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Moses · Traditional Attribution

Exodus · Chapter 21שְׁמוֹת

Laws governing servants, violence, property damage, and social responsibility

God establishes civil law for His covenant people. Having given Israel the Ten Commandments, the Lord now provides detailed case laws that apply His moral standards to everyday situations. These judgments address slavery, personal injury, property rights, and restitution, revealing both God's justice and His concern for the vulnerable. The laws demonstrate how a holy people should order their common life under divine authority.

Exodus 21:1-11

Laws Concerning Hebrew Servants

1"Now these are the judgments which you shall set before them: 2If you buy a Hebrew slave, he shall serve for six years; but on the seventh he shall go out as a free man without payment. 3If he comes alone, he shall go out alone; if he is the husband of a wife, then his wife shall go out with him. 4If his master gives him a wife, and she bears him sons or daughters, the wife and her children shall belong to her master, and he shall go out alone. 5But if the slave plainly says, 'I love my master, my wife and my children; I will not go out as a free man,' 6then his master shall bring him to God, then he shall bring him to the door or the doorpost. And his master shall pierce his ear with an awl; and he shall serve him permanently. 7And if a man sells his daughter as a female slave, she is not to go out as the male slaves do. 8If she is displeasing in the eyes of her master who designated her for himself, then he shall let her be redeemed. He does not have authority to sell her to a foreign people because of his unfairness to her. 9And if he designates her for his son, he shall deal with her according to the custom of daughters. 10If he takes to himself another woman, he may not reduce her food, her clothing, or her conjugal rights. 11And if he will not do these three things for her, then she shall go out for nothing, without payment of money.
1וְאֵ֙לֶּה֙ הַמִּשְׁפָּטִ֔ים אֲשֶׁ֥ר תָּשִׂ֖ים לִפְנֵיהֶֽם׃ 2כִּ֤י תִקְנֶה֙ עֶ֣בֶד עִבְרִ֔י שֵׁ֥שׁ שָׁנִ֖ים יַעֲבֹ֑ד וּבַ֨שְּׁבִעִ֔ת יֵצֵ֥א לַֽחָפְשִׁ֖י חִנָּֽם׃ 3אִם־בְּגַפּ֥וֹ יָבֹ֖א בְּגַפּ֣וֹ יֵצֵ֑א אִם־בַּ֤עַל אִשָּׁה֙ ה֔וּא וְיָצְאָ֥ה אִשְׁתּ֖וֹ עִמּֽוֹ׃ 4אִם־אֲדֹנָיו֙ יִתֶּן־ל֣וֹ אִשָּׁ֔ה וְיָלְדָה־ל֥וֹ בָנִ֖ים א֣וֹ בָנ֑וֹת הָאִשָּׁ֣ה וִילָדֶ֗יהָ תִּהְיֶה֙ לַֽאדֹנֶ֔יהָ וְה֖וּא יֵצֵ֥א בְגַפּֽוֹ׃ 5וְאִם־אָמֹ֤ר יֹאמַר֙ הָעֶ֔בֶד אָהַ֙בְתִּי֙ אֶת־אֲדֹנִ֔י אֶת־אִשְׁתִּ֖י וְאֶת־בָּנָ֑י לֹ֥א אֵצֵ֖א חָפְשִֽׁי׃ 6וְהִגִּישׁ֤וֹ אֲדֹנָיו֙ אֶל־הָ֣אֱלֹהִ֔ים וְהִגִּישׁוֹ֙ אֶל־הַדֶּ֔לֶת א֖וֹ אֶל־הַמְּזוּזָ֑ה וְרָצַ֨ע אֲדֹנָ֤יו אֶת־אָזְנוֹ֙ בַּמַּרְצֵ֔עַ וַעֲבָד֖וֹ לְעֹלָֽם׃ 7וְכִֽי־יִמְכֹּ֥ר אִ֛ישׁ אֶת־בִּתּ֖וֹ לְאָמָ֑ה לֹ֥א תֵצֵ֖א כְּצֵ֥את הָעֲבָדִֽים׃ 8אִם־רָעָ֞ה בְּעֵינֵ֧י אֲדֹנֶ֛יהָ אֲשֶׁר־לֹ֥א יְעָדָ֖הּ וְהֶפְדָּ֑הּ לְעַ֥ם נָכְרִ֛י לֹא־יִמְשֹׁ֥ל לְמָכְרָ֖הּ בְּבִגְדוֹ־בָֽהּ׃ 9וְאִם־לִבְנ֖וֹ יִֽיעָדֶ֑נָּה כְּמִשְׁפַּ֥ט הַבָּנ֖וֹת יַעֲשֶׂה־לָּֽהּ׃ 10אִם־אַחֶ֖רֶת יִֽקַּֽח־ל֑וֹ שְׁאֵרָ֛הּ כְּסוּתָ֥הּ וְעֹנָתָ֖הּ לֹ֥א יִגְרָֽע׃ 11וְאִם־שְׁלָ֨שׁ־אֵ֔לֶּה לֹ֥א יַעֲשֶׂ֖ה לָ֑הּ וְיָצְאָ֥ה חִנָּ֖ם אֵ֥ין כָּֽסֶף׃
1weʾelleh hammišpaṭim ʾašer taśim lipnehem. 2ki tiqneh ʿebed ʿibri šeš šanim yaʿaboḏ ubaššebiʿiṯ yeṣeʾ laḥopši ḥinnam. 3ʾim-begappo yaboʾ begappo yeṣeʾ ʾim-baʿal ʾiššah huʾ weyaṣʾah ʾištto ʿimmo. 4ʾim-ʾaḏonayw yitten-lo ʾiššah weyaleḏah-lo banim ʾo banoṯ haʾiššah wilaḏeha tihyeh laʾḏoneha wehuʾ yeṣeʾ begappo. 5weʾim-ʾamor yoʾmar haʿebeḏ ʾahabti ʾeṯ-ʾaḏoni ʾeṯ-ʾišti weʾeṯ-banay loʾ ʾeṣeʾ ḥopši. 6wehiggišo ʾaḏonayw ʾel-haʾelohim wehiggišo ʾel-hadeleṯ ʾo ʾel-hammezuzah weraṣaʿ ʾaḏonayw ʾeṯ-ʾozno bammarṣeaʿ waʿabaḏo leʿolam. 7weḵi-yimkor ʾiš ʾeṯ-bitto leʾamah loʾ ṯeṣeʾ keṣeʾṯ haʿabaḏim. 8ʾim-raʿah beʿene ʾaḏoneha ʾašer-loʾ yeʿaḏah wehepḏah leʿam noḵri loʾ-yimšol lemoḵrah bebiḡḏo-bah. 9weʾim-libno yiʿaḏennah kemišpaṭ habbanoṯ yaʿaśeh-lah. 10ʾim-ʾaḥereṯ yiqqaḥ-lo šeʾerah kesuṯah weʿonaṯah loʾ yiḡraʿ. 11weʾim-šeloš-ʾelleh loʾ yaʿaśeh lah weyaṣʾah ḥinnam ʾen kasep.
מִשְׁפָּטִים mišpaṭim judgments / ordinances
Plural of mišpaṭ, from the root šapaṭ ("to judge, govern"). This term denotes legal rulings or case laws that apply covenant principles to concrete situations. Unlike the apodictic commands of the Decalogue, these mišpaṭim are casuistic—"if this, then that"—reflecting ancient Near Eastern legal formulation. The term carries both judicial and administrative force, establishing Yahweh as the ultimate legislator whose justice governs every dimension of Israelite society. In the prophets, mišpaṭ becomes shorthand for the entire ethical demand of covenant faithfulness.
עֶבֶד ʿebeḏ slave / servant
From the root ʿabaḏ ("to work, serve"). This noun describes one bound to labor for another, encompassing a spectrum from chattel slavery to voluntary service. In Israel's law, the ʿebeḏ ʿibri (Hebrew slave) occupied a protected category, distinct from foreign slaves, with mandatory manumission in the seventh year. The term's theological weight is immense: Israel herself was Yahweh's ʿebeḏ, redeemed from Egyptian bondage to serve the true Master. The New Testament doulos echoes this covenantal servitude, particularly in Paul's self-designation as "slave of Christ."
חָפְשִׁי ḥopši free / liberated
An adjective denoting freedom from obligation or bondage, possibly related to an Akkadian cognate meaning "to break off." The term appears primarily in manumission contexts, marking the transition from servitude to autonomy. The seventh-year release (ḥinnam, "without payment") underscores that freedom is a gift, not a purchase—a theological echo of Israel's own exodus. The Jubilee legislation in Leviticus 25 extends this principle, grounding economic liberation in Yahweh's ownership of both land and people. Freedom in Israel is never absolute autonomy but reorientation toward covenant service.
אָהַבְתִּי ʾahabti I love / I have affection for
First-person perfect of ʾahab, the primary Hebrew verb for love, encompassing loyalty, affection, and covenant commitment. The slave's declaration "I love my master" (v. 5) is remarkable: it transforms economic bondage into voluntary devotion. This verb appears in the Shema (Deut 6:5) as the total response Yahweh demands from Israel. The ear-piercing ritual that follows makes visible an invisible reality—love that chooses permanence over freedom. The New Testament will radicalize this: the disciple who loses his life for Christ's sake finds it (Matt 10:39).
מַרְצֵעַ marṣeaʿ awl / piercing tool
A sharp implement used to bore through the ear lobe, creating a permanent mark of servitude. The root raṣaʿ means "to pierce, bore through." This physical sign transforms the body into a covenant document, visible testimony to a binding oath. The ritual occurs "at the door or doorpost" (mezuzah), the liminal space marking household boundaries—the slave is literally inscribed into the master's house. Psalm 40:6 alludes to this imagery ("You have dug out ears for me"), which Hebrews 10:5 reinterprets christologically as the incarnate Son's obedience.
יְעָדָהּ yeʿaḏah designate her / betroth her
From the root yaʿaḏ, meaning "to appoint, designate for a purpose." In verses 8-9, this verb governs the female slave's legal status, indicating either betrothal to the master or assignment to his son. The term implies intentionality and covenant obligation—she is not mere property but a person with designated relational standing. Failure to fulfill this designation (v. 8) constitutes "unfairness" (beḡeḏ, "treachery"), language typically reserved for covenant violation. The law thus hedges female vulnerability with enforceable obligations, anticipating the New Testament's radical "neither male nor female" in Christ (Gal 3:28).
עֹנָה ʿonah conjugal rights / marital duty
A rare noun, appearing only here, denoting the sexual and relational obligations within marriage. The root ʿanah can mean "to answer, respond," suggesting mutuality. Verse 10 lists three non-negotiable provisions—food (šeʾer), clothing (kesut), and conjugal rights—establishing that marriage creates inviolable duties even when the husband takes another wife. This triad protects the woman from neglect or exploitation. The law's insistence that these "three things" cannot be reduced reveals a covenantal anthropology: persons are not fungible, and obligations once assumed cannot be unilaterally withdrawn.

