(The fifty-second in a series of sermons on Exodus, preached January 29, 2012.)
Exodus 21:12 “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.
21:15 “Whoever strikes his father or his mother shall be put to death.
21:16 “Whoever steals a man and sells him, and anyone found in possession of him, shall be put to death.
21:17 “Whoever curses his father or his mother shall be put to death.
21:18 “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.
21:20 “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.
21:22 “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.
21:26 “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.
21:28 “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.
21:33 “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.
21:35 “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.[1]
A rampaging professor kills three colleagues. A distracted woman – driving while texting someone on her phone – hits and kills a highly trained athlete. An aggressive dog mauls a wife and mother. We remember these painful, twisted, real world events.[2]
Today we continue our study of God’s law given through Moses to Israel. It deals with crime and punishment. Every word is God’s word to the world as it was and remains – painful, twisted, and broken.
This section of God’s law takes the abiding principles of the Ten Commandments and works them out in the civil laws of ancient Israel. These specific laws are for Israel alone – they governed no other nation. But in these laws we discover general principles of fairness that speak to any community that is serious about justice for human beings made in God’s image.
Crimes and punishments fall into three categories: first there are death penalty crimes (12-17), secondly there are crimes resulting in bodily injury (18-27), and thirdly, there are crimes of culpable negligence (28-36).[3] We’ll look at each.
First, death penalty crimes. These laws command the execution of the murderer, the child who assaults his parents, and the kidnapper.
Let’s begin with the murderer: “Whoever strikes a man so that he dies shall be put to death” (Exodus 21:12). When someone murders - cold, calculated, premeditated murder – execution is the only punishment that fits the crime.
Some argue that the Ten Commandments forbid capital punishment. Doesn’t the sixth commandment read, “you shall not kill” (Exodus 20:13)? Isn’t it a blanket condemnation of all killing? We know it’s not because when we move just a few verses beyond the Ten Commandments to today’s text, we find one of the many Bible passages that command capital punishment. So, it’s all but preposterous to argue that the Bible forbids it. The same Bible that forbids murder commands the judicial execution of murderers.
Genesis 9:6 lays the foundation for capital punishment: “Whoever sheds the blood of man, by man shall his blood be shed, for God made man in his own image” (Genesis 9:6). Strange as it may seem, the Lord affirms the sanctity of human life by commanding the execution of murderers. Murder is not just an assault on human life or a devastating attack on a community, as horrific as these things are. Murder is ultimately an attack on God, for God made man in his own image. To murder a man who bears God’s image is to assault man’s Creator. Death is the only appropriate punishment for such a serious crime.
Capital punishment protects human life by assigning to the murderer the single suitable punishment for the one who takes the life of God’s image bearer. God entrusts to man the responsibility for executing the murderer.[4]
The New Testament warns Christians not to take revenge upon those who do evil to them (Romans 12:19). Why? The answer is found in Romans 13. Vengeance belongs to God; he has given civil government the authority to execute the evildoer. The authority to take life is symbolized by the sword, the weapon that takes life (Romans 13:4). Capital punishment preserves life by entrusting the enforcement of death penalty crimes to civil authorities. Vigilante justice is forbidden by the Lord.
What can we say about the Bible’s view of capital punishment? Capital punishment is “an obligation, not an option.”[5] “Because God’s own image is stamped in man, the murderer must die.”[6] Proper administration of the death penalty protects human life.
We return to Exodus 21. Israel must carefully distinguish between premeditated murder and unintended killing: “But if he [that is, the manslayer] did not lie in wait for him, but God let him fall into his hand [in other words, the death is accidental[7]; some events are beyond human control but none is beyond God’s control], then I will appoint for you a place to which he may flee” (Exodus 21:14). The person who has unintentionally killed – who has acted without premeditation or malice aforethought - may flee to an altar and, later, to cities of refuge, where he is safe until trial. Justice must be served, but it must not be served recklessly. Careful investigation precedes a verdict and sentencing. Although an ancient text, this is talking about due process, which is a protection against a hasty rush to judgment and mob violence – just the kind of protection we enjoy today. We owe much to the example of scripture.
The death penalty is prescribed for children who assault their parents. “Whoever strikes his father or his mother shall be put to death” (Exodus 21:16). This verse is not about a toddler acting out in WalMart, but is all about the attempted murder of one’s parents by an adult child. “Honor your father and mother” (Exodus 20:12) is a bedrock biblical principle. A nation is not so much a collection of individuals as it is a collection of homes and families. Homes establish order, transmit virtue, and restrain sin. So vital is the respect of parental authority, that to murderously strike at one’s parents is to strike at the heart of a nation, and shatters the foundation of a stable society.
