by jimwalton » Tue Jul 03, 2018 2:36 pm
Ex. 21.21. First of all, it's casuistic law—hypothetical situations to guide a judge. There is no indication that such things are actually happening. Second, it is considered within the rights of the owner to discipline the servant. Third, the passage affirms the servant's full personhood. He is not a "thing," but a human being to be treated with dignity. If the servant "recovers" (again, case law), the implication is that it was disciplinary, not a real beating. The guidance for the judge is that the owner is not to be punished if there was no real harm. If there was harm, the slave is to go free (Ex. 21.26-27), and if there is death the owner is to be executed (Ex. 21.12, 20).
This law is protective of slaves. They cannot be beaten without repercussion. It is not protecting the abuser. If there is injury, the slave goes free. If there is death, the owner is executed.
Remember that the slave text is in the same context as the pregnant woman text. The case law was considered to be similar, so what it says about the preggo woman is also true for the slave. It's all part of the same category of "personal injuries." Those responsible for injury—any injury, whether fetus, baby, slave, animal, parent, or friend (please read Ex. 21.12-36 to get the flow)—are punished for that injury.
Therefore, the book is NOT literally protecting an abuser. The book is protecting the victim, the innocent, and the underdogs.
Ex. 21.21. First of all, it's casuistic law—hypothetical situations to guide a judge. There is no indication that such things are actually happening. Second, it is considered within the rights of the owner to discipline the servant. Third, the passage affirms the servant's full personhood. He is not a "thing," but a human being to be treated with dignity. If the servant "recovers" (again, case law), the implication is that it was disciplinary, not a real beating. The guidance for the judge is that the owner is not to be punished if there was no real harm. If there was harm, the slave is to go free (Ex. 21.26-27), and if there is death the owner is to be executed (Ex. 21.12, 20).
This law is protective of slaves. They cannot be beaten without repercussion. It is not protecting the abuser. If there is injury, the slave goes free. If there is death, the owner is executed.
Remember that the slave text is in the same context as the pregnant woman text. The case law was considered to be similar, so what it says about the preggo woman is also true for the slave. It's all part of the same category of "personal injuries." Those responsible for injury—any injury, whether fetus, baby, slave, animal, parent, or friend (please read Ex. 21.12-36 to get the flow)—are punished for that injury.
Therefore, the book is NOT literally protecting an abuser. The book is protecting the victim, the innocent, and the underdogs.