The opening formula "Now these are the judgments" (weʾelleh hammišpaṭim) signals a transition from the apodictic Decalogue to casuistic case law. The demonstrative "these" (ʾelleh) creates continuity with the preceding covenant code, yet the shift to conditional "if-then" structures marks a new literary mode. The verb "you shall set before them" (taśim lipnehem) casts Moses as mediator who arranges (śim, "to place, set") legal precedents before the people's eyes—a visual metaphor for transparent jurisprudence. The plural "them" anticipates a community that will adjudicate these cases, not merely memorize commands.

The Hebrew slave legislation (vv. 2-6) is structured around temporal and relational categories. The six-year term echoes creation's six days of labor before Sabbath rest, embedding economic law within cosmic rhythm. The threefold repetition of "alone" (begappo, literally "by his body") in verses 3-4 establishes the principle that a man's marital status at entry determines his exit condition—the law refuses to profit from family formation during servitude. The dramatic center is verse 5, where the slave's direct speech ("I love my master, my wife, and my children") interrupts legal prose with personal voice, transforming statute into story.

The ear-piercing ritual (v. 6) is dense with symbolic geography. The slave is brought "to God" (ʾel-haʾelohim), a phrase that may indicate judges acting in God's stead or a sanctuary setting where Yahweh witnesses the oath. The "door or doorpost" (delet ʾo mezuzah) locates the ritual at the household threshold, the very place where Passover blood marked Israel's liberation (Exod 12:7). The irony is profound: at the site commemorating freedom from Egypt, a man chooses permanent servitude. The verb "pierce" (raṣaʿ) is violent, yet the violence is consensual—love inscribed in flesh.

The female slave laws (vv. 7-11) introduce asymmetry: "she is not to go out as the male slaves do" (loʾ ṯeṣeʾ keṣeʾṯ haʿabaḏim). This is not inequality but recognition of different vulnerabilities. The conditional clauses in verses 8-10 stack protections: if the master fails to marry her, redemption is mandated; if he assigns her to his son, she receives daughter-status; if he takes another wife, her three rights remain inviolable. The climactic "if he will not do these three things" (v. 11) triggers automatic manumission "without payment" (ḥinnam ʾen kasep)—the law weaponizes freedom against exploitation. The grammar of obligation becomes the grammar of liberation.

Love that chooses bondage over freedom is the paradox at the heart of covenant. The slave who says "I will not go out" (v. 5) prefigures the disciple who loses life to find it, the Son who empties himself to serve. True freedom is not the absence of obligation but the presence of a Master worth serving forever.

Deuteronomy 15:12-18; Leviticus 25:39-55; Jeremiah 34:8-22; Psalm 40:6-8

The Hebrew slave laws appear in three major contexts—Exodus 21, Deuteronomy 15, and Leviticus 25—each adding theological depth. Deuteronomy 15:12-18 expands Exodus by commanding generous provision at release ("you shall furnish him liberally") and grounding the law in Israel's own slavery: "You shall remember that you were a slave in the land of Egypt." Leviticus 25 radicalizes the principle further, forbidding Israelites to "rule over one another with severity" because "they are My slaves whom I brought out from the land of Egypt" (Lev 25:42). Yahweh's prior claim relativizes all human ownership.

