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英文原文
The laws recorded in this chapter relate to the fifth and sixth commandments; and though they are not accommodated to our constitution, especially in point of servitude, nor are the penalties annexed binding on us, yet they are of great use for the explanation of the moral law, and the rules of natural justice. Here are several enlargements, I. Upon the fifth commandment, which concerns particular relations. 1. The duty of masters towards their servants, their men-servants (Ex 21:2-6), and the maidservants, Ex 21:7-11. 2. The punishment of disobedient children that strike their parents (Ex 21:15), or curse them, Ex 21:17. II. Upon the sixth commandment, which forbids all violence offered to the person of a man. Here is, 1. Concerning murder, Ex 21:12-14. 2. Man-stealing, Ex 21:16. 3. Assault and battery, Ex 21:18,19. 4. Correcting a servant, Ex 21:20,21. 5. Hurting a woman with child, Ex 21:22,23. 6. The law of retaliation, Ex 21:24,25. 7. Maiming a servant, Ex 21:26. 8. An ox goring, Ex 21:28-32. 9. Damage by opening a pit, Ex 21:33,34. 10. Cattle fighting, Ex 21:35,36.
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Judicial Laws (1491 BC)
司法典章（公元前1491年）
¹ 你要在百姓面前所设立的典章是这样： ² 你若买希伯来人作奴仆，他必服事你六年；第七年他可以自由，白白地出去。 ³ 他若孤身来，就孤身去；他若有妻，他的妻就可以同他出去。 ⁴ 他主人若给他妻子，妻子给他生了儿子或女儿，妻子和儿女要归主人，他要独自出去。 ⁵ 倘或奴仆明说：'我爱我的主人和我的妻子儿女，不愿意自由出去。' ⁶ 他的主人就要带他到审判官那里，又要带他到门前，靠近门框，用锥子穿他的耳朵，他就永远服事主人。 ⁷ 人若卖女儿作婢女，婢女不可像男仆那样出去。 ⁸ 主人选定她归自己，若不喜欢她，就应当许她赎身；主人既然诡诈地待她，就没有权柄把她卖给外邦人。 ⁹ 主人若选定她给自己的儿子，就当待她如同女儿。 ¹⁰ 若另娶了一个，那女人的饮食、衣服，并好合的事，仍不可减少。 ¹¹ 若不向她行这三样，她就可以不用钱赎，白白地出去。
出21:1 是本章与随后两章中所载律法的总题——其中一些关乎对神的宗教敬拜，但大多数关乎人与人之间的事。他们的政体纯粹是神权政体；在别的国家须由人的智慧决定的事，在他们中间则由神的命定所指引，因此他们的政体特别适合使他们得福。这些律法被称为典章，因为它们是在无限智慧与公平中制定的，也因为他们的官长当照此向百姓宣告判断。在至今所发生的疑难案件中，摩西曾特别为他们求问神，如出18:15所显明的；但如今神赐给他普遍性的律例，借此判定具体的案件——他同样也当将这些律例应用于可能发生的其他类似案件，因为既然同属一理，便受同一规则所管。他先从关于仆人的律法开始，命令对他们存怜悯与节制。以色列人近来自己也曾作奴仆；如今他们不但作了自主之人，也作了仆人的主人——恐怕他们苛待仆人，如同他们自己被埃及督工所苛待苛管一样，因此这些律法为仆人的温和宽厚的待遇作了规定。按：若掌权于我们之上的人曾伤害我们，这丝毫不能成为我们同样伤害我们手下之人的借口，反而更加重我们的罪——因为在那种情形之下，我们更能容易地将自己放在他们的地位上。此处可见：
