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Commentary on Exodus 21 verses 22–36
Observe here,
I. The particular care which the law took of women with child, that no hurt should be done them which might occasion their mis-carrying. The law of nature obliges us to be very tender in that case, lest the tree and fruit be destroyed together, Exo 21:22, Exo 21:23. Women with child, who are thus taken under the special protection of the law of God, if they live in his fear, may still believe themselves under the special protection of the providence of God, and hope that they shall be saved in child-bearing. On this occasion comes in that general law of retaliation which our Saviour refers to, Mat 5:38, An eye for an eye. Now, 1. The execution of this law is not hereby put into the hands of private persons, as if every man might avenge himself, which would introduce universal confusion, and make men like the fishes of the sea. The tradition of the elders seems to have put this corrupt gloss upon it, in opposition to which our Saviour commands us to forgive injuries, and not to meditate revenge, Mat 5:39. 2. God often executes it in the course of his providence, making the punishment, in many cases, to answer to the sin, as Jdg 1:7; Isa 33:1; Hab 2:13; Mat 26:52. 3. Magistrates ought to have an eye to this rule in punishing offenders, and doing right to those that are injured. Consideration must be had of the nature, quality, and degree of the wrong done, that reparation may be made to the party injured, and others deterred from doing the like; either an eye shall go for an eye, or the forfeited eye shall be redeemed by a sum of money. Note, He that does wrong must expect one way or other to receive according to the wrong he has done, Col 3:25. God sometimes brings men's violent dealings upon their own heads (Psa 7:16); and magistrates are in this the ministers of the justice, that they are avengers (Rom 13:4), and they shall not bear the sword in vain.
II. The care God took of servants. If their masters maimed them, though it was only striking out a tooth, that should be their discharge, Exo 21:26, Exo 21:27. This was intended, 1. To prevent their being abused; masters would be careful not to offer them any violence, lest they should lose their service. 2. To comfort them if they were abused; the loss of a limb should be the gaining of their liberty, which would do something towards balancing both the pain and disgrace they underwent. Nay,
III. Does God take care for oxen? Yes, it appears by the following laws in this chapter that he does, for our sakes, Co1 9:9, Co1 9:10. The Israelites are here directed what to do,
1.In case of hurt done by oxen, or any other brute-creature; for the law, doubtless, was designed to extend to all parallel cases. (1.) As an instance of God's care of the life of man (though forfeited a thousand times into the hands of divine justice), and in token of his detestation of the sin of murder. If an ox killed any man, woman, or child, the ox was to be stoned (Exo 21:28); and, because the greatest honour of the inferior creatures is to be serviceable to man, the criminal is denied that honour: his flesh shall not be eaten. Thus God would keep up in the minds of his people a rooted abhorrence of the sin of murder and every thing that was barbarous. (2.) To make men careful that none of their cattle might do hurt, but that, by all means possible, mischief might be prevented. If the owner of the beast knew that he was mischievous, he must answer for the hurt done, and, according as the circumstances of the case proved him to be more or less accessory, he must either be put to death or ransom his life with a sum of money, Exo 21:29-32. Some of our ancient books make this felony, by the common law of England, and give this reason, "The owner, by suffering his beast to go at liberty when he knew it to be mischievous, shows that he was very willing that hurt should be done." Note, It is not enough for us not to do mischief ourselves, but we must take care that no mischief be done by those whom it is in our power to restrain, whether man or beast.
2.In case of hurt done to oxen, or other cattle. (1.) If they fall into a pit, and perish there, he that opened the pit must make good the loss, Exo 21:33, Exo 21:34. Note, We must take heed not only of doing that which will be hurtful, but of doing that which may be so. It is not enough not to design and devise mischief, but we must contrive to prevent mischief, else we become accessory to our neighbours' damage. Mischief done in malice is the great transgression; but mischief done through negligence, and for want of due care and consideration, is not without fault, but ought to be reflected upon with great regret, according as the degree of the mischief is: especially we must be careful that we do nothing to make ourselves accessory to the sins of others, by laying an occasion of offence in our brother's way, Rom 14:13. (2.) If cattle fight, and one kill another, the owners shall equally share in the loss, Exo 21:35. Only if the beast that had done the harm was known to the owner to have been mischievous he shall answer for the damage, because he ought either to have killed him or kept him up, Exo 21:36. The determinations of these cases carry with them the evidence of their own equity, and give such rules of justice as were then, and are still, in use, for the decision of similar controversies that arise between man and man. But I conjecture that these cases might be specified, rather than others (though some of them seem minute), because they were then cases in fact actually depending before Moses; for in the wilderness where they lay closely encamped, and had their flocks and herds among them, such mischiefs as these last mentioned were likely enough to occur. That which we are taught by these laws is that we should be very careful to do no wrong, either directly or indirectly; and that, if we have done wrong, we must be very willing to make satisfaction, and desirous that nobody may lose by us.
