Exodus 21:12–36
Crime and Punishment in Society
As we continue through the section of Exodus known as the Book of the Covenant we look today at crime and punishment in Israel. Before we get started and possibly bogged down in details, we must remember that in God’s system of society set to bring Him glory there are punishments for crime. We will see that the more severe the crime, the more severe the punishment. We realize all crime is sin and yet there are certain crimes God requires a greater punishment for than others. So, we must keep a sense of proportion as we look at what God tells His people.
God gave the Ten Commandments and now in the Book of the Covenant we are told how the Ten Commandments fit in everyday life. We might say, here are the Ten Commandments applied.
1. Cases Requiring the Death Penalty (21:12-17)
12 “Whoever strikes a man so that he dies shall 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 for you a place to which he may flee. 14 But if a man willfully attacks another to kill him by cunning, you shall take him from my altar, that he may die.
15 “Whoever strikes his father or his mother shall be put to death.
16 “Whoever steals a man and sells him, and anyone found in possession of him, shall be put to death.
17 “Whoever curses his father or his mother shall be put to death.
Here, God is showing us what the penalty is for breaking the 6th Commandment…
Exodus 20:13 (ESV)
13 “You shall not murder.
This did not start with the Ten Commandments.
Genesis 9:5–6 (ESV)
5 And for your lifeblood I will require a reckoning: from every beast I will require it and from man. From his fellow man I will require a reckoning for the life of man.
6 “Whoever sheds the blood of man,
by man shall his blood be shed,
for God made man in his own image.
Death for murder is one penalty that still applies today. The reason for a death for a death is because man is made in God’s image.
Because we live in a sinful world, it is impossible for this to be carried out perfectly every time. God did however, place safeguards so that guilt would be certain before the death penalty was administered.
Deuteronomy 17:6–7 (ESV)
6 On the evidence of two witnesses or of three witnesses the one who is to die shall be put to death; a person shall not be put to death on the evidence of one witness. 7 The hand of the witnesses shall be first against him to put him to death, and afterward the hand of all the people. So you shall purge the evil from your midst.
God desires a fair judicial system; fair trials with correct verdicts.
Death Penalty for…Murder, Kidnapping, Striking or Cursing your parents.
Accidental deaths nor cases of self-defense that result in death do not require the death penalty.
There were cities of refuge where a person involved in an accidental death could flee until the authorities could investigate properly.
Back to striking or cursing parents…this striking in Hebrew means an assault or attempted murder. The son or daughter intended to kill them but for some reason they lived. The perpetrator was to be put to death.
Cursing does not mean one act of cursing but a life of disobedience to parents.
Both of these go against God’s commandment to honor your father and mother.
2. Cases of Bodily Injury (21:18-27)
18 “When men quarrel and one strikes the other with a stone or with his fist and the man does not die but takes to his bed, 19 then if the man rises again and walks outdoors with his staff, he who struck him shall be clear; only he shall pay for the loss of his time, and shall have him thoroughly healed.
20 “When a man strikes his slave, male or female, with a rod and the slave dies under his hand, he shall be avenged. 21 But if the slave survives a day or two, he is not to be avenged, for the slave is his money.
22 “When men strive together and hit a pregnant woman, so that her children come out, but there is no harm, the one who hit her shall surely be fined, as the woman’s husband shall impose on him, and he shall pay as the judges determine. 23 But if there is harm, then you shall pay life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, stripe for stripe.
26 “When a man strikes the eye of his slave, male or female, and destroys it, he shall let the slave go free because of his eye. 27 If he knocks out the tooth of his slave, male or female, he shall let the slave go free because of his tooth.
In general, this section deals with laws about bodily injuries and the appropriate penalty for those bodily injuries. Things that are less than a loss of life, or less than a crime that deserves capital punishment. Moses shows us this value of life that God wants us to display in society. In verses 18 and 19, first, you will see a statement of general divine legal principles regarding serious injury in context without premeditations. A quarrel happens. Men were not planning the quarrel, it just happened, but injury occurs in the quarrel, what should the penalties be? That is what is dealt with in verse 18 and 19.
