This law has frequently been seized on as a blot on the Mosaic legislation - as inculcating the odious doctrine which lies at the root of modern slave-systems, viz. that the slave is a mere "chattel," and as such, has no personal rights - is entitled to no protection of life or limb. The interpretation put on this particular clause is the more unfair, that it must be admitted to be opposed to the spirit and enactments of the law as a whole, taking, as this does, so exceptionally humane a view of the slave''s position (see above); and is, moreover, directly in the teeth of such clauses as those in the immediate context - "If a man smite the eye of a servant," etc. (vers. 26, 27). The enactment will appear in its right light if we view it with regard to the following considerations: -
1. The law deals with slavery, not from the point of view of abstract right - from which point of view it could only be condemned - but as a recognised part of the then existing constitution of society. It takes its existence for granted. It deals with it as statesmen have constantly to deal with institutions and customs which they do not wholly approve of, but which they cannot summarily abolish without entailing on society worse evils than those from which escape is sought. But if the right to hold property in slaves - to however limited an extent - be granted, the corollaries of this possession must be granted also. A slave cannot be treated in the eye of the law quite as a free man. His position is relatively a degraded one. The owner of slaves has pecuniary and proprietary rights in his bondservants, which the law must take account of. The slave is the owner''s "money."
2. The aim of the law is not to place the slave at the master''s mercy, but to restrict the master''s power over him. Ancient law recognised no restriction. The Mosaic law does. It goes at least thus far, that if the slave dies under the rod, the master shall be punished. The drift and bent of the law is for the slave''s benefit.
3. It is important to remember that the case is treated here, not in its moral aspects, but solely as a question in criminal jurisprudence. The moral law has its own say in the matter, and. pronounces its own judgment, irrespectively of whether the individual is proceeded against under criminal law or not. The master who, by the undue exercise of the large right of chastisement which the usage of the time allowed him, occasioned his slave''s death, was responsible to God for the excess of passion which led to this catastrophe. The law of Moses gave no sanction to the master to endanger his servant''s life with the rod. But moral offences do not always admit of being dealt with as crimes. To convict of murder, e.g., there is proof required of malice prepense, and this, in the case before us, was precisely what was not forthcoming. The legal tribunals had. authority to punish the master, if the slave died under his hand; if immediate death did not take place, the master was to have the benefit of the doubt, and in view of the heavy money loss sustained in the death of the slave (on the average, "thirty shekels of silver," ver. 32), was not to be further proceeded against.
4. The law in this verse - taken in conjunction with others - was really a powerful deterrent from the misuse of authority on the part of the master.
(1) It relates only to chastisement with the rod. If the master assaulted his slave with any lethal weapon, the case came under other laws, and might involve his being tried for murder.
(2) The case supposed is that of a slave dying under bona fide chastisement. If murderous intent could be proved against the master - whether the slave lingered a day or two or not - there is no reason to doubt but that the law of ver. 14 would have been applied, and the master would have been put to death.
(3) Involving, as the death of the slave did, criminal proceedings, and, on conviction, severe punishment, the mere danger of a fatal result ensuing would be a powerful deterrent from exceptional violence. The punishment appears to have been left to the discretion of the judges, and probably ranged from the death penalty (if deliberate murder could be proved), to a simple money fine. The mere risk of incurring such a penalty would inspire salutary caution.
(4) The master also knew that if, by his temporary violence, the slave should suffer serious bodily injury, he would be entitled, if he did not die, to claim his freedom (vers, 26, 27). The fear of losing a valuable property, whether by death, or, if the slave did not die, in the way last mentioned, would infallibly co-operate with other motives in the direction of restraint. The case, therefore, stood thus, that failing proof of direct intent to murder, the probabilities were in favour of the theory that the death of the slave to whom severe chastisement had been administered, was a result not designed; and the money loss involved in the death of the slave being regarded as equivalent to a heavy fine, the law, in ordinary cases, did not see it necessary to go further. But if the case was so serious that the slave had actually died under his master''s hand, or within a short space of time, then, whether the death was designed or not, the law took the matter up, and inflicted punishment according to discretion. Criminal law could scarcely have done more. The amelioration of the condition of the slave was to be looked for mainly from moral influences, which, under the Mosaic system, were assuredly not wanting. - J.O.
If a man smite his servant.
