53 - Sermons on Exodus (22:1-15)

(The fifty-third in a series of sermons on Exodus, preached February 5, 2012.)

Exodus 22:1 “If a man steals an ox or a sheep, and kills it or sells it, he shall repay five oxen for an ox, and four sheep for a sheep. 2 If a thief is found breaking in and is struck so that he dies, there shall be no bloodguilt for him, 3 but if the sun has risen on him, there shall be bloodguilt for him. He shall surely pay. If he has nothing, then he shall be sold for his theft. 4 If the stolen beast is found alive in his possession, whether it is an ox or a donkey or a sheep, he shall pay double. 5 “If a man causes a field or vineyard to be grazed over, or lets his beast loose and it feeds in another man’s field, he shall make restitution from the best in his own field and in his own vineyard. 6 “If fire breaks out and catches in thorns so that the stacked grain or the standing grain or the field is consumed, he who started the fire shall make full restitution. 7 “If a man gives to his neighbor money or goods to keep safe, and it is stolen from the man’s house, then, if the thief is found, he shall pay double. 8 If the thief is not found, the owner of the house shall come near to God to show whether or not he has put his hand to his neighbor’s property. 9 For every breach of trust, whether it is for an ox, for a donkey, for a sheep, for a cloak, or for any kind of lost thing, of which one says, ‘This is it,’ the case of both parties shall come before God. The one whom God condemns shall pay double to his neighbor. 10 “If a man gives to his neighbor a donkey or an ox or a sheep or any beast to keep safe, and it dies or is injured or is driven away, without anyone seeing it, 11 an oath by the LORD shall be between them both to see whether or not he has put his hand to his neighbor’s property. The owner shall accept the oath, and he shall not make restitution. 12 But if it is stolen from him, he shall make restitution to its owner. 13 If it is torn by beasts, let him bring it as evidence. He shall not make restitution for what has been torn. 14 “If a man borrows anything of his neighbor, and it is injured or dies, the owner not being with it, he shall make full restitution. 15 If the owner was with it, he shall not make restitution; if it was hired, it came for its hiring fee.[1] 

“You shall not steal” (Exodus 20:15). The eighth commandment assumes the private ownership of property. You must not take what belongs to your neighbor. Do so and you defy God, and incur his wrath.

The eighth commandment supplies the big picture about how we should treat property: God forbids stealing. We must show proper concern for our own and our neighbor’s property. The case laws of Exodus 22:1-15 are the eighth commandment in action.

Exodus 22:1-15 contains several property laws. At first glance, these can be off-putting – the laws are ancient and designed for an agrarian economy. The law identifies what’s important to that society – oxen, sheep, donkeys, fields, vineyards, and grain, the valuables put at risk by theft and carelessness. These civil laws governed Israel and Israel alone, the one nation in covenant with the Lord. Israel’s laws reflect the character of Israel’s God - his perfect standard of justice, his concern for all his people, both great and small.

Although these laws governed only Israel, they have much to say to any nation about the administration of justice. They contain important principles of equity and we must not ignore them. They are the word of the Lord. Let’s dig in, and look at each of these laws.

First, the thief must restore what is stolen and pay both compensatory and punitive damages. “If a man steals an ox or a sheep, and kills it or sells it, he shall repay five oxen for an ox, and four sheep for a sheep . . . He shall surely pay. If he has nothing, then he shall be sold for his theft. If the stolen beast is found alive in his possession, whether it is an ox or a donkey or a sheep, he shall pay double. (Exodus 22:1,3-4). The scenario is clear: if the thief steals one farm animal, and either kills or sells it, he must repay the owner with an additional four or five animals – in other words, he must pay compensatory and punitive damages. If he steals an animal and it’s found alive, then he must repay the owner two animals – again compensatory and punitive damages. The compensation less, of course, because the farmer has not suffered permanent loss; his animal was returned.

John Currid makes an interesting observation about the punitive nature of these punishments. He writes, “Theft is a means by which people attempt to enrich themselves. However, if and when they are caught, they are required to repay at least double what was stolen. In this manner, the theft ends up actually impoverishing the thieves!”[2] By design, God’s punishment deters crime; theft is sure path to poverty.

