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Exodus

About this book

The Covenant Commandments

Chapter 21

1 “These are the ordinances that you will set before them: 2 “If you buy a Hebrew servant, he is to serve you for six years, but in the seventh year he will go out free without paying anything.⁠ 3 If he came in by himself he will go out by himself; if he had a wife when he came in, then his wife will go out with him. 4 If his master gave him a wife, and she bore sons or daughters, the wife and the children will belong to her master, and he will go out by himself. 5 But if the servant should declare, ‘I love my master, my wife, and my children; I will not go out free,’ 6 then his master must bring him to the gods13,⁠ and he will bring him to the door or the doorpost, and his master will pierce his ear with an awl, and he shall serve him forever.⁠ 7 “If a man sells his daughter as a female servant, she will not go out as the male servants do. 8 If she does not please her master, who has designated her for himself, then he must let her be redeemed. He has no right to sell her to a foreign nation, because he has dealt deceitfully with her. 9 If he designated her for his son, then he will deal with her according to the customary rights of daughters. 10 If he takes another wife, he must not diminish the first one’s food, her clothing, or her marital rights.⁠ 11 If he does not provide her with these three things, then she will go out free, without paying money. 12 “Whoever strikes someone so that he dies must surely be put to death. 13 But if he does not do it with premeditation, but it happens by accident, then I will appoint for you a place where he may flee.⁠ 14 But if a man willfully attacks his neighbor to kill him cunningly, you will take him even from my altar that he may die. 15 “Whoever strikes his father or his mother must surely be put to death.⁠ 16 “Whoever kidnaps someone and sells him, or is caught still holding him, must surely be put to death.⁠ 17 “Whoever treats his father or his mother disgracefully must surely be put to death.⁠ 18 “If men fight, and one strikes his neighbor with a stone or with his fist and he does not die, but must remain in bed, 19 and then if he gets up and walks about outside on his staff, then the one who struck him is innocent, except he must pay for the injured person’s loss of time and see to it that he is fully healed.⁠ 20 “If a man strikes his male servant or his female servant with a staff so that he or she dies as a result of the blow, he will surely be punished.⁠ 21 However, if the injured servant survives one or two days, the owner will not be punished, for he has suffered the loss. 22 “If men fight and hit a pregnant woman and her child is born prematurely, but there is no serious injury,⁠ the one who hit her will surely be punished in accordance with what the woman’s husband demands of him, and he will pay what the court decides.⁠ 23 But if there is serious injury, then you will give a life for a life,⁠ 24 eye for eye, tooth for tooth,⁠ hand for hand, foot for foot,⁠ 25 burn for burn, wound for wound, bruise for bruise. 26 “If a man strikes the eye of his male servant or his female servant so that he destroys it, he will let the servant go free as compensation for the eye.⁠ 27 If he knocks out the tooth of his male servant or his female servant, he will let the servant go free as compensation for the tooth. 28 “If an ox gores a man or a woman so that either dies, then the ox must surely be stoned and its flesh must not be eaten,⁠ but the owner of the ox will be acquitted.⁠ 29 But if the ox had the habit of goring,⁠ and its owner was warned but he did not take the necessary precautions, and then it killed a man or a woman, the ox must be stoned and the man must be put to death.⁠ 30 If a ransom is set for him, then he must pay the redemption for his life according to whatever amount was set for him. 31 If the ox gores a son or a daughter, the owner will be dealt with according to this rule. 32 If the ox gores a male servant or a female servant, the owner must pay thirty shekels of silver, and the ox must be stoned. 33 “If a man opens a pit or if a man digs a pit and does not cover it and an ox or a donkey falls into it,⁠ 34 the owner of the pit must repay the loss. He must give money to its owner, and the dead animal will become his. 35 If the ox of one man injures the ox of his neighbor so that it dies, then they will sell the live ox and divide its proceeds, and they will also divide the dead ox. 36 Or if it is known that the ox had the habit of goring, and its owner did not take the necessary precautions, he must surely pay ox for ox, and the dead animal will become his.

Texts in conversation

Compare Code of Hammurabi §206 and Exodus 21:19

Ancient Near East, Babylonian · Hebrew Bible

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Summary

Exodus 21 echoes the payment for treatment after a fight in the Code of Hammurabi, adding compensation for lost working time so that the attacker must bear the cost of the victim's recovery as well as the injury.

Passages

Code of Hammurabi §206

Ancient Near East, Babylonian · Babylonian Legal Text
204 If a freed man strikes the body of another freed man, he shall pay ten shekels of silver. 205 If the slave of a freed man strikes the body of a freed man, his ear shall be cut off. 206 If one man strikes another in a quarrel and wounds him, he shall swear, "I did not injure him deliberately," and pay the physicians. 207 If the man dies of his wound, he shall swear the same oath, and if the dead man was free-born, he shall pay half a mina of silver. 208 If he was a freed man, he shall pay one-third of a mina. 209 If a man strikes a free-born woman so that she loses her unborn child, he shall pay ten shekels for her loss.
1750 BCE (scholarly estimate) Read in the Code of Hammurabi

Exodus 21:19

Hebrew Bible
18 “If men fight, and one strikes his neighbor with a stone or with his fist and he does not die, but must remain in bed, 19 and then if he gets up and walks about outside on his staff, then the one who struck him is innocent, except he must pay for the injured person’s loss of time and see to it that he is fully healed. 20 “If a man strikes his male servant or his female servant with a staff so that he or she dies as a result of the blow, he will surely be punished. 21 However, if the injured servant survives one or two days, the owner will not be punished, for he has suffered the loss.
750–400 BCE (scholarly estimate) Read in Exodus

References

“... In addition to the evidence about sequence, many of the individual laws in CC and LH, in or outside the common sequence, agree in their internal details. Note, for example, that the debt-slavery laws describe work for X years with release in year X + 1 (21:2 // LH 117); the laws on slave-master relations have a slave declaring his relationship to his master with subsequent marking or marring of his ear to reflect his submission or rebellion (21:5–6 // LH 282); the laws about marrying a second wife describe it as “taking another” and require one to provide for the support of the first in three ways (by implication if not explicitly; 21:10–11 // LH 148–149); the child rebellion laws describe both verbal and physical attacks (21:15, 17 // LH 192–193, 195); the laws about striking a person set the injury in the context of a fight and require the injurer to care for the victim’s recovery (21:18–19 // LH 206); the miscarriage laws treat two cases, causing a miscarriage alone and then death to the woman (21:22–23 // LH 209–210); talion laws mention eye, tooth, and bone injuries and deal with such injuries to slaves (21:24–27 // LH 196–201); the goring ox laws consider ad hoc goring first, then habitual goring, then the goring of a slave (21:28–32 // LH 250–251); animal theft laws mention finding a stolen object in the thief’s possession, an inability to pay the penalty, and twofold or more restoration (21:37 + 22:2b–3 // LH 253–265); grazing laws presumably deal with two cases, causing animals to graze and releasing animals in a field (22:4 // LH 57–58); deposit laws require double compensation and declarations before the deity (22:6–8 // LH 120; cf. 126); and the animal death and injury laws speak, in order, about how the animal died, a declaration of innocence, and the owner’s acceptance of the loss (22:9–10 // LH 266). ...”
David P. Wright, Inventing God’s Law: How the Covenant Code of the Bible Used and Revised the Laws of Hammurabi (New York: Oxford University Press, 2009), 50.

References are not endorsements of their contents. Read each reference in full to understand its author's intentions in using these texts.

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Code of Hammurabi §206 and Exodus 21:19

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