I\. 关于男仆的律法——或因贫穷被自己或父母所卖，或因犯罪被审判官所卖；连后者（若是希伯来人）最多也只作奴仆七年——在此期间，假设他们已充分为自己的愚昧或过犯受了苦。七年期满，仆人当白白地出去（出21:2,3），否则他的奴仆身份此后便当出于自愿（出21:5,6）。他若从主人得了妻子，并生了儿女，他可以撇下他们独自出去；或者，他若对他们有如此的情谊，宁愿与他们一同留在捆绑之中，也不愿无他们而得自由，他当在门框上被穿通耳朵，直到主人死时或禧年为止服事主人。
1. 借这律法神教导：(1.) 希伯来仆人当慷慨，并对自由有高尚的热爱——因为他们是主的自由人；当一个人虽可自由却拒绝自由时，即使他拒绝的动机在其他方面颇为可嘉，也当在他身上加上羞辱的记号。这样，基督徒既用重价买来，且蒙召得以自由，便不可作人的奴仆，也不可作人情欲的奴仆（林前7:23）。有一种自由而君王般的灵，大大有助于扶持基督徒（诗51:12）。祂也教导：(2.) 希伯来主人不可践踏可怜的仆人——当知道他们不但生来与他们同等，而且几年之后又要同等。这样，作主人的基督徒当敬重信主的仆人（门1:16）。
2. 这律法对我们进一步有用：(1.) 借以说明神对信主父母之儿女的权利——他们因是信主者的儿女而在祂的教会有地位；他们借着洗礼被列为祂的仆人，因为他们生在祂家中——所以他们是归祂而生的（结16:20）。大卫自认是神的仆人，因为他是婢女的儿子（诗116:16），因此有权得着保护（诗86:16）。(2.) 借以解释那位伟大救赎主自己所承担、要成全我们救恩之工的本分——因为祂说（诗40:6）：你已经开通我的耳朵——这似乎是暗指这条律法。祂爱祂的父，爱祂被掳的新妇，并爱那赐给祂的儿女，不愿从祂的 undertaking 中自由出去，而是承担要在其中永远服事（赛42:1,4）。我们更有理由如此将自己献给神，永远服事祂；我们有十足的理由爱我们的主和祂的工，让我们的耳朵被穿通在祂的门框上——作为不愿从祂的服事中自由出去、而要在其中越发自由的人（诗84:10）。
至于婢女——是父母因极度贫穷，在她们年幼时所卖给他们盼望长大时可娶她们之人的；若那人没有娶她，却也不可把她卖给外人，而当设法弥补她所受的失望；若娶了她，就当好好供养她（出21:7-11）。这样神顾念了以色列女儿们的安慰与名声，并教导丈夫们要敬重妻子（无论她们出身多么卑微），视她们为软弱的器皿（彼前3:7）。
¹² 打人以致打死的，必要把他治死。 ¹³ 人若不是埋伏着杀人，乃是神交在他手中，我就设下一个地方，使他可以往那里逃。 ¹⁴ 人若任意用诡计杀了他的邻舍，你就是逃到我的坛那里，也当捉去把他治死。 ¹⁵ 打父母的，必要把他治死。 ¹⁶ 拐带人口，或是把人卖了，或是留在他手下，必要把他治死。 ¹⁷ 咒骂父母的，必要把他治死。 ¹⁸ 人若彼此相争，这个用石头或是拳头打那个，还没有死，却躺卧在床， ¹⁹ 若再起来扶杖而出，那打他的可算无罪；但要将他耽误的工夫赔还，并要将他全然医好。 ²⁰ 人若用棍子打奴仆或婢女，立时死在他的手下，他必要受刑。 ²¹ 若过一两天才死，就可以不受刑，因为是他用钱买的。
此处可见：
I\. 关于谋杀的律法。祂近日曾说不可杀人；此处祂规定：1. 关于故意杀人的刑罚（出21:12）：打人以致打死的——无论是出于突然的怒气，还是出于预谋的恶意——政府当负责使杀人者被治死，正如那古老的律法（创9:6）所记：凡流人血的，他的血也必被人所流。 那借护理赐生命并维持生命的神，如今借律法保护生命；所以对故意杀人者所施的怜悯，乃是对其他全人类的残忍：这样的人，神在此说，连从我的坛上（出21:14）也要被捉去——他可能逃到那里求庇护；若神不庇护他，便任他逃入坑中，无人拦阻。2. 关于误杀者的解救——出于不幸，或如我们法律所说的"意外致死"——当人行一件合法之事、无意伤害任何人之时，偶然杀了人；或如此处所描述：神交在他手中。没有什么是偶然发生的；在我们看来纯属偶然的，乃是由神圣护理为着智慧圣洁之目的而安排——那目的是向我们所隐藏的。在这种情形下，神设立了逃城以保护那些使别人丧命乃属不幸、并非其过犯的人（出21:13）。在我们之中，因不知有别的报血仇的人，唯有官长，律法本身便足以作那些良心无辜、手却有罪之人的庇护所，无须别的。
II\. 关于悖逆儿女的律法。此处将以下定为死罪：1. 打父母（出21:15）——或致流血，或使所打之处青紫。2. 咒骂父母（出21:17）——如拉比们所说，若他们在此事上妄称神的名。按：儿女对父母的不孝行为，对神我们共同的天父是极大的冒犯；人若不刑罚这事，神必刑罚。那些已经突破儿女当尽的敬畏与本分之约束、到了在言语或行动上虐待自己亲生父母之地步的人，已经完全丧失了一切美德，被弃于一切邪恶之中。那挣脱这轭的人，还要负什么轭呢？当儿女的当谨防心中存任何对父母显得不孝或轻视的思想或情绪；因为公义的神察看人心。
III\. 此处有禁止拐带人口的律法（出21:16）：拐带人口（无论是男人、妇人或孩童），意图卖给外邦人（因为没有以色列人会买他），按这律例当被定为死罪——这律例为使徒所认可（提前1:10），那里拐带人口者被列在那些恶人之中，基督徒君王当为这些人制定律法。
IV. 此处规定虽然未致死亡，但伤害人身者当予以赔偿（出21:18,19）。那造成伤害的当负赔偿之责，不但要付医治的费用，还要赔偿所耽误的工夫；犹太人还加上：他必须为所受的疼痛、以及若有伤残、为所留下的瑕疵予以补偿。
