Exodus 21: Summary and Commentary

Verse 1

21:1–23:33 The terms of the covenant are now expanded. The beginning section (21:1–23:19) gives specific examples of the general principles stated in 20:3-17. The commitments to which God bound himself if the Israelites kept their side of the covenant are stated in 23:20-33, as are the blessings of obedience.

21:1–23:19 The statements found here are in the typical case-law format of ancient Near Eastern law codes. This format begins with a hypothetical situation introduced by the word “if.” The following statement of what is to be done in such a case is introduced by “then.” While some cases are grouped into categories in these chapters, there is little attempt to separate personal, civil, or ceremonial laws from one another. For God, life is not compartmentalized. All of life is lived in relationship to God, so all kinds of behavior signify whether we are in loving submission to him or in defiance of him.

21:1-11 Slavery was a fact of life in the ancient world. In some cases, it was the only resort for those who were destitute. In much of the ancient world, people who were slaves felt that the gods had abandoned them. But the Lord cares about those who are in this helpless condition, so his covenant people must care also. Ultimately, the revelation that Jesus Christ had died for all people everywhere would make the practice of slavery untenable (Gal 3:28).

Verse 2

21:2 A man might sell himself into slavery in order to get money to pay his debts. This law states that the man was never to become the permanent property of the master.

Verse 3

21:3 If a man and a wife went into slavery together, they were also to go free together.

Verse 4

21:4-6 The master was not required to provide a slave with a wife who would then be freed with him. The slave in such a situation had to either abandon the family he began while he was a slave or become a permanent slave.

Verse 7

21:7-9 A female slave was treated differently from a male, possibly because it was understood that she was sold to become a concubine. For such a woman to be released after seven years would not be just. She would either have to return to her father (who clearly did not want her, having previously sold her), marry (an unlikely prospect for a former concubine), or become a prostitute. Thus, it was best for her to remain in the home of her master. Presumably, if a man bought a girl to be his son’s wife (21:9), it was understood that the purchase price was not actually buying her but was the equivalent of a bride-price. Typically, a young man wishing to marry a girl had to give her father a gift of some sort, either money or a gift in kind (see 22:16; Gen 24:53). A woman for whom a bride-price had been paid was not a slave.

Verse 12

21:12-17 The crimes of murder, kidnapping, and dishonoring one’s parents warranted the death penalty. A murderer forfeits his own life, and human life is so precious that even an accidental death cannot be overlooked. The place of refuge (see Num 35:6-28) was a place where an accidental killer could go so that the family of the deceased could not take vengeance (see study notes on Num 35:6-34).

Verse 14

21:14 dragged . . . from my altar: See 1 Kgs 2:28-33.

Verse 17

21:17 Anyone who dishonors: See study note on Lev 20:9; see also Exod 20:12; Deut 5:16; 21:18-21; Eph 6:1-4.

Verse 18

21:18-27 These laws governed compensation for injuries that did not lead to death.

Verse 22

21:22-25 so she gives birth prematurely: It appears that if a child’s birth was caused prematurely and the child died (i.e., there was further injury), the penalty for murder was to be enacted. The law of retaliation (the lex talionis) called for a penalty that matched the injury inflicted on a victim. But this law also served to limit the punishment so it was not more severe than the original injury. Cp. Matt 5:38-39.

Verse 28

21:28-32 If an animal caused a person’s death and the owner was judged to be negligent, the relatives of the deceased could demand the death penalty for both the animal and its owner. However, that penalty was not mandatory, and the relatives could elect to accept compensation (21:30).

Verse 33

21:33–22:15 In cases involving loss of property, the responsible person had to pay compensation equal to the value of what was lost. If the person had actually stolen the property, the compensation was multiplied (22:1, 4, 7). Where there was a question of responsibility, the parties were to appear before God for adjudication (22:8). The means by which the judgment was reached is not reported.

Verse 1

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, Exo 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 (Exo 21:2, Exo 21:3), or his servitude should thenceforward be his choice, Exo 21:5, Exo 21:6. 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, Co1 7:23. There is a free and princely spirit that much helps to uphold a Christian, Psa 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, Plm 1:16.

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 (Psa 116:16), and therefore entitled to protection, Psa 86:16. (2.) To explain the obligation which the great Redeemer laid upon himself to prosecute the work of our salvation, for he says (Psa 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, Isa 42:4. 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, Psa 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, Exo 21:7-11. 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, Pe1 3:7.

Verse 12

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.

Verse 22

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.

Verse 2

If thou buy an Hebrew servant—Every Israelite was free-born; but slavery was permitted under certain restrictions. An Hebrew might be made a slave through poverty, debt, or crime; but at the end of six years he was entitled to freedom, and his wife, if she had voluntarily shared his state of bondage, also obtained release. Should he, however, have married a female slave, she and the children, after the husband's liberation, remained the master's property; and if, through attachment to his family, the Hebrew chose to forfeit his privilege and abide as he was, a formal process was gone through in a public court, and a brand of servitude stamped on his ear (Psa 40:6) for life, or at least till the Jubilee (Deu 15:17).

Verse 7

LAWS FOR MAIDSERVANTS. (Exo. 21:7-36)

if a man sell his daughter—Hebrew girls might be redeemed for a reasonable sum. But in the event of her parents or friends being unable to pay the redemption money, her owner was not at liberty to sell her elsewhere. Should she have been betrothed to him or his son, and either change their minds, a maintenance must be provided for her suitable to her condition as his intended wife, or her freedom instantly granted.

Verse 23

eye for eye—The law which authorized retaliation (a principle acted upon by all primitive people) was a civil one. It was given to regulate the procedure of the public magistrate in determining the amount of compensation in every case of injury, but did not encourage feelings of private revenge. The later Jews, however, mistook it for a moral precept, and were corrected by our Lord (Mat 5:38-42).

Verse 28

If an ox gore a man or a woman, that they die—For the purpose of sanctifying human blood, and representing all injuries affecting life in a serious light, an animal that occasioned death was to be killed or suffer punishment proportioned to the degree of damage it had caused. Punishments are still inflicted on this principle in Persia and other countries of the East; and among a rude people greater effect is thus produced in inspiring caution, and making them keep noxious animals under restraint, than a penalty imposed on the owners.

Verse 30

If there be laid on him a sum of money, &c.—Blood fines are common among the Arabs as they were once general throughout the East. This is the only case where a money compensation, instead of capital punishment, was expressly allowed in the Mosaic law.

Next: Exodus Chapter 22