Personal Injuries

      12“He who strikes a man so that he dies shall surely be put to death. 13“But if he did not lie in wait for him, but God let him fall into his hand, then I will appoint you a place to which he may flee. 14“If, however, a man acts presumptuously toward his neighbor, so as to kill him craftily, you are to take him even from My altar, that he may die.

      15“He who strikes his father or his mother shall surely be put to death.

      16“He who kidnaps a man, whether he sells him or he is found in his possession, shall surely be put to death.

      17“He who curses his father or his mother shall surely be put to death.

      18“If men have a quarrel and one strikes the other with a stone or with his fist, and he does not die but remains in bed, 19if he gets up and walks around outside on his staff, then he who struck him shall go unpunished; he shall only pay for his loss of time, and shall take care of him until he is completely healed.

      20“If a man strikes his male or female slave with a rod and he dies at his hand, he shall be punished. 21“If, however, he survives a day or two, no vengeance shall be taken; for he is his property.

      22“If men struggle with each other and strike a woman with child so that she gives birth prematurely, yet there is no injury, he shall surely be fined as the woman’s husband may demand of him, and he shall pay as the judges decide. 23“But if there is any further injury, then you shall appoint as a penalty life for life, 24eye for eye, tooth for tooth, hand for hand, foot for foot, 25burn for burn, wound for wound, bruise for bruise.

      26“If a man strikes the eye of his male or female slave, and destroys it, he shall let him go free on account of his eye. 27“And if he knocks out a tooth of his male or female slave, he shall let him go free on account of his tooth.

      28“If an ox gores a man or a woman to death, the ox shall surely be stoned and its flesh shall not be eaten; but the owner of the ox shall go unpunished. 29“If, however, an ox was previously in the habit of goring and its owner has been warned, yet he does not confine it and it kills a man or a woman, the ox shall be stoned and its owner also shall be put to death. 30“If a ransom is demanded of him, then he shall give for the redemption of his life whatever is demanded of him. 31“Whether it gores a son or a daughter, it shall be done to him according to the same rule. 32“If the ox gores a male or female slave, the owner shall give his or her master thirty shekels of silver, and the ox shall be stoned.

      33“If a man opens a pit, or digs a pit and does not cover it over, and an ox or a donkey falls into it, 34the owner of the pit shall make restitution; he shall give money to its owner, and the dead animal shall become his.

      35“If one man’s ox hurts another’s so that it dies, then they shall sell the live ox and divide its price equally; and also they shall divide the dead ox. 36“Or if it is known that the ox was previously in the habit of goring, yet its owner has not confined it, he shall surely pay ox for ox, and the dead animal shall become his.

Parallel Verses

New American Standard Bible (©1995)
"If he designates her for his son, he shall deal with her according to the custom of daughters.

GOD'S WORD® Translation (©1995)
But if he has chosen her for his son, he must treat her like a daughter.

King James Bible
And if he have betrothed her unto his son, he shall deal with her after the manner of daughters.

Douay-Rheims Bible
But if he have betrothed her to his son, he shall deal with her after the manner of daughters.

Darby Bible Translation
And if he have appointed her unto his son, he shall deal with her after the law of daughters.

English Revised Version
And if he espouse her unto his son, he shall deal with her after the manner of daughters.

Webster's Bible Translation
And if he hath betrothed her to his son, he shall deal with her after the manner of daughters.

World English Bible
If he marries her to his son, he shall deal with her as a daughter.

Young's Literal Translation
'And if to his son he betroth her, according to the right of daughters he doth to her.

Cross References

Exodus 21:8 "If she is displeasing in the eyes of her master who designated her for himself, then he shall let her be redeemed. He does not have authority to sell her to a foreign people because of his unfairness to her.

Exodus 21:10 "If he takes to himself another woman, he may not reduce her food, her clothing, or her conjugal rights.

Commentary

Matthew Henry's Whole Bible Commentary

Chapter 21

The laws recorded in this chapter relate to the fifth and sixth commandments; and though they are not accommodated to our constitution, especially in point of servitude, nor are the penalties annexed binding on us, yet they are of great use for the explanation of the moral law, and the rules of natural justice. Here are several enlargements, I. Upon the fifth commandment, which concerns particular relations. 1. The duty of masters towards their servants, their men-servants (v. 2-6), and the maidservants (v. 7-11). 2. The punishment of disobedient children that strike their parents (v. 15), or curse them (v. 17). II. Upon the sixth commandment, which forbids all violence offered to the person of a man. Here is, 1. Concerning murder (v. 12-14). 2. Man-stealing (v. 16). 3. Assault and battery (v. 18, 19). 4. Correcting a servant (v. 20, 21). 5. Hurting a woman with child (v. 22, 23). 6. The law of retaliation (v. 24, 25). 7. Maiming a servant (v. 26, 27). 8. An ox goring (v. 28-32). 9. Damage by opening a pit (v. 33, 34). 10. Cattle fighting (v. 35, 36).

