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.

And if a man smite his servant or his maid with a rod,.... A Canaanitish servant or maid, as the Targum of Jonathan, and so Jarchi; and that only with a rod for the correction of them, and not with a sword or any such destroying weapon, which would seem as though he intended to kill, yet nevertheless:

and he die under his hand; immediately, while he is smiting or beating him or her, on the same day, as the above Targum interprets it:

he shall be surely punished; or condemned to the punishment of being slain with the sword, as the said Targum and Jarchi explain it: this law was made to deter masters from using severity and cruelty towards their servants.

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.

And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished.

21:20 Direction is given what should be done, if a servant died by his master's correction. This servant must not be an Israelite, but a Gentile slave, as the Negroes to our planters; and it is supposed that he smite him with a rod, and not with any thing that was likely to give a mortal wound, yet if he died under his hand, he should be punished for his cruelty, at the discretion of the judges, upon consideration of circumstances.

punished: Heb. avenged

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.