Exodus 21:20-21 - Exposition

Homicide of slaves . In most ancient states the slave was the absolute property of his master, and might be ill-used to any extent, even killed, without the law in any way interfering. It is said that the state of things was different in Egypt (Kalisch); but we have scarcely sufficient evidence on the point to be certain that the slave enjoyed there any real and efficient protection. At Athens, beyond a doubt, the law protected the life of the slave; and a very moderate amount of ill-treatment entitled a slave to bring an action. At Rome, on the contrary, "the master could treat the slave as he pleased, could sell him, punish him, and put him to death". And this was the ordinary state of the law, particularly in Oriental countries. The Mosaic legislation must be regarded as having greatly ameliorated the condition of the native slave population. Hebrew bondmen it placed nearly upon a par with hired servants (Le Exodus 25:40 ); foreign slaves, whether prisoners taken in war, or persons bought in the market, it protected to a very great extent. By the law given in Exodus 21:26 , Exodus 21:27 , it largely controlled the brutality of masters, who had to emancipate their slaves if they did them any serious injury. By the law laid down in Exodus 21:20 , it gave their lives the same protection, or nearly the same, as the lives of freemen. "Smiting "was allowed as a discipline, without which slavery cannot exist; but such smiting as resulted in death was, as a general rule, punishable like any other homicide. The only exception was, if the slave did not die for some days ( Exodus 21:21 ). In that case the master was considered not to have intended the slave' s death, and to be sufficiently punished by the loss of his property.