Verse 17 continues the application of the fifth commandment to the life of ancient Israel. “Whoever curses his father or his mother shall be put to death” (Exodus 21:17). Cursing involves more than a temper tantrum, but is bound up in the behavior that physically attacks. Israel’s position among hostile nations is precarious; violently disobedient sons will threaten the nation’s survival.
Now here’s where we do well to stop and reflect. Our initial response when we hear this is that this commandment is extreme, extreme to the point of barbaric. Again – and I repeat myself only because it’s important – these particular laws were meant only to govern Israel. We needn’t and shouldn’t incorporate many of them into contemporary law codes. Still, are they as barbaric as they seem?
Let’s talk about barbaric behavior; it’s not confined to the remote past. Some of you watched on TV the riots in England last year. Underclass youth went on a looting rampage that lasted for days. The riots had nothing to do with poverty – the vandals weren’t breaking into bakeries to steal bread. Instead, they emerged from tech stores, carrying X-boxes and widescreen TVs.[8] At the heart of the crisis was a lack of parental authority. Police were left to deal with the consequences of parental failure.
At a critical time in Israel’s history, as they trekked through the desert, surrounded by enemies – order was essential. And what seems to be a harsh law to modern readers, actually restrained behaviors that would put the nation’s survival at risk. But if the Fifth Commandment – “honor your father and mother” – does not work itself into the fabric of our society, our nation will perish. You might think that Al-Qaeda, a nuclear Iran, and a tenuous economy threaten our country. But none is as great a threat as malevolent and evil behaviors that tear apart our families.
We’re talking about the death penalty: let’s continue. Death is prescribed for the person who kidnaps men and sells them into slavery, and for the person who purchases such a slave. “Whoever steals a man and sells him, and anyone found in possession of him, shall be put to death” (Exodus 21:16). As we discovered last week, had Western Christians taken this verse to heart there would have been no African slave trade.
Capital punishment is the question before the house. But we must not end on this note of solemn justice. God’s mercy is directed to all kinds of sinners, including murderers. Just as God forgave the repentant David, so he makes provision in the death of Christ for every sinner, including the repentant murderer. Biblical truth requires biblical boldness. Christians proclaim the rectitude of the death penalty in an age that is skeptical of its morality, while at the same time, proclaiming the grace of God to all sinners who themselves deserve death (Romans 6:23). The gospel promises forgiveness of sins and eternal life to all who turn in repentance and faith to Jesus Christ our Lord.
We move from death penalty crimes to bodily injury (18-27). In each of the four cases, one person is injured by another’s person’s violence, and the victim must be compensated.
Let’s look at the first case. “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” (Exodus 21:18-19). Two men argue; one of them explodes in anger and strikes the other, leaving him injured. The violent man must do two things: he must compensate the injured man for his lost wages and take responsibility for his health care. Writes Phil Ryken, “[t]o put this in contemporary terms, the man who committed the crime had to pay workmen’s compensation and take care of his victim’s medical bills.”[9] Think before you resort to your fists. An angry man bears responsibility for the consequences of his violence.
Two of these cases involve injury to slaves. Last week we saw that Hebrew slavery was quite different from the American slave system, so different that perhaps another word - “bond-servant” – would be more accurate than “slave.” Hebrews sold themselves into servitude for a specific period of time to pay off a debt, to learn a trade, or to advance socially. No Hebrew could be forcibly enslaved. It’s not a world we would wish to live in, but it was the world of Israel’s day, and the Lord, through his law, establishes rights and protections for the weak.
A master’s authority is not unlimited. God’s law protects slaves, and expresses a level of concern for their well-being. This level of concern was virtually unknown in the rest of the ancient Near East.[10] Verse 20 assumes the master’s right to administer corporal punishment, a method of correcting disobedient servants throughout the ancient world. The master must be able to discern the difference between discipline and deadly force.[11]
Look at the law:
First, striking and killing a slave is a capital crime. “When a man strikes his slave, male or female, with a rod and the slave dies under his hand, he shall be avenged.” (Exodus 2:20). Kill your slave and you die.
Next, “if the slave survives a day or two, he is not to be avenged, for the slave is his money” (Exodus 2:21). This might sound strange, but the law here makes sense. The master’s foolish behavior deprives him of his slave’s labor. By treating his slave badly he’s injured his own interests, and will pay a significant sum in lost labor and medical treatment before his servant’s health is restored.
