Exodus 21:24

      22 If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow: he shall be surely punished, according as the woman's husband will lay upon him; and he shall pay as the judges determine.   23 And if any mischief follow, then thou shalt give life for life,   24 Eye for eye, tooth for tooth, hand for hand, foot for foot,   25 Burning for burning, wound for wound, stripe for stripe.   26 And if a man smite the eye of his servant, or the eye of his maid, that it perish; he shall let him go free for his eye's sake.   27 And if he smite out his manservant's tooth, or his maidservant's tooth; he shall let him go free for his tooth's sake.   28 If an ox gore a man or a woman, that they die: then the ox shall be surely stoned, and his flesh shall not be eaten; but the owner of the ox shall be quit.   29 But if the ox were wont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman; the ox shall be stoned, and his owner also shall be put to death.   30 If there be laid on him a sum of money, then he shall give for the ransom of his life whatsoever is laid upon him.   31 Whether he have gored a son, or have gored a daughter, according to this judgment shall it be done unto him.   32 If the ox shall push a manservant or a maidservant; he shall give unto their master thirty shekels of silver, and the ox shall be stoned.   33 And if a man shall open a pit, or if a man shall dig a pit, and not cover it, and an ox or an ass fall therein;   34 The owner of the pit shall make it good, and give money unto the owner of them; and the dead beast shall be his.   35 And if one man's ox hurt another's, that he die; then they shall sell the live ox, and divide the money of it; and the dead ox also they shall divide.   36 Or if it be known that the ox hath used to push in time past, and his owner hath not kept him in; he shall surely pay ox for ox; and the dead shall be his own.

      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, v. 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 saved in child-bearing. On this occasion comes in that general law of retaliation which our Saviour refers to, Matt. v. 38, An eye for an eye. Now, 1. The execution of this law is not hereby put into the hands of private persons, as if every man might avenge himself, which would introduce universal confusion, and make men like the fishes of the sea. The tradition of the elders seems to have put this corrupt gloss upon it, in opposition to which our Saviour commands us to forgive injuries, and not to meditate revenge, Matt. v. 39. 2. God often executes it in the course of his providence, making the punishment, in many cases, to answer to the sin, as Judg. i. 7; Isa. xxxiii. 1; Hab. ii. 13; Matt. xxvi. 52. 3. Magistrates ought to have an eye to this rule in punishing offenders, and doing right to those that are injured. Consideration must be had of the nature, quality, and degree of the wrong done, that reparation may be made to the party injured, and others deterred from doing the like; either an eye shall go for an eye, or the forfeited eye shall be redeemed by a sum of money. Note, He that does wrong must expect one way or other to receive according to the wrong he has done, Col. iii. 25. God sometimes brings men's violent dealings upon their own heads (Ps. vii. 16); and magistrates are in this the ministers of the justice, that they are avengers (Rom. xiii. 4), and they shall not bear the sword in vain.

      II. The care God took of servants. If their masters maimed them, though it was only striking out a tooth, that should be their discharge, v. 26, 27. This was intended, 1. To prevent their being abused; masters would be careful not to offer them any violence, lest they should lose their service. 2. To comfort them if they were abused; the loss of a limb should be the gaining of their liberty, which would do something towards balancing both the pain and disgrace they underwent. Nay,

      III. Does God take care for oxen? Yes, it appears by the following laws in this chapter that he does, for our sakes, 1 Cor. ix. 9, 10. The Israelites are here directed what to do,

      1. In case of hurt done by oxen, or any other brute-creature; for the law, doubtless, was designed to extend to all parallel cases. (1.) As an instance of God's care of the life of man (though forfeited a thousand times into the hands of divine justice), and in token of his detestation of the sin of murder. If an ox killed any man, woman, or child, the ox was to be stoned (v. 28); and, because the greatest honour of the inferior creatures is to be serviceable to man, the criminal is denied that honour: his flesh shall not be eaten. Thus God would keep up in the minds of his people a rooted abhorrence of the sin of murder and every thing that was barbarous. (2.) To make men careful that none of their cattle might do hurt, but that, by all means possible, mischief might be prevented. If the owner of the beast knew that he was mischievous, he must answer for the hurt done, and, according as the circumstances of the case proved him to be more or less accessory, he must either be put to death or ransom his life with a sum of money, v. 29-32. Some of our ancient books make this felony, by the common law of England, and give this reason, "The owner, by suffering his beast to go at liberty when he knew it to be mischievous, shows that he was very willing that hurt should be done." Note, It is not enough for us not to do mischief ourselves, but we must take care that no mischief be done by those whom it is in our power to restrain, whether man or beast.

