Exodus 21:12-17

Personal Injuries

21:12 ¹ “Whoever strikes someone ²  so that he dies ³  must surely be put to death. ⁴  21:13 But if he does not do it with premeditation, ⁵  but it happens by accident, ⁶  then I will appoint for you a place where he may flee. 21:14 But if a man willfully attacks his neighbor to kill him cunningly, ⁷  you will take him even from my altar that he may die.

21:15 “Whoever strikes ⁸  his father or his mother must surely be put to death.

21:16 “Whoever kidnaps someone ⁹  and sells him, ¹⁰  or is caught still holding him, ¹¹  must surely be put to death.

21:17 “Whoever treats his father or his mother disgracefully ¹²  must surely be put to death.

[21:12]  ¹ sn The underlying point of this section remains vital today: The people of God must treat all human life as sacred.

[21:12]  ² tn The construction uses a Hiphil participle in construct with the noun for “man” (or person as is understood in a law for the nation): “the one striking [of] a man.” This is a casus pendens (independent nominative absolute); it indicates the condition or action that involves further consequence (GKC 361 §116.w).

[21:12]  ³ tn The Hebrew word וָמֵת (vamet) is a Qal perfect with vav consecutive; it means “and he dies” and not “and killed him” (which require another stem). Gesenius notes that this form after a participle is the equivalent of a sentence representing a contingent action (GKC 333 §112.n). The word shows the result of the action in the opening participle. It is therefore a case of murder or manslaughter.

[21:12]  ⁴ sn See A. Phillips, “Another Look at Murder,” JJS 28 (1977): 105-26.

[21:13]  ⁵ tn Heb “if he does not lie in wait” (NASB similar).

[21:13]  ⁶ tn Heb “and God brought into his hand.” The death is unintended, its circumstances outside human control.

[21:14]  ⁷ tn The word עָרְמָה (’ormah) is problematic. It could mean with prior intent, which would be connected with the word in Prov 8:5, 12 which means “understanding” (or “prudence” – fully aware of the way things are). It could be connected also to an Arabic word for “enemy” which would indicate this was done with malice or evil intentions (U. Cassuto, Exodus, 270). The use here seems parallel to the one in Josh 9:4, an instance involving intentionality and clever deception.

[21:15]  ⁸ sn This is the same construction that was used in v. 12, but here there is no mention of the parents’ death. This attack, then, does not lead to their death – if he killed one of them then v. 12 would be the law. S. R. Driver says that the severity of the penalty was in accord with the high view of parents (Exodus, 216).

[21:16]  ⁹ tn Heb “a stealer of a man,” thus “anyone stealing a man.”

[21:16]  ¹⁰ sn The implication is that it would be an Israelite citizen who was kidnapped and sold to a foreign tribe or country (like Joseph). There was always a market for slaves. The crime would be in forcibly taking the individual away from his home and religion and putting him into bondage or death.

[21:16]  ¹¹ tn Literally “and he is found in his hand” (KJV and ASV both similar), being not yet sold.

[21:17]  ¹² tn The form is a Piel participle from קָלַל (qalal), meaning in Qal “be light,” in Piel “treat lightly, curse, revile, declare contemptible, treat shamefully.” (See its use in Lev 19:14; Josh 24:9; Judg 9:26-28; 1 Sam 3:13; 17:43; 2 Sam 16:5-13; Prov 30:10-11; Eccl 7:21-22; 10:20.) It is opposite of “honor” (כָּבֵד, kaved; Qal “be heavy”; Piel “honor,” as in 20:12) and of “bless.” This verse then could refer to any act contrary to the commandment to honor the parents. B. Jacob (Exodus, 640) cites parallels in Sumerian where people were severely punished for publicly disowning their parents. “21:15, 17 taken together evoke the picture of parents who, physically and verbally, are forcibly turned out of the house (cf. Prov. 19:26)” (C. Houtman, Exodus, 3:148).