1. It is supposed that masters in the Church of God may be cruel in correcting servants, but it is sin.
2. It is possible that death may follow upon such cruel smiting.
3. In such case the life of the vilest slaves is precious with God, and He requireth it with death (ver. 20).
4. Correction due unto servants which endangers not life, is supposed lawful.
5. No governor is guilty by God's law upon such due chastening.
6. Servants are the due purchase of their lords for their labours not for their lives.
7. The lives and comforts of poorest slaves are dear to God and secured by Him (ver. 21).
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People
MosesPlaces
Mount SinaiTopics
Avenged, Beats, Blows, Bondman, Bondwoman, Causing, Certainly, Death, Die, Died, Dies, Direct, Female, Gives, Handmaid, Maid, Male, Man-servant, Punished, Punishment, Result, Rod, Servant, Slave, Smite, Smiteth, Staff, Strike, Strikes, Surely, Undergo, Woman-servantOutline
1. Laws for men servants5. For the servant whose ear is bored7. For women servants12. For manslaughter16. For kidnappers17. For cursers of parents18. For smiters22. For a hurt by chance28. For an ox that gores33. For him who is an occasion of harmDictionary of Bible Themes
Exodus 21:20 5313 flogging
Exodus 21:12-20
5214 attack
Exodus 21:15-25
6206 offence
Exodus 21:20-21
5404 masters
7447 slavery, in OT
Library
The Development of the Earlier Old Testament Laws
[Sidenote: First the principle, and then the detailed laws] If the canon of the New Testament had remained open as long as did that of the Old, there is little doubt that it also would have contained many laws, legal precedents, and ecclesiastical histories. From the writings of the Church Fathers and the records of the Catholic Church it is possible to conjecture what these in general would have been. The early history of Christianity illustrates the universal fact that the broad principles are …
Charles Foster Kent—The Origin & Permanent Value of the Old TestamentThe Kinsman Redeemer
'After that he is sold he may be redeemed again; one of his brethren may redeem him.'--LEV. xxv. 48. There are several of the institutions and precepts of the Mosaic legislation which, though not prophetic, nor typical, have yet remarkable correspondences with lofty Christian truth. They may be used as symbols, if only we remember that we are diverting them from their original purpose. How singularly these words lend themselves to the statement of the very central truths of Christianity--a slavery …
Alexander Maclaren—Expositions of Holy Scripture
Non-Resistance
'Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth: 39. But I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also. 40. And if any man will sue thee at the law, and take away thy coat, let him have thy cloke also. 41. And whosoever shall compel thee to go a mile, go with him twain. 42. Give to him that asketh thee, and from him that would borrow of thee turn not thou away.'--MATT. v. 38-42. The old law …
Alexander Maclaren—Expositions of Holy Scripture
A Discourse of the Building, Nature, Excellency, and Government of the House of God; with Counsels and Directions to the Inhabitants Thereof.
BY JOHN BUNYAN, OF BEDFORD. 'Lord, I have loved the habitation of thy house, and the place where thine honour dwelleth.'--Psalm 26:8 ADVERTISEMENT BY THE EDITOR. Beautiful in its simplicity is this treatise on the Church of Christ, by John Bunyan. He opens, with profound knowledge and eminent skill, all those portions of sacred writ which illustrate the nature, excellency, and government of the house of God, with the personal and relative duties of its inhabitants. It was originally published in …
John Bunyan—The Works of John Bunyan Volumes 1-3
Appeal to the Christian Women of the South
BY A.E. GRIMKE. "Then Mordecai commanded to answer Esther, Think not within thyself that thou shalt escape in the king's house more than all the Jews. For if thou altogether holdest thy peace at this time, then shall there enlargement and deliverance arise to the Jews from another place: but thou and thy father's house shall be destroyed: and who knoweth whether thou art come to the kingdom for such a time as this. And Esther bade them return Mordecai this answer:--and so will I go in unto the king, …
Angelina Emily Grimke—An Appeal to the Christian Women of the South
The Doctrine of Non-Resistance to Evil by Force Has Been Professed by a Minority of Men from the Very Foundation of Christianity. Of the Book "What
CHAPTER I. THE DOCTRINE OF NON-RESISTANCE TO EVIL BY FORCE HAS BEEN PROFESSED BY A MINORITY OF MEN FROM THE VERY FOUNDATION OF CHRISTIANITY. Of the Book "What I Believe"--The Correspondence Evoked by it-- Letters from Quakers--Garrison's Declaration--Adin Ballou, his Works, his Catechism--Helchitsky's "Net of Faith"--The Attitude of the World to Works Elucidating Christ's Teaching--Dymond's Book "On War"--Musser's "Non-resistance Asserted"--Attitude of the Government in 1818 to Men who Refused to …
Leo Tolstoy—The Kingdom of God is within you
The Sermon on the Mount - the Kingdom of Christ and Rabbinic Teaching.
