Page:Keil and Delitzsch,Biblical commentary the old testament the pentateuch, trad James Martin, volume 1, 1885.djvu/651



verses 20-21
The case was different with regard to a slave. The master had always the right to punish or “chasten” him with a stick (Pro 10:13; Pro 13:24); this right was involved in the paternal authority of the master over the servants in his possession. The law was therefore confined to the abuse of this authority in outbursts of passion, in which case, “if the servant or the maid should die under his hand (i.e., under his blows), he was to be punished” (ינּקם נקם: “vengeance shall surely be taken”). But in what the נקם was to consist is not explained; certainly not in slaying by the sword, as the Jewish commentators maintain. The lawgiver would have expressed this by יוּמת מות. No doubt it was left to the authorities to determine this according to the circumstances. The law in Exo 21:12 could hardly be applied to a case of this description, although it was afterwards extended to foreigners as well as natives (Lev 24:21-22), for the simple reason, that it is hardly conceivable that a master would intentionally kill his slave, who was his possession and money. How far the lawgiver was from presupposing any such intention here, is evident from the law which follows in Exo 21:21, “Notwithstanding, if he continue a day or two (i.e., remain alive), it shall not be avenged, for he is his money.” By the continuance of his life, if only for a day or two, it would become perfectly evident that the master did not wish to kill his servant; and if nevertheless he died after this, the loss of the slave was punishment enough for the master. There is no ground whatever for restricting this regulation, as the Rabbins do, to slaves who were not of Hebrew extraction.

verses 22-25
If men strove and thrust against a woman with child, who had come near or between them for the purpose of making peace, so that her children come out (come into the world), and no injury was done either to the woman or the child that was born, a pecuniary