V. 关于仆人因受主人责打而死的指引。这仆人当不是以色列人，而是外邦奴仆——正如我们种植园主的黑奴；此处假设主人用棍子打他，而非用任何可能造成致命伤的物件；然而若他当时死在手下，他当按法官根据情节所酌定的刑罚被罚（出21:20）。但若他在受责打后一两天才死，便假设主人因失去仆人已受够苦了（出21:21）。我们的法律把仆人因主人合理的责打而死定为误杀。然而让一切主人当心不可对仆人施暴虐；福音教导他们甚至要节制威吓（弗6:9），如圣洁的约伯所说：神兴起的时候，我当怎样行呢？（伯31:13-15）。
²² 人若彼此争斗，伤害了有孕的妇人，甚至坠胎，却无别害，那伤害她的总要按妇人的丈夫所要的、照审判官所断的受罚。 ²³ 若有别害，就要以命偿命， ²⁴ 以眼还眼，以牙还牙，以手还手，以脚还脚， ²⁵ 以烙还烙，以伤还伤，以打还打。 ²⁶ 人若打坏了他奴仆或是婢女的一只眼，就要因他的眼放他去得以自由。 ²⁷ 若打掉了他奴仆或是婢女的一个牙，就要因他的牙放他去得以自由。 ²⁸ 牛若触死男人或是女人，总要用石头打死那牛，肉却不可吃；但牛的主人可算无罪。 ²⁹ 倘若那牛素来是触人的，有人报告了牛主，牛主竟不把他拴住，以致触死了男人或是女人，就要用石头打死那牛，牛主也必治死。 ³⁰ 若罚他赎命的价银，他必照所罚的赎他的命。 ³¹ 牛无论触了人的儿子或是女儿，必照这例办理。 ³² 牛若触了奴仆或是婢女，必将银子三十舍客勒给他们的主人，也要用石头打死那牛。 ³³ 人若敞着井口，或挖井不遮盖，有牛或驴掉在里头， ³⁴ 井主要拿钱赔还本主，死牲畜要归自己。 ³⁵ 人的牛若伤了别人的牛，以至于死，他们要卖了那活牛，平分价值；也要平分死牛。 ³⁶ 人若知道那牛素来是触人的，牛主竟不把牛拴住，他必要以牛还牛，死牛归自己。
此处请留意：
I. 律法对怀孕妇女特别的看顾——不容她们受任何可能导致小产的伤害。自然之律要求我们在这事上极其温柔，免得树与果子同毁（出21:22,23）。怀孕的妇人既如此被置于神律法特别的保护之下，她们若活在祂的敬畏之中，仍可相信自己是处于神护理特别的保护之下，并指望在生产中得救。就在这事上引入了那报复的通律——我们的救主在太5:38所引用的：以眼还眼。如今：1. 这律法的执行并未借此放在私人手中，仿佛人人可以自行报仇——那必导致普遍的混乱，使人如海中的鱼一般。古人的遗传似乎给它加上了这腐败的解释——我们的救主正是反对这点，吩咐我们饶恕伤害，不谋复仇（太5:39）。2. 神常在祂护理的过程中执行它，使刑罚在许多情形中与罪相符（士1:7；赛33:1；哈2:13；太26:52）。3. 官长在刑罚罪犯、为受害者伸冤之时当以这规则为念。当考虑过犯的性质、品质与程度，好使受害者得着赔偿，别人受 deter 不得犯同样的罪——或以眼还眼，或所 forfeit 的眼以金钱赎之。按：行不义的，或迟或早必按自己所行的受报（西3:25）。神有时使人的强暴归于自己头上（诗7:16）；官长在此乃是公义的执事——他们是报应者（罗13:4），他们不可徒然佩剑。
II. 神对仆人的看顾。主人若使他们残废——哪怕只是打掉一颗牙——那便当作他们的释放（出21:26,27）。这是为：1. 防止他们被虐待——主人会小心不向他们施任何暴力，免得失去他们的服事。2. 他们若被虐待时安慰他们——失一肢便得着自由，这在某种程度上弥补了他们所受的疼痛与羞辱。不但如此：
III. 神难道顾念牛吗？ 是的，本章随后的律法显明祂顾念——为我们的缘故（林前9:9,10）。此处以色列人受指导当如何行：
1. 关于牛或任何其他牲畜造成的伤害——因为毫无疑问，这律法旨在涵盖一切类似的情形。(1.) 作为神看顾人生命的实例（虽然这生命已在神圣公义前千百次被 forfeit），并作为祂对谋杀之罪憎恶的标记。牛若杀了任何人——男人、女人或孩童——那牛当被用石头打死（出21:28）；又因低等受造之物最大的尊荣在于服事人，那罪犯便被剥夺此尊荣：肉却不可吃。这样神要在祂百姓心中保持对谋杀之罪以及一切野蛮之事的根深蒂固的厌恶。(2.) 使人当心不容他们的牲畜伤害人，并尽一切可能的方法防止祸害。牲畜的主人若知道它是伤人的，便当为所造成的伤害负责；按案情情节所显示他责任的多少，他要么被治死，要么以金钱赎命（出21:29-32）。我们有些古书按英格兰的普通法将此定为重罪，并给这理由："主人放任所知的伤人之兽自由行动，便显明他极愿有人受害。" 按：我们自己不作恶还不够，我们当留心不可让那些在我们权下所能约束的人或兽造成祸害。
