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HarryStotle
Guest
Clearly the law of lex talionis applies even in the case of slaves, such that if a slaveowner damages an eye or tooth of a slave, indicating harsh treatment, the slave was to be set free.20 When a slaveowner strikes a male or female slave with a rod and the slave dies immediately, the owner shall be punished. 21 But 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. 23 If any harm follows, then you shall give 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.
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. 27 If 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.
That implies an overarching rule of humane treatment. With that in mind, your issue seems to be with Ex 21:20-21 where if a slave dies immediately the owner is to be punished, whereas if a slave dies after a day or two, there is no punishment.
The implication would be that if the owner beats the slave to the point of death there is no punishment, but would be punished if the slave dies. That, however, doesn’t fit well with vss. 23-24 where “If any harm follows, then you shall give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe…” and clearly includes slaves to be accorded the same just treatment (Cf vss. 26-7)
I suggest that what is going on here is that “When a slaveowner strikes a male or female slave with a rod and the slave dies immediately, the owner shall be punished…” implies capital punishment of the owner, but if the slave does not die immediately there is no capital punishment. That does not mean the slaveowner would be absolved from any punishment, since vss 23-4 clearly stipulate “If ANY HARM follows, then you shall give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe…”
The reasoning here, given the state of medical knowledge at the time was that after 2-3 days there would be no sure way of knowing if the slave had died from injuries inflicted or some other cause. That is, if the harm was severe enough to cause immediate death it would warrant capital punishment, but if not the punishment would be “… eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe…”
So far from permitting harsh treatment of slaves, the law here is rigorous that Hebrew slaves should not be “ruled over with harshness,” but regulated by lex talionis.
This chapter is, after all, speaking of Hebrew slaves specifically, so it can’t be permitting harsh treatment to the point of death, but not past it. That is a misreading.
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