Exodus 21:23 - Forerunner Commentary

Exodus 21:23

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Articles, Bible studies, and sermons that contain The Second Book of Moses Called Exodus 21:23:

Exodus 21:22-25
Excerpted from: The Sixth Commandment

In this case verse 22 is quite clear. A damage award was given in this case. However, verses 23 through 25 present a different matter altogether. In this case, the lex talionis (the law of retaliation)—the "eye-for-an eye" principle—worked in this manner. Punishment must match, but not exceed the damage done. In other words, you do not have one-thousand dollars in damages and win one million dollars because of it.

Now if the injury brought about the death of either the child or the mother, the judges would determine whether it was accidental or premeditated, but sometimes the woman might have gotten into something she should not have gotten into and actually brought the problem on herself. In her desire to protect her husband she intervened where she should not have done, and so a judge has to decide. If that occurred and was not considered accidental, then the one causing the death must give his life, and still pay damages as set by the judges. This is further discussed in Numbers 35 and 31 which we did not read. If no death resulted, then damages must be paid by the injuring party according to the "eye-for-an-eye" principle.

Exodus 21:22-25
Excerpted from: Amos (Part Ten)

Now this is the basis for rendering court decisions or judgments. It is the safeguard of equal-handed, even justice: eye for eye, tooth for tooth. What it is saying is that crime and punishment must be equally balanced. Now, it is wrong to think that they literally gouged a person's eye out if that person indeed caused the loss of an eye in another person. That is not what they did. If somebody caused a person to break his leg, they did not put that person's leg over a stump and then whack it with a baseball bat and break his leg. They did not do that kind of thing.

They did basically the same things as we do in our courts. The judge made a decision based upon damage done that was equal to the damage done. That is, he fined the person, or he sentenced the person; he caused that person to have to pay a price or to be incarcerated, or whatever it was that they did. The person who was injured was compensated equal to what the judge felt the injury was worth.

Exodus 21:23-25
Excerpted from: David and the Gibeonites

This has become known as the "eye for an eye principle." It was certainly alive and well in Israel. However, there was a difference between Israel's version and the Gentiles' principle of vengeance or retribution. The Israelite version was a whole lot less absolute. It takes into consideration things like accidental death, and premeditation. It does not require at all times that a person guilty of bloodshed die. It provides the cities of refuge where he could go serve a type of prison sentence—if it was an accidental murder—until the high priest died.

Therefore, there was a different system of justice than what the Gentiles were used to. They had a more bloody and violent system—which often led to blood feuds that may not ever end until a whole family or generation was gone.

Exodus 21:23-27
Excerpted from: Are You Feeling Guilty Of Past Sins?

God's underlying basis for dealing with sin is by the principle of proportionate punishment, in which the punishment fits the crime:

The principle here was that the punishment must match, but not exceed, the damage done. There was a strict limit on the amount of damages anyone could collect. In modern terms it might read: car bumper for car bumper or window for window. No one was to try to get rich off such situations.

Also, this was to be a rule of thumb for the judges, not an authorization of personal vendetta or private retaliation. So there are greater and lesser punishments for greater and lesser sins.

Articles
All About Edom (Part Five): Obadiah and God's Judgment
Are Some Sins Worse Than Others?
Go the Extra Mile
Prepare to Meet Your God! (Part Three)

Booklets
Prepare to Meet Your God! (The Book of Amos) (Part One)

Essays
Deterrence

Sermons
'But I Say to You' (Part Six): Retaliation
Hands That Shed Innocent Blood
Biblical Principles of Justice (Part Two)

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