      2. In case of hurt done to oxen, or other cattle. (1.) If they fall into a pit, and perish there, he that opened the pit must make good the loss, v. 33, 34. Note, We must take heed not only of doing that which will be hurtful, but of doing that which may be so. It is not enough not to design and devise mischief, but we must contrive to prevent mischief, else we become accessory to our neighbours' damage. Mischief done in malice is the great transgression; but mischief done through negligence, and for want of due care and consideration, is not without fault, but ought to be reflected upon with great regret, according as the degree of the mischief is: especially we must be careful that we do nothing to make ourselves accessory to the sins of others, by laying an occasion of offence in our brother's way, Rom. xiv. 13. (2.) If cattle fight, and one kill another, the owners shall equally share in the loss, v. 35. Only if the beast that had done the harm was known to the owner to have been mischievous he shall answer for the damage, because he ought either to have killed him or kept him up, v. 36. The determinations of these cases carry with them the evidence of their own equity, and give such rules of justice as were then, and are still, in use, for the decision of similar controversies that arise between man and man. But I conjecture that these cases might be specified, rather than others (though some of them seem minute), because they were then cases in fact actually depending before Moses; for in the wilderness where they lay closely encamped, and had their flocks and herds among them, such mischiefs as these last mentioned were likely enough to occur. That which we are taught by these laws is that we should be very careful to do no wrong, either directly or indirectly; and that, if we have done wrong, we must be very willing to make satisfaction, and desirous that nobody may lose by us.

Leviticus 24:20

      10 And the son of an Israelitish woman, whose father was an Egyptian, went out among the children of Israel: and this son of the Israelitish woman and a man of Israel strove together in the camp;   11 And the Israelitish woman's son blasphemed the name of the LORD, and cursed. And they brought him unto Moses: (and his mother's name was Shelomith, the daughter of Dibri, of the tribe of Dan:)   12 And they put him in ward, that the mind of the LORD might be showed them.   13 And the LORD spake unto Moses, saying,   14 Bring forth him that hath cursed without the camp; and let all that heard him lay their hands upon his head, and let all the congregation stone him.   15 And thou shalt speak unto the children of Israel, saying, Whosoever curseth his God shall bear his sin.   16 And he that blasphemeth the name of the LORD, he shall surely be put to death, and all the congregation shall certainly stone him: as well the stranger, as he that is born in the land, when he blasphemeth the name of the LORD, shall be put to death.   17 And he that killeth any man shall surely be put to death.   18 And he that killeth a beast shall make it good; beast for beast.   19 And if a man cause a blemish in his neighbour; as he hath done, so shall it be done to him;   20 Breach for breach, eye for eye, tooth for tooth: as he hath caused a blemish in a man, so shall it be done to him again.   21 And he that killeth a beast, he shall restore it: and he that killeth a man, he shall be put to death.   22 Ye shall have one manner of law, as well for the stranger, as for one of your own country: for I am the LORD your God.   23 And Moses spake to the children of Israel, that they should bring forth him that had cursed out of the camp, and stone him with stones. And the children of Israel did as the LORD commanded Moses.

      Evil manners, we say, beget good laws. We have here an account of the evil manners of a certain nameless mongrel Israelite, and the good laws occasioned thereby.

      I. The offender was the son of an Egyptian father and an Israelitish mother (v. 10); his mother was of the tribe of Dan, v. 11. Neither he nor his father is named, but his mother only, who was an Israelite. This notice is taken of his parentage either, 1. To intimate what occasioned the quarrel he was engaged in. The Jews say, "He offered to set up his tent among the Danites in the right of his mother, but was justly opposed by some or other of that tribe, and informed that his father being an Egyptian he had no part nor lot in the matter, but must look upon himself as a stranger." Or, 2. To show the common ill effect of such mixed marriages. When a daughter of Israel would marry an idolatrous malignant Egyptian, what could be the fruit of such a marriage but a blasphemer? For the children will be apt to take after the worse side, whichsoever it is, and will sooner learn of an Egyptian father to blaspheme than of an Israelitish mother to pray and praise.

