Crimes against Persons
About This Entry
These verses from Exodus focus on differentiating crimes that are categorized as crimes against a person from crimes that are classified as property damage. The rationale for determining the appropriate punishment for each of these crimes reflects ancient Israelite values such as respect for one’s elders, responsibility for the greater community’s safety, and respect and protection for those granted personhood. Concepts of personhood reflect a social hierarchy, with parents above children and enslaved people.
12He who fatally strikes a man shall be put to death. [ . . . ]
15He who strikes his father or his mother shall be put to death.
16He who kidnaps a man—whether he has sold him or is still holding him—shall be put to death.
17He who insultsa his father or his mother shall be put to death.
18When men quarrel and one strikes the other with stone or fist, and he does not die but has to take to his bed—19if he then gets up and walks outdoors upon his staff, the assailant shall go unpunished, except that he must pay for his idleness and his cure.
20When a man strikes his slave, male or female, with a rod, and he dies there and then, he must be avenged. 21But if he survives a day or two, he is not to be avenged, since he is the other’s property.
22When men fight, and one of them pushes a pregnant woman and a miscarriage results, but no other damage ensues, the one responsible shall be fined according as the woman’s husband may exact from him, the payment to be based on reckoning. 23But if other damage ensues, the penalty shall be life for life, 24eye for eye, tooth for tooth, hand for hand, foot for foot, 25burn for burn, wound for wound, bruise for bruise.
26When a man strikes the eye of his slave, male or female, and destroys it, he shall let him go free on account of his eye. 27If he knocks out the tooth of his slave, male or female, he shall let him go free on account of his tooth.
28When an ox gores a man or a woman to death, the ox shall be stoned and its flesh shall not be eaten, but the owner of the ox is not to be punished. 29If, however, that ox has been in the habit of goring, and its owner, though warned, has failed to guard it, and it kills a man or a woman—the ox shall be stoned and its owner, too, shall be put to death. 30If ransom is laid upon him, he must pay whatever is laid upon him to redeem his life.
Notes
Or “reviles.”
Credits
Reprinted from Tanakh: The Holy Scriptures by permission of the University of Nebraska Press. Copyright 1985 by the Jewish Publication Society, Philadelphia.
Discussion Questions
Why do you think two of these laws include the mother and father, rather than adults more generally?
How are enslaved individuals perceived in this passage?
Did these punishments fit these crimes in your view?
Published in: The Posen Library of Jewish Culture and Civilization, vol. 1.