What an excellent explanation, thank you for this.
I’m still confused over exodus 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.
Is this saying that one can strike a slave with a rod and get away with it if the slave recovers? How does one justify this?
You’re very welcome.
The word used for “avenged” (other translations used “punished”) in the original is “naqam,” which always connotes capital punishment when used in the OT. So the injunction is again that if you beat a servant with a rod (variant translation: staff) and he dies, you will be put to death. In context, the next lines refer to “a life for a life,” denoting that the servant is to be regarded as another human being whose life has value, and that he is not a simple piece of property.
Then (as in many cultures today), a servant could be struck with a rod for disobeying an order or theft, etc. The man who held the servant under debt bondage would probably argue that he couldn’t fire the bonded servant for misbehavior, and he was not allowed to starve him or her by depriving the servant of food, so how else would he discipline him or her? This is not just in our eyes and from our modern perspective, although many people nowadays, including many Christians, argue for corporal punishment as an option for disciplining their own children, or for children in school. I don’t agree with such policies, but the point is that many modern people do argue for the use of physical force as reprimand, so it is not an unusual viewpoint even now, and it was common in schools (both public and parochial) within recent memory. I was struck in grade school, and it was not uncommon for a private to get struck by an NCO as discipline in the military (although officially against regs) until recently. As a trainee in the Army in the early 1980s, I once got whipped repeatedly with a static line (a nylon cord) by an NCO in jump school until I could perform a landing fall to his standards. Older veterans could probably tell you similar stories of times when a punch in the stomach or eye was the lesser, non-judicial alternative to an Article 15. Not a pleasant experience for me, but again, such corporal punishment is not something totally outside our ken today.
If the man struck the servant badly enough to maim him or her, such as by knocking out a tooth or damaging an eye, his or her remaining debt was discharged and he or she was to be set free immediately. This would seem to serve as a powerful incentive NOT to abuse your servants, as you would forfeit any financial right to their services.
Compare this Jewish law to the Code of Hammurabi, which allowed masters to cut off a slave’s ear for punishment, and which required only that a man who harmed another man’s slave must pay the master for the injury:
From the Code of Hammurabi:
- If he put out the eye of a freed man, or break the bone of a freed man, he shall pay one gold mina.
- If he put out the eye of a man’s slave, or break the bone of a man’s slave, he shall pay one-half of its value.
- If a man knock out the teeth of his equal, his teeth shall be knocked out.
- If he knock out the teeth of a freed man, he shall pay one-third of a gold mina.
- If any one strike the body of a man higher in rank than he, he shall receive sixty blows with an ox-whip in public.
- If a slave say to his master: “You are not my master,” if they convict him his master shall cut off his ear.
Unlike the Jews, Hammurabi didn’t like people helping slaves, BTW:
- If any one take a male or female slave of the court, or a male or female slave of a freed man, outside the city gates, he shall be put to death.
- If any one receive into his house a runaway male or female slave of the court, or of a freedman, and does not bring it out at the public proclamation of the major domus, the master of the house shall be put to death.
Regarding the rather troubling passage, “for the slave is his money,” does this mean the indentured servant was considered his property? Ancient Near Eastern scholar Harry Hoffner of the University of Chicago argues that a superior translation of that passage is “that [fee] is his money/ silver.” Hoffner offers that the “fee” reading is based on the context of the previous passage, Exodus 21:18–19 (which is part of a section on punishments dealing with quarrels and accidental killing): “If men have a quarrel and one strikes the other with a stone or with his fist, and he does not die but remains in bed, if he gets up and walks around outside on his staff, then he who struck him shall go unpunished; he shall only pay for his loss of time, and shall take care of him until he is completely healed.”
Like the modified Hittite law that required masters who had harmed their slaves to pay a physician to provide medical treatment, so here the employer had to pay the medical bills for the servant he had wounded. As evidence, in verse 21, the Hebrew pronoun “hu” refers not to the servant (“he”) but to the fee (“that”) paid to the doctor tending to the wounded servant. Hoffner wrote in his 2008 article
Slavery and Slave Laws in Ancient Hatti and Israel, “The fact that the master provided care at his own expense would be a significant factor when the judges respond to a charge of intentional homicide.” So, if you abuse someone but not kill them (debt servant or free man), you were not to be put to the death or to be beaten up as you did them, but would instead be required to pay them a fine, and provide or pay for their medical care. That sounds more than a little like…our current system.
Hope this is somewhat helpful to you.