      II. The occasion of the offence was contention: He strove with a man of Israel. The mixed multitude of Egyptians that came up with Israel (Exod. xii. 38) were in many ways hurtful to them, and this was one, they were often the authors of strife. The way to preserve the peace of the church is to preserve the purity of it. In this strife he broke out into ill language. Note, When quarrels begin we know not what mischief they will make before they end, nor how treat a matter a little fire may kindle. When men's passion is up they are apt to forget both their reason and their religion, which is a good reason why we should not be apt either to give or to resent provocation, but leave off strife before it be meddled with, because the beginning of it is as the letting forth of water.

      III. The offence itself was blasphemy and cursing, v. 11. It is supposed that his cause came to be heard before the judges, who determined that he had no right to the privileges of an Israelite, his father being an Egyptian, and that, being enraged at the sentence, 1. He blasphemed the name of the Lord. He blasphemed the name, that is, he blasphemed God, who is known by his name only, not by his nature, or any similitude. Not as if God were a mere name, but his is a name above every name. The translators add of the Lord, which is implied, but not expressed, in the original, for the greater reverence of the divine Majesty: it is a shame that it should be found on record that the very name of Jehovah should be blasphemed; tell it not in Gath. It is a fond conceit of the superstitious Jews that his blasphemy was in pronouncing the name of Jehovah, which they call ineffable: he that made himself known by that name never forbade the calling of him by that name. It is probable that finding himself aggrieved by the divine appointment, which separated between the Israelites and strangers, he impudently reproached both the law and the Law-maker, and set him at defiance. 2. He cursed either God himself (and then his cursing was the same with blaspheming) or the person with whom he strove. Imprecations of mischief are the hellish language of hasty passion, as well as of rooted malice. Or perhaps he cursed the judges that gave sentence against him; he flew in the face of the court, and ridiculed the processes of it; thus he added sin to sin.

      IV. The caution with which he was proceeded against for this sin. The witnesses or inferior judges brought him and his case (which was somewhat extraordinary) unto Moses (v. 11), according to the order settled (Exod. xviii. 22), and Moses himself would not give judgment hastily, but committed the offender into custody, till he had consulted the oracle in this case. Note, Judges must deliberate; both those that give the verdict and those that give the sentence must consider diligently what they do, and do nothing rashly, for the judgment is God's (Deut. i. 17), and before him there will be a rehearing of the cause. They waited to know what was the mind of the Lord, whether he was to be put to death by the hand of the magistrate or to be left to the judgment of God: or, rather, they wanted to know whether he should be stoned, as those were to be that only cursed their parents (ch. xx. 9), or whether, the crime being so much greater, some sorer punishment should be inflicted on him. Note, Those that sit in judgment should sincerely desire, and by prayer and the use of all good means should endeavour to know the mind of the Lord, because they judge for him (2 Chron. xix. 6) and to him they are accountable.

      V. Sentence passed upon this offender by the righteous Judge of heaven and earth himself: Let all the congregation stone him, v. 14. God could have cut him off by an immediate stroke from heaven, but he would put this honour upon the institution of magistracy to make use of it for the supporting and vindicating of his own glory in the world. Observe, 1. The place of execution appointed: Bring him forth without the camp. To signify their detestation of the crime, they must thus cast out the criminal as an abominable branch, and separate him from them as an unclean thing and unworthy a place in the camp of Israel. 2. The executioners: Let all the congregation do it, to show their zeal for the honour of God's name. Every man should have a stone to throw at him that blasphemes God, reckoning himself nearly concerned in the reproaches cast on God, Ps. lxix. 9. Thus also the greater terror would be cast upon the congregation; those that once helped to stone a blasphemer would ever after dread every thing that bordered upon blasphemy, that looked like it or looked towards it. 3. The solemnity of the execution; before the congregation stoned him, the witnesses were to lay their hands upon his head. The Jews say that this was used in the execution of no criminals but blasphemers; and that it was done with words to this purport, "Thy blood be upon thy own head, for thou thyself hast occasioned it. Let no blame be laid on the law, judges, juries, or witnesses; if thou scornest, thou alone shalt bear it."

