Laws on Injuries to People and Animals (Exodus 21:12-32)

12 “Whoever strikes a man so that he dies shall be put to death. [The subject is indefinite, so no exception/exclusion is possible regarding the sentence of capital punishment.] 13 But if he did not lie in wait for him, but God let him fall into his hand [unintentional or accidental homicide], then I will appoint for you a place [cities of refuge] to which he may flee. [This stands in contradistinction to the ANE blood vengeance system.] 14 But if a man willfully attacks another to kill him by cunning, you shall take him from my altar, that he may die. [A man cannot find protection, clinging to the horns of the altar.]

15 “Whoever strikes [a physical attack designed to disable someone and leave them motionless on the ground to die] his father or his mother shall be put to death.

16 “Whoever steals [same word as the eighth commandment/kidnaps] a man and sells him, and anyone found in possession of him, shall be put to death. [This describes Western slavery, which was essentially kidnapping.]

17 “Whoever curses his father or his mother shall be put to death. [This most likely envisages a child speaking an oath in God’s name never again to support his parents and care for them in their old age as was the expected duty of children in the covenant community. It is a declaration of wanting one’s parents out of the way so they are no longer one’s responsibility.]

18 “When men quarrel [a mutual fight] and one strikes the other with a stone or with his fist and the man does not die but takes to his bed, 19 then if the man rises again and walks outdoors with his staff, he who struck him shall be clear; only he shall pay for the loss of his time, and shall have him thoroughly healed. [There is no additional award for pain and suffering, only lost wages. Those who mutually agree to fight take the risk of injury.]

20 “When a man strikes his slave, male or female, with a rod [corporal punishment from slapping to caning] and the slave dies under his hand, he shall be avenged. [If the servant dies, it is murder.] 21 But if the slave survives a day or two, he is not to be avenged, for the slave is his money. [The previous law of lost wages does not apply in this case if the slave recovers quickly.]

22 “When men strive together and hit a pregnant woman, so that her children come out, but there is no harm, the one who hit her shall surely be fined, as the woman's husband shall impose on him, and he shall pay as the judges determine. [These laws are in place to guide judges who will determine the real fines or settlements.] 23 But if there is harm, then you shall pay life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, stripe for stripe. [This describes Talion Law. Its goal is that the penalty should fit the crime. It also protected the poor from rich people who could simply buy their way out of crimes. Expressions like “eye for eye” meant a penalty that hurts the person who ruined someone else’s eye as much as he would be hurt if his own eye were actually ruined. Someone who permanently injured another person ought to be fully punished in a way that really hurt. The person who caused the injury could not merrily continue on simply a bit less wealthy.]

26 “When a man strikes the eye of his slave, male or female, and destroys it, he shall let the slave go free because of his eye. 27 If he knocks out the tooth of his slave, male or female, he shall let the slave go free because of his tooth. [This law illustrates how talion worked and also demonstrates that the contract with a servant is not absolute. Again, this stands in sharp contrast to slavery in other parts of the world.]

28 “When an ox gores a man or a woman to death, the ox shall be stoned, and its flesh shall not be eaten, but the owner of the ox shall not be liable. 29 But if the ox has been accustomed to gore in the past, and its owner has been warned but has not kept it in, and it kills a man or a woman, the ox shall be stoned, and its owner also shall be put to death. [People are responsible for the animals they own, especially if its destructive behavior is known beforehand.] 30 If a ransom [not a fine] is imposed on him, then he shall give for the redemption of his life whatever is imposed on him. [This law gives leeway to a judge in complicated cases.] 31 If it gores a man's son or daughter, he shall be dealt with according to this same rule. [A child’s life is worth the same as an adult’s.] 32 If the ox gores a slave, male or female, the owner shall give to their master thirty shekels of silver, and the ox shall be stoned. [A slave who is gored in this instance is presumably doing what the master had commanded him to do. Therefore, the master is not held liable but the owner of the ox is. The penalty of 30 shekels is high.]