I know you’re curious, and you wonder why an ox is deemed more valuable than a sheep in verse 1. Look at the penalty. The thief must repay “repay five oxen for an ox, and four sheep for a sheep.” Why the difference between a sheep and an ox? An ox was the farmer’s most valuable work tool. It took years to make one optimally efficient. To lose a good ox is comparable to a mechanic losing his tools, or an engineer his computer, or a cab driver his taxi. The farmer’s livelihood is placed at risk.[3]

If a thief cannot make restitution, then he is sold into slavery, and his purchase price used to compensate the owner’s loss. As we saw earlier, the Hebrew slave system was not comparable to the American slave system. The Hebrew slave was bound to his master for a definite period of time – six years – and then either freed, or, if the slave chose voluntarily, could remain in his master’s house (Exodus 21:1-6). The master incurred severe punishments for abusing a slave (Exodus 21:20, 26-27). In Exodus 22, the concern is providing relief to the owner of stolen property. The thief is responsible. Either he compensates for his loss, or he is sold into the servitude of another to cover the cost of his crime.

Restitution, compensatory damages, and punitive damages that are severe but measured: think carefully about these punishments. I am not advocating that we do away with prisons, but the wisdom of God’s law is obvious. A man has broken faith with his community by stealing. The law requires he accept responsibility for his action by working hard and repaying the victim. Surely, this is the best path to restoring a thief to his community. Accountable for his action and his debt repaid, he is fully restored.

More than one parent has found his child in possession of something he swiped at a store. Responsible parents make their child return to the store, confess their crime to the storeowner, and give back the stolen property. If a child breaks another person’s possession, responsible parents make him pay for what they broke, and if he can’t repay, he must work to pay off his debt. Wouldn’t it be wonderful if no child ever stole or recklessly broke another’s property, but unless you live in a fantasy world, you understand that misbehavior of this kind is part of life in a sinful world. Therefore, we go to work with our children, teaching them and enforcing personal responsibility.

Don’t miss something in the text that we take for granted, but was novel in its day – equal protection under the law. One law applies to every citizen.

Compare that with the ancient law code of code of the Babylonian king, Hammurabi. One writer notes that it:

imposes penalties on theft that vary with the status of the victim, depending on whether the ox was stolen from the king, temple, a man of middle station, a slave, etc. The sliding scale of penalties ranged from death at one end to tenfold at the other with thirtyfold in the middle for good measure. If the thief could not pay the penalty it was death. Several scholars have pointed out that one of the crucial differences between the Torah and the Babylonian codex is the fact that the former makes no distinction between rich and poor, king or priest.[4] 

Philip Ryken comments: “Israel’s law was different because the Israelites served a just God, who offers equal protection under his law. God is not on the side of the rich but also defends the poor.”[5] We owe much to God’s law given to Israel.

Notice the protection of life embedded in these first four verses: “If a thief is found breaking in and is struck so that he dies, there shall be no bloodguilt for him, but if the sun has risen on him, there shall be bloodguilt for him” (Exodus 21:2-3). If a thief breaks into a home at night, the homeowner may take his life in self-defense – in the dark of night it’s impossible to know what the intruder is up to, and a homeowner may assume the worst. Not so in the daylight. To put it in today’s language, the intruder may pose no physical threat, and nothing more is required than to notify law enforcement officials. Think of a teenager stealing things out of your garage. You want him caught, punished, and made a responsible citizen. You don’t want him dead.

God’s law protects even the thief’s life. Upholding just order in God’s community, the restitution of stolen property, and the thief’s restoration to society as a responsible human being – these are the goals of Exodus’s property laws.

How different are Israel’s neighbors – most of them ordered the execution of thieves. Again, the Code of Hammurabi: “If a seignior [that is, person of rank] made a breach in a house, they shall put him to death . . . If a seignior committed robbery and has been caught, that seignior shall be but to death.”[6] How different from Israel’s law! There is hope for the thief, that he will steal no more. Repentance and restitution stand at the heart of God’s law!

And they are at the heart of the gospel, too. Earlier in the service we read the story of Zacchaeus, the Jewish tax collector.

In Jesus’ day, tax collectors were an unsavory lot. Here’s how the system worked. Rome levied taxes on its various occupied territories. Tax collectors came from the indigenous populations, and were responsible for collecting the amount of money Rome ordered. They collected it, but added to the levy large sums of money to line their own pockets. Not only were they thieves, but turncoats against their own people.

Zacchaeus was such a man. That is, until he met Jesus - until Jesus came to his home - until Zacchaeus received him joyfully. His reception of Jesus was more than kindness to a houseguest; by faith he received Christ as his Savior and Lord. The day he climbed the sycamore tree was the day of his salvation.

