如何對待奴僕

21 「你要向百姓頒佈下列法令。 你若買一個希伯來人當奴僕,他必須服侍你六年,到第七年便可以獲得自由,不用支付任何贖金。 倘若買他的時候,他是單身,那麼期滿的時候,他可以單身離開。如果他跟妻子一同被買,就可以帶妻子一起離開。 倘若主人給他娶了妻,妻子生了兒女,那麼期滿的時候,他只能單獨離開,他的妻兒要歸主人。 倘若奴僕說,『我愛我的主人和我的妻子兒女,我不願意離開他們做自由人。』 主人就要帶他到審判官面前,讓他靠著門或門框,用錐子為他穿耳洞。這樣,他就要永遠服侍主人。 倘若有人把女兒賣為奴婢,她不可像男僕那樣離開。 倘若買她的主人本想把她留在身邊,後來卻不喜歡她,就應當讓她贖身。主人無權把她轉賣給外族人,因為是主人對她不守信用。 倘若是買來給自己的兒子,就要把她當作自己的女兒一般看待。 10 倘若有人娶了奴婢為妻,後來又另娶,他還是要照常供給她飯食和衣服,並履行同房的義務。 11 倘若主人不履行以上的三個條件,奴婢就可以隨時離開,不用繳付任何贖金。

如何處理人身傷害

12 「打人致死的,必須被處死。 13 倘若不是故意殺人,而是上帝許可那人死在他手裡,他就可以逃往我指定的地方。 14 倘若是蓄意殺人,就算他逃到我的祭壇那裡,也要把他拉出來處死。 15 毆打父母的,必須被處死。 16 綁架他人販賣或自用的,必須被處死。 17 咒罵父母的,必須被處死。 18 倘若鬥毆時一方用拳頭或石塊致另一方受傷、躺臥在床,但不至於死, 19 日後能起床扶著拐杖走路,傷人者便不算有罪,但要賠償受傷者停工期間的損失,並要負責醫好他。

20 「倘若有人用棍子打他的僕婢,導致他們當場死亡,他必須受懲罰。 21 倘若傷者過了一兩天才死去,主人就可免刑,因為死者是他的財產。 22 倘若有人彼此鬥毆,傷了孕婦,導致早產,但未造成其他傷害,傷人者要按她丈夫所要求的金額,經審判官判定以後,如數賠償。 23 倘若孕婦身體其他部位也受了傷,傷人者就要以命償命, 24 以眼還眼,以牙還牙,以手還手,以腳還腳, 25 以燒傷還燒傷,以創傷還創傷,以毆打還毆打。

26 「主人若打壞僕婢的一隻眼睛,就要因僕婢眼睛受傷而使僕婢得自由。 27 同樣,倘若他打掉了僕婢的一顆牙齒,也要因此而釋放他。

28 「倘若有牛牴死了人,要用石頭打死那頭牛,並且不可吃牠的肉,牛的主人可算無罪。 29 但倘若牛常常用角傷人,並且已經有人向牛的主人投訴,他卻不拴好牛,以致牛牴死了人,就要用石塊打死牛,並處死主人。 30 若判他以罰款抵命,不論金額多少,他都得照付。 31 牛若牴死了別人的兒女,也要照以上的條例辦理。 32 牛若牴死了別人的僕婢,牛的主人要賠三百三十克銀子[a]給那僕婢的主人,並要用石頭打死牛。 33 倘若有人打開井蓋或挖了井後不把井口蓋好,以致有牛或驢掉進井裡, 34 井的主人就要賠償牲畜的主人,死牲畜則歸井的主人。 35 倘若某人的牛牴死了別人的牛,兩家的主人就要賣掉活牛,平分所得,同時也要平分那頭死掉的牛。 36 倘若素知牛好牴,主人卻沒有拴好牠,他就要以牛還牛,死牛則歸他。