Jeremiah 34:8-22 reveals the explosive power of these laws when violated. King Zedekiah proclaimed liberty (deror) for Hebrew

Exodus 21:12-17

Capital Offenses Against Persons

12"He who strikes a man so that he dies shall surely be put to death. 13But if he did not lie in wait for him, but God let him fall into his hand, then I will appoint you a place to which he may flee. 14If, however, a man acts presumptuously toward his neighbor, so as to kill him craftily, you are to take him even from My altar, that he may die. 15"He who strikes his father or his mother shall surely be put to death. 16"He who kidnaps a man, whether he sells him or he is found in his possession, shall surely be put to death. 17"He who curses his father or his mother shall surely be put to death.
12מַכֵּ֥ה אִ֛ישׁ וָמֵ֖ת מ֥וֹת יוּמָֽת׃ 13וַאֲשֶׁר֙ לֹ֣א צָדָ֔ה וְהָאֱלֹהִ֖ים אִנָּ֣ה לְיָד֑וֹ וְשַׂמְתִּ֤י לְךָ֙ מָק֔וֹם אֲשֶׁ֥ר יָנ֖וּס שָֽׁמָּה׃ 14וְכִֽי־יָזִ֥ד אִ֛ישׁ עַל־רֵעֵ֖הוּ לְהָרְג֣וֹ בְעָרְמָ֑ה מֵעִ֣ם מִזְבְּחִ֔י תִּקָּחֶ֖נּוּ לָמֽוּת׃ 15וּמַכֵּ֥ה אָבִ֛יו וְאִמּ֖וֹ מ֥וֹת יוּמָֽת׃ 16וְגֹנֵ֨ב אִ֧ישׁ וּמְכָר֛וֹ וְנִמְצָ֥א בְיָד֖וֹ מ֥וֹת יוּמָֽת׃ 17וּמְקַלֵּ֥ל אָבִ֛יו וְאִמּ֖וֹ מ֥וֹת יוּמָֽת׃
12makkēh ʾîš wāmēt môt yûmāt. 13waʾăšer lōʾ ṣādâ wəhāʾĕlōhîm ʾinnâ ləyādô wəśamtî ləkā māqôm ʾăšer yānûs šāmmâ. 14wəkî-yāzid ʾîš ʿal-rēʿēhû ləhārəgô bəʿormâ mēʿim mizbəḥî tiqqāḥennû lāmût. 15ûmakkēh ʾābîw wəʾimmô môt yûmāt. 16wəgōnēb ʾîš ûməkārô wənimṣāʾ bəyādô môt yûmāt. 17ûməqallēl ʾābîw wəʾimmô môt yûmāt.
נָכָה nākâ to strike / smite / kill
This verb appears over 500 times in the Hebrew Bible, ranging from physical striking to military defeat to divine judgment. The Hiphil participle מַכֵּה (makkēh) designates the agent who strikes. In covenant contexts, nākâ often describes Yahweh's punitive action against covenant-breakers (Deut 28:22, 27-28). The verb's semantic range encompasses both accidental and intentional violence, requiring legal precision to distinguish culpability. Here it anchors the casuistic structure distinguishing murder from manslaughter, a distinction foundational to biblical jurisprudence and later developed in Numbers 35 and Deuteronomy 19.
צָדָה ṣādâ to lie in wait / ambush
A verb primarily used for hunting or military ambush, ṣādâ denotes premeditated action. The negative construction לֹא צָדָה establishes the criterion for non-culpable homicide: the absence of intent or premeditation. This legal distinction between intentional murder and accidental killing reflects ancient Near Eastern legal sophistication found also in the Code of Hammurabi, yet Israel's law uniquely attributes the "accident" to divine providence—"God let him fall into his hand." The verb thus becomes a hinge between human responsibility and divine sovereignty in the administration of justice.
אָנָה ʾānâ to cause to meet / bring about
This Piel verb (here ʾinnâ) carries the sense of divine orchestration or appointment. Yahweh is the subject: He "caused [the victim] to meet his hand." This theological assertion distinguishes Israelite law from purely secular codes—even unintentional homicide occurs within the sphere of divine governance. The verb appears in contexts of divine leading (Gen 24:12, 27) and suggests that what humans perceive as accident unfolds within providential design. This does not absolve the killer from consequences (he must flee to a city of refuge) but frames the tragedy within covenant theology rather than mere chance.
זִיד zîd to act presumptuously / with arrogance
The verb זוּד in the Hiphil (יָזִד, yāzid) denotes willful, arrogant action—deliberate defiance of boundaries. It appears in contexts of rebellion against Yahweh (Deut 17:12-13) and prideful transgression. The adverbial phrase בְעָרְמָה (bəʿormâ, "with craftiness") intensifies the premeditation: this is not hot-blooded passion but calculated treachery. The combination distinguishes first-degree murder from manslaughter, requiring the death penalty even if the perpetrator seeks asylum at Yahweh's altar. The verb underscores moral culpability rooted in the heart's intent, a principle Jesus later radicalizes in Matthew 5:21-22.
גָּנַב gānab to steal / kidnap
While gānab typically means "to steal," in contexts involving persons it denotes kidnapping or man-stealing. The Decalogue's "You shall not steal" (Exod 20:15) may primarily prohibit kidnapping, given the death penalty here and the placement among capital crimes. Ancient Near Eastern slave trade made kidnapping lucrative; Joseph's brothers effectively kidnapped him (Gen 37:28). The verb's use here protects the image-bearer's fundamental liberty—human trafficking violates the imago Dei more profoundly than property theft. Paul echoes this in 1 Timothy 1:10, listing "kidnappers" (ἀνδραποδισταί) among those opposed to sound doctrine.
קָלַל qālal to curse / treat with contempt / dishonor
The Piel intensive form מְקַלֵּל (məqallēl) means to invoke harm upon or to treat as worthless. More than verbal abuse, qālal denotes covenant curse-language that seeks to nullify blessing and invoke divine judgment. In a culture where parental authority mediated divine authority, cursing parents constituted rebellion against the covenant order itself. The verb stands in antithesis to כָּבֵד (kābēd, "to honor") in the fifth commandment. Jesus confronts Pharisaic evasion of this law in Mark 7:10-13, and Paul reaffirms parental honor in Ephesians 6:1-3, demonstrating the enduring authority of this statute within new covenant ethics.

The passage unfolds as a tightly structured legal code moving from general principle (v. 12) through casuistic refinement (vv. 13-14) to specific applications (vv. 15-17). The opening absolute infinitive construction מוֹת יוּמָת (môt yûmāt, "shall surely be put to death") appears five times, creating a rhythmic drumbeat of capital sanction. This emphatic construction—infinitive absolute followed by finite verb—intensifies the certainty and solemnity of the penalty, leaving no room for judicial discretion in these cases. The repetition binds the passage into a unified whole, marking these as non-negotiable boundaries protecting human life and familial order.

Verses 13-14 introduce a crucial legal distinction through contrastive syntax: וַאֲשֶׁר לֹא צָדָה ("But if he did not lie in wait") versus וְכִי־יָזִד ("If, however, a man acts presumptuously"). The first scenario invokes divine causation—"God let him fall into his hand"—establishing a theology of providence even in tragedy. The second scenario employs the adversative וְכִי to mark escalation: premeditated murder with craftiness (בְעָרְמָה). The altar reference in verse 14 alludes to the ancient practice of seeking asylum at sacred sites (1 Kings 1:50-53; 2:28-34), yet Yahweh's law permits no sanctuary for the calculating murderer. Even sacred space cannot shield presumptuous bloodshed.

Verses 15-17 shift from homicide to offenses against parents and persons, yet maintain the capital sanction formula. The chiastic arrangement—striking parents (v. 15), kidnapping (v. 16), cursing parents (v. 17)—frames the kidnapping statute between two parental honor laws. This structure suggests that violating the fifth commandment and violating human liberty are equally grave assaults on covenant order. The kidnapping law protects the image of God in every person; the parental honor laws protect the mediatorial structure through which covenant blessing flows generationally. Together they form a comprehensive shield around human dignity, familial authority, and social stability.