Verses 1-11

The first verse is the general title of the laws contained in this and the two following chapters, some of them relating to the religious worship of God, but most of them relating to matters between man and man. Their government being purely a Theocracy, that which in other states is to be settled by human prudence was directed among them by a divine appointment, so that the constitution of their government was peculiarly adapted to make them happy. These laws are called judgments, because they are framed in infinite wisdom and equity, and because their magistrates were to give judgment according to the people. In the doubtful cases that had hitherto occurred, Moses had particularly enquired of God for them, as appeared, ch. 18:15; but now God gave him statutes in general by which to determine particular cases, which likewise he must apply to other like cases that might happen, which, falling under the same reason, fell under the same rule. He begins with the laws concerning servants, commanding mercy and moderation towards them. The Israelites had lately been servants themselves; and now that they had become, not only their own masters, but masters of servants too, lest they should abuse their servants, as they themselves had been abused and ruled with rigour by the Egyptian task-masters, provision was made by these laws for the mild and gentle usage of servants. Note, If those who have had power over us have been injurious to us this will not in the least excuse us if we be in like manner injurious to those who are under our power, but will rather aggravate our crime, because, in that case, we may the more easily put our souls into their soul's stead. Here is,

I. A law concerning men-servants, sold, either by themselves or their parents, through poverty, or by the judges, for their crimes; even those of the latter sort (if Hebrews) were to continue in slavery but seven years at the most, in which time it was taken for granted that they would sufficiently have smarted for their folly or offence. At the seven years' end the servant should either go out free (v. 2, 3), or his servitude should thenceforward be his choice, v. 5, 6. If he had a wife given him by his master, and children, he might either leave them and go out free himself, or, if he had such a kindness for them that he would rather tarry with them in bondage than go out at liberty without them, he was to have his ear bored through to the doorpost and serve till the death of his master, or the year of jubilee.

1. By this law God taught, (1.) The Hebrew servants generosity, and a noble love of liberty, for they were the Lord's freemen; a mark of disgrace must be put upon him who refused liberty when he might have it, though he refused it upon considerations otherwise laudable enough. Thus Christians, being bought with a price, and called unto liberty, must not be the servants of men, nor of the lusts of men, 1 Co. 7:23. There is a free and princely spirit that much helps to uphold a Christian, Ps. 51:12. He likewise taught, (2.) The Hebrew masters not to trample upon their poor servants, knowing, not only that they had been by birth upon a level with them, but that, in a few years, they would be so again. Thus Christian masters must look with respect on believing servants, Phlm. 16.

2. This law will be further useful to us, (1.) To illustrate the right God has to the children of believing parents, as such, and the place they have in his church. They are by baptism enrolled among his servants, because they are born in his house, for they are therefore born unto him, Eze. 16:20. David owns himself God's servant, as he was the son of his handmaid (Ps. 116:16), and therefore entitled to protection, Ps. 86:16. (2.) To explain the obligation which the great Redeemer laid upon himself to prosecute the work of our salvation, for he says (Ps. 40:6), My ears hast thou opened, which seems to allude to this law. He loved his Father, and his captive spouse, and the children that were given him, and would not go out free from his undertaking, but engaged to serve in it for ever, Isa. 42:1, 4. Much more reason have we thus to engage ourselves to serve God for ever; we have all the reason in the world to love our Master and his work, and to have our ears bored to his door-posts, as those who desire not to go out free from his service, but to be found more and more free to it, and in it, Ps. 84:10.

Concerning maid-servants, whom their parents, through extreme poverty, had sold, when they were very young, to such as they hoped would marry them when they grew up; if they did not, yet they must not sell them to strangers, but rather study how to make them amends for the disappointment; if they did, they must maintain them handsomely, v. 7-11. Thus did God provide for the comfort and reputation of the daughters of Israel, and has taught husbands to give honour to their wives (be their extraction ever so mean) as to the weaker vessels, 1 Pt. 3:7.

Calvin's Commentary

7. And if a man sell his daughter to be a maid-servant, she shall not go out as the men-servants do.

7. Quum vendiderit quispiam filiam suam in ancillam, non egredietur quemadmodum egredi solent servi.

8. If she please not her master, who hath betrothed her to himself, then shall he let her be redeemed: to sell her unto a strange nation he shall have no power, seeing he hath dealt deceitfully with her.

8. Si displicuerit hero suo, nec sibi desponderit eam, redimendam curabit: populo alieno non habebit potestatem vendendi eam, quum spreverit eam.

