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21. Servants, Injuries

¹ “These are the laws you are to set before them:

Hebrew Servants

² “If you buy a Hebrew servant, he is to serve you for six years. But in the seventh year, he shall go free, without paying anything. ³ If he comes alone, he is to go free alone; but if he has a wife when he comes, she is to go with him. ⁴ If his master gives him a wife and she bears him sons or daughters, the woman and her children shall belong to her master, and only the man shall go free.

⁵ “But if the servant declares, ‘I love my master and my wife and children and do not want to go free,’ ⁶ then his master must take him before the judges. Or before God He shall take him to the door or the doorpost and pierce his ear with an awl. Then he will be his servant for life.

⁷ “If a man sells his daughter as a servant, she is not to go free as male servants do. ⁸ If she does not please the master who has selected her for himself, Or master so that he does not choose her he must let her be redeemed. He has no right to sell her to foreigners, because he has broken faith with her. ⁹ If he selects her for his son, he must grant her the rights of a daughter. ¹⁰ If he marries another woman, he must not deprive the first one of her food, clothing and marital rights. ¹¹ If he does not provide her with these three things, she is to go free, without any payment of money.

Personal Injuries

¹² “Anyone who strikes a person with a fatal blow is to be put to death. ¹³ However, if it is not done intentionally, but God lets it happen, they are to flee to a place I will designate. ¹⁴ But if anyone schemes and kills someone deliberately, that person is to be taken from my altar and put to death.

¹⁵ “Anyone who attacks Or kills their father or mother is to be put to death.

¹⁶ “Anyone who kidnaps someone is to be put to death, whether the victim has been sold or is still in the kidnapper’s possession.

¹⁷ “Anyone who curses their father or mother is to be put to death.

¹⁸ “If people quarrel and one person hits another with a stone or with their fist Or with a tool and the victim does not die but is confined to bed, ¹⁹ the one who struck the blow will not be held liable if the other can get up and walk around outside with a staff; however, the guilty party must pay the injured person for any loss of time and see that the victim is completely healed.

²⁰ “Anyone who beats their male or female slave with a rod must be punished if the slave dies as a direct result, ²¹ but they are not to be punished if the slave recovers after a day or two, since the slave is their property.

²² “If people are fighting and hit a pregnant woman and she gives birth prematurely Or she has a miscarriage but there is no serious injury, the offender must be fined whatever the woman’s husband demands and the court allows. ²³ But if there is serious injury, you are to take life for life, ²⁴ eye for eye, tooth for tooth, hand for hand, foot for foot, ²⁵ burn for burn, wound for wound, bruise for bruise.

²⁶ “An owner who hits a male or female slave in the eye and destroys it must let the slave go free to compensate for the eye. ²⁷ And an owner who knocks out the tooth of a male or female slave must let the slave go free to compensate for the tooth.

²⁸ “If a bull gores a man or woman to death, the bull is to be stoned to death, and its meat must not be eaten. But the owner of the bull will not be held responsible. ²⁹ If, however, the bull has had the habit of goring and the owner has been warned but has not kept it penned up and it kills a man or woman, the bull is to be stoned and its owner also is to be put to death. ³⁰ However, if payment is demanded, the owner may redeem his life by the payment of whatever is demanded. ³¹ This law also applies if the bull gores a son or daughter. ³² If the bull gores a male or female slave, the owner must pay thirty shekels That is, about 12 ounces or about 345 grams of silver to the master of the slave, and the bull is to be stoned to death.

³³ “If anyone uncovers a pit or digs one and fails to cover it and an ox or a donkey falls into it, ³⁴ the one who opened the pit must pay the owner for the loss and take the dead animal in exchange.

³⁵ “If anyone’s bull injures someone else’s bull and it dies, the two parties are to sell the live one and divide both the money and the dead animal equally. ³⁶ However, if it was known that the bull had the habit of goring, yet the owner did not keep it penned up, the owner must pay, animal for animal, and take the dead animal in exchange.

22. If men strive, and hurt a woman. This passage at first sight is ambiguous, for if the word death ³⁹³⁹ It will be seen that the word אסון in the text is translated by C., mors; in A V., mischief. “The Chaldee expounds it, (says Ainsworth,) no death; but it implieth less also than death, as the words following manifest. The Greek refers it to the child; translating, if it be not figured, (ἐξεικονισμένον,) i e., have not the shape and proportion.” only applies to the pregnant woman, it would not have been a capital crime to put an end to the foetus, which would be a great absurdity; for the foetus, though enclosed in the womb of its mother, is already a human being, (homo,) and it is almost a monstrous crime to rob it of the life which it has not yet begun to enjoy. If it seems more horrible to kill a man in his own house than in a field, because a man’s house is his place of most secure refuge, it ought surely to be deemed more atrocious to destroy a foetus in the womb before it has come to light. On these grounds I am led to conclude, without hesitation, that the words, “if death should follow,” must be applied to the foetus as well as to the mother. Besides, it would be by no means reasonable that a father should sell for a set sum the life of his son or daughter. Wherefore this, in my opinion, is the meaning of the law, that it would be a crime punishable with death, not only when the mother died from the effects of the abortion, but also if the infant should be killed; whether it should die from the wound abortively, or soon after its birth. But, since it could not fail but that premature confinement would weaken both the mother and her offspring, the husband is allowed to demand before the judges a money-payment, at their discretion, in compensation for his loss; for although God’s command is only that the money should be paid before the judges, ⁴⁰⁴⁰ The word determine is added by our translators. Ainsworth’s literal rendering is, “and he shall give by the judges.” still He thus appoints them to settle the amount as arbitrators, if the husband should chance to be too exorbitant. We plainly perceive, by the repetition of the lex talionis, that a just proportion is to be observed, and that the amount of punishment is to be equally regulated, whether as to a tooth, or an eye, or life itself, so that the compensation should correspond with the injury done; and therefore (what is first said of the life ⁴¹⁴¹ Added from Fr. ) is correctly applied also to the several parts, so that he who has plucked out his brother’s eye, or cut off his hand, or broken his leg, should lose his own eye, or hand, or leg. In fine, for the purpose of preventing all violence, a compensation is to be paid in proportion to the injury. But although God commands punishment to be inflicted on the guilty, still, if a man be injured, he ought not to seek for vengeance; for God does not contradict Himself, who so often exhorts His children not only to endure injuries patiently, but even to overcome evil with good. The murderer is to be punished, or he who has maimed a member of his brother; but it is not therefore lawful, if you have unjustly suffered violence, to indulge in wrath or hatred, so as to render evil for evil. Since this error was rife among the Jews, our Lord refutes it, and teaches that the punishment, which is publicly awarded to the wrong-doer, is not subservient to every man’s private passion, so that he who is offended should make haste to retaliate. (Matthew 5:38.) Nor indeed are these words addressed to them in order to inflame or excite the desire of vengeance, but all violence is restrained by the fear of punishment.