Footnotes

  1. 21·32 三百三十克銀子約是當時一個奴僕的身價。

如何对待奴仆

21 “你要向百姓颁布下列法令。 你若买一个希伯来人当奴仆,他必须服侍你六年,到第七年便可以获得自由,不用支付任何赎金。 倘若买他的时候,他是单身,那么期满的时候,他可以单身离开。如果他跟妻子一同被买,就可以带妻子一起离开。 倘若主人给他娶了妻,妻子生了儿女,那么期满的时候,他只能单独离开,他的妻儿要归主人。 倘若奴仆说,‘我爱我的主人和我的妻子儿女,我不愿意离开他们做自由人。’ 主人就要带他到审判官面前,让他靠着门或门框,用锥子为他穿耳洞。这样,他就要永远服侍主人。 倘若有人把女儿卖为奴婢,她不可像男仆那样离开。 倘若买她的主人本想把她留在身边,后来却不喜欢她,就应当让她赎身。主人无权把她转卖给外族人,因为是主人对她不守信用。 倘若是买来给自己的儿子,就要把她当作自己的女儿一般看待。 10 倘若有人娶了奴婢为妻,后来又另娶,他还是要照常供给她饭食和衣服,并履行同房的义务。 11 倘若主人不履行以上的三个条件,奴婢就可以随时离开,不用缴付任何赎金。

如何处理人身伤害

12 “打人致死的,必须被处死。 13 倘若不是故意杀人,而是上帝许可那人死在他手里,他就可以逃往我指定的地方。 14 倘若是蓄意杀人,就算他逃到我的祭坛那里,也要把他拉出来处死。 15 殴打父母的,必须被处死。 16 绑架他人贩卖或自用的,必须被处死。 17 咒骂父母的,必须被处死。 18 倘若斗殴时一方用拳头或石块致另一方受伤、躺卧在床,但不至于死, 19 日后能起床扶着拐杖走路,伤人者便不算有罪,但要赔偿受伤者停工期间的损失,并要负责医好他。

20 “倘若有人用棍子打他的仆婢,导致他们当场死亡,他必须受惩罚。 21 倘若伤者过了一两天才死去,主人就可免刑,因为死者是他的财产。 22 倘若有人彼此斗殴,伤了孕妇,导致早产,但未造成其他伤害,伤人者要按她丈夫所要求的金额,经审判官判定以后,如数赔偿。 23 倘若孕妇身体其他部位也受了伤,伤人者就要以命偿命, 24 以眼还眼,以牙还牙,以手还手,以脚还脚, 25 以烧伤还烧伤,以创伤还创伤,以殴打还殴打。

26 “主人若打坏仆婢的一只眼睛,就要因仆婢眼睛受伤而使仆婢得自由。 27 同样,倘若他打掉了仆婢的一颗牙齿,也要因此而释放他。

28 “倘若有牛抵死了人,要用石头打死那头牛,并且不可吃它的肉,牛的主人可算无罪。 29 但倘若牛常常用角伤人,并且已经有人向牛的主人投诉,他却不拴好牛,以致牛抵死了人,就要用石块打死牛,并处死主人。 30 若判他以罚款抵命,不论金额多少,他都得照付。 31 牛若抵死了别人的儿女,也要照以上的条例办理。 32 牛若抵死了别人的仆婢,牛的主人要赔三百三十克银子[a]给那仆婢的主人,并要用石头打死牛。 33 倘若有人打开井盖或挖了井后不把井口盖好,以致有牛或驴掉进井里, 34 井的主人就要赔偿牲畜的主人,死牲畜则归井的主人。 35 倘若某人的牛抵死了别人的牛,两家的主人就要卖掉活牛,平分所得,同时也要平分那头死掉的牛。 36 倘若素知牛好抵,主人却没有拴好它,他就要以牛还牛,死牛则归他。

Footnotes

  1. 21:32 三百三十克银子约是当时一个奴仆的身价。

Chapter 21

Laws Regarding Slaves. These are the ordinances[a] you shall lay before them. (A)When you purchase a Hebrew slave,[b] he is to serve you for six years, but in the seventh year he shall leave as a free person without any payment. If he comes into service alone, he shall leave alone; if he comes with a wife, his wife shall leave with him. But if his master gives him a wife and she bears him sons or daughters, the woman and her children belong to her master and the man shall leave alone. If, however, the slave declares, ‘I love my master and my wife and children; I will not leave as a free person,’ his master shall bring him to God[c] and there, at the door or doorpost, he shall pierce his ear with an awl, thus keeping him as his slave forever.