Saving faith always travels with a companion, and that companion is repentance. Repentance means hating our sin and turning from it to God, and an evidence of genuine repentance is putting things right with those we’ve wronged.

The day salvation came to Zacchaeus, he was a changed man. He declares: “Behold, Lord, the half of my goods I give to the poor. And if I have defrauded anyone of anything, I restore it fourfold” (Luke 19:8). The man who once plundered and impoverished many, now gives the poor half his wealth. To those he’s robbed, he vows to pay back fourfold. Sound familiar? The Law of Moses, with its rules of restitution, shape Zacchaeus’s repentance. Not only is Zacchaeus forgiven, he’s restored to the community of God’s people

Here’s the beauty of the gospel: it is sinful people – like you and me – that God justifies through faith in Jesus Christ (Romans 4:5). A persecutor like Paul or a crook like Zacchaeus finds welcome. In the community of believers, thieves learn to steal no more, and restore what they’ve stolen. The power of the gospel!

We need to move quickly through the remainder of this passage. Sometimes Old Testament Law seems confusing, old fashioned, and unduly harsh. But as we study carefully, we see that we are the beneficiaries of many of its principles – equal protection under the law, restitution, and compensatory damages. The setting of these laws – an agrarian society – is different from modern America. But the principles behind these laws testify to a wise, just, and caring Lord.

Verses 5 and 6 deal with negligence. A farmer’s livestock gets into a neighbor’s field and devours it. The owner of the animals must make restitution. So, too, must the man who burns brush. If the fire gets out of hand, and consumes his neighbor’s property, he must make restitution. It’s not enough to say, “Sorry, I didn’t mean to.” Whether we intend to harm another’s property or not, we still must restore what we’ve damaged or destroyed.

A different problem arises in verses 7-9. A man entrusts his property to a neighbor for safekeeping and it’s stolen. If the thief is nabbed, he must not just return what he took, but pay double (Exodus 22:7) – another example of compensatory and punitive damages.

But what if the thief can’t be located. What if the owner suspects his neighbor has hidden or sold his property, and blamed the loss on a non-existent thief? Verse 8 instructs that the accused “shall come near to God to show whether or not he has put his hand to his neighbor’s property” (Exodus 22:8). “Come near to God” means to appear before the solemn assembly of Israel’s elders; the elders will act as judges. They must hear testimony, weigh evidence, and reach a verdict.

What about an animal that is entrusted to another person and it is injured, killed, or disappears without anyone seeing what happened. Verses 10-13 provide the legal remedy. The person caring for the animal must declare his innocence and take an oath, calling upon the all-seeing and all-knowing God to be his witness. The person who has lost an animal must accept his neighbor’s word: “The owner shall accept the oath, and [the neighbor] shall not make restitution” (Exodus 22:11).

Verse 12 is another warning against negligence: “But if it [that is, the animal] is stolen from him, he shall make restitution to its owner” (Exodus 22:2). This verse assumes the person to whom the animal was entrusted did not exercise proper vigilance; he permitted a thief to steal the animal from him. In this case, he must make restitution (Exodus 22:12). But if a predator destroyed the animal, then that situation is beyond his control. He must bring the carcass to court as proof of the attack, and need not make restitution (Exodus 22:13). Marauding animals were so prevalent and dangerous that even the most vigilant man couldn’t always protect his livestock from them.

Verse 14 provides the general rule about borrowing and lending: “If a man borrows anything of his neighbor, and it is injured or dies, the owner not being with it, he shall make full restitution” (Exodus 22:14). All of us must, at one time or another, borrow things. When we do, must take care of property loaned to us as if it were our own. If we damage what’s loaned us, we must make restitution.

The last half of verse 14 deals with loss of property belonging to someone who is working for another person. “[If] it was hired, it came for its hiring fee.” For example, if a man hired another man who owned an ox to plow his field, then the owner bears responsibility if the animal is injured or died. The loss of the animal was provided for in the hiring fee.

Exodus 22:1-15 deals with property laws. Christians care about property, first, because God establishes the private ownership of property, and, secondly, because one of the ways God cares for our bodies is by giving us property – property that provides shelter, produces a living wage, and affords a degree of comfort. Our catechism wisely notes that the same commandment that forbids stealing, also “requires the lawful procuring and furthering the wealth and outward estate of ourselves and others.”[7] Taking care of our own property and the property of others demonstrates that we value God’s good gifts that provide, sustain, and nourish us.

