Exegetical and Hermeneutical Commentary of Exodus 21:20
And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished.
20. his servant, or his maid ] i.e. (cf. marg.) his male or female slave.
a rod ] The usual implement of punishment (Pro 10:13; Pro 13:24).
punished ] lit. avenged; so v. 21. In what the punishment consisted, is not stated. The Jews (Mechilta, Ps.-Jon., &c.) understood death (viz. by the sword) to be intended: but in that case ‘he shall surely be put to death’ would certainly have been said, as in other cases ( vv. 12, 15, 16, & c.); besides, vv. 21 (cf. 19 f.), 26 f. (cf. 23 ff.), 32 (cf. 28 ff.) shew that a marked difference was made between a slave and a free man. No doubt the determination of the penalty was left to the discretion of the judge (Di.), or it was a fine payable to the sanctuary (B.), the amount of which varied with the means of the slave’s master.
Fuente: The Cambridge Bible for Schools and Colleges
20, 21. Beating a slave so that he dies. Vv. 26 f., 32, also deal with injuries to slaves. The penalties prescribed shew that less was thought of the life of a slave than of that of a free man, in v. 21 he is called simply his master’s ‘money’; at the same time he has rights, and cannot be treated with entire impunity. The position of slaves in Israel must thus have been considerably better than that of slaves in Rome, at least in the time of the Republic, when their masters could kill them with impunity (Dion. Halic. vii. 68, Plutarch, Cato 21, cited by Kn.).
Fuente: The Cambridge Bible for Schools and Colleges
The Jewish authorities appear to be right in referring this law, like those in Exo 21:26-27, Exo 21:32, to foreign slaves (see Lev 25:44-46). The protection here afforded to the life of a slave may seem to us but a slight one; but it is the very earliest trace of such protection in legislation, and it stands in strong and favorable contrast with the old laws of Greece, Rome, and other nations. If the slave survived the castigation a day or two, the master did not become amenable to the law, because the loss of the slave was accounted, under the circumstances, as a punishment.
Fuente: Albert Barnes’ Notes on the Bible
Exo 21:20-21
If a man smite his servant.
Masters and servants
1. It is supposed that masters in the Church of God may be cruel in correcting servants, but it is sin.
2. It is possible that death may follow upon such cruel smiting.
3. In such case the life of the vilest slaves is precious with God, and He requireth it with death (Exo 21:20).
4. Correction due unto servants which endangers not life, is supposed lawful.
5. No governor is guilty by Gods law upon such due chastening.
6. Servants are the due purchase of their lords for their labours not for their lives.
7. The lives and comforts of poorest slaves are dear to God and secured by Him (Exo 21:21). (G. Hughes, B. D.)
Fuente: Biblical Illustrator Edited by Joseph S. Exell
His servant, namely, a stranger; for an Israelite was to be better used. See Lev 25:39,40, &c.
With a rod; a fit and usual instrument for correction, whereby it is implied, that if he killed him with a sword, or any such weapon, he was to die for it.
Under his hand, i.e. whilst the master is correcting him.
He shall be surely punished; not with death, for then it would have been said so, as it is before and after; but as the magistrate or judge shall think fit, according to the diversity of circumstances; and therefore no particular punishment is set down.
Fuente: English Annotations on the Holy Bible by Matthew Poole
And if a man smite his servant or his maid with a rod,…. A Canaanitish servant or maid, as the Targum of Jonathan, and so Jarchi; and that only with a rod for the correction of them, and not with a sword or any such destroying weapon, which would seem as though he intended to kill, yet nevertheless:
and he die under his hand; immediately, while he is smiting or beating him or her, on the same day, as the above Targum interprets it:
he shall be surely punished; or condemned to the punishment of being slain with the sword, as the said Targum and Jarchi explain it: this law was made to deter masters from using severity and cruelty towards their servants.
Fuente: John Gill’s Exposition of the Entire Bible
Verses 20, 21:
Slaves were considered as chattel. In some ancient societies, the master had absolute authority over the slave. He could punish as he chose, even to death. The Hebrew law provided that a master could discipline a slave by beating. However, if this resulted in death, it was in general treated like any other homicide. The exception: if death did not occur for some days. In that case, it was presumed the master did not intend the death, and it was regarded as involuntary manslaughter, and the death with the resulting loss of revenue was considered punishment enough.
Fuente: Garner-Howes Baptist Commentary
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 (37) 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,” (38) 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.
(37) “Les gens prudens;” their wise men. — Fr.