      VI. A standing law made upon this occasion for the stoning of blasphemers, v. 15, 16. Magistrates are the guardians of both tables, and ought to be as jealous for the honour of God against those that speak contemptuously of his being and government as for the public peace and safety against the disturbers of them. 1. A great stress is laid upon this law, as in no case to be dispensed with: He shall surely be put to death; they shall certainly stone him. Those that lightly esteemed God's honour might think it hard to make a man an offender for a word (words are but wind); but God would let them know that they must not make light of such words as these, which come from malice against God in the heart of him that speaks, and must occasion either great guilt or great grief to those that hear. 2. It is made to extend to the strangers that sojourned among them, as well as those that were born in the land. God never made any law to compel strangers to be circumcised and embrace the Jewish religion (proselytes made by force would be no honour to the God of Israel), but he made a law to restrain strangers from speaking evil of the God of Israel. 3. He that was put to death for blasphemy is said to bear his sin, in the punishment of it; no sacrifice being appointed, on the head of which the sin might be transferred, he himself was to bear it upon his own head, as a sacrifice to divine justice. So his own tongue fell upon him (Ps. lxiv. 8), and the tongue of a blasphemer will fall heavily.

      VII. A repetition of some other laws annexed to this new law. 1. That murder should be punished with death (v. 17, and again v. 21), according to an ancient law in Noah's time (Gen. ix. 6), and the very law of nature, Gen. iv. 10. 2. That maimers should in like manner be punished by the law of retaliation, v. 19, 20. Not that men might in these cases be their own avengers, but they might appeal to the civil magistrate, who should award suffering to the injurious and satisfaction to the injured as should be thought fit in proportion to the hurt done. This law we had before, Exod. xxii. 4, 5. And it was more agreeable to that dispensation, in which were revealed the rigour of the law and what sin deserved, than to the dispensation we are under, in which are revealed the grace of the gospel and the remission of sins: and therefore our Saviour has set aside this law (Matt. v. 38, 39), not to restrain magistrates from executing public justice, but to restrain us all from returning personal injuries and to oblige us to forgive as we are and hope to be forgiven. 3. That hurt done wilfully to a neighbour's cattle should be punished by making good the damage, v. 18, 21. Thus the divine law took not only their lives, but their goods also under its protection. Those beasts which belonged to no particular person, but were, as our law speaks, ferae naturae--of a wild nature, it was lawful for them to kill; but not those which any man had a property in. Does God take care for oxen? Yes; for our sakes he does. 4. That strangers, as well as native Israelites, should be both entitled to the benefit of this law, so as not to suffer wrong, and liable to the penalty of this law in case they did wrong. And, it should seem, this is it that brings in these laws here, to show how equitable it was that strangers as well as Israelites should be punished for blasphemy, because strangers as well as Israelites were punishable for other crimes. And there may be this further reason for the recognition of these laws here, God would hereby show what provision he had made for man's safety, in punishing those that were injurious to him, which should be an argument with magistrates to be jealous for his honour, and to punish those that blasphemed his name. If God took care for their comfort, they ought to take care for his glory.

      VIII. The execution of the blasphemer. Moses did, as it were, sign the warrant or it: He spoke unto the children of Israel to do it, and they did as the Lord commanded Moses, v. 23. This teaches that death is the wages of sin, and that blasphemy in particular is an iniquity to be punished by the judges. But, if those who thus profane the name of God escape punishment from men, yet the Lord our God will not suffer them to escape his righteous judgments. This blasphemer was the first that died by the law of Moses. Stephen, the first that died for the gospel, died by the abuse of this law; the martyr and the malefactor suffered the same death: but how vast the difference between them!

Deuteronomy 19:21

      14 Thou shalt not remove thy neighbour's landmark, which they of old time have set in thine inheritance, which thou shalt inherit in the land that the LORD thy God giveth thee to possess it.   15 One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.   16 If a false witness rise up against any man to testify against him that which is wrong;   17 Then both the men, between whom the controversy is, shall stand before the LORD, before the priests and the judges, which shall be in those days;   18 And the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother;   19 Then shall ye do unto him, as he had thought to have done unto his brother: so shalt thou put the evil away from among you.   20 And those which remain shall hear, and fear, and shall henceforth commit no more any such evil among you.   21 And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot.