2. 关于牛或其他牲畜所受的伤害。(1.) 它们若掉在坑中丧命，那开坑的当赔偿损失（出21:33,34）。按：我们当谨慎不仅不作那有伤害之事，也不作那可能有伤害之事。不设计谋害人还不够，我们还当设法防止祸害，否则便成为邻舍损失的从犯。出于恶意的祸害是大罪；但出于疏忽、因缺乏当有的谨慎与思虑的祸害，也并非无罪，而当按祸害的程度怀着极大的悔意反省之：特别我们当谨慎，不可因在弟兄的路上放下绊脚的 occasion 而在别人的罪上有分（罗14:13）。(2.) 牲畜若相斗，一只死了另一只，主人当均摊损失（出21:35）。只是若那造成祸害的牛，主人知道它是素来伤人的，他便当赔偿损失——因为他本应杀它或拴住它（出21:36）。这些案件的判定都带着自身公平的明证，并提供了那时至今仍沿用的公义规则，用以判断人与人之间所发生的类似争端。但我推测这些案件之所以被特别指出，而不是别的——虽然有些似乎细微——是因为它们当时正是实际上摆在摩西面前的案件；因为在他们密集安营、并有牛群羊群在他们中间的旷野里，这些最后所提的祸害颇有可能发生。这些律法所教导我们的是：我们当极其小心不可直接或间接地亏负人；并且我们若行了错事，便当十分甘心赔偿，并切望不因我们而使任何人受损。
英文原文
Judicial Laws (1491 BC)
¹ Now these are the judgments which thou shalt set before them.
² If thou buy an Hebrew servant, six years he shall serve: and in the seventh he shall go out free for nothing.
³ If he came in by 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.
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 unto the judges; he shall also bring him to the door, or unto the door post; and his master shall bore his ear through with an awl; and he shall serve him for ever.
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 duty of marriage, shall he not diminish.
¹¹ And if he do not these three unto her, then shall she go out free without money.
The Ex 21:1 is the general title of the laws contained in this and the two following chapters, some of them relating to the religious worship of God, but most of them relating to matters between man and man. Their government being purely a Theocracy, that which in other states is to be settled by human prudence was directed among them by a divine appointment, so that the constitution of their government was peculiarly adapted to make them happy. These laws are called judgments, because they are framed in infinite wisdom and equity, and because their magistrates were to give judgment according to the people. In the doubtful cases that had hitherto occurred, Moses had particularly enquired of God for them, as appeared, Ex 18:15; but now God gave him statutes in general by which to determine particular cases, which likewise he must apply to other like cases that might happen, which, falling under the same reason, fell under the same rule. He begins with the laws concerning servants, commanding mercy and moderation towards them. The Israelites had lately been servants themselves; and now that they had become, not only their own masters, but