Exodus 21:27

These laws governed compensation for injuries that did not lead to death.

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).

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.

Exodus 21:15, 17

15. And he that smiteth his father or his mother shall be surely put to death.

15. Qui percusserit patrem suum aut matrem, morte moriatur.

17. And he that curseth his father or his mother shall surely be put to death.

17. Qui maledixerit patri suo vel matri suae, morte moriatur.

If he smite out his - tooth - It was a noble law that obliged the unmerciful slaveholder to set the slave at liberty whose eye or tooth he had knocked out. If this did not teach them humanity, it taught them caution, as one rash blow might have deprived them of all right to the future services of the slave; and thus self-interest obliged them to be cautious and circumspect.

And if he smite out his manservant's tooth, or his maidservant's tooth,.... Give them such a slap on the face, or a blow on the mouth, as to strike out one of their teeth; this also the Targum of Jonathan and Jarchi restrain to a Canaanitish servant or maid:

he shall let him go free for his tooth's sake; both him and her, the servant and the maid; this, though of lesser consequence than the loss of an eye, was punished in the same manner with the loss of the servant man or maid, to make masters careful how they abused their servants in any degree. And though only these parts are expressed, yet Jarchi and Aben Ezra observe, that all other principal members of the body, which they reckon to be twenty four, are included, as the fingers, toes, &c.

Some confine this to the Israelitish servants, but the text doth not so limit it; and the reason of the law seems to reach to Gentile servants, this being a just punishment to unmerciful masters, (who ought to be merciful to their beasts, much more to such servants,) and a fit recompence to a servant for such a loss. And this law reacheth the loss of any other member, these two being instanced in, the one as the chief, and the other as the meanest, to intimate that other parts of a like or middle nature are included.

Fatal blows and the crimes placed on a par with them are now followed in simple order by the laws relating to bodily injuries.
Exo 21:18-19
If in the course of a quarrel one man should hit another with a stone or with his fist, so that, although he did not die, he "lay upon his bed," i.e., became bedridden; if the person struck should get up again and walk out with his staff, the other would be innocent, he should "only give him his sitting and have him cured," i.e., compensate him for his loss of time and the cost of recovery. This certainly implies, on the one hand, that if the man died upon his bed, the injury was to be punished with death, according to Exo 21:12; and on the other hand, that if he died after getting up and going out, no further punishment was to be inflicted for the injury done.
Exo 21:20-21
The case was different with regard to a slave. The master had always the right to punish or "chasten" him with a stick (Pro 10:13; Pro 13:24); this right was involved in the paternal authority of the master over the servants in his possession. The law was therefore confined to the abuse of this authority in outbursts of passion, in which case, "if the servant or the maid should die under his hand (i.e., under his blows), he was to be punished" (ינּקם נקם: "vengeance shall surely be taken"). But in what the נקם was to consist is not explained; certainly not in slaying by the sword, as the Jewish commentators maintain. The lawgiver would have expressed this by יוּמת מות. No doubt it was left to the authorities to determine this according to the circumstances. The law in Exo 21:12 could hardly be applied to a case of this description, although it was afterwards extended to foreigners as well as natives (Lev 24:21-22), for the simple reason, that it is hardly conceivable that a master would intentionally kill his slave, who was his possession and money. How far the lawgiver was from presupposing any such intention here, is evident from the law which follows in Exo 21:21, "Notwithstanding, if he continue a day or two (i.e., remain alive), it shall not be avenged, for he is his money." By the continuance of his life, if only for a day or two, it would become perfectly evident that the master did not wish to kill his servant; and if nevertheless he died after this, the loss of the slave was punishment enough for the master. There is no ground whatever for restricting this regulation, as the Rabbins do, to slaves who were not of Hebrew extraction.
Exo 21:22-25
If men strove and thrust against a woman with child, who had come near or between them for the purpose of making peace, so that her children come out (come into the world), and no injury was done either to the woman or the child that was born,
(Note: The words ילדיה ויצאוּ are rendered by the lxx καὶ ἐξέλθη τὸ παιδίον αὐτῆς μὴ ἐξεικονισμένον and the corresponding clause יהיה אסון ואם by ἐὰν δὲ ἐξεικονισμένον ᾖ; consequently the translators have understood the words as meaning that the fruit, the premature birth of which was caused by the blow, if not yet developed into a human form, was not to be regarded as in any sense a human being, so that the giver of the blow was only required to pay a pecuniary compensation, - as Philo expresses it, "on account of the injury done to the woman, and because he prevented nature, which forms and shapes a man into the most beautiful being, from bringing him forth alive." But the arbitrary character of this explanation is apparent at once; for ילד only denotes a child, as a fully developed human being, and not the fruit of the womb before it has assumed a human form. In a manner no less arbitrary אסון has been rendered by Onkelos and the Rabbins מותא, death, and the clause is made to refer to the death of the mother alone, in opposition to the penal sentence in Exo 21:23, Exo 21:24, which not only demands life for life, but eye for eye, etc., and therefore presupposes not death alone, but injury done to particular members. The omission of להּ, also, apparently renders it impracticable to refer the words to injury done to the woman alone.)
a pecuniary compensation was to be paid, such as the husband of the woman laid upon him, and he was to give it בּפללים by (by an appeal to) arbitrators. A fine is imposed, because even if no injury had been done to the woman and the fruit of her womb, such a blow might have endangered life. (For יצא roF( to go out of the womb, see Gen 25:25-26.) The plural ילדיה is employed for the purpose of speaking indefinitely, because there might possibly be more than one child in the womb. "But if injury occur (to the mother or the child), thou shalt give soul for soul, eye for eye,...wound for wound:" thus perfect retribution was to be made.
Exo 21:26-27
But the lex talionis applied to the free Israelite only, not to slaves. In the case of the latter, if the master struck out an eye and destroyed it, i.e., blinded him with the blow, or struck out a tooth, he was to let him go free, as a compensation for the loss of the member. Eye and tooth are individual examples selected to denote all the members, from the most important and indispensable down to the very least.
Exo 21:28-30
The life of man is also protected against injury from cattle (cf. Gen 9:5). "If an ox gore a man or a woman, that they die, the ox shall be stoned, and its flesh shall not be eaten;" because, as the stoning already shows, it was laden with the guilt of murder, and therefore had become unclean (cf. Num 35:33). The master or owner of the ox was innocent, sc., if his ox had not bee known to do so before. But if this were the case, "if his master have been warned (בּבעליו הוּעד, lit., testimony laid against its master), and notwithstanding this he have not kept it in," then the master was to be put to death, because through his carelessness in keeping the ox he had caused the death, and therefore shared the guilt. As this guilt, however, had not been incurred through an intentional crime, but had arisen simply from carelessness, he was allowed to redeem his forfeited life by the payment of expiation money (כּפר, lit., covering, expiation, cf. Exo 30:12), "according to all that was laid upon him," sc., by the judge.
Exo 21:31-32
The death of a son or a daughter through the goring of an ox was also to be treated in the same way; but that of a slave (man-servant or maid-servant) was to be compensated by the payment of thirty shekels of silver (i.e., probably the ordinary price for the redemption of a slave, as the redemption price of a free Israelite was fifty shekels, Lev 27:3) on the part of the owner of the ox; but the ox was to be killed in this case also. There are other ancient nations in whose law books we find laws relating to the punishment of animals for killing or wounding a man, but not one of them had a law which made the owner of the animal responsible as well, for they none of them looked upon human life in its likeness of God.