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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.

28. If an ox gore a man. Moses now descends even to the brute animals, so that, if they injured any one, by their punishment men may be more and more deterred from shedding blood. If, therefore, a goring ox have killed a man, he commands that it should be stoned, and that its carcass should be thrown away as abominable. Though censorious persons mock at this law, as if it were childish to punish a wretched animal, in which there is no criminality, their insolence requires but a brief refutation. For, since oxen were created for man’s good, so we need not wonder that their death, as well as their life, should be made to contribute to the public advantage. If, then, an ox that had killed a, man should be kept, men would undoubtedly grow hardened in cruelty by beholding it; and to eat its flesh, would be almost the same thing as eating the flesh of man. The cruelty of men, therefore, could not better be restrained, so that they should hold the murder of each other in abhorrence, than by thus avenging a man’s death. In the second place, God proceeds further, condemning the master of the ox himself to death, if he had been previously admonished to beware; for such a warning takes away the pretext of ignorance; nor should the punishment seem to be severe for gross neglect, because to give free outlet to dangerous beasts is equivalent to compassing men’s death. He who knowingly and willfully exposes the life of his brother to peril, is justly accounted his murderer. The exception which is finally added, at first sight contains a kind of contradiction, because it was forbidden by the Law to compound with a murderer for money. But inasmuch as a delinquency (delictum) differs from a crime, although it was unlawful to covenant with murderers for the remission of their punishment, still the judges were permitted on their hearing of the case, to mitigate it, if a man were excused by his unconsciousness or inadvertency. This, then, is a special exception, which permits the judges to distinguish between the nature of offenses; viz., that, if they discovered a man not to be worthy of death, they should still punish his negligence by a pecuniary fine.