Here in verse 18, we are presented with a situation with a fight that breaks out, again there is no malice aforethought. The heat of the moment occurs. You can tell that by the weapons that are used. What are mentioned? The fist and a stone. No knife is mentioned, no sword is mentioned, no spear is mentioned, no bow is mentioned. Those would be the weapons you would normally kill somebody with if you had premeditated the killing. This, however, is a case where men get in a heated discussion, a quarrel breaks out, a guy grabs a stone hits a man, or takes his fist and hits a man, and serious bodily injury results.
In verse, 19 God stipulates that in this case no capital punishment is to be extracted. If the person gets up and walks around on his staff, then the one who struck him shall go unpunished. That doesn’t literally mean be unpunished completely. What it means is he shouldn’t be due the death penalty, because he is clearly punished in this passage with the responsibility to pay him what we would call, workman’s compensation and health insurance until he is completely well again. He is to nurse that man back to health. That is his punishment, to basically pay reparations, or monetary compensation, until the victim is whole again.
In verses 20-21 we see a master punishing his slave for some disobedience. If he kills the slave then he is put to death. If the slave is not permanently injured then there is no restitution because he is the owner of the slave.
If the slave is permanently injured, then the slave is freed.
26 “When a man strikes the eye of his slave, male or female, and destroys it, he shall let the slave go free because of his eye. 27 If he knocks out the tooth of his slave, male or female, he shall let the slave go free because of his tooth.
God views an unborn baby as a child…
22 “When men strive together and hit a pregnant woman, so that her children come out, but there is no harm, the one who hit her shall surely be fined, as the woman’s husband shall impose on him, and he shall pay as the judges determine. 23 But if there is harm, then you shall pay life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, stripe for stripe.
Here, God differentiates between two people fighting and there is an accidental death from the unborn who cannot defend himself. In the case above, if two men have an argument and they resort to a fight and one dies, it’s not the death penalty for the other because it was accidental death.
Here, a man strikes a pregnant woman and causes a premature birth or the death of the child.
The man who strikes the woman is punished for bringing on the premature birth. The phrase “if there is no serious injury” refers to both the mother and the child born of her. To say otherwise is to ignore the normative use of yeled (child, son or boy) and yasa. Therefore, “if there is serious injury” would likewise refer to both the mother and the child. What then follows is the lex talionis, which indicates that the punishment in the case of more serious injury will include “life for life,” literally “soul for soul.” If the simple meaning of the text is allowed to stand, this text identifies the yeled, the child born prematurely, as a nephesh, a soul, a living human being. It then applies the death penalty in the case of the death of either the mother or the child. God places a stricter penalty for the injury or death of those in our society who are weak and who are helpless. Here, a pregnant woman and an unborn child fall into that category.
Scripture is clear. Life is a sacred gift. Taking the life of a child in the womb differs not at all from taking the life of the mother, or anyone else. All the platitudes and politically correct phrases will not change the verdict of God: abortion is murder and it is an abomination in His eyes.
3. Cases of Negligence (21:28-32)
28 “When an ox gores a man or a woman to death, the ox shall be stoned, and its flesh shall not be eaten, but the owner of the ox shall not be liable. 29 But if the ox has been accustomed to gore in the past, and its owner has been warned but has not kept it in, 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 imposed on him, then he shall give for the redemption of his life whatever is imposed on him. 31 If it gores a man’s son or daughter, he shall be dealt with according to this same rule. 32 If the ox gores a slave, male or female, the owner shall give to their master thirty shekels of silver, and the ox shall be stoned.
Here, someone gets hurt or killed and there was no anger or aggression involved. Here, someone is negligent. Often this has to do with someone’s animal…
If someone climbs the fence and gets gored and dies the owner is not held liable because his ox or bull was contained and the person trespassed. However, if the animal has a history of attacking people and the owner does not keep it confined then he is liable. In this case, the owner is held accountable because the animal has a history of attacking and was not confined.
