Exodus 21

For further discussion on the subject of murder, see Exodus 20:13 and comment.

15–17 In these verses three offenses are listed which could receive the death penalty: attacking one’s parents, cursing one’s parents, and kidnapping (the stealing of a human being). Parental authority was so important to God that abusing it demanded the severest possible penalty (see Exodus 20:12 and comment). Notice that the father and mother are both mentioned; they both deserve equal respect from their children.

Many Christians today are troubled by the use of capital punishment in the Old Testament for such crimes as attacking and cursing parents, kidnapping, sorcery, bestiality and idolatry. However, such punishment reflected the high value God placed on the family structure and on the purity of worship and on life itself. Far from demeaning the sanctity of life, capital punishment was designed to preserve it. It is likely, however, that capital punishment was used sparingly in Old Testament times; lesser penalties were frequently chosen.

18–19 When a person was intentionally injured by another, but recovered, the one causing the injury had to pay compensation for the time the injured person could not work. If recovery did not take place, however, the one causing the injury would have to bear the appropriate penalty (see verses 22–25 and comment).

20–21 In the ancient world slavery was common. Slaves had no rights or protection whatever; their masters could treat them as they pleased. The law given here was unprecedented in its time, because it gave slaves some protection from cruel masters and held those masters accountable. If a master killed a slave deliberately, he could face the death penalty. If the master only injured the slave, he was required to set the slave free (verses 26–27).

22–25 In these verses we are given a very important Old Testament law: the “law of retaliation” (verses 23–25). The law is introduced by an example involving a pregnant woman and her child, but the law itself applies to any kind of bodily injury. The law is often paraphrased: “Eye for eye, tooth for tooth.”

This law has often been misunderstood. It did not sanction personal revenge.⁷³ Rather, it was meant to aid judges and courts in determining a punishment that would match the crime. In other words, the law was meant to protect someone from being punished too harshly—from having to give a “life for an eye” or a “limb for a tooth.”

Furthermore, this “law of retaliation” was not meant to be applied literally in every case; it was only a guide. Instead of actually paying with one’s life—or one’s eye or tooth—the guilty person could pay money.⁷⁴

The Jews in Jesus’ time were using this law to justify revenge and retaliation: “If you injure my eye, I’ll injure yours.” But Jesus taught that one shouldn’t retaliate at all; rather, one should be merciful and forgive the one who did the harm (Matthew 5:38–42).

26–27 If a master injured a slave, the slave was to be set free; as a result, the master suffered economic loss. This law, therefore, inhibited masters from mistreating their slaves (see verses 20–21 and comment).

28–36 These verses list various laws that cover injury involving animals. Notice in verse 28 that an animal which killed a human must itself be killed (Genesis 9:5). Furthermore, the owner of the animal could be held responsible and even be given the death penalty (verse 29).

If an animal killed a slave, the animal’s owner was required to pay thirty shekels of silver⁷⁵ to the master of the slave (verse 32). But if the animal’s owner had been negligent,⁷⁶ then he would have to bear full responsibility for the death of a human being (see verse 20). Slaves were no less valuable in God’s sight than other people.