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SUMMARY
Exodus 21:27, nestled within the foundational legal framework of the Book of the Covenant, delineates a revolutionary principle for ancient Israelite society: should a master inflict permanent bodily harm, specifically the loss of a tooth, upon a manservant or maidservant, the injured individual is immediately granted freedom. This statute powerfully underscores God's profound concern for human dignity, the sacredness of the body, and the protection of the vulnerable, asserting that inherent human worth supersedes property rights, thereby demonstrating a unique and compassionate form of divine justice unparalleled in the ancient world.
CONTEXT
Literary Context: This verse is an integral part of the "Book of the Covenant" (Exodus 21-23), a detailed collection of civil and ceremonial laws that God delivered to Moses immediately after the Ten Commandments. Specifically, it falls within a section (Exodus 21:1-32) that addresses the treatment of various social groups and personal injury. The preceding verses establish regulations concerning Hebrew servants (such as in Exodus 21:1-11), capital offenses (e.g., Exodus 21:12-17), and various forms of compensation for bodily harm. Notably, Exodus 21:26 directly precedes this verse, stipulating freedom for the loss of an eye, thereby setting a clear precedent for the tooth injury in Exodus 21:27. These laws collectively reveal a legal system that, in stark contrast to its contemporaries, placed significant and often surprising value on human life and bodily integrity, even for those in servitude.
Historical & Cultural Context: In the broader ancient Near East, societies generally viewed slaves and servants as chattel, mere property with very limited, if any, inherent rights. Legal codes such as the Code of Hammurabi often prescribed monetary compensation for injuries to slaves, payable to the owner, but almost never freedom. The Mosaic Law, however, as evidenced throughout Exodus 21, introduces a revolutionary concept: the physical integrity of a servant is so highly valued that a permanent injury, even one seemingly minor like the loss of a tooth, warrants the ultimate restitution of freedom. This radical approach is deeply rooted in Israel's unique covenant relationship with God, who liberated them from the oppressive slavery of Egypt (a narrative powerfully 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), thereby instilling a profound theological basis for valuing liberty and protecting the vulnerable within their own society. The law's equitable application to both male and female servants further underscores its progressive and just nature.
Key Themes: Exodus 21:27 contributes significantly to several overarching theological and narrative themes within the Book of the Covenant and the Pentateuch. Foremost among these is the theme of Divine Justice and Equity, demonstrating God's unwavering commitment to fairness and the protection of the marginalized, even when it challenges prevailing societal norms. It also highlights the Sanctity of Human Dignity, asserting that every individual, regardless of their social or economic status, possesses inherent worth as an image-bearer of God, a concept foundational to biblical anthropology (as seen in Genesis 1:26-27). Furthermore, the law underscores the Value of Liberty, portraying freedom not merely as an absence of bondage but as a divinely ordained state of being, reflecting Israel's own experience of liberation from slavery. Finally, it addresses the theme of Accountability and Restitution, establishing clear consequences for abuse of power and mandating a form of restitution that prioritizes human well-being over economic loss.
EXPOSITION AND ANALYSIS
Key Word Analysis
Verse Breakdown
Literary Devices
Exodus 21:27 primarily functions as a piece of Casuistic Law, characterized by its "if...then" (or "when...then") structure. This legal form presents specific case scenarios and their prescribed consequences, making the law clear, practical, and directly applicable to real-life situations. This contrasts with apodictic law, which consists of absolute commands. The law also employs powerful Symbolism: the tooth, though seemingly a minor bodily part, symbolizes the servant's bodily integrity and inherent human dignity. Its permanent loss represents a profound violation of that dignity, warranting the ultimate restitution of freedom. This symbolic weight elevates the injury beyond mere physical damage to a breach of fundamental human rights. Furthermore, there is a clear element of Inversion of Power at play; what might appear to be a relatively minor injury inflicted by a powerful master results in a severe consequence for the master (loss of property) and a liberating outcome for the vulnerable servant (gain of freedom), thereby radically rebalancing the power dynamic in favor of the oppressed.
