concern for the welfare of His covenant people and His desire for a society built on fairness and respect. The principle of restitution for harm, rather than solely punitive measures, highlights a restorative aspect of biblical justice, aiming to make the victim whole.
REFLECTION AND APPLICATION
This ancient law, though specific to Israel's civil code, offers timeless principles for contemporary life. It calls us to recognize the profound value of every human life and to act with a deep sense of personal responsibility for our actions, even those that might seem spontaneous or unintentional. The principle that "he who smites" is accountable for the victim's recovery challenges us to consider the full and often unseen impact of our words and deeds, not just their immediate effect. In a world often marked by casual violence, both physical and verbal, this verse reminds us that God's standard demands meticulous care for others' well-being and a commitment to making amends when harm is done. It encourages us to pursue reconciliation and restoration, prioritizing the healing of the injured and the rectification of wrongs, rather than solely focusing on punishment or retribution. This passage invites us to cultivate a culture of empathy, where we are mindful of how our actions affect others and are prepared to take responsibility for any harm caused, fostering true community and justice.
Questions for Reflection
FAQ
What is the "Book of the Covenant" and why is Exodus 21:18 part of it?
Answer: The "Book of the Covenant" refers to the collection of laws found in Exodus 20:22-23:33. It represents God's detailed instructions for how the Israelites were to live as a holy nation, applying the broad moral principles of the Ten Commandments to specific situations in their daily lives. Exodus 21:18 is part of this collection because it provides a specific case law concerning personal injury, demonstrating how justice was to be administered in cases of non-fatal assault, ensuring fairness and protecting individuals within the community.
Does this verse imply that all fights are equally punishable?
Answer: No, this verse, particularly when read in conjunction with the preceding and succeeding verses, highlights the nuanced nature of Israelite law. Exodus 21:12-17 deals with capital offenses like murder, which carry the death penalty. Exodus 21:18, however, specifically addresses non-fatal injuries where the victim "die not." The subsequent verse, Exodus 21:19, then outlines the specific financial restitution required, indicating that the punishment is proportionate to the harm caused and the intent (or lack thereof) to kill. The law distinguishes between degrees of harm and aims for a just, rather than uniform, response.
CHRIST-CENTERED FULFILLMENT
While Exodus 21:18 details a civil law for ancient Israel, its underlying principles find profound Christ-centered fulfillment in the New Testament. The law's concern for the injured and its demand for restitution foreshadow the ultimate act of restoration found in Jesus Christ. Humanity, through sin, has "smitten" God's perfect creation, resulting in spiritual incapacitation and separation, akin to "keeping one's bed" in spiritual death (Romans 3:23). Yet, God, in His infinite mercy, did not allow us to "die" eternally without a remedy. Instead, He sent His Son, Jesus, who bore the full consequences of humanity's spiritual injury and sin on the cross (2 Corinthians 5:21). Through His atoning sacrifice, Jesus provides the ultimate "restitution," not merely covering our losses but offering complete healing and spiritual resurrection (Ephesians 2:4-5). He pays the "cost" of our sin, enabling us to rise from our spiritual beds of incapacitation and walk in newness of life (Romans 6:4). Thus, the law's emphasis on making the injured whole points forward to Christ, the Great Physician, who offers complete restoration and reconciliation, fulfilling the deepest longing for justice and healing that the Old Testament law could only foreshadow (Colossians 1:19-20).