Yahweh's law distinguishes the hand that strikes in passion from the heart that plots in malice, yet holds both accountable—one to exile, the other to execution. The sanctity of life and the honor due parents are so foundational to covenant community that their violation permits no sanctuary, not even at the altar of God. Justice rooted in divine sovereignty does not eliminate human responsibility but intensifies it, for every act unfolds before the face of the One who sees both deed and intent.

Exodus 21:18-27

Laws of Personal Injury and Restitution

18"And if men have a dispute and one strikes the other with a stone or with his fist, and he does not die but remains in bed, 19if he gets up and walks around outside on his staff, then he who struck him shall go unpunished; he shall only pay for his loss of time and shall take care of him until he is completely healed. 20"And if a man strikes his male or female slave with a rod and he dies at his hand, he shall be avenged. 21If, however, he survives a day or two, no vengeance shall be taken; for he is his property. 22"And if men struggle with each other and strike a woman with child so that she gives birth prematurely, yet there is no injury, he shall surely be fined as the woman's husband may demand of him, and he shall pay as the judges decide. 23But if there is any injury, then you shall appoint as a penalty life for life, 24eye for eye, tooth for tooth, hand for hand, foot for foot, 25burn for burn, wound for wound, bruise for bruise. 26"And if a man strikes the eye of his male or female slave, and destroys it, he shall let him go free on account of his eye. 27And if he knocks out a tooth of his male or female slave, he shall let him go free on account of his tooth.
18וְכִֽי־יְרִיבֻ֣ן אֲנָשִׁ֔ים וְהִכָּה־אִישׁ֙ אֶת־רֵעֵ֔הוּ בְּאֶ֖בֶן א֣וֹ בְאֶגְרֹ֑ף וְלֹ֥א יָמ֖וּת וְנָפַ֥ל לְמִשְׁכָּֽב׃ 19אִם־יָק֞וּם וְהִתְהַלֵּ֥ךְ בַּח֛וּץ עַל־מִשְׁעַנְתּ֖וֹ וְנִקָּ֣ה הַמַּכֶּ֑ה רַ֥ק שִׁבְתּ֛וֹ יִתֵּ֖ן וְרַפֹּ֥א יְרַפֵּֽא׃ 20וְכִֽי־יַכֶּה֩ אִ֨ישׁ אֶת־עַבְדּ֜וֹ א֤וֹ אֶת־אֲמָתוֹ֙ בַּשֵּׁ֔בֶט וּמֵ֖ת תַּ֣חַת יָד֑וֹ נָקֹ֖ם יִנָּקֵֽם׃ 21אַ֥ךְ אִם־י֛וֹם א֥וֹ יוֹמַ֖יִם יַעֲמֹ֑ד לֹ֣א יֻקַּ֔ם כִּ֥י כַסְפּ֖וֹ הֽוּא׃ 22וְכִֽי־יִנָּצ֣וּ אֲנָשִׁ֗ים וְנָ֨גְפ֜וּ אִשָּׁ֤ה הָרָה֙ וְיָצְא֣וּ יְלָדֶ֔יהָ וְלֹ֥א יִהְיֶ֖ה אָס֑וֹן עָנ֣וֹשׁ יֵעָנֵ֗שׁ כַּֽאֲשֶׁ֨ר יָשִׁ֤ית עָלָיו֙ בַּ֣עַל הָֽאִשָּׁ֔ה וְנָתַ֖ן בִּפְלִלִֽים׃ 23וְאִם־אָס֖וֹן יִהְיֶ֑ה וְנָתַתָּ֥ה נֶ֖פֶשׁ תַּ֥חַת נָֽפֶשׁ׃ 24עַ֚יִן תַּ֣חַת עַ֔יִן שֵׁ֖ן תַּ֣חַת שֵׁ֑ן יָ֚ד תַּ֣חַת יָ֔ד רֶ֖גֶל תַּ֥חַת רָֽגֶל׃ 25כְּוִיָּה֙ תַּ֣חַת כְּוִיָּ֔ה פֶּ֖צַע תַּ֣חַת פָּ֑צַע חַבּוּרָ֕ה תַּ֖חַת חַבּוּרָֽה׃ 26וְכִֽי־יַכֶּ֨ה אִ֜ישׁ אֶת־עֵ֥ין עַבְדּ֛וֹ אֽוֹ־אֶת־עֵ֥ין אֲמָת֖וֹ וְשִֽׁחֲתָ֑הּ לַֽחָפְשִׁ֥י יְשַׁלְּחֶ֖נּוּ תַּ֥חַת עֵינֽוֹ׃ 27וְאִם־שֵׁ֥ן עַבְדּ֛וֹ אֽוֹ־שֵׁ֥ן אֲמָת֖וֹ יַפִּ֑יל לַֽחָפְשִׁ֥י יְשַׁלְּחֶ֖נּוּ תַּ֥חַת שִׁנּֽוֹ׃
18wəḵî-yərîḇun ʾănāšîm wəhikkâ-ʾîš ʾeṯ-rēʿēhû bəʾeḇen ʾô ḇəʾeḡrōp̄ wəlōʾ yāmûṯ wənāp̄al ləmiškaḇ. 19ʾim-yāqûm wəhiṯhallēḵ baḥûṣ ʿal-mišʿantô wəniqqâ hammakkê raq šiḇtô yittēn wərappōʾ yərappēʾ. 20wəḵî-yakkê ʾîš ʾeṯ-ʿaḇdô ʾô ʾeṯ-ʾămāṯô baššēḇeṭ ûmēṯ taḥaṯ yādô nāqōm yinnāqēm. 21ʾaḵ ʾim-yôm ʾô yômayim yaʿămōḏ lōʾ yuqqam kî ḵaspô hûʾ. 22wəḵî-yinnāṣû ʾănāšîm wənāḡəp̄û ʾiššâ hārâ wəyāṣəʾû yəlāḏeyhā wəlōʾ yihyê ʾāsôn ʿānôš yēʿānēš kaʾăšer yāšîṯ ʿālāyw baʿal hāʾiššâ wənāṯan bip̄əlilîm. 23wəʾim-ʾāsôn yihyê wənāṯattâ nep̄eš taḥaṯ nāp̄eš. 24ʿayin taḥaṯ ʿayin šēn taḥaṯ šēn yāḏ taḥaṯ yāḏ reḡel taḥaṯ rāḡel. 25kəwiyyâ taḥaṯ kəwiyyâ peṣaʿ taḥaṯ pāṣaʿ ḥabbûrâ taḥaṯ ḥabbûrâ. 26wəḵî-yakkê ʾîš ʾeṯ-ʿên ʿaḇdô ʾô-ʾeṯ-ʿên ʾămāṯô wəšiḥăṯāh laḥop̄šî yəšallĕḥennû taḥaṯ ʿênô. 27wəʾim-šēn ʿaḇdô ʾô-šēn ʾămāṯô yappîl laḥop̄šî yəšallĕḥennû taḥaṯ šinnô.
עֶבֶד ʿeḇeḏ slave / servant / bondservant
The Hebrew ʿeḇeḏ denotes one in a state of servitude, ranging from chattel slavery to indentured service to voluntary household attachment. The root ʿ-b-d carries the semantic field of "work" and "service," appearing over 800 times in the OT. In the covenant context, Israel corporately is called Yahweh's ʿeḇeḏ (Lev 25:42, 55), establishing a theological paradox: those who belong to God cannot ultimately belong to another human master. The term's elasticity encompasses both the harsh realities of ancient Near Eastern slavery and the dignity of service rendered to Yahweh. The LSB's consistent rendering "slave" preserves the legal and social force of the term, refusing to soften its edge with euphemism while also recognizing the covenantal protections afforded even to those in bondage.
נָקַם nāqam to avenge / to take vengeance / to punish
The verb nāqam appears in the niphal and hophal stems in verses 20-21, denoting judicial retribution or the exacting of penalty for wrongdoing. The root conveys not personal revenge but covenant justice—Yahweh Himself is frequently the subject of nāqam, vindicating His holiness and His people (Deut 32:35, 43). In verse 20, the passive construction "he shall be avenged" (nāqōm yinnāqēm, an infinitive absolute intensifying the finite verb) indicates that the community or its representatives must exact justice for the slave's death. The withholding of vengeance in verse 21 when the slave survives a day or two reflects the legal presumption that death was not the master's intent. This verb thus encodes a theology of proportionate justice administered by the covenant community under divine mandate.
תַּחַת taḥaṯ in place of / instead of / under
The preposition taḥaṯ governs the entire lex talionis formula in verses 23-25, establishing the principle of exact equivalence: "life in place of life, eye in place of eye." Derived from a root meaning "beneath" or "under," taḥaṯ here functions to denote substitution or correspondence. This is not primitive vengeance but calibrated justice—the punishment must fit the crime precisely, neither exceeding it (which would be cruelty) nor falling short (which would be injustice). The fivefold repetition of taḥaṯ in verses 24-25 creates a rhythmic legal cadence, embedding the principle of proportionality deep into Israel's juridical consciousness. Jesus' later reinterpretation in Matthew 5:38-42 does not abolish this principle but transcends it in the economy of grace, calling His disciples to absorb injury rather than exact equivalent recompense.
אָסוֹן ʾāsôn harm / injury / disaster
The noun ʾāsôn appears only five times in the Hebrew Bible, four of them in Genesis 42-44 (Jacob's fear of harm befalling Benjamin) and once here in Exodus 21:22-23. Its rarity and semantic range—covering everything from minor injury to fatal harm—make it a flexible legal term. The contrast in verses 22-23 hinges on the presence or absence of ʾāsôn: if the premature birth results in no lasting harm, a fine suffices; if there is harm, the lex talionis applies. The ambiguity of ʾāsôn has fueled centuries of interpretive debate regarding whether the harm refers to the mother, the child, or both, and whether the passage addresses miscarriage or live premature birth. The term's elasticity allows the law to cover a spectrum of outcomes while maintaining the principle that human life—even nascent life—falls under covenant protection.
רָפָא rāp̄āʾ to heal / to restore / to make whole
The verb rāp̄āʾ in verse 19 appears in the piel infinitive absolute (rappōʾ yərappēʾ, "he shall surely heal" or "take care of him until he is completely healed"), intensifying the obligation of the one who struck another. The root r-p-ʾ encompasses physical healing, restoration of relationship, and even spiritual renewal—Yahweh declares "I am Yahweh who heals you" (Exod 15:26). Here the legal context demands that the assailant bear full responsibility not merely for financial restitution but for the victim's complete recovery. This anticipates the Good Samaritan's care (Luke 10:34-35) and ultimately points to the Great Physician who heals not only bodies but souls. The doubling of the verb form underscores that partial or token care is insufficient; covenant justice demands thoroughgoing restoration.
חָפְשִׁי ḥop̄šî free / freed / emancipated
The adjective ḥop̄šî denotes legal freedom, the status of one released from bondage or obligation. In verses 26-27, the term appears in the context of manumission: a slave whose eye or tooth is destroyed by the master "shall go free" (laḥop̄šî yəšallĕḥennû). This represents a radical departure from ancient Near Eastern norms, where slaves were chattel with no legal recourse for bodily harm. The law here establishes that even a slave's physical integrity has value that transcends property rights—permanent injury to even a minor body part (a tooth!) triggers emancipation. The term ḥop̄šî thus encodes a theology of human dignity: all persons, regardless of social status, bear the image of God and possess inviolable worth. This principle finds its ultimate expression in the gospel's proclamation of freedom for captives (Luke 4:18, echoing Isa 61:1).
שֵׁבֶט šēḇeṭ rod / staff / club / tribe
The noun šēḇeṭ carries a dual semantic range: it denotes both an instrument of discipline (rod, staff, club) and a social unit (tribe, clan). In verse 20, it refers to the implement with which a master strikes a slave—a rod substantial enough to cause death. The same word appears in Proverbs as the instrument of parental discipline (Prov 13:24, 23:13-14) and in the Messianic oracle of Genesis 49:10 ("the scepter shall not depart from Judah"). This semantic breadth reflects the ancient world's understanding of authority as both protective and corrective. The law here does not prohibit corporal discipline of slaves but sets a boundary: if the rod causes death, the master faces capital justice. The term thus encodes the tension between legitimate authority and its potential for abuse, a tension resolved only in the Shepherd-King who rules with a rod of iron yet gathers lambs in His arms (Ps 2:9, Isa 40:11).

