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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 §196 and Exodus 21:23

Ancient Near East, Babylonian · Hebrew Bible

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Summary

The language of “eye for eye, tooth for tooth” in Exodus follows ancient Near Eastern traditions such as Hammurabi's Code. Hammurabi gives different penalties based on social class, but Exodus instead gives equal penalties to everyone.
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Passages

Code of Hammurabi §196

Ancient Near East, Babylonian · Babylonian Legal Text
196 If a man puts out the eye of another man, his eye shall be put out. An eye for an eye. 197 If he breaks another man's bone, his bone shall be broken. 198 If he puts out the eye of a freed man or breaks the bone of a freed man, he shall pay one gold mina. 199 If he puts out the eye of a man's slave or breaks the bone of a man's slave, he shall pay half the slave's value. 200 If a man knocks out the teeth of his equal, his teeth shall be knocked out. A tooth for a tooth. 201 If he knocks out the teeth of a freed man, he shall pay one-third of a gold mina.
1750 BCE (scholarly estimate) Read in the Code of Hammurabi

Exodus 21:23

Hebrew Bible
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.
750–400 BCE (scholarly estimate) Read in Exodus

References

"... Hammurabi’s talion laws appear in two sets: injuries to eyes and bones in Code of Hammurabi 196–199 and injuries to teeth in Code 200–201. The eye/bone laws are graded according to the status of the victim. Injuries to the eye/bone of an awīlum are treated in separate laws. Injuries to the eyes/bones of lesser statuses are treated together in one law for commoners and another for slaves. The tooth laws are socially graded but include only the awīlum and the commoner. The laws about an eye/bone and tooth are delineated separately because the fine in the case of the commoner differs. The body parts in the talion dyads in verse 24 have correspondences in Code of Hammurabi. An “eye” is found in Code of Hammurabi 196, 198, 199; a “tooth” is found in Code 200–201. An “arm” and “leg” can be seen as referring primarily to fractures (not amputations) and thus correspond with Code 197, 198, 199. The other dyads in Covenant Code’s law derive from other laws. The equation “life for life” in verse 23 is an expansion of the cases in the Code of Hammurabi 196–201 and may echo, though only loosely, the verdict in the miscarriage law in Code 210, which requires a form of capital punishment. The Covenant Code has reformulated this requirement to fit the talion wording. The “burn,” “injury,” and “wound” in verse 25 may derive from laws near Hammurabi’s ..."
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), 181.

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Code of Hammurabi §196 and Exodus 21:23

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