Old Testament Commentary - Exodus 21

by Don R. Hender


Scriptural Text [& Editorial]
Commentary & Explanation
Footnotes ~ References ~ JST
          CHAPTER 21            

The Lord reveals his laws pertaining to servants; plural marriage; the death penalty for divers offenses; the giving of an eye for an eye, and a tooth for a tooth; the regulations governing damage done by oxen.

The Penal Code of Israel

While the nature and make of times and civilizations within those times may differ somewhat as to the customs and the norms of the peoples and the surrounding peoples within which they live, the concept of 'justice' and making a decission based upon the principle of justice, is universal to all civilizations. If there is not 'Penal Code' of 'justice', then there is no civilization and chaos does but reign and rule. Some of the times and customs of the people of a differeing time, a more ancient time, may seem strange to today's civilized environment with its unique situations and customs. But in either case there must be an appreciation for and an applied system of justice and equity established for the rule and governing of the people that the people may walk and act according to such applied rules of judgement and know how to act in compliance with the nature and circumstance of that civilization within which they exist.

  1 NOW these are the ajudgments which thou shalt set before them.

 3a Lev. 1:1; Moses 1:17
   b Ex. 3:12; Moses 1:1-3
 4a Deut. 327:11;
     D&C 124:18 (18,99)
 5a TG Obedience
   b TG Abrahamic Covenant
     TG Covenants
   c TG Israel, Twelve Tribes
     TG Peculiar People
   d TG Israel, Blessing of
     TG Treasure
 6a TG Election
   b TG Israel, Mission of;
     TG; Priesthood;
     TG Priesthood, History of
   c Ex. 22:31; 1 Pet. 2:9 (5-9);
     TG Holiness
   d TG Separation

The Law Concerning Servants

Making no moral judgement concerning the keeping of servants and the nature of servant processes, in a world which keeps 'servants' there must be a code of rule and government concerning them.

Concerning Man Servants

  2 If thou buy an Hebrew aservant, six years he shall serve: and in the bseventh he shall go out cfreea for nothing.
  3 If he came in aby himself, he shall go out by himself: if he were married, then his wife shall go out with him.
  4 If his master have given him a wife, and she have born him sons or daughters; the wife and her children shall be her master's, and he shall go out by himself.

 2a an Hebrew servant, six years he shall serve: and in the seventh he shall go out free This particular Law of the Law of Moses has a particular significance. Whether all parts of the Law of Moses was a part of the Temple Covenant, in covenanting to keep the Law of God or not is perhaps a debatable point. But in particular, it is known that this Law, the Law of Hebrew servants, was a part of the Temple Covenant, the covenant to keep the Law of God, the Law of Moses. It is upon this law that the prophet of God, Jeremiah, condems Jerusalem to destruction and enslavement unto Babylon. It that particular case the Jews were wicked in many other matters as well, but it was this particular Law which they could not hypocritically deny as all knew themselves and publically so to be guilty of (See Commentary Jeremiah 34).  3a Lev. 1:1; Moses 1:17
   b Ex. 3:12; Moses 1:1-3
 4a Deut. 327:11;
     D&C 124:18 (18,99)
 5a TG Obedience
   b TG Abrahamic Covenant
     TG Covenants
   c TG Israel, Twelve Tribes
     TG Peculiar People
   d TG Israel, Blessing of
     TG Treasure
 6a TG Election
   b TG Israel, Mission of;
     TG; Priesthood;
     TG Priesthood, History of
   c Ex. 22:31; 1 Pet. 2:9 (5-9);
     TG Holiness
   d TG Separation

  5 And if the servant shall plainly say, I love my master, my wife, and my children; I will not go out free:
  6 Then his master shall bring him aunto the bjudges; he shall also bring him to the door, or unto the door post; and his master shall bore his cear through with an aul; and he shall serve him for ever.