Verses 26-27 are unique to the ancient world. A master brings a slave into his own house. Can he require him to work hard? Yes, he can. Can he physically maim him? Never! “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.” (Exodus 21:26-27) Slap a slave and knock out his tooth, and the slave goes free. He must be compensated for his loss. Israel’s neighbors had slave systems, but none afforded protection for their slaves. Israel must deal kindly with slaves. It must never forget that they too were once slaves, and the slave before them is not an animal to be harshly beaten and driven, but an image bearer of God.
If the slave was vulnerable, and must be accorded special legal protections, so too must the unborn. Human life begins in the womb, and to assault a pregnant woman is to assault her unborn child, and to assault the unborn child is to assault an image bearer of God. “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 [that is, harm to either mother or child], 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.” (Exodus 21:22-24)
Focus on verses 23 and 24: “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” (Exodus 21:23-24). Frequently these verses are dismissed as barbaric. They don’t meant that if someone pokes out your eye, you get to poke out his, or if he knocks out your tooth, you get to play dentist and return the favor. Rather, it is a memorable way of articulating the foundation of any just society – namely, that punishments must fit the crime. Not too harsh, not too lenient – in a just society the measure of punishment meted out must correspond to the severity of the crime committed. We make a mockery of justice, for example, when someone does a few years time for murder. On the other hand, to hang a child for stealing food is monstrous. Call it what you will, retributive justice or lex talionis or eye-for-eye, tooth-for-tooth justice, the principle is the same: the punishment must fit the crime.
Crime and punishment. We’ve looked at two categories: death penalty and personal injury crimes. We move on to the third and final category: culpable negligence (28-36).
Two examples:
First, it is the responsibility of an owner to protect others by controlling his animals. If a man’s animal injures a person or another animal, the owner bears responsibility for compensating the injured party. Failure to control his animal is costly: if the animal has no previous history of violence, he loses his animal; if there is a history of violence, the owner either forfeits his life or compensates the victim’s family. Matthew Henry states the text’s principle memorably: “It is not enough for us not to do mischief ourselves, but we must take care that no mischief be done by those whom it is in our power to restraining, whether man or beast.”[12]
Second, a man must use reasonable foresight to prevent accidents. In the ancient world, pits were dug to store grain, and were used “as cisterns, latrines, refuse dumps and robber pits.”[13] A man who digs a pit must cover it. If he doesn’t and an animal stumbles into it, verses 33-34 demand he make restitution to the owner of the lost animal. Today we lock away our weapons, build fences around our pools, install guardrails on steps, and take many other precautions to protect those on our property. Unlike Israel, we are no longer an agrarian society. But without difficulty, we can see how the principles of the text speak to our modern world.
Exodus 21:12-36 is a remarkable passage. Not just the rich and powerful, but every Israelite, even the unborn, is afforded protection under the law. Rights we take for granted – due process, legal liability, compensatory damages, medical reimbursement for injury, and restitution – are woven into God’s law for ancient Israel. Our world is far from perfect and never will be. Laws based on biblical principles will not perfect society, but they do protect each member of society, and establish a humane order in a broken world. God’s law given through Moses speaks to us today as much as ever. We mustn’t ignore it.
To a degree, laws can restrain evil. When fair and properly administered, they can keep the world from becoming even more violent, more dangerous, and more insecure than it already is. To put it another way, there are limits to what the law can accomplish. Which is all the more reason for us to keep our eyes focused on that eternal city, “whose designer and builder is God” (Hebrews 11:10). By faith in Christ, we become citizens of that city. But now, for a time, we live as pilgrims and exiles outside its walls (1 Peter 2:11), earnestly seeking the salvation of men and women so that they too can have the hope of life eternal. And, deeply caring about the laws of our land, that we might have a human society that protects every man, woman, and child as imagebearers of God.
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[1] All Scripture quotations are from The Holy Bible, English Standard Version, copyright © 2001 by Crossway Bibles, a division of Good News Publishers. Used by permission. All rights reserved.
[2] For this idea, I am indebted to Philip Graham Ryken, Exodus: Saved for God’s Glory (Crossway: 2005), 709.
[3] Ryken, 710
[4] O. Palmer Robertson, The Christ of the Covenants (P&R: 1980), 116.
[5] Bruce K. Waltke, Genesis (Zondervan: 2001), 158.
[6] Robertson, 115.
[7] John Mackay, Exodus (Mentor: 2001), 371.
[8] I owe this observation to a December 2011 radio discussion between economists Walter Williams and Thomas Sowell.
[9] Ryken, 713.
[10] John D. Currid, Exodus, vol. 2 (Evangelical Press: 2001), 77.
[11] Currid, 78.
[12] In Currid, 88.
[13] Currid, 86.
