Commentary - Exodus 21:20-21

Bird's-eye view

In this section of the book of the covenant, God lays down case laws that are to govern the life of Israel. These are not abstract philosophical principles floating in the ether; they are concrete applications of God's justice for a particular people at a particular time. Our modern sensibilities often recoil at passages like this because we have been trained to think with the sentimentalism of a therapeutic culture, rather than with the robust categories of biblical justice. We read a text like this and immediately think of chattel slavery in the American South, a monstrous institution that was built on the capital crime of manstealing (Ex. 21:16; 1 Tim. 1:10). But the servitude described here is an entirely different creature.

The law given to Moses here is a radical restriction on the otherwise absolute power that masters had over their slaves in the ancient Near East. In the surrounding pagan cultures, a master could kill his slave with impunity. The slave was a thing, a tool, with no more rights than an ox or a donkey. But the law of God says otherwise. Here, God inserts Himself into the master/slave relationship and establishes a principle: the slave is a human being, made in the image of God, and his life is not the master's to take. This passage, far from endorsing brutality, actually limits it and lays the groundwork for the eventual abolition of the institution, which is the long-term trajectory of the gospel.

Outline

Context In Exodus

These verses are part of a larger block of legal material that follows the Ten Commandments. God has just spoken the Ten Words from Sinai, establishing the foundational principles of His covenant with Israel. Now, He provides Moses with a series of specific applications, what we call case law. The structure is something like this: "Here is the principle (e.g., 'You shall not murder'), and here is how it plays out in various real-life scenarios."

This section deals with laws of restitution and retribution. It is designed to teach Israel how to live together as a holy people. Justice is not an abstract concept; it has to be worked out on the ground, in the messy details of human relationships. This includes economic relationships, like that between a master and a servant. It is crucial to remember that this law was given in a specific historical context, as a gracious provision from God to restrain sin and promote a just social order in a fallen world.

Clause-by-Clause Commentary

v. 20 “And if a man strikes his male or female slave with a rod and he dies at his hand, he shall surely be punished.”

The first thing to notice is the weapon mentioned: a rod. The rod was a common instrument of discipline, used by fathers on sons (Prov. 23:13-14), shepherds on sheep (Ps. 23:4), and masters on servants. The law assumes a context where physical discipline is a normal part of life. The issue here is not the act of discipline itself, but its outcome. If the discipline is so severe that the slave dies "at his hand", meaning, immediately, on the spot, then the master has crossed a line. He has gone from discipline to destruction. And when that line is crossed, the law demands that he "shall surely be punished." The Hebrew here is emphatic: "vengeance shall be taken." This is a legal punishment, to be carried out by the civil magistrate. In the surrounding cultures, this was unthinkable. The master's power was absolute. But here, God's law holds the master accountable for the life of his servant. This is a profound statement about the value of that life.

v. 21 “But if for a day or two he is able to stand, no punishment shall be taken; for he is his property.”

This is the clause that causes the most trouble for modern readers. Two things are happening here. First, a distinction is being made that is foundational to biblical justice: the distinction between intent and outcome. If the slave gets up after a day or two, it is taken as evidence that the master's intent was discipline, not murder. The death, if it follows later, is considered an unintended consequence, not a capital crime. The law is making a distinction between what we would call first-degree murder and manslaughter. If the master intended to kill the slave, he would have made sure the job was done immediately. The fact that the slave survives for a time indicates that the master's goal was correction, however harsh or misguided it may have been.

Second, the reason given is that "he is his property." The Hebrew word is more literally "his money" or "his silver." This is not a statement devaluing the slave to the level of a mere object. Rather, it is the legal basis for why the master is not subject to further civil punishment in this specific case. The master has already suffered a significant financial loss. He has lost the labor and the value of his servant. In a case where his intent was not murder, this economic loss is considered his punishment. It is a principle of restitution. The logic is this: the man has lost his property through his own excessive actions. That loss is, in itself, the civil penalty. This does not mean God is indifferent to the slave's death. It means that in this specific legal case, the civil government's role is complete once the master has borne the economic consequences of his actions. He still has to answer to God for the life he took, but the civil case is closed. This law, in its context, was a massive step toward recognizing the humanity of the slave and limiting the raw power of the master.

The Gospel Connection

Every Old Testament law, rightly understood, points us to Christ. These laws reveal the righteousness of God, a standard that none of us can meet. They show us our sin and our desperate need for a savior. This law concerning masters and servants is no different. It reveals a standard of justice, but it also reveals the limitations of what external law can accomplish in the hearts of sinful men.

The law could put a check on a master's brutality, but it could not give him a new heart that loved his servant as a brother. Only the gospel can do that. And this is precisely what the gospel does. In Christ, the old categories are exploded. Paul tells Philemon to receive his runaway slave, Onesimus, back "no longer as a slave, but more than a slave, as a beloved brother" (Philemon 16). The gospel does not merely regulate slavery; it demolishes its foundations by making us all one in Christ Jesus, where there is "neither slave nor free" (Gal. 3:28).

Ultimately, this passage points us to our own condition. We were all slaves to sin, and the penalty for our rebellion was death (Rom. 6:23). Our Master, Satan, had no regard for our lives. But God, in His mercy, did not leave us in that state. He sent His own Son, Jesus Christ, to purchase us out of slavery. He paid the price, not with silver or gold, but with His own precious blood (1 Pet. 1:18-19). We who were slaves have been made sons and co-heirs with Christ. The justice of God required a penalty for our sin, and the love of God paid it in full. That is the gospel, and it is the only true source of freedom.

Application

First, we must learn to read the Bible on its own terms, not through the distorted lens of our current cultural moment. We must not be embarrassed by the Word of God. These laws were good and just for the people to whom they were given. Our task is to understand the "general equity", the underlying principle of justice, and apply it to our own context. The principle here is that authority is never absolute. All human authority is delegated by God and must be exercised according to His standards. Whether you are an employer, a parent, a pastor, or a civil magistrate, you will give an account to God for how you use your authority.

Second, we must recognize the profound difference the gospel makes. We are not called to reinstitute Old Testament civil law. We are called to live as new creations in Christ. This means that our relationships are to be governed by love, grace, and mutual service, not by the dynamics of power and coercion. An employer should treat his employees with fairness and dignity, not because the law requires it, but because he and his employees are both made in the image of God and have been redeemed by the same blood.

Finally, this passage should fill us with gratitude for the great salvation we have in Christ. We were the slaves who were beaten and left for dead. We had no hope. But Christ, our true Master, did not consider us His property to be disposed of, but His beloved to be redeemed. He took the punishment we deserved so that we could be set free. Our response should be one of joyful obedience and a commitment to treat others with the same grace and mercy that God has shown to us.