Material things, like personal property, matter; Christians are not indifferent to them. We confess, “I believe in the resurrection of the body, and the life everlasting.”[8] In the new heaven and new earth, we will not float about as disembodied spirits. Rather, in resurrection bodies we will experience a physical world, free from every taint of sin, perfectly suited for eternity. At hand will be everything we need to glorify God and to enjoy him forever. Peter calls it “an inheritance that is imperishable, undefiled, and unfading, kept in heaven for you” (1 Peter 1:4). Gratefully receive, prize, and care for the property God gives you now, and guard your neighbors. Everything you possess is his gift, given to you as a foretaste of heaven.

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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] John Currid, Exodus, vol. 2 (Evangelical Press: 2001), 97.

[3] Philip Graham Ryken Exodus: Saved for God’s Glory (Crossway: 2005), 722.

[4] Nehama Leibowitz in Ryken, 727.

[5] Ryken, 727.

[6] Currid, 91.

[7] Westminster Shorter Catechism, answer 74.

[8] The Apostles’ Creed.

2012 Missions Conference (March 2-4)

Westminster Presbyterian Church's 2012 Missions Conference begins Friday, March 2.

Our conference speaker is the Rev. Elbert McGowan, Reformed University Fellowship campus minister at Jackson State University in
Jackson, Mississippi, the first RUF started on a historically black college or university.

Originally from Jackson, Mississippi, Elbert studied mechanical engineering at Alabama A&M University. He worked for GE Aircraft Engines in Cincinnati.  He felt the call to share Christ with friends, family, inmates at a local prison, co-workers, and employees.  In 2004, Elbert and his wife, Karen, resigned from work at GE to enroll at Reformed Theological Seminary Jackson while interning with Redeemer Church, a newly formed multi-ethnic church plant. 

Early in 2007, Elbert sensed God’s call to start a Reformed University Fellowship (RUF) at Jackson State University (JSU). The Lord’s favor remains upon the work  at JSU. Elbert and Karen have two children, Karie Elise and Elbert McGowan III.

Conference Schedule

Friday, March 2

5:30 p.m. Barbecue Dinner & Missionary Reports
7:00 p.m. Session 1
     - Missionary Reports
     - “Your Own Soul” (Matthew 7:21-23, Luke 13:22-29),  the Rev. Elbert McGowan preaching

Saturday, March 3
9:30 a.m. Brunch and Coffee
10:00 a.m. Session II – Missionary Reports

Sunday, March 4
9:30 a.m. Session III - Morning Worship
     - “Your Own Home” (Deuteronomy 6), the Rev. Elbert McGowan preaching 

11:00 a.m. Session IV – Missionary Reports

12:00 noon Lunch - All Church Pot Luck (Please bring one or two substantial dishes to share)

6:00 p.m. Session V - Evening Worship
     - Missionary Reports
     - “Your OTHER Neighbor” (John 4:1-41), the Rev. Elbert McGowan preaching

There is no charge for the conference. To register for meals or the nursery, please call the church office (256.830.5754) or e-mail Mary Spybey at mary.spybey@westminster-pc.org.

Missionaries visiting this year's conference include:

Paul & Lorraine Alexander
Christian education & pastor training, Odessa, Ukraine

Bill & Martha Acker
Church planting, Wisconsin

Jamie & Jackie Gildard
Church planting, Marseille, France

Roy & Emily Hubbard
RUF, Alabama A&M University

Tammy Jackson
Cherokee Ministry Association, Cherokee, NC

Calvin & Susan Jett
Pastor training, West Africa

John & Becky Long
Grace4Life Teaching, Henderson, NC

James & Debbie M.
Serving MTW, South Asia

Mike & Robin McMahan
Economic Development, Central America

Shane & Charity O'Neil
Short term medical missions, Belize

Jim & Marianna Peipon
Medical missions, Kiev, Ukraine

Larry & Sandy Rockwell
Church planting, Huaraz, Peru

Max N. Tikhonoff
Pastor, Solmensky Church PRC, Kiev, Ukraine

Brad & Caroline Tubbesing
RUF, UAHuntsville

Tom & Teresa Wilson
Music ministry, Nagoya, Japan

 

52 - Sermons on Exodus (21:12-36)

(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.

____________

[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.

