Daily Thoughts from Exodus: Taking Law into Our Own Hands (21:12-32)

“Whoever strikes a man so that he dies shall be put to death. 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. But if a man willfully attacks another to kill him by cunning, you shall take him from my altar, that he may die.

“Whoever strikes his father or his mother shall be put to death.

“Whoever steals a man and sells him, and anyone found in possession of him, shall be put to death.

“Whoever curses his father or his mother shall be put to death.

“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, 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.

“When a man strikes his slave, male or female, with a rod and the slave dies under his hand, he shall be avenged. But if the slave survives a day or two, he is not to be avenged, for the slave is his money.

“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. But if there is harm, then you shall pay life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe.

“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. If he knocks out the tooth of his slave, male or female, he shall let the slave go free because of his tooth.

“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. 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. If a ransom is imposed on him, then he shall give for the redemption of his life whatever is imposed on him. If it gores a man’s son or daughter, he shall be dealt with according to this same rule. 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. (Exodus 21:12-32, ESV)

How shall the law concerning murder be implemented and interpreted for the community? God gives several cases that will help judges determine how to impose justice in this regard:

– Committing murder should result in the death penalty. However, a distinction is made between premeditated murder and what we call manslaughter. In the case of manslaughter (God let the deceased fall into the hands of the killer) immediate imposition of the death penalty shall wait until there can be a hearing in a city designated by God to where the killer may flee and await justice. If it is obvious that it was premeditated, death may be instant.

– Killing one’s parents, even cursing them, results in the death penalty. Patricide and matricide is most despicable.

– Kidnapping is a capital offense. This should have shown Israel that not just actual murder but murderous intent was conceived of in this commandment, as Jesus clearly explains in his sermon on the mount (Matthew 5).

– If murderous intent does not result in the death of the victim, the death penalty is not imposed but the one who injured must take care of and compensate the one injured.

– Killing one’s slave is also a capital offense. Severe injury to one’s slave purchases their freedom from the violent master.

– If a woman is struck during a conflict and delivers prematurely, yet the baby lives, there shall be compensation made as the judges determine, but if the baby dies then the life of the one who caused it is forfeited. The baby in the womb bears the same rights as the one born.

– If an animal kills a human the animal must be put to death, but if the owner of the animal knows that his animal is prone to such dangerous actions and does nothing to prevent this happening, the owner’s life is forfeit (he is guilty of murder). If in mercy the owner is allowed to redeem his life with money he will pay whatever the judge imposes on him. In the case of a slave being killed, the owner of the animal must pay the price of the slave to compensate his or her owner and the animal must be killed.

We see, then, the justification for jurisprudence, the consideration of motives and guilt, as means of making sure that the law is applied correctly and justice is done in a society. God cares about this very much.