masters of servants, too, lest they should abuse their servants, as they themselves had been abused and ruled with rigour by the Egyptian task-masters, provision was made by these laws for the mild and gentle usage of servants. Note, If those who have had power over us have been injurious to us this will not in the least excuse us if we be in like manner injurious to those who are under our power, but will rather aggravate our crime, because, in that case, we may the more easily put our souls into their soul's stead. Here is,
I. A law concerning men-servants, sold, either by themselves or their parents, through poverty, or by the judges, for their crimes; even those of the latter sort (if Hebrews) were to continue in slavery but seven years at the most, in which time it was taken for granted that they would sufficiently have smarted for their folly or offence. At the seven years' end the servant should either go out free (Ex 21:2,3), or his servitude should thenceforward be his choice, Ex 21:5,6. If he had a wife given him by his master, and children, he might either leave them and go out free himself, or, if he had such a kindness for them that he would rather tarry with them in bondage than go out at liberty without them, he was to have his ear bored through to the doorpost and serve till the death of his master, or the year of jubilee.
1. By this law God taught, (1.) The Hebrew servants generosity, and a noble love of liberty, for they were the Lord's freemen; a mark of disgrace must be put upon him who refused liberty when he might have it, though he refused it upon considerations otherwise laudable enough. Thus Christians, being bought with a price, and called unto liberty, must not be the servants of men, nor of the lusts of men, 1Co 7:23. There is a free and princely spirit that much helps to uphold a Christian, Ps 51:12. He likewise taught, (2.) The Hebrew masters not to trample upon their poor servants, knowing, not only that they had been by birth upon a level with them, but that, in a few years, they would be so again. Thus Christian masters must look with respect on believing servants, Philemon 1:16.