      Here is a statute for the preventing of frauds and perjuries; for the divine law takes care of men's rights and properties, and has made a hedge about them. Such a friend is it to human society and men's civil interest.

      I. A law against frauds, v. 14. 1. Here is an implicit direction given to the first planters of Canaan to fix land-marks, according to the distribution of the land to the several tribes and families by lot. Note, It is the will of God that every one should know his own, and that all good means should be used to prevent encroachments and the doing and suffering of wrong. When right is settled, care must be taken that it be not afterwards unsettled, and that, if possible, no occasion of dispute may arise. 2. An express law to posterity not to remove those land-marks which were thus fixed at first, by which a man secretly got that to himself which was his neighbour's. This, without doubt, is a moral precept, and still binding, and to us it forbids, (1.) The invading of any man's right, and taking to ourselves that which is not our own, by any fraudulent arts or practices, as by forging, concealing, destroying, or altering deeds and writings (which are our land-marks, to which appeals are made), or by shifting hedges, meer-stones, and boundaries. Though the land-marks were set by the hand of man, yet he was a thief and a robber by the law of God that removed them. Let every man be content with his own lot, and just to his neighbours, and then we shall have no land-marks removed. (2.) It forbids the sowing of discord among neighbours, and doing any thing to occasion strife and law-suits, which is done (and it is very ill done) by confounding those things which should determine disputes and decide controversies. And, (3.) It forbids breaking in upon the settled order and constitution of civil government, and the altering of ancient usages without just cause. This law supports the honour of prescriptions. Consuetudo facit jus--Custom is to be held as law.

      II. A law against perjuries, which enacts two things:-- 1. That a single witness should never be admitted to give evidence in a criminal cause, so as that sentence should be passed upon his testimony, v. 15. This law we had before, Num. xxxv. 30, and in this book, ch. xvii. 6. This was enacted in favour to the prisoner, whose life and honour should not lie at the mercy of a particular person that had a pique against him, and for caution to the accuser not to say that which he could not corroborate by the testimony of another. It is a just shame which this law puts upon mankind as false and not to be trusted; every man is by it suspected: and it is the honour of God's grace that the record he has given concerning his Son is confirmed both in heaven and in earth by three witnesses, 1 John v. 7. Let God be true and every man a liar, Rom. iii. 4. 2. That a false witness should incur the same punishment which was to have been inflicted upon the person he accused. If two, or three, or many witnesses, concurred in a false testimony, they were all liable to be prosecuted upon this law. (2.) The person wronged or brought into peril by the false testimony is supposed to be the appellant, v. 17. And yet if the person were put to death upon the evidence, and afterwards it appeared to be false, any other person, or the judges themselves, ex officio--by virtue of their office, might call the false witness to account. (3.) Causes of this kind, having more than ordinary difficulty in them, were to be brought before the supreme court, The priests and judges, who are said to be before the Lord, because, as other judges sat in the gates of their cities, so these at the gate of the sanctuary, ch. xvii. 12. (4.) There must be great care in the trial, v. 18. A diligent inquisition must be made into the characters of the persons, and all the circumstances of the case, which must be compared, that the truth might be found out, which, where it is thus faithfully and impartially enquired into, Providence, it may be hoped, will particularly advance the discovery of. (5.) If it appeared that a man had knowingly and maliciously borne false witness against his neighbour, though the mischief he designed him thereby was not effected, he must undergo the same penalty which his evidence would have brought his neighbour under, v. 19. Nec lex est justior ulla--Nor could any law be more just. If the crime he accused his neighbour of was to be punished with death, the false witness must be put to death; if with stripes, he must be beaten; if with a pecuniary mulct, he was to be fined the sum. And because to those who considered not the heinousness of the crime, and the necessity of making this provision against it, it might seem hard to punish a man so severely for a few words' speaking, especially when no mischief did actually follow, it is added: Thy eye shall not pity, v. 21. No man needs to be more merciful than God. The benefit that will accrue to the public from this severity will abundantly recompense it: Those that remain shall hear and fear, v. 20. Such exemplary punishments will be warnings to others not to attempt any such mischief, when they see how he that made the pit and digged it has fallen into the ditch which he made.

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