 3a Lev. 1:1; Moses 1:17
   b Ex. 3:12; Moses 1:1-3
 4a Deut. 327:11;
     D&C 124:18 (18,99)
 5a TG Obedience
   b TG Abrahamic Covenant
     TG Covenants
   c TG Israel, Twelve Tribes
     TG Peculiar People
   d TG Israel, Blessing of
     TG Treasure
 6a TG Election
   b TG Israel, Mission of;
     TG; Priesthood;
     TG Priesthood, History of
   c Ex. 22:31; 1 Pet. 2:9 (5-9);
     TG Holiness
   d TG Separation

Concerning a Maidservant

  7 ¶ And if a man sell his daughter to be a maidservant, she shall not go out as the menservants do.
  8 If she please not her master, who hath betrothed her to himself, then shall he let her be redeemed: to sell her unto a strange nation he shall have no power, seeing he hath dealt deceitfully with her.
  9 And if he have betrothed her unto his son, he shall deal with her after the manner of daughters.

  10 If he take him another wife; her food, her raiment, and her aduty of marriage, shall he not diminish.
  11 And if he do not these three unto her, then shall she go out free without money.

Murder and Manslaughter

  12 ¶ He that asmiteth a man, so that he die, shall be surely put to bdeath.
  13 And if a man lie not in wait, but God deliver him into his hand; then I will appoint thee a aplace whither he shall bflee.
  14 But if a man come presumptuously upon his neighbour, to aslay him with bguile; thou shalt take him from mine altar, that he may die.

  15 ¶ And he that smiteth his father, or his mother, shall be surely put to adeath.

Illegal Slave Trading

  16 ¶ And he that astealeth a man, and selleth him, or if he be found in his hand, he shall surely be put to death.

Cursings

  17 ¶ And he that acurseth his father, or his mother, shall surely be put to death.

Injury from Violence

  18 ¶ And if men strive together, and one smite another with a stone, or with his fist, and he die not, but akeepeth his bed:
  19 If he rise again, and walk abroad upon his staff, then shall he that smote him be quit: only he shall pay for the loss of his atime, and shall cause him to be thoroughly healed.

  20 ¶ And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished.
  21 Notwithstanding, if he acontinue a day or two, he shall not be punished: for he is his money.

  22 ¶ If men strive, and hurt a woman with achild, so that bher fruit depart from her, and yet no cmischief follow: he shall be surely punished, according as the woman's husband will lay upon him; and he shall pay as the judges determine.
  23 And if any mischief follow, then thou shalt give life for life,
  24 Eye for eye, tooth for tooth, hand for hand, foot for foot,
  25 Burning for burning, wound for wound, stripe for stripe.

  26 ¶ And if a man smite the eye of his servant, or the eye of his maid, that it perish; he shall let him go free for his eye's sake.
  27 And if he smite out his manservant's tooth, or his maidservant's tooth; he shall let him go free for his tooth's sake.

Ox Goring and Pitting

  28 ¶ If an ox gore a man or a woman, that they adie: then the ox shall be surely stoned, and his flesh shall not be eaten; but the owner of the ox shall be bquit.
  29 But if the ox were awont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman; the ox shall be stoned, and his owner also shall be put to bdeath.
  30 If there be laid on him a sum of money, then he shall give for the ransom of his life whatsoever is laid upon him.

  31 Whether he have gored a son, or have gored a daughter, according to this judgment shall it be done unto him.
  32 If the ox shall push a manservant or a maidservant; he shall give unto their master athirty shekels of silver, and the ox shall be stoned.

  33 ¶ And if a man shall open a pit, or if a man shall dig a pit, and not cover it, and an ox or an ass fall therein;
  34 The owner of the pit shall make it good, and give money unto the owner of them; and the dead beast shall be his.

  35 ¶ And if one man's ox hurt another's, that he die; then they shall sell the live ox, and divide the money of it; and the dead ox also they shall divide.
  36 Or if it be known that the ox hath used to push in time past, and his owner hath not kept him in; he shall surely pay ox for ox; and the dead shall be his own.