2. This law will be further useful to us, (1.) To illustrate the right God has to the children of believing parents, as such, and the place they have in his church. They are by baptism enrolled among his servants, because they are born in his house, for they are therefore born unto him, Eze 16:20. David owns himself God's servant, as he was the son of his handmaid (Ps 116:16), and therefore entitled to protection, Ps 86:16. (2.) To explain the obligation which the great Redeemer laid upon himself to prosecute the work of our salvation, for he says (Ps 40:6), My ears hast thou opened, which seems to allude to this law. He loved his Father, and his captive spouse, and the children that were given him, and would not go out free from his undertaking, but engaged to serve in it for ever, Isa 42:1,4. Much more reason have we thus to engage ourselves to serve God for ever; we have all the reason in the world to love our Master and his work, and to have our ears bored to his door-posts, as those who desire not to go out free from his service, but to be found more and more free to it, and in it, Ps 84:10.
Concerning maid-servants, whom their parents, through extreme poverty, had sold, when they were very young, to such as they hoped would marry them when they grew up; if they did not, yet they must not sell them to strangers, but rather study how to make them amends for the disappointment; if they did, they must maintain them handsomely, Ex 21:7-11. Thus did God provide for the comfort and reputation of the daughters of Israel, and has taught husbands to give honour to their wives (be their extraction ever so mean) as to the weaker vessels, 1Pe 3:7.
¹² He that smiteth a man, so that he die, shall be surely put to death.
¹³ And if a man lie not in wait, but God deliver him into his hand; then I will appoint thee a place whither he shall flee.
¹⁴ But if a man come presumptuously upon his neighbour, to slay him with guile; 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 death.
¹⁶ And he that stealeth a man, and selleth him, or if he be found in his hand, he shall surely be put to death.
¹⁷ And he that curseth his father, or his mother, shall surely be put to death.
¹⁸ And if men strive together, and one smite another with a stone, or with his fist, and he die not, but keepeth 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 time, 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 continue a day or two, he shall not be punished: for he is his money.
Here is, I. A law concerning murder. He had lately said, Thou shalt not kill; here he provides, 1. For the punishing of wilful murder (Ex 21:12): He that smiteth a man, whether upon a sudden passion or in malice prepense, so that he die, the government must take care that the murderer be put to death, according to that ancient law (Ge 9:6), Whoso sheddeth man's blood, by man shall his blood be shed. God, who by his providence gives and maintains life, thus by his law protects it; so that mercy shown to a wilful murderer is real cruelty to all mankind besides: such a one, God here says, shall be taken even from his altar (Ex 21:14), to which he might flee for protection; and, if God will not shelter him, let him flee to the pit, and let no man stay him. 2. For the relief of such as killed by accident, per infortunium—by misfortune, or chance-medley, as our law expresses it, when a man, in doing a lawful act, without intent of hurt to any, happens to kill another, or, as it is here described, God delivers him into his hand; for nothing comes to pass by chance; what seems to us purely casual is ordered by the divine Providence, for wise and holy ends secret to us. In this case God provided cities of refuge for the protection of those whose infelicity it was, but not their fault, to occasion the death of another, Ex 21:13. With us, who know no avengers of blood but the magistrates, the law itself is a sufficient sanctuary for those whose minds are innocent, though their hands are guilty, and there needs no other.
II. Concerning rebellious children. It is here made a capital crime, to be punished with death, for children either, 1. To strike their parents (Ex 21:15) so as either to draw blood or to make the place struck black and blue. Or, 2. To curse their parents (Ex 21:17), if they profaned any name of God in doing it, as the rabbies say. Note, The undutiful behaviour of children towards their parents is a very great provocation to God our common Father; and, if men do not punish it, he will. Those are perfectly lost to all virtue, and abandoned to all wickedness, that have broken through the bonds of filial reverence and duty to such a degree as in word or action to abuse their own parents. What yoke will those bear that have shaken off this? Let children take heed of entertaining in their minds any such thought or passions towards their parents as savour of undutifulness and contempt; for the righteous God searches the heart.
