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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)
繁體中文
司法的律法（主前1491年）
¹ 「你在百姓面前所要立的典章是這樣：
² 你若買希伯來人作奴僕，他必服事你六年；第七年他可以自由，白白地出去。
³ 他若孤身來就可以孤身去；他若有妻，他的妻就可以同他出去。
⁴ 他主人若給他妻子，妻子給他生了兒子或女兒，妻子和兒女要歸主人，他要獨自出去。
⁵ 倘或奴僕明說：『我愛我的主人和我的妻子兒女，不願意自由出去。』
⁶ 他的主人就要帶他到審判官那裏，又要帶他到門前，靠近門框，用錐子穿他的耳朵，他就永遠服事主人。
⁷ 人若賣女兒作婢女，婢女不可像男僕那樣出去。
⁸ 主人選定她歸自己，若不喜悅她，就應許她贖身；主人既然用詭詐待她，就沒有權柄賣給外邦人。
⁹ 主人若選定她給自己的兒子，就當待她如同女兒。
¹⁰ 若另娶一個，那女人的飲食、衣服，並好合的事，仍不可減少。
¹¹ 若不向她行這三樣，她就可以不用錢贖，白白地出去。」
出埃及記二十一章一節是本章及下兩章所載律法的總綱，其中一些關乎宗教上敬拜神的事，但大多數關乎人與人之間的事務。他們的政體純粹是神權政治，所以在別國須由人的智慧來決定的事，在他們中間卻由神的命定來指引，因此他們政體的憲法特別適合使他們得福。這些律法被稱為典章，因為它們是以無限的智慧和公平制定的，也因為他們的官長要按著百姓的情況施行判斷。在以往發生的疑難案件中，摩西曾特別為他們求問神，如出埃及記十八章十五節所示；但如今神賜給他概括的律例，藉以判定具體的案件，他也要將這些律例應用到將來可能發生的類似案件上，這些案件既屬同類理由，便服在同一規則之下。律法從關乎奴僕的開始，命定要以憐憫和溫和對待他們。以色列人不久前自己也作過奴僕；如今他們不但成了自己的主人，也成了奴僕的主人，為免他們像從前埃及的督工那樣虐待、嚴酷地管轄他們一樣去虐待自己的奴僕，這些律法便為溫和善待奴僕作了規定。當注意：若管轄我們的人曾虧待我們，這絲毫不能成為我們同樣虧待我們手下之人的藉口，反而加重我們的罪，因為在那種情形下，我們更能容易將自己靈魂代入他們的靈魂之中。這裏有：
I. 關乎男僕的律法：他們或因貧窮被自己或父母賣了，或因犯罪被官長所賣；即使是後者（若是希伯來人），最多也只持續為奴七年，在這期間內，假定他已充分為自己的愚妄或過犯受苦。七年期滿，僕人或可自由出去（出二十一2、3），或他的服事自此成為他自願的選擇（出二十一5、6）。他若從主人得了妻，並有兒女，他可以離開他們獨自出去，也可以因對他們的眷戶而寧願與他們同留為奴，不願沒有他們而自由出去；這樣就要在門框上穿他的耳朵，服事到主人死時或禧年為止。
1. 藉這律法神教導：（1）希伯來僕人的慷慨和對自由的高尚之愛，因為他們是屬耶和華的自由人；凡拒絕可得的自由者，必被加上羞辱的記號，即使他因其他值得稱許的理由而拒絕。照樣，基督徒既用重價買來，且蒙召得以自由，就不可作人的奴僕，也不可作人情慾的奴僕（林前七23）。有一種自由而高貴的心靈，大有助於扶持基督徒（詩五十一12）。他也照樣教導，（2）希伯來主人不可踐踏貧窮的僕人，因為知道他們不但生來與自己平等，數年後也要再度平等。照樣，作主人的基督徒當以敬意看待信主的僕人（門16）。