It was probably on one of those mountain-ranges, which stretch to the north of Capernaum, that Jesus had spent the night of lonely prayer, which preceded the designation of the twelve to the Apostolate. As the soft spring morning broke, He called up those who had learned to follow Him, and from among them chose the twelve, who were to be His Ambassadors and Representatives. [2500] [2501] But already the early light had guided the eager multitude which, from all parts, had come to the broad level …
Alfred Edersheim—The Life and Times of Jesus the Messiah
The Deputation from Jerusalem - the Three Sects of the Pharisees, Sadducees, and Essenes - Examination of their Distinctive Doctrines.
APART from the repulsively carnal form which it had taken, there is something absolutely sublime in the continuance and intensity of the Jewish expectation of the Messiah. It outlived not only the delay of long centuries, but the persecutions and scattering of the people; it continued under the disappointment of the Maccabees, the rule of a Herod, the administration of a corrupt and contemptible Priesthood, and, finally, the government of Rome as represented by a Pilate; nay, it grew in intensity …
Alfred Edersheim—The Life and Times of Jesus the Messiah
The Sixth Commandment
Thou shalt not kill.' Exod 20: 13. In this commandment is a sin forbidden, which is murder, Thou shalt not kill,' and a duty implied, which is, to preserve our own life, and the life of others. The sin forbidden is murder: Thou shalt not kill.' Here two things are to be understood, the not injuring another, nor ourselves. I. The not injuring another. [1] We must not injure another in his name. A good name is a precious balsam.' It is a great cruelty to murder a man in his name. We injure others in …
Thomas Watson—The Ten Commandments
That Deep Things Ought not to be Preached at all to Weak Souls.
But the preacher should know how to avoid drawing the mind of his hearer beyond its strength, lest, so to speak, the string of the soul, when stretched more than it can bear, should be broken. For all deep things should be covered up before a multitude of hearers, and scarcely opened to a few. For hence the Truth in person says, Who, thinkest thou, is the faithful and wise steward, whom his Lord has appointed over his household, to give them their measure of wheat in due season? (Luke xii. 42). …
Leo the Great—Writings of Leo the Great
In Death and after Death
A sadder picture could scarcely be drawn than that of the dying Rabbi Jochanan ben Saccai, that "light of Israel" immediately before and after the destruction of the Temple, and for two years the president of the Sanhedrim. We read in the Talmud (Ber. 28 b) that, when his disciples came to see him on his death-bed, he burst into tears. To their astonished inquiry why he, "the light of Israel, the right pillar of the Temple, and its mighty hammer," betrayed such signs of fear, he replied: "If I were …
Alfred Edersheim—Sketches of Jewish Social Life
Councils of Ariminum and Seleucia.
Part I. History of the Councils. Reason why two Councils were called. Inconsistency and folly of calling any; and of the style of the Arian formularies; occasion of the Nicene Council; proceedings at Ariminum; Letter of the Council to Constantius; its decree. Proceedings at Seleucia; reflections on the conduct of the Arians. 1. Perhaps news has reached even yourselves concerning the Council, which is at this time the subject of general conversation; for letters both from the Emperor and the Prefects …
Athanasius—Select Works and Letters or Athanasius
The Section Chap. I. -iii.
The question which here above all engages our attention, and requires to be answered, is this: Whether that which is reported in these chapters did, or did not, actually and outwardly take place. The history of the inquiries connected with this question is found most fully in Marckius's "Diatribe de uxore fornicationum," Leyden, 1696, reprinted in the Commentary on the Minor Prophets by the same author. The various views may be divided into three classes. 1. It is maintained by very many interpreters, …
Ernst Wilhelm Hengstenberg—Christology of the Old Testament
The Blessing of Jacob Upon Judah. (Gen. Xlix. 8-10. )
Ver. 8. "Judah, thou, thy brethren shall praise thee; thy hand shall be on the neck of thine enemies; before thee shall bow down the sons of thy father. Ver. 9. A lion's whelp is Judah; from the prey, my son, thou goest up; he stoopeth down, he coucheth as a lion, and as a full-grown lion, who shall rouse him up? Ver. 10. The sceptre shall not depart from Judah, nor lawgiver from between his feet, until Shiloh come, and unto Him the people shall adhere." Thus does dying Jacob, in announcing …
Ernst Wilhelm Hengstenberg—Christology of the Old Testament
Exodus
The book of Exodus--so named in the Greek version from the march of Israel out of Egypt--opens upon a scene of oppression very different from the prosperity and triumph in which Genesis had closed. Israel is being cruelly crushed by the new dynasty which has arisen in Egypt (i.) and the story of the book is the story of her redemption. Ultimately it is Israel's God that is her redeemer, but He operates largely by human means; and the first step is the preparation of a deliverer, Moses, whose parentage, …
John Edgar McFadyen—Introduction to the Old Testament
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