by jimwalton » Tue May 07, 2019 12:56 pm
You misunderstand the Torah. First of all, it's not legislation. The Torah is a covenant agreement between the suzerain (God) and His people (the Israelites). Rather than serve as legislation, its point was to establish a reputation for YHWH as a patron of order. It describes how the Israelite people should maintain their culture's conception of order in a vassal relationship with their deity. Therefore, to see Ex. 21.20-21 as justification for God allowing Israel to beat their slaves is a sweeping misunderstanding of the Torah.
Second, the Torah is instruction in wisdom instead of legislation. God is not telling His people how to act or what to do, but instead how to be wise and just. Exodus 21.20-21 is neither law about nor permission for nor justification of beating. To see it as such is an outlandish distortion of the intent of the text.
Third, if anything, the Torah is more casuistic (hypothetical situations to give wisdom to the judge) rather than apodictic (rules about what a judge is required to do). As such, we cannot view Ex. 21.20-21 as a real situation, let alone a justifiable one. In the Israelite law codes, case law assumes the equality of all citizens and thus punishment for crime is not hindered or magnified based on class or wealth.
Fourth, the verse is neither giving permission to the man to beat a slave nor justifying it. The whole section is about forfeiture and restitution. What it is saying is that the master is accountable for his actions. If his slave is incapacitated, the master has injured his own pocketbook (Ex. 21.21, his own "money"); if his slave is injured, the master is held to appropriate punishment (Ex. 21.23-25) and the slave is to go free (Ex. 21.26-27); if the slave dies, the master is to be executed (Ex. 21.20). The text neither allows masters to beat their slaves nor justifies such behavior.
Fifth, because the Torah is wisdom-oriented, casuistic, and is covenantal rather than legislative, your accusation is misguided. The uncertainties in the terms in the verses and the situations surrounding the hypothetical beating make it difficult to construct what has happened with any confidence, which jeopardizes any attempt to derive the principles you have from the scenario.
Sixth, ancient judges were not expected to consult previous cases or books of legislation in preparation for making their decisions, as lawyers and judges do today. There is no example of such in the entire ancient world. Instead, the Torah was given to instruct people in wisdom so they could use their heads and common sense to make wise decisions that contributed to order in the community/nation and to maintain the functional order that God had built into creation.
To sum all this up, a judge was supposed to use his common sense to evaluate the situation according to principles of justice, order, the good of the community, and the covenant relationship with God to rule wisely in what has been appropriate or unfair in the master's treatment of the slave. Generally speaking, in ancient Israel slaves were primarily debt slaves and not chattel. In general, Israel was warned against chattel slavery because they themselves had been slaves. Slaves were regarded as persons and not as property. Beating of people was generally not an approved or justifiable action. A master beating his slave was generally not viewed positively. Injury would be retributed upon the perpetrator by some appropriate means. As we look at the whole Torah for what it is teaching, there is no reason to regard Exodus 21.20-21 as allowing, approving, or justifying the beating of slaves.
You misunderstand the Torah. First of all, it's not legislation. The Torah is a covenant agreement between the suzerain (God) and His people (the Israelites). Rather than serve as legislation, its point was to establish a reputation for YHWH as a patron of order. It describes how the Israelite people should maintain their culture's conception of order in a vassal relationship with their deity. Therefore, to see Ex. 21.20-21 as justification for God allowing Israel to beat their slaves is a sweeping misunderstanding of the Torah.
Second, the Torah is instruction in wisdom instead of legislation. God is not telling His people how to act or what to do, but instead how to be wise and just. Exodus 21.20-21 is neither law about nor permission for nor justification of beating. To see it as such is an outlandish distortion of the intent of the text.
Third, if anything, the Torah is more casuistic (hypothetical situations to give wisdom to the judge) rather than apodictic (rules about what a judge is required to do). As such, we cannot view Ex. 21.20-21 as a real situation, let alone a justifiable one. In the Israelite law codes, case law assumes the equality of all citizens and thus punishment for crime is not hindered or magnified based on class or wealth.
Fourth, the verse is neither giving permission to the man to beat a slave nor justifying it. The whole section is about forfeiture and restitution. What it is saying is that the master is accountable for his actions. If his slave is incapacitated, the master has injured his own pocketbook (Ex. 21.21, his own "money"); if his slave is injured, the master is held to appropriate punishment (Ex. 21.23-25) and the slave is to go free (Ex. 21.26-27); if the slave dies, the master is to be executed (Ex. 21.20). The text neither allows masters to beat their slaves nor justifies such behavior.
Fifth, because the Torah is wisdom-oriented, casuistic, and is covenantal rather than legislative, your accusation is misguided. The uncertainties in the terms in the verses and the situations surrounding the hypothetical beating make it difficult to construct what has happened with any confidence, which jeopardizes any attempt to derive the principles you have from the scenario.
Sixth, ancient judges were not expected to consult previous cases or books of legislation in preparation for making their decisions, as lawyers and judges do today. There is no example of such in the entire ancient world. Instead, the Torah was given to instruct people in wisdom so they could use their heads and common sense to make wise decisions that contributed to order in the community/nation and to maintain the functional order that God had built into creation.
To sum all this up, a judge was supposed to use his common sense to evaluate the situation according to principles of justice, order, the good of the community, and the covenant relationship with God to rule wisely in what has been appropriate or unfair in the master's treatment of the slave. Generally speaking, in ancient Israel slaves were primarily debt slaves and not chattel. In general, Israel was warned against chattel slavery because they themselves had been slaves. Slaves were regarded as persons and not as property. Beating of people was generally not an approved or justifiable action. A master beating his slave was generally not viewed positively. Injury would be retributed upon the perpetrator by some appropriate means. As we look at the whole Torah for what it is teaching, there is no reason to regard Exodus 21.20-21 as allowing, approving, or justifying the beating of slaves.