What is God doing here? He is cultivating in us a carefulness for human life. That requires diligence.
In every case the animal is killed and proper punishment or restitution is paid.
Our property, our animals are our responsibility. Care must be taken because human life is precious.
4. Cases of Property Damage (21:33-36)
Exodus 21:33–36 (ESV)
33 “When a man opens a pit, or when a man digs a pit and does not cover it, and an ox or a donkey falls into it, 34 the owner of the pit shall make restoration. He shall give money to its owner, and the dead beast shall be his.
35 “When one man’s ox butts another’s, so that it dies, then they shall sell the live ox and share its price, and the dead beast also they shall share. 36 Or if it is known that the ox has been accustomed to gore in the past, and its owner has not kept it in, he shall repay ox for ox, and the dead beast shall be his.
We see over and over in these laws that we are to be concerned for the welfare of our neighbor. In this very passage, if you dig a pit, whether it is for a grain or to hold water or for whatever reason, and you don’t do due diligence to protect it from injuring someone else–to mark it to prevent them from falling into it unawares–you’re responsible. Why? Because you are your brother’s keeper; you are your neighbor’s keeper. Your neighbor’s welfare is your concern. You must do due diligence because you are to be concerned for the welfare of our neighbor.
These are some of the Laws for Israel and we can see many similarities with our own judicial system. These are laws for a godly society and the punishments should they be broken.
What about for Christians, today. Jesus gives us some individual guidelines that promote peace and God’s glory.
5. But I Say to You…
Jesus tells us that this Law is for us as Christians on a personal level…
Matthew 5:38–42 (ESV)
38 “You have heard that it was said, ‘An eye for an eye and a tooth for a tooth.’ 39 But I say to you, Do not resist the one who is evil. But if anyone slaps you on the right cheek, turn to him the other also. 40 And if anyone would sue you and take your tunic, let him have your cloak as well. 41 And if anyone forces you to go one mile, go with him two miles. 42 Give to the one who begs from you, and do not refuse the one who would borrow from you.
If someone assaults you or slaps you the law allowed for restitution where the offender is liable. This is perfectly acceptable and biblical.
However, we cannot ever take the Law into our own hands and seek retaliation. If someone sins against me personally, I can seek justice or I can turn the other cheek and show them kindness. I do not always have to seek my rights. Jesus tells us to not seek our rights all the time but allow the place for mercy and forgiveness rather than the strict adherence to the Law.
This is exactly what Jesus did. He suffered all types of abuses and insults. Did Jesus demand wound for wound, eye for eye, bruise for bruise? No…
Isaiah 50:6 (ESV)
6 I gave my back to those who strike,
and my cheeks to those who pull out the beard;
I hid not my face
from disgrace and spitting.
What’s even more astounding is Jesus did not seek to retaliate.
Luke 23:34 (ESV)
34 And Jesus said, “Father, forgive them, for they know not what they do.” And they cast lots to divide his garments.
What would God have us to do on a personal level as Christians?
For all who have experienced salvation in Christ, God has done the exact same thing for us. He could have demanded that the full Law descend upon us. He could have said eye for and eye to us. However, all who are in Christ have experienced mercy rather than wrath. God broke the pattern of sin and retribution on us. Since we have been shown mercy when we could have rightly been given punishment, can we not also extend mercy to others?
Matthew 5:7 (ESV)
7 “Blessed are the merciful, for they shall receive mercy.
Luke 6:36 (ESV)
36 Be merciful, even as your Father is merciful.
Colossians 3:12–15 (ESV)
12 Put on then, as God’s chosen ones, holy and beloved, compassionate hearts, kindness, humility, meekness, and patience, 13 bearing with one another and, if one has a complaint against another, forgiving each other; as the Lord has forgiven you, so you also must forgive. 14 And above all these put on love, which binds everything together in perfect harmony. 15 And let the peace of Christ rule in your hearts, to which indeed you were called in one body. And be thankful.
Exodus by Philipp Ryken
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