2. 這律法對我們更有進一步的用處：（1）用以說明神對信主父母的兒女所擁有的權利，以及他們在他教會中的地位。他們藉洗禮被列在他的僕人中，因為他們是生在他家中的，因此是生給他的（結十六20）。大衛自認是神的僕人，因他是婢女的兒子（詩一一六16），因此有權得保護（詩八十六16）。（2）用以解明那位偉大救贖主所加在自己身上、以成就我們救恩之工的責任，因為他說（詩四十6）：你已經開通我的耳朵，這似乎是暗指這律法。他愛他的父，愛他被擄的新婦，以及所賜給他的兒女，不願從他所承擔的職任中自由退去，卻決意永遠在其中服事（賽四十二1、4）。我們更有理由這樣獻身永遠服事神；我們有一切理由愛我們的主和他的工作，將我們的耳朵穿在門框上，不願從他的服事中自由退去，倒願在其中越發自由（詩八十四10）。
至於婢女，是她們的父母因極度貧窮，在她們年幼時賣給那些他們希望等她們長大後可以娶她們的人；若不然，也不可賣給外人，倒要設法為這失望作補償；若娶了她們，就必須好好供養（出二十一7-11）。神這樣為以色列眾女的舒適和名譽作了安排，也教導作丈夫的要敬重妻子（無論出身多卑微）當作軟弱的器皿（彼前三7）。
¹² 「打人以致打死的，必要把他治死。
¹³ 人若不是埋伏着殺人，乃是神交在他手中，我就設下一個地方，他可以往那裏逃跑。
¹⁴ 人若任意用詭計殺了他的鄰舍，你就是逃到我的壇那裏，也當捉去把他治死。
¹⁵ 「打父母的，必要把他治死。
¹⁶ 「拐帶人口，或是把人賣了，或是留在他手下，必要把他治死。
¹⁷ 「咒罵父母的，必要把他治死。
¹⁸ 「人若彼此相爭，這個用石頭或是拳頭打那個，還沒有死，不過躺臥在床，
¹⁹ 若再起來走動，扶杖而出，那打他的可算無罪；但要將他耽誤的工夫賠補，並要將他全然醫好。
²⁰ 「人若用棍子打奴僕或婢女，立時死在他的手下，他必受刑。
²¹ 若過一兩天才死，就可以不受刑，因為是用錢買的。
這裏有：I. 關乎謀殺的律法。神不久前才說過不可殺人；此處則規定：1. 對故意殺人的懲罰（出二十一12）：打人以致打死的，無論是出於一時的衝動還是蓄意的惡謀，政府必須確保殺人者被治死，正如那古老的律法所言（創九6）凡流人血的，他的血也必被人所流。神既以他的護理賜予並維持生命，就以他的律法保護生命；因此對故意殺人者施以憐憫，實為對全人類的殘忍：這樣的人，神在此說，甚至要從他的祭壇上被捉出來（出二十一14），他本可逃到那裏求庇護；若神不庇護他，就讓他逃到坑中，無人攔阻他。2. 對意外殺人的寬免，即因不幸──或按我們法律的說法為意外過失──而致人於死，就是人在作合法之事、無意加害任何人時，不巧殺了別人；或如此處所描寫的，神將他交在他手中；因為沒有甚麼是偶然發生的，在我們看為純粹偶然的事，都是神的護理為著隱秘而聖潔的目的所安排的。在這種情形下，神設立了逃城以保護那些不幸──卻非故意──致人於死的人（出二十一13）。在我們中間，既除官長外別無報血仇的，律法本身就是那些心雖有罪、手卻無辜之人的充分避難所，再不需要別的。
II. 關乎悖逆的兒女。此處定為死罪：兒女或（1）打父母（出二十一15），無論是流血或使所打之處青紫。或（2）咒罵父母（出二十一17），若他們如此行時褻瀆了神的任何名號，如拉比們所說。當注意：兒女對父母的不孝是極大惹動我們共同天父之怒的；若人不予懲罰，神必懲罰。那些已經掙脫對父母敬畏與本分之約束、在言語或行為上虐待自己父母的人，可謂已完全喪失一切美德，沉溺於各樣惡行之中。既已擺脫這軛，還能負甚麼軛呢？願兒女們謹慎，不可在心中存任何對父母不孝或輕蔑的思想或情緒；因為公義的神察看人心。
III. 此處有禁止拐帶人口的律法（出二十一16）：拐帶人口（即拐帶一個人，無論男女或孩童），意圖賣給外邦人（因沒有以色列人會買他），按這律例當判處死刑，這也為使徒所認可（提前一10），在那裏拐賣人口的人被列入基督徒君王必須立法制裁的惡人之中。
