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The Law concerning Slaves

21

These are the ordinances that you shall set before them:

2 When you buy a male Hebrew slave, he shall serve six years, but in the seventh he shall go out a free person, without debt. 3If he comes in single, he shall go out single; if he comes in married, then his wife shall go out with him. 4If his master gives him a wife and she bears him sons or daughters, the wife and her children shall be her master’s and he shall go out alone. 5But if the slave declares, “I love my master, my wife, and my children; I will not go out a free person,” 6then his master shall bring him before God. He shall be brought to the door or the doorpost; and his master shall pierce his ear with an awl; and he shall serve him for life.

7 When a man sells his daughter as a slave, she shall not go out as the male slaves do. 8If she does not please her master, who designated her for himself, then he shall let her be redeemed; he shall have no right to sell her to a foreign people, since he has dealt unfairly with her. 9If he designates her for his son, he shall deal with her as with a daughter. 10If he takes another wife to himself, he shall not diminish the food, clothing, or marital rights of the first wife. 11And if he does not do these three things for her, she shall go out without debt, without payment of money.

The Law concerning Violence

12 Whoever strikes a person mortally shall be put to death. 13If it was not premeditated, but came about by an act of God, then I will appoint for you a place to which the killer may flee. 14But if someone willfully attacks and kills another by treachery, you shall take the killer from my altar for execution.

15 Whoever strikes father or mother shall be put to death.

16 Whoever kidnaps a person, whether that person has been sold or is still held in possession, shall be put to death.

17 Whoever curses father or mother shall be put to death.

18 When individuals quarrel and one strikes the other with a stone or fist so that the injured party, though not dead, is confined to bed, 19but recovers and walks around outside with the help of a staff, then the assailant shall be free of liability, except to pay for the loss of time, and to arrange for full recovery.

20 When a slaveowner strikes a male or female slave with a rod and the slave dies immediately, the owner shall be punished. 21But if the slave survives a day or two, there is no punishment; for the slave is the owner’s property.

22 When people who are fighting injure a pregnant woman so that there is a miscarriage, and yet no further harm follows, the one responsible shall be fined what the woman’s husband demands, paying as much as the judges determine. 23If any harm follows, then you shall give life for life, 24eye for eye, tooth for tooth, hand for hand, foot for foot, 25burn for burn, wound for wound, stripe for stripe.

26 When a slaveowner strikes the eye of a male or female slave, destroying it, the owner shall let the slave go, a free person, to compensate for the eye. 27If the owner knocks out a tooth of a male or female slave, the slave shall be let go, a free person, to compensate for the tooth.

Laws concerning Property

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. 29If the ox has been accustomed to gore in the past, and its owner has been warned but has not restrained it, and it kills a man or a woman, the ox shall be stoned, and its owner also shall be put to death. 30If a ransom is imposed on the owner, then the owner shall pay whatever is imposed for the redemption of the victim’s life. 31If it gores a boy or a girl, the owner shall be dealt with according to this same rule. 32If the ox gores a male or female slave, the owner shall pay to the slaveowner thirty shekels of silver, and the ox shall be stoned.

33 If someone leaves a pit open, or digs a pit and does not cover it, and an ox or a donkey falls into it, 34the owner of the pit shall make restitution, giving money to its owner, but keeping the dead animal.

35 If someone’s ox hurts the ox of another, so that it dies, then they shall sell the live ox and divide the price of it; and the dead animal they shall also divide. 36But if it was known that the ox was accustomed to gore in the past, and its owner has not restrained it, the owner shall restore ox for ox, but keep the dead animal.


20. And if a man smite his servant. Although in civil matters there was a wide distinction between slaves and free-men, still, that God may show how dear and precious men’s lives are to Him, He has no respect to persons with regard to murder; but avenges the death of a slave and a free-man in the same way, if he should die immediately of his wound. Indeed, it was a proof of gross barbarism amongst the Romans and other nations, to give to masters the power of life and death; for men are bound together by a more sacred tie, than that it should be permitted to a master to kill with impunity his wretched slave; nor are some men so set over others, as that they should exercise tyranny, or robbery, neither does reason permit that any private individual should usurp to himself the power of the sword. But, although unjust cruelty was not prohibited, as it should have been, by the laws of Rome, yet they 3737     “Les gens prudens;” their wise men. — Fr. confessed that slaves should be used like hired servants. The exception, which immediately follows, does not seem very consistent, for, if the slave should die after some time, the penalty of murder is remitted; whereas it would often be preferable to die at once of a single wound, than to perish by a lingering illness; and it might happen that the slave should be so bruised and maimed by blows, as to die some time afterwards. In this ease, the cruelty of the master would be surely greater than if he had committed the murder under the impulse of burning anger: wherefore the enactment appears to be a very unjust one. But it must be remarked, that the murder of those slaves, who had been obliged to take to their bed from their wounds, was not unpunished. Whence we gather, that it was not allowable for cruel and truculent masters to wound their slaves severely; and this is what the words expressly imply, for the smiter is only exempted from punishment when he shall have so restrained himself as that the marks of his cruelty should not appear. For that the slaves should “stand for one or two days,” 3838     A. V., “continue for a day or two.” Ainsworth, in loco: “Heb., stand, which the Greek translateth live.” is equivalent to saying, that they were perfect and sound in all their members; but if a wound had been inflicted, or there was any mutilation, the smiter was guilty of murder. None, therefore, is absolved but he who only meant to chastise his slave; and where no injury appears, it is probable that there was no intention to kill him. Whilst, then, this law prohibits bloodthirsty assaults, it by no means gives greater license to murder. The reason, which is added, must be restricted to the private loss; because a murderer would never be absolved on the pretext that he had purchased his slave with money, since the life of a man cannot be so estimated.


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