Exodus 21:21

Notwithstanding, if he continue a day or two, he shall not be punished: for he is his money.

EXPOSITORY (ENGLISH BIBLE)

Ellicott's Commentary for English Readers

(21) If he continue a day or two, he shall not be punished.—Comp. the proviso with respect to freemen (Exodus 21:19). The notion is, that unless the death follows speedily it must be presumed not to have been intended; and this might be especially presumed in the case of a man killing his slave, since thereby he inflicted on himself a pecuniary loss.

Benson Commentary

Exodus 21:21. He is his money — His possession, bought with his money; and, therefore, 1st, He had a power to chastise him according to his demerit, which might be very great. 2d, He is punished by his own loss. And, 3d, May be presumed not to have done this purposely and maliciously.

Matthew Henry's Concise Commentary

21:12-21 God, who by his providence gives and maintains life, by his law protects it. A wilful murderer shall be taken even from God's altar. But God provided cities of refuge to protect those whose unhappiness it was, and not their fault, to cause the death of another; for such as by accident, when a man is doing a lawful act, without intent of hurt, happens to kill another. Let children hear the sentence of God's word upon the ungrateful and disobedient; and remember that God will certainly requite it, if they have ever cursed their parents, even in their hearts, or have lifted up their hands against them, except they repent, and flee for refuge to the Saviour. And let parents hence learn to be very careful in training up their children, setting them a good example, especially in the government of their passions, and in praying for them; taking heed not to provoke them to wrath. Through poverty the Israelites sometimes sold themselves or their children; magistrates sold some persons for their crimes, and creditors were in some cases allowed to sell their debtors who could not pay. But man-stealing, the object of which is to force another into slavery, is ranked in the New Testament with the greatest crimes. Care is here taken, that satisfaction be made for hurt done to a person, though death do not follow. The gospel teaches masters to forbear, and to moderate threatenings, Eph 6:9, considering with Job, What shall I do, when God riseth up? Job 31:13,14.

Barnes' Notes on the Bible

The Jewish authorities appear to be right in referring this law, like those in Exodus 21:26-27, Exodus 21:32, to foreign slaves (see Leviticus 25:44-46). The protection here afforded to the life of a slave may seem to us but a slight one; but it is the very earliest trace of such protection in legislation, and it stands in strong and favorable contrast with the old laws of Greece, Rome, and other nations. If the slave survived the castigation a day or two, the master did not become amenable to the law, because the loss of the slave was accounted, under the circumstances, as a punishment.

Jamieson-Fausset-Brown Bible Commentary

Ex 21:7-36. Laws for Maidservants.

7-11. if a man sell his daughter—Hebrew girls might be redeemed for a reasonable sum. But in the event of her parents or friends being unable to pay the redemption money, her owner was not at liberty to sell her elsewhere. Should she have been betrothed to him or his son, and either change their minds, a maintenance must be provided for her suitable to her condition as his intended wife, or her freedom instantly granted.

Matthew Poole's Commentary

i.e. His possession bought with his money; and therefore,

1. Had a power to chastise him according to his demerit, which might be very great.

2. Is sufficiently punished with his own loss.

3. May be presumed not to have done this purposely and maliciously.

Gill's Exposition of the Entire Bible

Notwithstanding, if he continue a day or two,.... And does not die immediately, or the same day, but lives twenty four hours, as the Jewish writers interpret it; so Abendana (x) explains the phrase, "a day or two";"a day which is as two days, and they are twenty four hours from time to time,''that is, from the time he was smitten to the time of his continuance; and so it is elsewhere explained (y) by a day we understand a day, which is like two days, that is, from time to time, the meaning of which is, from a certain time in one day to the same in another:

he shall not be punished; that is, with death:

for he is his money; is bought with his money, and is good as money, and therefore it is a loss sufficient to him to lose him; and it may be reasonably thought he did not smite his servant with an intention to kill him, since he himself is the loser by it.

(x) Not. in Miclol Yophi in loc. (y) Maimon. & Bartenora in Misn. Zabim, c. 2. sect. 3.

Geneva Study Bible

Notwithstanding, if he continue a day or two, he shall not {p} be punished: for he is his money.

(p) By the civil magistrate, but before God he is a murderer.

EXEGETICAL (ORIGINAL LANGUAGES)

Cambridge Bible for Schools and Colleges

21. If the slave survives a day or two, his master escapes even the comparatively light penalty of v. 20; for then it is clear that he did not intend to kill him, but only to correct him.

he is his money] i.e. his master’s property, purchased by his master’s money. His master is considered to have sufficiently punished himself by the loss of his property.

Pulpit Commentary

Verse 21. - If he continue a day or two - i.e., "If the slave does not die till a day or two afterwards." Compare the provision in ver. 19, with respect to persons who were not slaves. No special callousness to the sufferings of slaves is implied. He is his money. The slave had been purchased for a stun of money, or was at any rate money' s worth; and the master would suffer a pecuniary loss by his death. Exodus 21:21

Keil and Delitzsch Biblical Commentary on the Old Testament

The case was different with regard to a slave. The master had always the right to punish or "chasten" him with a stick (Proverbs 10:13; Proverbs 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 Exodus 21:12 could hardly be applied to a case of this description, although it was afterwards extended to foreigners as well as natives (Leviticus 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 Exodus 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.