IV. 此處關注即使未致人死，對人身所加的傷害也當予以賠償（出二十一18、19）。加害者必須為損失負責並賠償，不但要付醫藥費，還要賠償誤工的損失；猶太人還加上他必須為疼痛和傷殘（若有的話）另加賠補。
V. 指示若僕人因主人管教而死當如何處理。這僕人必不是以色列人，而是外邦奴隸，正如我們殖民地種植園主所有的黑人；此處假定主人是用杖打他，而非用任何可能造成致命傷的器具；然而若他當場死在主人手下，主人就當因他的殘忍受罰，由審判官酌情根據情形而定（出二十一20）。但若他在受罰後過了一兩天才死，便假定主人因失去僕人已受足夠損失（出二十一21）。我們的法律將僕人因主人合理責打而死視為意外過失。然而願一切作主人的謹慎，不可轄制奴僕；福音教導他們甚至要節制威嚇（弗六9），與聖潔的約伯一同思想：神興起，我怎樣行呢？（伯三十一13-15）。
²² 「人若彼此爭鬥，傷害有孕的婦人，甚至墜胎，卻無別害，那傷害她的，總要按婦人的丈夫所要的，照審判官所斷的，受罰。
²³ 若有別害，你就要以命償命，
²⁴ 以眼還眼，以牙還牙，以手還手，以腳還腳，
²⁵ 以烙還烙，以傷還傷，以打還打。
²⁶ 「人若打壞了他奴僕或婢女的一隻眼，就要因他的眼放他去得以自由。
²⁷ 若打掉了他奴僕或婢女的一個牙，就要因他的牙放他去得以自由。
²⁸ 「牛若觸死男人或是女人，總要用石頭打死那牛，卻不可吃牠的肉；牛的主人可算無罪。
²⁹ 倘若那牛素來是觸人的，有人報告了牛主，牛主竟不把牠拴着，以致把男人或是女人觸死，牛要打死，主人也要治死。
³⁰ 若罰他贖命的價銀，他必照所罰的贖他的命。
³¹ 牛無論觸了人的兒子或是女兒，必照這例辦理。
³² 牛若觸了奴僕或是婢女，必將銀子三十舍客勒給他們的主人，也要用石頭把牛打死。
³³ 「人若敞着井口，或挖井不遮蓋，有牛或驢掉在裏頭，
³⁴ 井主要拿錢賠還本主，死牲畜要歸自己。
³⁵ 「人的牛若傷了別人的牛，以至於死，他們要賣了活牛，大家平分價值，也要平分死牛。
³⁶ 人若知道這牛素來是觸人的，牛主竟不把牠拴着，他必以牛還牛，死牛歸自己。」
當注意：
I. 律法對懷孕婦女特別的照顧，不可加害於她們以致流產。自然之律要求我們在這種情形下格外謹慎，免得樹與果子同歸於盡（出二十一22、23）。懷孕的婦人既這樣被置於神律法的特別保護之下，她們若敬畏神而生活，仍可相信自己在神的護理之下受特別保護，並可期望在生育的事上得救。在此機會上便引入了那一條報復的總律法，為我們的救主所引用（太五38）：以眼還眼。如今，（1）這律法的執行並非因此交在私人手中，好像人人都可以報仇，這將引致普遍的混亂，使人如同海中的魚一般。長老的遺傳似乎加上這種敗壞的曲解，與此相對，我們的救主吩咐我們饒恕人的過犯，不可懷恨報復（太五39）。（2）神常在他的護理中施行，使刑罰在許多情形下與罪惡相稱，如士師記一章七節、以賽亞書三十三章一節、哈巴谷書二章十三節、馬太福音二十六章五十二節。（3）官長在懲罰犯人、為被害者伸冤時，當以此規則為準。必須考慮所加傷害的性質、品質和程度，使被害者得著賠償，並使別人不敢效尤；或以眼還眼，或以金錢贖回那當喪的眼。當注意：行不義的人必料到遲早要按自己所行的受報（西三25）。神有時使人強暴的作為歸到他們自己頭上（詩七16）；而官長在其中是公平的執行者，就是報復者（羅十三4），他們必不徒然佩劍。
II. 神對僕人的照顧。若主人使他們殘廢，即使只是打掉一顆牙，那便是他們的釋放（出二十一26、27）。這是為了：（1）防止他們受虐待；主人會小心不向他們施暴，免得失去他們的服事。（2）若他們受虐待，可得安慰；失去一肢便是得着自由，這多少可以平衡他們所受的痛苦和羞辱。不但如此，