III. Here is a law against man-stealing (Ex 21:16): He that steals a man (that is, a person, man, woman, or child), with design to sell him to the Gentiles (for no Israelite would buy him), was adjudged to death by this statute, which is ratified by the apostle (1Ti 1:10), where men-stealers are reckoned among those wicked ones against whom laws must be made by Christian princes.
IV. Care is here taken that satisfaction be made for hurt done to a person, though death do not ensue, Ex 21:18,19. He that did the hurt must be accountable for damages, and pay, not only for the cure, but for the loss of time, to which the Jews add that he must likewise give some recompence both for the pain and for the blemish, if there were any.
V. Direction is given what should be done if a servant died by his master's correction. This servant must not be an Israelite, but a Gentile slave, as the negroes to our planters; and it is supposed that he smite him with a rod, and not with any thing that was likely to give a mortal wound; yet, if he died under his hand, he should be punished for his cruelty, at the discretion of the judges, upon consideration of circumstances, Ex 21:20. But, if he continued a day or two after the correction given, the master was supposed to suffer enough by losing his servant, Ex 21:21. Our law makes the death of a servant, by his master's reasonable beating of him, but chance-medley. Yet let all masters take heed of tyrannizing over their servants; the gospel teaches them even to forbear and moderate threatenings (Eph 6:9), considering with holy Job, What shall I do, when God riseth up? Job 31:13-15.
²² If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief 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.
²⁸ If an ox gore a man or a woman, that they die: then the ox shall be surely stoned, and his flesh shall not be eaten; but the owner of the ox shall be quit.
²⁹ But if the ox were wont 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 death.
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 thirty 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.
Observe here,
I. The particular care which the law took of women with child, that no hurt should be done them which might occasion their mis-carrying. The law of nature obliges us to be very tender in that case, lest the tree and fruit be destroyed together, Ex 21:22,23. Women with child, who are thus taken under the special protection of the law of God, if they live in his fear, may still believe themselves under the special protection of the providence of God, and hope that they shall be saved in child-bearing. On this occasion comes in that general law of retaliation which our Saviour refers to, Mt 5:38, An eye for an eye. Now, 1. The execution of this law is not hereby put into the hands of private persons, as if every man might avenge himself, which would introduce universal confusion, and make men like the fishes of the sea. The tradition of the elders seems to have put this corrupt gloss upon it, in opposition to which our Saviour commands us to forgive injuries, and not to meditate revenge, Mt 5:39. 2. God often executes it in the course of his providence, making the punishment, in many cases, to answer to the sin, as Jdg 1:7, Isa 33:1, Hab 2:13, Mt 26:52. 3. Magistrates ought to have an eye to this rule in punishing offenders, and doing right to those that are injured. Consideration must be had of the nature, quality, and degree of the wrong done, that reparation may be made to the party injured, and others deterred from doing the like; either an eye shall go for an eye, or the forfeited eye shall be redeemed by a sum of money. Note, He that does wrong must expect one way or other to receive according to the wrong he has done, Col 3:25. God sometimes brings men's violent dealings upon their own heads (Ps 7:16); and magistrates are in this the ministers of the justice, that they are avengers (Ro 13:4), and they shall not bear the sword in vain.
