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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 21:20 is a foundational statute within the "Book of the Covenant," establishing a severe legal consequence for a master who causes the death of a servant or maid through physical assault. This law powerfully underscores God's unwavering commitment to impartial justice, the inherent sanctity of human life regardless of social status, and the strict limits placed on authority, even within the master-servant relationship in ancient Israel. It stands as a profound declaration that all individuals are ultimately accountable before God for their actions, particularly concerning violence against the vulnerable and the abuse of power.
CONTEXT
EXPOSITION AND ANALYSIS
Key Word Analysis
Verse Breakdown
Literary Devices
Exodus 21:20 employs several significant literary devices that amplify its message and underscore its legal and theological weight. The primary device is Legal Precision, evident in the meticulous delineation of the scenario ("if a man smite... with a rod, and he die under his hand") and the unequivocal consequence ("he shall be surely punished"). This precise, unambiguous language is characteristic of covenant law, leaving no doubt about the offense or the certainty of its retribution. There is also an implicit Contrast with the prevailing legal and cultural practices of surrounding ancient Near Eastern societies, where the life of a servant often held significantly less value. This contrast highlights the unique ethical framework of Israel's God-given law, which elevates the dignity of all human life. Finally, the use of the emphatic Hebrew construction for "surely punished" (נָקֹם יִנָּקֵם, naqom yinaqem) serves as a strong Emphasis, underscoring the absolute certainty and severity of the divine judgment, reinforcing both the sanctity of life and the accountability of those in positions of power.
THEOLOGICAL AND THEMATIC CONNECTIONS
Exodus 21:20 stands as a profound theological statement on the sanctity of human life and the unwavering nature of divine justice. It unequivocally reveals God's impartial concern for all human beings, regardless of their social or economic standing. The law establishes that life, a sacred gift from the Creator, is not to be arbitrarily taken, even by those in positions of authority. It fundamentally limits the power of masters, demonstrating that their dominion over servants does not extend to the right to inflict lethal violence. This statute underscores God's character as a righteous and just judge who holds all people accountable for their actions, especially when they involve the abuse of power and the shedding of innocent blood. It reflects a core biblical principle: God is a steadfast defender of the vulnerable and oppressed, ensuring that justice is meted out even when societal structures might otherwise permit impunity or overlook the suffering of the marginalized.
REFLECTION AND APPLICATION
While the specific social structures of ancient Israelite servitude are not directly replicated in most modern societies, the timeless principles embedded in Exodus 21:20 remain profoundly relevant for contemporary life. This verse calls us to a deep and searching reflection on how we exercise authority, treat those under our care, and uphold the inherent dignity of every human being. It challenges any notion that power or position grants impunity for abuse, exploitation, or violence. In our workplaces, families, communities, and global interactions, we are called to recognize the intrinsic value of all people, particularly those who may be economically, socially, or physically vulnerable, or those who are dependent on our leadership or provision. This ancient law serves as a powerful reminder that God is a God of justice who sees and hears the cries of the oppressed, demanding that we, as His followers, actively advocate for and protect the rights and dignity of every individual, striving to create societies where no one is subjected to violence or exploitation, and where accountability for harm is consistently and impartially upheld.
Questions for Reflection
FAQ
What was the typical status of a "servant" or "maid" in ancient Israel, and how did it differ from other ancient Near Eastern cultures?
Answer: In ancient Israel, the terms "servant" (עֶבֶד, ʻebed) and "maid" (אָמָה, ʼâmâh) referred to individuals in various forms of servitude, which was often distinct from chattel slavery as commonly understood in other cultures. Many were "bondservants" who entered servitude voluntarily due to debt, poverty, or as a form of indentured labor, often for a limited period (e.g., six years, as detailed in Exodus 21:2). Others might have been foreign captives or children sold by their parents in extreme poverty. While under the authority of their master, Israelite law provided significant protections, including the right to freedom after a set period, provisions for their well-being, and severe penalties for abuse. This contrasts sharply with many surrounding ancient Near Eastern cultures (like Babylon, as seen in the Code of Hammurabi) where enslaved persons were often considered mere property, and masters had far more absolute power, including the right to inflict death with little or no legal consequence. The Israelite law, therefore, uniquely elevated the status and protection of servants, reflecting God's distinct concern for human dignity and justice.
What kind of "punishment" did the master face, given that it's not explicitly stated as "life for life" in this verse?
Answer: While Exodus 21:20 states "he shall be surely punished" (נָקֹם יִנָּקֵם, naqom yinaqem), it does not explicitly detail the punishment as "life for life" (נֶפֶשׁ תַּחַת נָפֶשׁ, nephesh takhat nephesh) as seen in Exodus 21:23. However, the emphatic nature of the Hebrew verb nâqam (to avenge, to take vengeance) strongly suggests a severe, divinely mandated retribution. Given the context of capital offenses in the surrounding verses (e.g., Exodus 21:12 explicitly states that one who strikes a man so that he dies "shall be surely put to death"), it is highly probable that the master who caused the death of a servant would face the death penalty. The Law consistently treated the unlawful taking of a human life, regardless of the victim's social status, as a capital crime. The absence of an immediate "life for life" phrasing here might imply that the exact form of capital punishment or other severe penalty (e.g., exile to a city of refuge if the death was truly accidental and without malice, though the use of a "rod" suggests otherwise) would be determined by the judges based on the specifics of the case, but the certainty of grave punishment for the master's action was absolute and non-negotiable.
CHRIST-CENTERED FULFILLMENT
Exodus 21:20, with its radical protection of the vulnerable and its insistence on justice for the oppressed, finds its ultimate fulfillment and deepest meaning in Jesus Christ. While the Old Testament law exposed humanity's inability to perfectly uphold God's righteous standards and provided a shadow of His justice, Christ embodies the perfect fulfillment of divine justice and mercy. He is the one who truly identifies with the marginalized and the suffering, declaring in Matthew 25:40 that whatever is done "to one of the least of these brothers of mine, you did it to me." Jesus, the Lamb of God, willingly submitted to the ultimate injustice, suffering death at the hands of those in power, yet through His sacrifice, He secured true justice and redemption for all who believe (Romans 3:25-26). His life and ministry consistently championed the dignity of every individual, challenging oppressive systems and calling His followers to love their neighbors as themselves (Mark 12:31). Thus, the spirit of Exodus 21:20—God's unwavering commitment to the sanctity of life and the accountability of those who abuse power—is perfectly realized in Christ, who not only upholds justice but also provides the means for humanity's reconciliation with a just and holy God, and empowers His followers to pursue justice and mercy in His name.