Tibor Rubin: Portrait of Valor

The story of of Tibor Rubin, a compelling "Portrait of Valor."

How God Works

“This Word of God is the means by which God accomplishes his saving work in his people, and this is a work that no evangelist and no preacher can do. This is why the dearth of serious, sustained biblical preaching in the Church today is a serious matter. When the Church loses the Word of God it loses the very means by which God does his work. In its absence, therefore, a script is being written, however unwittingly, for the Church’s undoing, not in one cataclysmic moment, but in a slow, inexorable slide made up of piece by tiny piece of daily dereliction.” 

- David Wells, Above All Earthly Pow’rs (2005), p. 9.

George Washington on Fashion (repost)

George Washington dressed well. He thought his clothing should reflect the dignity of a military and political leader. Sloven dress demeans the man and the nation he represents. At the same time, he was neither a fashion trendsetter or follower. 

I enjoyed reading these words of Washington during my visit to Mt. Vernon: "A person who is anxious to be a leader of the fashion, or one of the first to follow it, will certainly appear in the eyes of judicious men to have nothing better than a frequent change of dress to recommend him to notice."

George Washington's Rules of Civility (repost)

Part of young George Washington's education was copying by hand "Rules of Civility & Decent Behavior in Company and Conversation." In the process he learned not only penmanship, but a code of manners and character shaping truths.

Some of the 110 rules pertain to etiquette: "In the Presence of Others Sing not to yourself with a humming Noise, nor Drum with your Fingers or Feet." And, "Shake not the head, Feet, or Legs roll not the Eyes lift not one eyebrow higher than the other wry not the mouth, and bedew no mans face with your Spittle, by approaching too near him when you Speak."

Fortunately, I've never been in situation that required me to heed this quaint admonition: "Kill no Vermin as Fleas, lice ticks & in the Sight of Others, if you See any filth or thick Spittle put your foot Dexterously upon it if it be upon the Cloths of your Companions, Put it off privately, and if it be upon your own Cloths return Thanks to him who puts it off."

Manners are important because they are the lubricant that reduces friction between people, especially among those who hold conflicting political and religious views. By reducing needless offenses, manners enable us to live together peacefully, and even enjoy each other's conversation. Therefore, we are enjoined: "Be not angry at the table whatever happens & if you have reason to be so, show it not; put on a cheerful countenance especially if there be strangers, for good humor makes one dish of meat a feast." For the good of our company and the tranquility of our table, we can choose to act in a way contrary to our feelings. Restraint must mark both our speech and countenance.

Generosity of spirit is commended: "Show not yourself glad at the Misfortune of another though he were your enemy." And, "Speak not Evil of the absent for it is unjust."

When we are tempted to pontificate on subjects about which we know little, we will find this advice salutary: "In visiting the Sick, do not Presently play the Physician if you be not Knowing therein." And, "Undertake not to Teach your equal in the art himself Professes; it Savours of arrogance." 

Busybodies are disliked, both in our and Washington's day: "Be not Curious to Know the Affairs of Others neither approach those that Speak in Private."

Maturity would come more quickly if we heeded this nugget of wisdom: "Take all Admonitions thankfully in what Time or Place Soever given but afterwards not being culpable take a Time & Place convenient to let him him know it that gave them."

A good reputation is hard to earn and easily forfeited, as this rule reminds: "Associate yourself with Men of good Quality if you Esteem your own Reputation; for 'is better to be alone than in bad Company."

To those of us who speak spontaneously and quickly: "Think before you Speak pronounce not imperfectly nor bring out your Words too hastily but orderly & distinctly."

Careful thought should precede all commitments: "Undertake not what you cannot Perform but be Careful to keep your Promise."

Although some of the 110 "Rules of Civility & Decent Behavior in Company and Conversation" are dated and belong to an era that far removed from our own, many of them are as relevant today as when the young George Washington copied them. Because they promote civility, good manners, and self-restraint, they have abiding value.

Washington the Leader (repost)

Today is the anniversary of George Washington's birth. Here are some of my favorite book about Washington. Washington’s Crossing by David Hackett Fischer (Oxford University Press, 2004) is a splendid account of the Revolutionary Army’s crossing of the Delaware River on Christmas night 1776 and its subsequent victories at Trenton and Princeton. Dr. Fischer focuses on the character of the leaders of the three major armies – American, British, and Hessian. 