When a man sells his daughter as a slave, she shall not go free as male slaves do. But if she displeases her master, who had designated her[d] for himself, he shall let her be redeemed. He has no right to sell her to a foreign people, since he has broken faith with her. If he designates her for his son, he shall treat her according to the ordinance for daughters. 10 If he takes another wife, he shall not withhold her food, her clothing, or her conjugal rights. 11 If he does not do these three things for her, she may leave without cost, without any payment.

Personal Injury. 12 [e]Whoever strikes someone a mortal blow must be put to death.(B) 13 However, regarding the one who did not hunt another down, but God caused death to happen by his hand, I will set apart for you a place to which that one may flee. 14 But when someone kills a neighbor after maliciously scheming to do so, you must take him even from my altar and put him to death. 15 Whoever strikes father or mother shall be put to death.[f]

16 A kidnapper, whether he sells the person or the person is found in his possession, shall be put to death.(C)

17 Whoever curses[g] father or mother shall be put to death.(D)

18 When men quarrel and one strikes the other with a stone or with his fist, not mortally, but enough to put him in bed, 19 the one who struck the blow shall be acquitted, provided the other can get up and walk around with the help of his staff. Still, he must compensate him for his recovery time and make provision for his complete healing.

20 When someone strikes his male or female slave with a rod so that the slave dies under his hand, the act shall certainly be avenged. 21 If, however, the slave survives for a day or two, he is not to be punished, since the slave is his own property.

22 [h]When men have a fight and hurt a pregnant woman, so that she suffers a miscarriage, but no further injury, the guilty one shall be fined as much as the woman’s husband demands of him, and he shall pay in the presence of the judges. 23 (E)But if injury ensues, you shall give life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, stripe for stripe.

26 When someone strikes his male or female slave in the eye and destroys the use of the eye, he shall let the slave go free in compensation for the eye. 27 If he knocks out a tooth of his male or female slave, he shall let the slave go free in compensation for the tooth.

28 When an ox gores a man or a woman to death, the ox must be stoned; its meat may not be eaten. The owner of the ox, however, shall be free of blame. 29 But if an ox was previously in the habit of goring people and its owner, though warned, would not watch it; should it then kill a man or a woman, not only must the ox be stoned, but its owner also must be put to death. 30 If, however, a fine is imposed on him, he must pay in ransom[i] for his life whatever amount is imposed on him. 31 This ordinance applies if it is a boy or a girl that the ox gores. 32 But if it is a male or a female slave that it gores, he must pay the owner of the slave thirty shekels of silver, and the ox must be stoned.

Property Damage. 33 When someone uncovers or digs a cistern and does not cover it over again, should an ox or a donkey fall into it, 34 the owner of the cistern must make good by restoring the value of the animal to its owner, but the dead animal he may keep.

35 When one man’s ox hurts another’s ox and it dies, they shall sell the live ox and divide this money as well as the dead animal equally between them. 36 But if it was known that the ox was previously in the habit of goring and its owner would not watch it, he must make full restitution, an ox for an ox; but the dead animal he may keep.

