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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.

12. He that smiteth a man, so that he die. This passage, as I have said, more clearly explains the details, and first makes a distinction between voluntary and accidental homicide; for, if a stone or an axe (Deuteronomy 19:5.) may have slipped from a man unintentionally, and struck anybody, He would not have it accounted a capital crime. And for this purpose the cities of refuge were given, of which brief mention is here made, and whose rights will be presently more fully spoken of, and where also the mode of distinguishing between design and ignorance will be laid down. But it must be remarked, that Moses declares that accidental homicide, as it is commonly called, does not happen by chance or accident, but according to the will of God, as if He himself led out the person, who is killed, to death. By whatever kind of death, therefore, men are taken away, it is certain that we live or die only at His pleasure; and surely, if not even a sparrow can fall to the ground except by His will, (Matthew 10:29,) it would be very absurd that men created in His image should be abandoned to the blind impulses of fortune. Wherefore it must be concluded, as Scripture elsewhere teaches, that the term of each man’s life is appointed, ²⁹²⁹ No reference is here given, but it is probably to Job 14:5, — “Thou hast appointed his bounds that he cannot pass.” with which another passage corresponds,

“Thou turnest man to destruction, and savest,
Return, ye children of men.” (Psalm 90:3.)

It is true, indeed, that whatever has no apparent cause or necessity seems to us to be fortuitous; and thus, whatever, according to nature, might happen otherwise we call accidents, (contingentia;) yet in the meantime it must be remembered, that what might else incline either way is governed by God’s secret counsel, so that nothing is done without His arrangement and decree. In this way we do not suppose a fate ³⁰³⁰ “Une necessite fatale.” — Fr. such as the Stoics invented; for it is a different tiling to say that things which of themselves incline to various and doubtful events, are directed by the hand of God whithersoever He will, and to say that necessity governs them in accordance with the perpetual complication of causes, ³¹³¹ “Une necessite confuse selon des causes entortillees;” a confused necessity according to complicated causes. — Fr. and that this happens with God’s connivance; nay, nothing can be more opposite than that God should be drawn and carried away by a fatal motive power, or that He tempers all things as He sees fit.

There is no reason to follow the Jews here in philosophizing more deeply, that none are delivered to death but those in whom God finds cause for it. It is indeed certain, that with God there always exists the best reason for His acts; but it is wrong to elicit from thence that those who by tits guidance meet with death must be guilty of some offense. Nor even if God should take away an innocent man, would it bc lawful to murmur against Him; as if His justice were naught, because it is concealed from us, and indeed incomprehensible.