The legal architecture of verses 18-27 moves from general principles of interpersonal injury (vv. 18-19) through the specific case of slaves (vv. 20-21), to the complex scenario of injury to a pregnant woman (vv. 22-23), culminating in the famous lex talionis formula (vv. 23-25) and its application to slave emancipation (vv. 26-27). The structure is chiastic at the macro level: injury between free persons (vv. 18-19) and injury involving slaves (vv. 20-21, 26-27) frame the central concern for vulnerable life (vv. 22-25). Each case law begins with the conditional particle wəḵî ("and if"), signaling casuistic legal reasoning—the application of covenant principles to concrete situations. The repetition of taḥaṯ ("in place of") seven times in verses 23-25 creates a rhythmic legal incantation, drilling the principle of exact equivalence into the hearer's consciousness.

The lex talionis of verses 23-25 is not a prescription for vigilante justice but a limitation on retaliation and a guide for judicial sentencing. The formula "life for life, eye for eye" establishes proportionality as the governing principle: the punishment must correspond exactly to the injury, neither exceeding it (which would be vengeance) nor falling short (which would trivialize the harm). The escalating specificity—from life to eye to tooth to hand to foot to burn to wound to bruise—moves from the most severe to the least severe injuries, suggesting that even minor harms fall under the covenant's protective canopy. The passive construction "you shall appoint as a penalty" (wənāṯattâ, verse 23) indicates judicial rather than personal action; the community through its judges administers this justice, not the victim.