III. *神難道顧念牛嗎？*是的，從本章以下的律法可以看出他確實顧念，是為我們的緣故說的（林前九9、10）。以色列人在此受指示當如何處理：
1. 牛或其他牲畜加害於人的情形；因為這律法無疑也適用於一切類似的案件。（1）作為神顧念人生命的一個例證（雖然這生命已在神公義的手中喪失了千次），並作為他對謀殺之罪的憎惡的記號。牛若觸死任何男人、婦人或孩童，那牛就要被石頭打死（出二十一28）；又因為低等受造物最大的榮耀在於服事人，這罪犯便被剝奪那榮耀：不可吃牠的肉。這樣神要在百姓心中維持對謀殺之罪和一切野蠻之事根深蒂固的憎惡。（2）使人謹慎，不讓自己的牲畜加害於人，倒要盡一切可能防止損害。牲畜的主人若知道牠傷人，就必須為所造成的損害負責；並按照情形證明他的責任大小，或被治死，或用金錢贖命（出二十一29-32）。我們某些古籍將此定為英國普通法上的重罪，所給的理由是：「牲畜的主人既知道牠傷人而仍任憑牠自由行走，就表明他十分情願有人受害。」當注意：我們不但自己不加害，還要謹慎在我們能力所及範圍內管轄的，無論人或牲畜，不加害於人，這還不夠。
2. 牛或其他牲畜受損的情形。（1）牲畜若掉在坑裏死亡，開坑的人必須賠償損失（出二十一33、34）。當注意：我們不但要謹慎不作有害之事，也要謹慎不作可能有危害之事。單單不蓄意設計損害還不夠，還必須設法防止損害，否則我們便成了鄰舍損失的從犯。出於惡意的損害是大罪；但出於疏忽、因缺乏應有的謹慎和考慮而造成的損害，並非無過，卻當因其程度而深深引以為憾：特別是我們必須謹慎，不可作任何使我們成為別人犯罪的從犯之事，不可在弟兄的路上放下絆腳之物（羅十四13）。（2）牲畜若相鬥，一隻觸死另一隻，主人當平分損失（出二十一35）。唯獨那加害的牲畜若主人知道牠素來傷人，他便要為損害負責，因為他本該殺了牠或將牠關住（出二十一36）。這些案件的裁定都帶着自身公平的證據，所提供的公正原則，在當時和如今仍為決定人與人之間類似爭端所採用。但我推測這些案件之所以被具體列出（雖然其中一些看來細微），勝過其他案件，可能是因為它們當時正作為實際案件懸在摩西面前；因為在他們緊密紮營的曠野，牲畜雜處其間，上述後一類損害很可能發生。這些律法所教導我們的是：我們當十分謹慎不可直接或間接加害於人；若已加害，就當樂意賠償，切願沒有人因我們而受損。
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.
本章所記的律法關乎第五條與第六條誡命；這些律法雖不適用於我們的體制，特別在奴僕制度方面，其上所附的刑罰對我們也沒有約束力，然而對於解釋道德律和自然正義的法則，卻大有用處。此處有若干引申：一、關乎第五條誡命，論及特定的關係。1. 主人對僕人的本分，論男僕（出 21:2-6）和女僕，出 21:7-11。2. 悖逆的兒女打父母（出 21:15）或咒罵父母的刑罰，出 21:17。二、關乎第六條誡命，這誡命禁止一切對人身的暴力侵害。此處有：1. 論謀殺，出 21:12-14。2. 拐帶人口，出 21:16。3. 殴打傷人，出 21:18,19。4. 責罰僕人，出 21:20,21。5. 傷害孕婦，出 21:22,23。6. 報復的律法，出 21:24,25。7. 傷殘僕人肢體，出 21:26。8. 牛觸死人，出 21:28-32。9. 敞開陷坑所造成的損害，出 21:33,34。10. 牲畜相鬥，出 21:35,36。