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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 21:33, situated within the "Book of the Covenant," articulates a foundational civil law concerning accountability for negligence. This verse meticulously outlines a specific scenario where an individual's failure to secure a potential hazard—a dug or opened pit—results in harm to another's valuable livestock. It profoundly underscores the principle that personal responsibility extends to preventing foreseeable dangers, thereby laying the groundwork for a just society where individuals are held liable for the consequences of their carelessness, ultimately protecting communal well-being and property.
CONTEXT
EXPOSITION AND ANALYSIS
Key Word Analysis
Verse Breakdown
Literary Devices
Exodus 21:33 is a prime example of Casuistic Law, characterized by its "if...then" structure (though the "then" clause is implied and completed in the following verse). This legal format presents specific cases and their prescribed outcomes, making the law concrete and applicable to real-life situations. The verse also employs Repetition ("open a pit, or if a man shall dig a pit") which serves to emphasize the range of ways a hazardous pit might be created, ensuring the law's broad applicability. Furthermore, the mention of "an ox or an ass" can be seen as a form of Merism or Synecdoche, representing the general category of valuable livestock or property. By naming two prominent examples, the text implies protection for all similar assets, highlighting the law's concern for protecting a neighbor's economic well-being and livelihood.
THEOLOGICAL AND THEMATIC CONNECTIONS
This seemingly simple civil law in Exodus 21:33 profoundly reflects God's character and His desire for a just and compassionate society. It reveals a divine concern for order, personal responsibility, and the protection of one's neighbor's livelihood. God, as the ultimate Lawgiver, establishes principles that prevent harm and ensure restitution, demonstrating that true righteousness extends beyond ritual observance to practical, ethical living. This law underscores the sanctity of property and the communal obligation to act with foresight and diligence, preventing harm to others. It is an embodiment of the broader biblical command to love one's neighbor, as neglecting their safety or property is antithetical to genuine love, reflecting the very heart of God's covenant relationship with His people.
REFLECTION AND APPLICATION
Exodus 21:33, though set in an ancient agrarian context, offers timeless principles of responsibility and due diligence that resonate deeply in our modern world. It calls us to consider the far-reaching consequences of our actions and inactions, urging us to be mindful stewards of our environments, resources, and even our digital footprints. Just as an ancient Israelite was responsible for covering a physical pit, we are called to identify and mitigate potential "pits" in our contemporary lives—whether they are unsafe conditions in our homes or workplaces, unaddressed risks in our communities, or even the careless spread of misinformation online. This verse challenges us to move beyond mere compliance to a proactive posture of care, recognizing that our negligence can cause tangible harm to others, their property, and their well-being. It encourages a culture of accountability where we not only prevent harm but are also prepared to make amends when our oversight leads to loss. This ancient wisdom compels us to cultivate a heightened awareness of our impact on those around us, fostering a community built on mutual respect and diligent care.
Questions for Reflection
FAQ
Why is this law included in the Bible?
Answer: This law, like many in the "Book of the Covenant" (Exodus 21-23), is included to establish a framework for a just and orderly society that reflects God's character. It demonstrates God's concern for the protection of property, the prevention of harm, and the principle of personal accountability. It teaches that individuals are responsible for the foreseeable consequences of their actions and inactions, fostering a community where neighbors are expected to act with care and consideration for one another's well-being and livelihood.
What was the value of an ox or an ass in ancient Israel?
Answer: Oxen and asses were incredibly valuable assets in ancient Israelite society, representing significant wealth and serving as essential components of a family's economic stability. An ox was crucial for plowing fields, threshing grain, and other heavy agricultural labor, directly impacting food production and sustenance. An ass was vital for transportation of goods and people, especially in mountainous terrain. The loss of either animal due to negligence would have been a severe economic blow, potentially jeopardizing a family's ability to farm, trade, or even survive. This is why the law mandates restitution for such losses, underscoring their importance in the daily life and economy of the time.
Does this law apply to accidental harm today, or only to intentional acts?
Answer: While the specific context is ancient, the underlying principle of Exodus 21:33 is highly relevant to modern understandings of negligence and liability for accidental harm. The key phrase "and not cover it" clearly points to an act of omission or carelessness, not an intentional act of malice. This law, therefore, directly addresses negligence—the failure to exercise reasonable care to prevent harm. In modern legal systems, this principle forms the basis for tort law, where individuals or entities can be held liable for damages caused by their negligence, whether it's a slip-and-fall accident, a poorly maintained property, or a failure to warn of a known hazard. The Bible, through this law, establishes a timeless ethical standard for responsible conduct in community.
CHRIST-CENTERED FULFILLMENT
While Exodus 21:33 addresses civil liability for negligence, its underlying principles find profound Christ-centered fulfillment. Jesus did not come to abolish the Law but to fulfill it (Matthew 5:17), not just by perfectly obeying its every command, but by embodying its ultimate spirit of love, justice, and responsibility. The law's concern for preventing harm to a neighbor's property and livelihood foreshadows Christ's radical call to love one's neighbor as oneself (Matthew 22:39), which extends to protecting their well-being in every dimension. Furthermore, just as the law holds individuals accountable for the "pits" they leave uncovered, Christ, as the perfect Lamb of God, took upon Himself the ultimate responsibility for the "pit" of sin that separates humanity from God. He "covered" our sin through His atoning sacrifice, bearing the consequences of our spiritual negligence and rebellion (2 Corinthians 5:21). Through Him, we are offered not just restitution for harm, but complete redemption from the ultimate spiritual debt. The Kingdom of God, inaugurated by Christ, is characterized by a righteousness that far exceeds mere legal compliance, calling believers to a proactive, Spirit-empowered love that seeks to prevent harm and promote flourishing for all, reflecting the very heart of God's perfect justice and boundless grace (Romans 13:8-10).