The slave legislation in verses 20-21 and 26-27 reveals a tension at the heart of Israel's social order. On one hand, slaves are recognized as property ("for he is his property," kî ḵaspô hûʾ, verse 21), a concession to the economic realities of the ancient world. On the other hand, the slave's life is

Exodus 21:28-32

Liability for Damage by Animals

28"And if an ox gores a man or a woman to death, the ox shall surely be stoned and its flesh shall not be eaten; but the owner of the ox shall go unpunished. 29If, however, an ox was previously in the habit of goring and its owner has been warned, yet he does not confine it and it kills a man or a woman, the ox shall be stoned and its owner also shall be put to death. 30If a ransom is laid on him, then he shall give for the redemption of his life whatever is laid on him. 31Whether it gores a son or gores a daughter, it shall be done to him according to this same judgment. 32If the ox gores a male slave or a female slave, the owner shall give his or her master thirty shekels of silver, and the ox shall be stoned.
28וְכִֽי־יִגַּ֨ח שׁ֥וֹר אֶת־אִ֛ישׁ א֥וֹ אֶת־אִשָּׁ֖ה וָמֵ֑ת סָק֨וֹל יִסָּקֵ֜ל הַשּׁ֗וֹר וְלֹ֤א יֵאָכֵל֙ אֶת־בְּשָׂר֔וֹ וּבַ֥עַל הַשּׁ֖וֹר נָקִֽי׃ 29וְאִ֡ם שׁוֹר֩ נַגָּ֨ח ה֜וּא מִתְּמֹ֣ל שִׁלְשֹׁ֗ם וְהוּעַ֤ד בִּבְעָלָיו֙ וְלֹ֣א יִשְׁמְרֶ֔נּוּ וְהֵמִ֥ית אִ֖ישׁ א֣וֹ אִשָּׁ֑ה הַשּׁוֹר֙ יִסָּקֵ֔ל וְגַם־בְּעָלָ֖יו יוּמָֽת׃ 30אִם־כֹּ֖פֶר יוּשַׁ֣ת עָלָ֑יו וְנָתַן֙ פִּדְיֹ֣ן נַפְשׁ֔וֹ כְּכֹ֥ל אֲשֶׁר־יוּשַׁ֖ת עָלָֽיו׃ 31אוֹ־בֵ֥ן יִגָּ֖ח אוֹ־בַ֣ת יִגָּ֑ח כַּמִּשְׁפָּ֥ט הַזֶּ֖ה יֵעָ֥שֶׂה לּֽוֹ׃ 32אִם־עֶ֛בֶד יִגַּ֥ח הַשּׁ֖וֹר א֣וֹ אָמָ֑ה כֶּ֣סֶף ׀ שְׁלֹשִׁ֣ים שְׁקָלִ֗ים יִתֵּן֙ לַֽאדֹנָ֔יו וְהַשּׁ֖וֹר יִסָּקֵֽל׃
28wəḵî-yiggaḥ šôr ʾeṯ-ʾîš ʾô ʾeṯ-ʾiššâ wāmēṯ sāqôl yissāqēl haššôr wəlōʾ yēʾāḵēl ʾeṯ-bəśārô ûḇaʿal haššôr nāqî. 29wəʾim šôr naggāḥ hûʾ mittəmōl šilšōm wəhûʿaḏ biḇəʿālāyw wəlōʾ yišmərennû wəhēmîṯ ʾîš ʾô ʾiššâ haššôr yissāqēl wəḡam-bəʿālāyw yûmāṯ. 30ʾim-kōp̄er yûšaṯ ʿālāyw wənāṯan piḏyōn napšô kəḵōl ʾăšer-yûšaṯ ʿālāyw. 31ʾô-ḇēn yiggāḥ ʾô-ḇaṯ yiggāḥ kammišpāṭ hazzeh yēʿāśeh lô. 32ʾim-ʿeḇeḏ yiggaḥ haššôr ʾô ʾāmâ kesep̄ šəlōšîm šəqālîm yittēn laʾḏōnāyw wəhaššôr yissāqēl.
נָגַח nāḡaḥ to gore / to push with horns
This verb appears primarily in legal contexts concerning animal liability, describing the violent thrusting action of an ox using its horns. The root conveys aggressive, penetrating motion and is used almost exclusively in Exodus 21 to establish case law for dangerous animals. The participial form naggāḥ in verse 29 ("in the habit of goring") creates a legal category of the known dangerous animal, establishing precedent for negligence. This verb's specificity demonstrates the concrete, practical nature of covenant law—addressing real-world agricultural hazards with theological seriousness about the sanctity of human life.
סָקַל sāqal to stone / to execute by stoning
The intensive Qal form sāqôl yissāqēl ("shall surely be stoned") employs the infinitive absolute construction to emphasize the certainty and severity of the penalty. Stoning was the community's method of capital punishment, requiring corporate participation and thus distributing responsibility for the execution. The ox itself bears guilt in this legal framework—not moral culpability, but a kind of ritual contamination that makes its flesh unfit for consumption. The verb appears throughout the Torah for both human and animal executions, underscoring that bloodguilt pollutes the land and must be purged. The stoning of the ox removes the defilement while also serving as a powerful economic deterrent to negligent ownership.
בַּעַל baʿal owner / master / possessor
This common noun denotes ownership, mastery, or lordship over property, animals, or persons. In verse 28 the baʿal haššôr is initially declared nāqî (innocent) when the goring is unforeseeable, but verse 29 reverses this immunity when prior warning establishes negligence. The term carries covenantal weight—ownership entails responsibility, and dominion over creation (Genesis 1:28) includes accountability for harm caused by one's possessions. The same root appears in the name of the Canaanite deity Baal, making its use here a subtle polemic: true lordship belongs to Yahweh, and human "mastery" is always derivative and accountable. The baʿal must answer for what he controls.
כֹּפֶר kōp̄er ransom / redemption price / atonement
This crucial term denotes a substitutionary payment that covers or atones for guilt, derived from the root kāp̄ar ("to cover, atone"). In verse 30, the kōp̄er allows the negligent owner to redeem his life (piḏyōn napšô) through monetary compensation rather than execution. This legal provision introduces flexibility into the lex talionis framework, permitting the victim's family to accept financial restitution. The theological resonance is profound: kōp̄er appears in contexts of atonement throughout the Torah, pointing toward the principle that life can be ransomed through an acceptable substitute. The concept anticipates the New Testament's ransom theology (lytron in Mark 10:45), where Christ's life becomes the ultimate kōp̄er for humanity.
עֶבֶד ʿeḇeḏ slave / servant / bondservant
This noun designates one in servitude, whether voluntary debt-slavery within Israel or permanent foreign slavery. Verse 32 establishes that a slave's life is valued at thirty shekels of silver—a fixed compensation that differs from the negotiable ransom for a free person. This amount becomes tragically prophetic: Zechariah 11:12-13 records thirty shekels as the prophet's insulting wage, and Matthew 26:15 identifies it as Judas's price for betraying Jesus. The LSB consistently renders ʿeḇeḏ as "slave" rather than softening it to "servant," preserving the stark reality of the institution while also maintaining the term's theological use for voluntary service to Yahweh. The fixed valuation in Exodus 21:32 reveals both the legal protection afforded to slaves (the ox is still stoned; the owner still pays) and the diminished status compared to free persons.
שֶׁקֶל šeqel shekel / unit of weight and currency
The shekel was the standard unit of weight in ancient Israel, approximately 11.4 grams, used for both precious metals and commercial transactions. The thirty shekels specified in verse 32 represented a substantial but not extraordinary sum—roughly four months' wages for a laborer. The term derives from the root šāqal ("to weigh"), reflecting an economy where value was determined by weighing metal rather than counting coins. The shekel's appearance here in a legal context establishes standardized compensation, preventing arbitrary assessments and ensuring equal justice. The specific amount of thirty shekels becomes a haunting biblical motif, reappearing in contexts of betrayal and undervaluation, ultimately fulfilled in the price paid for the Son of God.
נָקִי nāqî innocent / free from guilt / unpunished
This adjective describes one who is clean, guiltless, or exempt from penalty. In verse 28, the owner is declared nāqî when the ox's violence was unforeseeable—establishing the principle that liability requires either intent or negligence. The term appears throughout biblical law and wisdom literature to denote moral and legal innocence. The contrast between verse 28 (nāqî) and verse 29 (yûmāṯ, "shall be put to death") hinges entirely on prior knowledge: once warned, the owner can no longer claim innocence. This legal distinction anticipates the biblical theology of accountability—ignorance may excuse, but willful negligence after warning brings full culpability. The concept resonates with Ezekiel's watchman theology (Ezekiel 33), where warning creates responsibility.