9. And if he have betrothed her unto his son, he shall deal with her after the manner of daughters.

9. Quod si filio suo desponderit eam, secundum morem filiarum faciet ei.

10. If he take him another wife; her food, her raiment, and her duty of marriage, shall he not diminish.

10. Si aliam acceperit sibi, alimentum illius, operimentum illius, et constitutionem illius non diminuet.

11. And if he do not these three unto her, then shall she go out free without money.

11. Quod si tria haec non fecerit illi, egredietur gratis absque argento.

From this passage, as well as other similar ones, it plainly appears how many vices were of necessity tolerated in this people. It was altogether an act of barbarism that fathers should sell their children for the relief of their poverty, still it could not be corrected as might have been hoped. Again, the sanctity of the marriage-vow should have been greater than that it should be allowable for a master to repudiate his bond-maid, after he had betrothed her to himself as his wife; or, when he had betrothed her to his son, to make void that covenant, which is inviolable: for that principle ought ever to hold good -- "Those whom God hath joined together, let not man put asunder." (Matthew 19:6; Mark 10:9.) Yet liberty was accorded to the ancient people in all these particulars; only provision is here made that the poor girls should not suffer infamy and injury from their repudiation. But, although God is gracious in remitting the punishment, still He shows that chastity is pleasing to Him, as far as the people's hardness of heart permitted. First of all, He does not allow a master to seduce his purchased maid-servant, but if he wishes to enjoy her embraces, a marriage must take place; for although He does not set this out in express terms, still we may infer from what He condemns, that the contrary is what He approves. From whence, too, their notion is refuted who suppose that fornication was lawful under the Law. But the words must be more closely examined on account of their ambiguity. First, the sex is treated with consideration, that the condition of a female may be somewhat more favorable than that of a male; since, otherwise, their weakness would render young women subject to injury and shame. An explanation then follows, respecting which, however, interpreters differ; for some read the particle l', [74] lo, which is properly negative, for lv, lo; and hence arise two opposite meanings -- If he hath, or hath not, betrothed her to himself. If it be preferred to take it affirmatively, the meaning of the precept will be: If a master shall repudiate his bond-maid, whom he has loved and destined to be his wife, he must give her her liberty; for although literally it is, "he shall cause her to be redeemed," yet; the context shows that the obligation of setting her free is laid upon him; nor is this contradicted by the fact that he is only deprived of the power of selling her to a strange people; since I do not understand this as applying to foreigners only, but to others of his own nation, since sometimes those of another tribe or family are called strangers. For, even though there were no marriage-compact, it was not otherwise lawful to sell slaves of the holy and elect people to foreigners. Besides, amongst the Israelites, slavery was only temporary. But, to pass by everything else, let it suffice to observe the absurdity that a master should hold his wife as a slave to be sold at pleasure, if their opinion is received who suppose that the words refer to repudiation after betrothal. [75] I myself rather approve of the other opinion, that, although the master shall not have aspired to matrimony with her, if her appearance displeases him so that he would be unwilling to have her as his wife, at least he must provide for her redemption; because her chastity would be in jeopardy if she remained with him unmarried; unless perhaps Moses may signify that, after she had been seduced, her master did not honor her with marriage. But the other view which I have just expressed is more simple; and a caution is given lest masters should seduce their maid-servants at their pleasure. Thus the word despise [76] does not refer to repudiation, but is opposed to beauty, or conjugal love.

The next case is, that if he should betroth her to his son, (he must give her a dowry, [77] ) in which, also, her modesty and honor is consulted, lest she should be oppressed by the right of ownership, and become a harlot. In the third place, it is provided that, if she should be repudiated, her condition should not be disadvantageous. If, therefore, he would make her his daughter-in-law, and betroth her to his son, he is commanded to deal liberally with her; for "after the manner of daughters" is equivalent to giving her a dowry, or, at any rate, to treating her as if she were free. Finally, he adds that, if he should choose another wife for his son, he should not reject the former one, nor defraud her of her food and raiment, or of some third thing, concerning which translators are not well agreed. Some render it time, but I do not see what is the meaning of diminishing her time; others, duty of marriage, but this is too free a translation; others, more correctly, affliction, since the girl would be humiliated by her repudiation; still, to diminish affliction, is too harsh an expression for to compensate an injury. Let my readers, then, consider whether the word, nth, gnonathah, is not used for compact or agreement; for thus the context will run very well: If his son have married another wife, that the girl who has suffered ignominious rejection should obtain her rights as to food, and raiment, and her appointed dowry; otherwise, God commands that she should be set free gratuitously, in order that her liberty may compensate for the wrong she has received.

Footnotes:

[73] This passage also taken further on in Fr.

[74] The Hebrew text has l', not, but with a mark of doubt as to the genuineness of the reading, and the Masoretic note directs the substitution of lv, to him C. follows S. M. in adhering to the text, whilst our A. V. and the LXX. reject not, in accordance with the Masora. -- W

[75] This sentence is omitted in Ft., and the following substituted: "Ce mot doncques ou il est dit, Qu'il ne la pourra vendre a des estrangers, est entrelasse, pour monstrer, qu'il n'y eust eu nulle raison qu'il vendist celle qu'il a abusee de vaine esperance;" this sentence, then, in which it is said that he may not sell her to strangers, is inserted to show that there was no reason why he should sell her whom he has abused with vain hopes.

[76] A. V., "If she please not." Margin, "Heb., Be evil in the eyes of, etc."

[77] Added from Fr., in which there is much verbal difference here.

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