(38) A. V. , “continue for a day or two.” Ainsworth, in loco: “Heb., stand, which the Greek translateth live. ”
Fuente: Calvin’s Complete Commentary
(20) And if a man smite his servant.The homicide hitherto considered has been that of freemen; but the Mosaic Law was not content to stop at this point. Unlike most other codes, it proceeded to forbid the homicide of slaves. Hitherto, throughout the East, and also in many parts of the West, slaves had been regarded as so absolutely their masters property that he was entitled to do as he pleased with them. Now, for the first timeso far as we knowwas the life of the slave protected. The exact extent of the protection is uncertain. According to the Talmud, the master who killed his slave was put to death; according to some modern Jews, as Kalisch, he had merely to pay a fine. In any case, the killing was an offence of which the law took cognisance. Later on it appears that even assaults on slaves, if they reached a certain intensity, were unlawful, and involved the slaves compulsory emancipation (Exo. 21:26-27).
With a rod.The usual instrument of punishment. It would follow, as a matter of course, that if a more dangerous implement was used the master was punished with equal, or greater, severity.
Fuente: Ellicott’s Commentary for English Readers (Old and New Testaments)
20. Smite his servant Many writers assume that foreign bondservants, not Hebrew servants, are intended here; but the law itself does not so discriminate . The reason given in the next verse, namely, that the servant is his property, evidently led to a distinction in the punishment of this kind of manslaughter . It was assumed that no man would wilfully destroy his own property by killing his slave . It was considered a master’s right to chastise his servant, or his maid, with a rod, and if death resulted from the excessive severity of the punishment it would be accidental rather than intentional . In case death resulted the man was to be surely punished, but the measure of the penalty is not prescribed; that was doubtless to be left to the magistrates to determine.
Fuente: Whedon’s Commentary on the Old and New Testaments
Exo 21:20. If a man smite his servant, &c. The equity of these laws is apparent to every reader, though the Jewish Rabbis have done all they could to restrict and render them unworthy the Divine Lawgiver. The law here refers undoubtedly to servants in general, not to Hebrew ones only; cruelty to whom is forbidden, by appointing to that master, who should so beat his servant as to slay him upon the spot, the punishment due to a murderer. Calmet has well observed of how much higher and better a spirit this lenity to slaves is demonstrative, than the absolute and unlimited power over them which was allowed among the wisest heathens, the Athenians, Lacedemonians, Romans, &c. Even Plato, in his republic, the laws of which he wanted to form on the justest model, gives his sanction to the same practice: “He who kills his own slave,” says he, “shall be acquitted; whoso, in anger, kills another’s, shall pay double the price of him.” The Emperor Adrian was the first who softened the rigour of the laws respecting slaves; and afterwards Antoninus Pius expressly appointed death for the master who slew his slave without any just cause. It is unpleasing to reflect, that, in the times of Christianity, there are many who profess that faith, and yet do not act with such equity towards their slaves, as even the Mosaic law itself enjoins! See Exo 21:26-27.
Fuente: Commentary on the Holy Bible by Thomas Coke
Exo 21:20 And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished.
Ver. 20. He shall be surely punished. ] At the discretion of the magistrate, who is the “revenger to execute wrath upon him that doeth evil.” Rom 13:4
Fuente: John Trapp’s Complete Commentary (Old and New Testaments)
punished = avenged.
Fuente: Companion Bible Notes, Appendices and Graphics
smite: Exo 21:26, Exo 21:27, Deu 19:21, Pro 29:19, Isa 58:3, Isa 58:4
he shall: Gen 9:6, Num 35:30-33
punished: Heb. avenged, Gen 4:15, Gen 4:24, Num 35:19, Rom 13:4
Reciprocal: Exo 20:13 – General Exo 21:18 – a stone Lev 19:20 – she shall be scourged Deu 17:8 – between blood Job 31:13 – the cause
Fuente: The Treasury of Scripture Knowledge
Exo 21:20. With a rod The usual instrument of correction, whereby is implied, that if he killed the person with a sword or any such weapon he was to be put to death; and he die under his hand While the master is correcting him; he shall be punished As the magistrate or judge shall think fit, according to the circumstances.
Fuente: Joseph Bensons Commentary on the Old and New Testaments
As other people, slaves also enjoyed protection from murderers (Exo 21:20; cf. Exo 21:12). However the slave owner likewise experienced protection from execution if his punishment of a slave was not the direct cause of the slave’s death. In this case the law regarded the loss of the slave as sufficient punishment of the master (Exo 21:21).