Although my comments are primarily about Washington, I was impressed by the author’s appreciation for the organizational skills of the latter two armies. The ability of the British army to maintain high morale and, for the times, advanced sanitation standards reveals a commendable concern for the common solider. Its ability to integrate into its own military structure units from recent enemies (like the Scottish Highland Regiments) was an impressive achievement.

Still, no one emerges in this study more impressive than George Washington, who managed not only to keep his army intact after a series of defeats and the loss of 90% of its strength, but to put his diminished fighting force on the offensive. How Washington held together a diverse army, comprised of New Englanders and Southerners and those in between, is a remarkable story of leadership, perhaps unsurpassed in American history.

As well organized and disciplined as the British and Hessians were, none of their leaders were able to adapt as Washington did to the changing demands of warfare across the vast geographical and political landscape of the American colonies. In a new nation where men prized their freedom, Washington understood, “A people unused to restraint must be led; they will not be drove” (6).

Very early in life Washington learned the value of physical and moral courage, acquiring them both, and coming to an acute awareness of the physical demands of leadership. Dr. Fischer writes: “The only fear that George Washington ever acknowledged in his life was a fear that his actions would ‘reflect eternal dishonour upon me.’

“A major part of this code was an ideal of courage. The men around young George Washington assumed that a gentleman would act with physical courage in the face of danger, pain, suffering, and death. They gave equal weight to moral courage in adversity, prosperity, trial, and temptation. For them, a vital part of leadership was the ability to persist in what one believed to be the right way. This form of courage was an idea of moral stamina, which Washington held all his life. Stamina in turn was about strength and endurance as both a moral and a physical idea. “. . . In times of great stress [Washington] could keep going when others failed.” (13-14)

Washington sought to instill the iron discipline he possessed into his men. He wrote: “Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all” (p. 15).

In Washington’s day as in our own, concern for the ethics of war was a formidable issue. Washington came down solidly on the side of humane treatment for noncombatants and defeated enemies. “He often reminded his men that they were an army of liberty and freedom, and that the rights of humanity for which they were fighting should extend even to their enemies. Washington and his officers were keenly aware that the war was a contest for popular opinion, but they did not think in terms of ‘images’ or ‘messages’ in the manner of a modern journalist or politician. Their thinking was more substantive. The esteem of others was important to them mainly because they believed that victory would come only if they deserved to win." (276) Vanquished Hessians, for example, were well treated, and 23% of them chose to remain in America after the war. Still others would return home, only to emigrate later, bringing with them their families. (378-379) Dr. Fischer concludes: “In the late twentieth century, too many scholars tried to make the American past into a record of crime and folly. Too many writers have told us that we are captives of our darker selves and helpless victims of our history. It isn’t so, and never was. The story of Washington’s Crossing tells us that Americans in an earlier generation were capable of acting in a higher spirit – and so are we.” (379)

I appreciate Dr. Fischer’s character studies of British officers – including the probity of Admiral Richard Howe and the licentious behavior of his brother, General William Howe. I was particularly interested in his study of Charles Cornwallis. Previously, I knew him only as the general who surrendered his army at Yorktown. I learned he was a man of high principle and common sense, “one of the most appealing figures of his generation” (118). Later in his career, he received 42,000 pounds sterling after victory in India; he distributed it all to his men. His biographer wrote: “As a man he displayed, far more than [British General Henry] Clinton and others, qualities of honesty, justice, endurance, tolerance, humanity, and eagerness to better the life of those under him.” (120).

A leader has to learn to listen, a skill that evidently eluded British Major General James Grant, who was “a highly intelligent man, but he suffered from a selective form of social deafness: He could not hear what was said to him by people he despised as his inferiors” (183). Prejudice of this kind and productive leadership are incompatible. Only a leader of Washington’s rare ability could unite proud and independent thinking military commanders, each with fierce regional loyalties, into a fighting force that could persevere to victory through severe setbacks and deprivations. 

Others will have to evaluate Washington as military tactician and strategist. I admire him as an indefatigable leader whose resolve could not be broken. It is hard for me to imagine a successful Revolutionary war and American Independence without the leadership of George Washington. ----- Here are other books about Washington that I have enjoyed reading:

Founding Father: Rediscovering George Washinton by Richard Brookhiser

George Washington on Leadership by Richard Brookhiser

His Excellency: George Washington by Joseph J. Ellis

Victory at Yorktown: The Campaign that Won the Revolution by Richard M. Ketchum