Exodus 21:23

Matthew Henry's Complete Commentary - Exodus 21:22-36

Observe here, I. The particular care which the law took of women with child, that no hurt should be done them which might occasion their mis-carrying. The law of nature obliges us to be very tender in that case, lest the tree and fruit be destroyed together, Exod. 21:22, 23. Women with child, who are thus taken under the special protection of the law of God, if they live in his fear, may still believe themselves under the special protection of the providence of God, and hope that they shall be... read more

John Gill

John Gills Exposition of the Bible Commentary - Exodus 21:23

And if any mischief follow ,.... According as that is, so shall it be done to the smiter: if death follows: then thou shalt give life for life ; if death to the woman, so Jarchi and Aben Ezra interpret it; to which agrees the Targum of Jonathan,"but if there is death in her, then ye shall judge or condemn the life of the murderer for the life of the woman;'about which, Jarchi says, there is a difference among their doctors; some say life properly, absolutely the person himself; others... read more

Spence, H. D. M., etc.

The Pulpit Commentary - Exodus 21:2-35

The slave laws. Slave laws belong to all communities, and not to some only, slavery being really a universal and not a partial institution. In the most civilised communities of modern Europe, there are two large classes of slaves—lunatics and criminals. The law openly condemns these last to penal servitude, which may be for life; and this "servitude," as Lord Chief Justice Coleridge has repeatedly pointed out, is simply a form of slavery. Ancient communities differed from modern— 1 .... read more

Spence, H. D. M., etc.

The Pulpit Commentary - Exodus 21:18-36

Bodily injuries. The laws in this section may be thus classified:— I. INJURIES BY MAN . 1 . Strivers ( Exodus 21:18 , Exodus 21:19 ). The man who injured another in strife was required to pay for the loss of his time, and to cause him to be thoroughly healed. Had the man died, the case would have come under the law of Exodus 21:12 . As it was, blame attached to both parties, and the law waived the right to further satisfaction. Note— 2 . Servants ( Exodus 21:20... read more

Spence, H. D. M., etc.

The Pulpit Commentary - Exodus 21:22-25

Assault producing miscarriage. Retaliation . Women in all countries are apt to interfere in the quarrels of men, and run the risk of suffering injuries which proceed from accident rather than design, one such injury being of a peculiar character, to which there is nothing correspondent among the injuries which may be done to man. This is abortion, or miscarriage. The Mosaic legislation sought to protect pregnant women from suffering this injury by providing, first, that if death resulted the... read more

Spence, H. D. M., etc.

The Pulpit Commentary - Exodus 21:22-25

The requirement of strict equivalents in making compensation for injuries. The particular illustration here is confessedly obscure; but there can hardly be a mistake as to the principle illustrated, viz; that when injury is inflicted on the person, the very best should be done that can be done to make an adequate compensation. When property is taken it can often be restored or things put practically as they were before; but when the person is seriously injured, there is then no possibility... read more

Spence, H. D. M., etc.

The Pulpit Commentary - Exodus 21:23

Then thou shalt give life for life . "Life for life" seems an excessive penalty, where the injury was in a great measure accidental, and when there was certainly no design to take life. Probably the law was not now enacted for the first time, but was an old tribal institution, like the law of the "avenger of blood." There are many things in the Mosaic institutions which Moses tolerated, like "bills of divorce"—on account of "the hardness of their hearts." read more

Spence, H. D. M., etc.

The Pulpit Commentary - Exodus 21:23-24

Eye for eye, tooth for tooth, etc. Aristotle says in the Nicomachean Ethics, that this was the rule of justice which Rhadamanthus was supposed to act on in the judgment after death (book 5, see. 3), and that it had the approval of the Pythagoreans. Solon admitted it to a certain extent into the laws of Athens, and at Rome it found its way. into the Twelve Tables. There is a prima facie appearance of exact equality in it, which would captivate rude minds and cause the principle to be... read more

Spence, H. D. M., etc.

The Pulpit Commentary - Exodus 21:23-25

The rule of retaliation. "To suffer that a man has done is strictest, straightest right," was a line which passed into a proverb in ancient Greece. The administration of justice is rendered very simple and easy by the adoption of the principle, which approves itself to simple minds, and might work well in a simple state of society. The law of "life for life" ( Exodus 21:23 ) remains, and must always remain, the basis on which society justifies the execution of the murderer. If "eve for... read more

Spence, H. D. M., etc.

The Pulpit Commentary - Exodus 21:23-26

An eye for an eye, etc. (cf. Matthew 5:38-43 ). The principle here enunciated is that of the jus talionis . Stripped of its concrete form, it is simply the assertion of the dictate of justice, that when a wrong has been done to anyone, and through him to society, an adequate compensation ought to be rendered. So rendered, it is the principle underlying every system of criminal jurisprudence. We need not suppose that (in Jewish society) it was ever literally acted upon. Commutations of... read more

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