The passage unfolds as a tightly structured case-law sequence, moving from the simplest scenario (unforeseeable ox goring, v. 28) through escalating complexity to the special case of slave victims (v. 32). The syntax employs the characteristic casuistic formula: wəḵî ("and if") introduces the protasis, followed by the apodosis stating the legal consequence. Verse 28's double emphasis—sāqôl yissāqēl (infinitive absolute + imperfect)—hammers home the certainty of the ox's execution, while the contrastive waw in ûḇaʿal ("but the owner") pivots to declare his innocence. This grammatical structure creates a legal baseline: without foreknowledge, ownership alone does not constitute guilt.

Verse 29 dramatically reverses this verdict through a temporal clause: šôr naggāḥ hûʾ mittəmōl šilšōm ("an ox in the habit of goring from yesterday and the day before"). The participial naggāḥ establishes habitual action, while the idiomatic time phrase mittəmōl šilšōm indicates established pattern. The perfect wəhûʿaḏ ("and he has been warned") is the hinge—once testimony establishes the owner's knowledge, his failure to confine (wəlōʾ yišmərennû) transforms him from innocent party to criminal accomplice. The verdict now includes wəḡam-bəʿālāyw yûmāṯ ("and also its owner shall be put to death"), the gam particle adding the owner to the ox's capital sentence. The legal logic is inexorable: knowledge creates duty; neglect of duty equals guilt.

Verses 30-31 introduce flexibility through the conditional ʾim-kōp̄er yûšaṯ ʿālāyw ("if a ransom is laid upon him"). The passive verb yûšaṯ suggests that the victim's family, not the court, determines whether to accept monetary compensation. The phrase piḏyōn napšô ("redemption of his life") employs vocabulary that will echo throughout Israel's sacrificial system—the owner's life is forfeit but may be ransomed. Verse 31's summary statement (kammišpāṭ hazzeh, "according to this same judgment") extends the principle to child victims, ensuring that age does not diminish the severity of negligent homicide. The repetition of yiggāḥ (whether son or daughter) maintains the goring verb as the legal anchor.

Verse 32 concludes with a special provision for slave victims, introduced by the same conditional ʾim but yielding a fixed rather than negotiable penalty. The juxtaposition of ʿeḇeḏ and ʾāmâ (male and female slave) ensures gender parity within the slave category, while the specific sum—šəlōšîm šəqālîm—removes discretion. The verse ends by circling back to the ox's execution (wəhaššôr yissāqēl), maintaining the principle that the animal itself bears bloodguilt regardless of the victim's social status. This grammatical inclusio (stoning in both v. 28 and v. 32) frames the entire unit, while the varying penalties for owners trace a spectrum of culpability based on knowledge and the victim's legal standing.

Liability follows knowledge: the moment warning is given, innocence ends and stewardship begins. God's law refuses to let ownership become an escape from responsibility—what we possess, we must govern, or we share in the guilt of its violence. The thirty shekels for a slave's life will haunt redemptive history until the true Innocent is sold for the same price.

"slave" for עֶבֶד (ʿeḇeḏ)—The LSB preserves the stark reality of the institution in verse 32 rather than softening to "servant." This choice maintains both the historical accuracy of ancient Near Eastern social structures and the theological force of the term when applied to voluntary service to Yahweh. The fixed compensation of thirty shekels for a slave's life, while providing legal protection, also reveals the diminished status compared to free persons whose ransom was negotiable. This rendering allows the prophetic resonance with Zechariah 11:12-13 and Matthew 26:15 to remain vivid—the price of a slave becomes the price of betrayal, and ultimately the price paid for the Son of God.