THEOLOGICAL AND THEMATIC CONNECTIONS
This law profoundly reveals God's character as a just and compassionate sovereign who champions the cause of the vulnerable and marginalized. It establishes that human beings, even those in servitude, possess inherent dignity and value because they are created in God's image, a theological truth that transcends social status or economic utility. The granting of freedom for a bodily injury, however seemingly minor, underscores the sanctity of the human body and the supreme value of liberty as a divine gift. This principle contrasts sharply with the norms of the ancient world, demonstrating God's unique standard of justice that prioritizes the well-being and rights of the individual over the property rights of the master. It serves as a foundational declaration of human worth under divine law, reflecting God's own act of liberating Israel from bondage.
REFLECTION AND APPLICATION
Exodus 21:27, though rooted in an ancient legal context, offers timeless principles that profoundly challenge and inform our contemporary understanding of justice, human dignity, and the responsible exercise of power. It compels us to recognize the inherent worth of every individual, irrespective of their social standing, economic status, or perceived utility in society. In a world where exploitation, marginalization, and abuse of power persist in various forms, this verse serves as a powerful reminder of God's unwavering concern for the oppressed and His call for His people to actively uphold justice. It demands that those in positions of authority—whether employers, leaders, parents, or even simply those with greater influence—exercise their power with profound responsibility, compassion, and a deep respect for the dignity of those under their care. We are called to understand that accountability for mistreatment is not merely a human construct but a divine imperative. Ultimately, this passage calls us to actively advocate for and protect the rights and well-being of the vulnerable in our own communities, ensuring that no one is treated as mere property or a means to an end, but always as a person created in the sacred image of God.
Questions for Reflection
FAQ
Why is the loss of a tooth specifically mentioned, and why is it considered so severe that it warrants freedom?
Answer: The specific mention of a tooth, alongside an eye in the preceding verse (Exodus 21:26), highlights that any permanent bodily disfigurement or loss, even if not immediately life-threatening, was considered a grave violation of a person's physical integrity and dignity. In ancient societies, a missing tooth could significantly affect one's appearance, ability to eat, and overall social standing, marking a permanent injury that diminished the individual. Unlike many ancient Near Eastern laws that would only require monetary compensation for such an injury to a servant (treating them as property), the Mosaic Law demands freedom as restitution. This emphasizes that the servant is not mere property; their bodily integrity and personal liberty are of such high value in God's eyes that their violation results in the ultimate consequence for the master: the loss of their "property" and the servant's complete liberation. It underscores God's unique concern for the inherent worth of every human being, reflecting His own act of liberating Israel from bondage.
How does this law compare to other ancient legal codes regarding servants?
Answer: The law in Exodus 21:27 is remarkably progressive and compassionate when compared to most other ancient Near Eastern legal codes, such as the Code of Hammurabi or the Middle Assyrian Laws. In those codes, injuries to slaves typically resulted in monetary fines paid to the owner, treating the slave as property rather than an individual with inherent rights. For instance, if a man knocked out the tooth of a commoner, Hammurabi's code might prescribe a fine, but if it was a slave, the fine would be significantly less, and paid directly to the slave's owner. The Mosaic Law, however, elevates the servant's status by granting them freedom for such an injury. This unique provision reflects Israel's foundational experience of liberation from slavery (as seen 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) and God's theological emphasis on human dignity and liberty, setting it apart as a truly revolutionary legal framework for its time.
CHRIST-CENTERED FULFILLMENT
Exodus 21:27, with its radical emphasis on the dignity of the vulnerable and the liberating power of justice, finds its ultimate and most profound fulfillment in Jesus Christ. While the Mosaic Law provided physical freedom from an earthly master for a bodily injury, Christ offers a far more expansive and eternal liberation: freedom from the spiritual bondage of sin and the ultimate tyranny of death. Just as the law protected the "manservant" and "maidservant" from abuse and exploitation, Jesus consistently championed the marginalized, the outcast, and the oppressed throughout His earthly ministry, demonstrating the very heart of God for those considered least in society (as powerfully articulated in Matthew 25:40). He did not merely advocate for their rights but entered into their suffering, ultimately sacrificing Himself on the cross to secure true and lasting freedom for all who believe (a truth proclaimed in John 8:36). In Christ, the social distinctions of status, gender, or servitude that were addressed by the Mosaic Law are transcended, for "there is neither Jew nor Gentile, neither slave nor free, nor is there male and female, for you are all one in Christ Jesus" (Galatians 3:28). His redemptive work liberates us not for a tooth's sake, but for the sake of our very souls, transforming us from slaves to sin into servants of righteousness and co-heirs of eternal life (Romans 6:18).