II. The care God took of servants. If their masters maimed them, though it was only striking out a tooth, that should be their discharge, Ex 21:26,27. This was intended, 1. To prevent their being abused; masters would be careful not to offer them any violence, lest they should lose their service. 2. To comfort them if they were abused; the loss of a limb should be the gaining of their liberty, which would do something towards balancing both the pain and disgrace they underwent. Nay,
III. Does God take care for oxen? Yes, it appears by the following laws in this chapter that he does, for our sakes, 1Co 9:9,10. The Israelites are here directed what to do,
1. In case of hurt done by oxen, or any other brute-creature; for the law, doubtless, was designed to extend to all parallel cases. (1.) As an instance of God's care of the life of man (though forfeited a thousand times into the hands of divine justice), and in token of his detestation of the sin of murder. If an ox killed any man, woman, or child, the ox was to be stoned (Ex 21:28); and, because the greatest honour of the inferior creatures is to be serviceable to man, the criminal is denied that honour: his flesh shall not be eaten. Thus God would keep up in the minds of his people a rooted abhorrence of the sin of murder and every thing that was barbarous. (2.) To make men careful that none of their cattle might do hurt, but that, by all means possible, mischief might be prevented. If the owner of the beast knew that he was mischievous, he must answer for the hurt done, and, according as the circumstances of the case proved him to be more or less accessory, he must either be put to death or ransom his life with a sum of money, Ex 21:29-32. Some of our ancient books make this felony, by the common law of England, and give this reason, "The owner, by suffering his beast to go at liberty when he knew it to be mischievous, shows that he was very willing that hurt should be done." Note, It is not enough for us not to do mischief ourselves, but we must take care that no mischief be done by those whom it is in our power to restrain, whether man or beast.
2. In case of hurt done to oxen, or other cattle. (1.) If they fall into a pit, and perish there, he that opened the pit must make good the loss, Ex 21:33,34. Note, We must take heed not only of doing that which will be hurtful, but of doing that which may be so. It is not enough not to design and devise mischief, but we must contrive to prevent mischief, else we become accessory to our neighbours' damage. Mischief done in malice is the great transgression; but mischief done through negligence, and for want of due care and consideration, is not without fault, but ought to be reflected upon with great regret, according as the degree of the mischief is: especially we must be careful that we do nothing to make ourselves accessory to the sins of others, by laying an occasion of offence in our brother's way, Ro 14:13. (2.) If cattle fight, and one kill another, the owners shall equally share in the loss, Ex 21:35. Only if the beast that had done the harm was known to the owner to have been mischievous he shall answer for the damage, because he ought either to have killed him or kept him up, Ex 21:36. The determinations of these cases carry with them the evidence of their own equity, and give such rules of justice as were then, and are still, in use, for the decision of similar controversies that arise between man and man. But I conjecture that these cases might be specified, rather than others (though some of them seem minute), because they were then cases in fact actually depending before Moses; for in the wilderness where they lay closely encamped, and had their flocks and herds among them, such mischiefs as these last mentioned were likely enough to occur. That which we are taught by these laws is that we should be very careful to do no wrong, either directly or indirectly; and that, if we have done wrong, we must be very willing to make satisfaction, and desirous that nobody may lose by us.
本章所记载的律法涉及第五条与第六条诫命；虽然它们并不契合我们今日的宪制，尤其是在奴仆制度方面，其所附刑罚对我们也没有约束力，然而对于阐明道德律与自然正义的原则，这些律法仍然大有裨益。本章包含若干引申：I. 论第五条诫命，关乎特定的关系。1. 主人对仆人当尽的本分——对待男仆（出21:2-6），以及对待女仆（出21:7-11）。2. 悖逆之子凡殴打父母的（出21:15），或咒骂父母的（出21:17），当受的刑罚。II. 论第六条诫命，禁止一切加诸于人身的暴力。此处包括：1. 论谋杀（出21:12-14）。2. 拐带人口（出21:16）。3. 殴打伤害（出21:18-19）。4. 责罚仆人（出21:20-21）。5. 伤及孕妇（出21:22-23）。6. 报复律法（出21:24-25）。7. 伤害仆人之肢体（出21:26）。8. 牛触人（出21:28-32）。9. 因敞开井口而造成的损害（出21:33-34）。10. 牛与牛相斗（出21:35-36）。