Exodus 21:33-36

Liability for Negligence and Property Damage

33"And if a man opens a pit, or if a man digs a pit and does not cover it over, and an ox or a donkey falls into it, 34the owner of the pit shall make restitution; he shall give money to its owner, and the dead animal shall become his. 35"And if one man's ox hurts another's so that it dies, then they shall sell the live ox and divide its price equally; and also they shall divide the dead ox. 36Or if it is known that the ox was wont to gore in time past, yet its owner has not kept it in, he shall surely make restitution, ox for ox, and the dead animal shall become his.
33וְכִֽי־יִפְתַּ֨ח אִ֜ישׁ בּ֗וֹר א֠וֹ כִּֽי־יִכְרֶ֥ה אִ֛ישׁ בֹּ֖ר וְלֹ֣א יְכַסֶּ֑נּוּ וְנָֽפַל־שָׁ֥מָּה שּׁ֖וֹר א֥וֹ חֲמֽוֹר׃ 34בַּ֤עַל הַבּוֹר֙ יְשַׁלֵּ֔ם כֶּ֖סֶף יָשִׁ֣יב לִבְעָלָ֑יו וְהַמֵּ֖ת יִֽהְיֶה־לּֽוֹ׃ 35וְכִֽי־יִגֹּ֧ף שֽׁוֹר־אִ֛ישׁ אֶת־שׁ֥וֹר רֵעֵ֖הוּ וָמֵ֑ת וּמָ֨כְר֜וּ אֶת־הַשּׁ֤וֹר הַחַי֙ וְחָצ֣וּ אֶת־כַּסְפּ֔וֹ וְגַ֥ם אֶת־הַמֵּ֖ת יֶֽחֱצֽוּן׃ 36א֣וֹ נוֹדַ֗ע כִּ֠י שׁ֣וֹר נַגָּ֥ח הוּא֙ מִתְּמ֣וֹל שִׁלְשֹׁ֔ם וְלֹ֥א יִשְׁמְרֶ֖נּוּ בְּעָלָ֑יו שַׁלֵּ֨ם יְשַׁלֵּ֥ם שׁוֹר֙ תַּ֣חַת הַשּׁ֔וֹר וְהַמֵּ֖ת יִֽהְיֶה־לּֽוֹ׃
33wᵉkî-yiptaḥ ʾîš bôr ʾô kî-yikreh ʾîš bōr wᵉlōʾ yᵉkassennû wᵉnāpal-šāmmâ šôr ʾô ḥᵃmôr. 34baʿal habbôr yᵉšallēm kesep yāšîb liḇʿālāyw wᵉhammēt yihyeh-llô. 35wᵉkî-yiggōp šôr-ʾîš ʾet-šôr rēʿēhû wāmēt ûmāḵᵉrû ʾet-haššôr haḥay wᵉḥāṣû ʾet-kaspô wᵉḡam ʾet-hammēt yeḥᵉṣûn. 36ʾô nôdaʿ kî šôr naggāḥ hûʾ mittᵉmôl šilšōm wᵉlōʾ yišmᵉrennû bᵉʿālāyw šallēm yᵉšallēm šôr taḥat haššôr wᵉhammēt yihyeh-llô.
בּוֹר bôr pit / cistern
From the root בָּרָה (bārâ), "to bore" or "to dig," this noun denotes an excavated hole, typically for water storage but also for trapping animals or disposing of waste. In Genesis 37:20, Joseph is cast into a bôr by his brothers—a detail that underscores the danger of uncovered pits. The legal stipulation here addresses the negligence of leaving such hazards open in communal spaces. The pit becomes a metaphor in Psalms and Prophets for Sheol or entrapment (Ps 40:2), linking physical danger to spiritual peril. The owner's liability reflects the covenant principle that one's property must not become a snare to the neighbor.
יְכַסֶּנּוּ yᵉkassennû he covers it
The Piel imperfect of כָּסָה (kāsâ), "to cover, conceal," with third masculine singular suffix. The Piel intensifies the action: not merely placing something over the pit but securing it adequately. This verb appears in contexts of atonement (Ps 32:1, "Blessed is he whose transgression is covered") and divine protection (Ps 91:4). Here the legal requirement to cover the pit mirrors the theological necessity of covering sin—both demand intentional, responsible action. Failure to cover exposes others to harm and oneself to liability, a principle that resonates through Torah's concern for the vulnerable.
שַׁלֵּם יְשַׁלֵּם šallēm yᵉšallēm he shall surely make restitution
The Piel infinitive absolute followed by the Piel imperfect of שָׁלַם (šālam), "to be complete, to restore, to make peace." This doubling construction (common in Hebrew legal texts) intensifies certainty and obligation: restitution is not optional but mandatory. The root šālam underlies šālôm (peace/wholeness) and suggests that justice restores communal equilibrium. Unlike punitive damages, biblical restitution aims at restoration—making the injured party whole. The dead animal becomes the property of the one who pays, balancing the economic equation and preventing double recovery. This principle of restorative justice threads through both Testaments, culminating in Christ's complete (šālam) payment for sin.
יִגֹּף yiggōp it gores / strikes
The Qal imperfect of נָגַף (nāḡap), "to strike, smite, gore." This verb describes violent collision or attack, used of military defeat (Num 14:42), plague (1 Sam 4:2), and animal aggression. The term conveys sudden, forceful impact—an ox goring is not accidental brushing but deliberate assault. The legal distinction hinges on whether the ox was known to gore (נַגָּח, naggāḥ, a related participial form in v. 36), establishing precedent and owner knowledge. Negligence transforms from passive (failing to cover a pit) to active (failing to restrain a known danger). The verb's military connotations underscore the seriousness: an unrestrained dangerous animal is akin to an unleashed weapon.
מִתְּמוֹל שִׁלְשֹׁם mittᵉmôl šilšōm from yesterday and the day before / in time past
A Hebrew idiom combining תְּמוֹל (tᵉmôl, "yesterday") and שִׁלְשׁוֹם (šilšôm, "the day before yesterday, three days ago"). Together they denote the recent past or established pattern—"heretofore" in older English. This phrase appears in legal contexts (Ex 4:10, Moses' speech impediment; Josh 3:4, Israel's unfamiliarity with the route) to establish prior knowledge or precedent. The law distinguishes between first-time incidents (where liability is shared) and repeat offenses (where full restitution is required). Knowledge of past behavior creates heightened responsibility, a principle Jesus echoes in Luke 12:47-48 regarding the servant who knows his master's will yet fails to act.
בַּעַל baʿal owner / master / possessor
From the root בָּעַל (bāʿal), "to marry, rule, possess," this noun denotes ownership, mastery, or lordship. While notorious as the name of the Canaanite storm deity, in legal contexts baʿal simply means "owner" or "one responsible for." The term appears throughout Exodus 21-22 defining liability: the baʿal of the pit, the baʿal of the ox. Ownership confers not privilege alone but accountability—a counter-cultural notion in the ancient Near East where property rights often trumped human welfare. The covenant inverts this: the baʿal must answer for harm his property causes. This anticipates the New Testament teaching that stewardship, not mere ownership, defines the believer's relationship to possessions (Luke 12:42-48).

The casuistic structure of verses 33-36 follows the classic "if-then" (כִּי... wᵉ-) formulation characteristic of ancient Near Eastern legal codes, yet with distinctively Israelite theological underpinnings. Verse 33 opens with a double protasis: "if a man opens a pit, or if a man digs a pit"—the repetition emphasizing both discovery of existing hazards and creation of new ones. The apodosis hinges on the negative particle לֹא (lōʾ, "not") governing the verb "cover," making negligence the operative issue. The syntax places responsibility squarely on human agency: the pit does not "remain uncovered" passively but is actively "not covered" by its owner. This grammatical choice underscores moral culpability.

Verse 34 introduces the legal consequence with the subject-first construction "the owner of the pit shall make restitution," using the emphatic Piel form of שָׁלַם. The verb יָשִׁיב (yāšîḇ, "he shall return/restore") specifies the mode: monetary compensation to the animal's owner. The final clause, "and the dead animal shall become his," employs the imperfect of הָיָה (hāyâ, "to be") to indicate transfer of property rights—a legal mechanism preventing unjust enrichment. The injured party receives full value but does not retain both the payment and the carcass (which retains some value for hide, etc.). This balancing reflects Torah's concern for equity, not windfall.

Verses 35-36 shift from pit liability to ox-on-ox violence, employing a graduated structure that distinguishes first-time incidents from repeat offenses. Verse 35's series of perfect consecutive verbs (וּמָכְרוּ... וְחָצוּ... יֶחֱצוּן, "and they shall sell... and divide... they shall divide") creates a rhythmic sequence of shared responsibility: both owners participate in the loss. The parallelism of "divide its price" and "divide the dead ox" reinforces equal burden-bearing. Verse 36, however, introduces the conditional אוֹ נוֹדַע כִּי (ʾô nôdaʿ kî, "or if it is known that"), shifting liability entirely to the negligent owner. The Niphal perfect נוֹדַע (nôdaʿ, "it was known") is passive, indicating public knowledge or established reputation—the community bears witness. The emphatic construction שַׁלֵּם יְשַׁלֵּם (infinitive absolute + finite verb) in verse 36 contrasts with the shared verbs of verse 35, underscoring the heightened obligation when prior knowledge exists.

The rhetorical movement from pit (inanimate hazard) to ox (animate agent) mirrors the progression from passive to active negligence. Both scenarios, however, converge on the principle of foreseeability: the owner who knows or should know of danger bears responsibility for harm. The legal code is not merely adjudicating property disputes but cultivating a culture of vigilance and neighbor-love. The repeated phrase "and the dead animal shall become his" (verses 34, 36) functions as a refrain, reminding the community that restitution restores balance—the one who pays is not left destitute, and the one who receives does not profit from misfortune. This is justice as shalom, the restoration of communal wholeness.

Negligence is not passive—it is the active choice to leave danger uncovered and harm unrestrained. The law of the pit and the ox teaches that knowledge creates obligation: once we know the hazard, we become responsible for its consequences. In the kingdom of God, love does not merely avoid doing harm; it diligently prevents harm from being done.

"make restitution" for שָׁלַם (šālam)—The LSB preserves the restorative force of the Hebrew root, which underlies both "peace" (šālôm) and "completeness." Other translations sometimes use "compensate" or "pay," but "make restitution" captures the covenantal goal: not punitive damages but restoration of wholeness to the injured party and the community. This choice aligns with the broader biblical theology of justice as healing rather than mere retribution.

"wont to gore" for נַגָּח (naggāḥ)—The LSB retains the archaic English "wont" (accustomed, habituated) to convey the Hebrew participial form indicating established pattern. Modern translations often flatten this to "has had the habit of goring," losing the legal precision. The term "wont" signals that this is not a one-time incident but a known propensity, which is the hinge of the legal distinction between verses 35 and 36. The owner's liability escalates because the danger was foreseeable and preventable.