37 When someone steals an ox or a sheep and slaughters or sells it, he shall restore five oxen for the one ox, and four sheep for the one sheep.(F)

Footnotes

  1. 21:1 Ordinances: judicial precedents to be used in settling questions of law and custom. More than half of the civil and religious laws in this collection (20:22–23:33), designated in 24:7 as “the book of the covenant,” have parallels in the cuneiform laws of the ancient Near East. It is clear that Israel participated in a common legal culture with its neighbors.
  2. 21:2 Slave: an Israelite could become a slave of another Israelite as a means of paying a debt, or an Israelite could be born into slavery due to a parent’s status as a slave. Here a time limit is prescribed for such slavery; other stipulations (vv. 20–21, 26–27) tried to reduce the evils of slavery, but slavery itself is not condemned in the Old Testament.
  3. 21:6 To God: the ritual of the piercing of the slave’s ear, which signified a lifetime commitment to the master, probably took place at the door of the household, where God as protector of the household was called upon as a witness. Another possible location for the ritual would have been the door of the sanctuary, where God or judges would have witnessed the slave’s promise of lifetime obedience to his master.
  4. 21:8 Designated her: intended her as a wife of second rank.
  5. 21:12–14 Unintentional homicide is to be punished differently from premeditated, deliberate murder. One who kills unintentionally can seek asylum by grasping the horns of the altar at the local sanctuary. In later Israelite history, when worship was centralized in Jerusalem, cities throughout the realm were designated as places of refuge. Apparently the leaders of the local community were to determine whether or not the homicide was intentional.
  6. 21:15 The verb used most often signifies a violent, sometimes deadly, attack. The severe penalty assigned is intended to safeguard the integrity of the family.
  7. 21:17 Curses: not merely an angrily uttered expletive at one’s parents, but a solemn juridical formula of justifiable retribution which was considered to be legally binding and guaranteed by God.
  8. 21:22–25 This law of talion is applied here in the specific case of a pregnant woman who, as an innocent bystander, is injured by two fighting men. The law of talion is not held up as a general principle to be applied throughout the book of the covenant. (But see note on Lv 24:19–20.) Here this principle of rigorous accountability aimed to prevent injury to a woman about to give birth by apparently requiring the assailant to have his own wife injured as she was about to bring new life into his family. However, it is debatable whether talion was ever understood or applied literally in Israel. In his Sermon on the Mount, Jesus challenges his audience to find a deeper form of justice than the supposed equilibrium offered by talion (Mt 5:38–40).
  9. 21:30 Ransom: the amount of money or material goods required to restore the relationship between the relatives of the victim and the negligent owner of the goring ox.

21 “These are the laws(A) you are to set before them:

Hebrew Servants(B)(C)

“If you buy a Hebrew servant,(D) he is to serve you for six years. But in the seventh year, he shall go free,(E) without paying anything. If he comes alone, he is to go free alone; but if he has a wife when he comes, she is to go with him. If his master gives him a wife and she bears him sons or daughters, the woman and her children shall belong to her master, and only the man shall go free.

“But if the servant declares, ‘I love my master and my wife and children and do not want to go free,’(F) then his master must take him before the judges.[a](G) He shall take him to the door or the doorpost and pierce(H) his ear with an awl. Then he will be his servant for life.(I)

“If a man sells his daughter as a servant, she is not to go free as male servants do. If she does not please the master who has selected her for himself,[b] he must let her be redeemed. He has no right to sell her to foreigners, because he has broken faith with her. If he selects her for his son, he must grant her the rights of a daughter. 10 If he marries another woman, he must not deprive the first one of her food, clothing and marital rights.(J) 11 If he does not provide her with these three things, she is to go free, without any payment of money.

Personal Injuries

12 “Anyone who strikes a person with a fatal blow is to be put to death.(K) 13 However, if it is not done intentionally, but God lets it happen, they are to flee to a place(L) I will designate. 14 But if anyone schemes and kills someone deliberately,(M) that person is to be taken from my altar and put to death.(N)

15 “Anyone who attacks[c] their father or mother is to be put to death.

16 “Anyone who kidnaps someone is to be put to death,(O) whether the victim has been sold(P) or is still in the kidnapper’s possession.

17 “Anyone who curses their father or mother is to be put to death.(Q)

18 “If people quarrel and one person hits another with a stone or with their fist[d] and the victim does not die but is confined to bed, 19 the one who struck the blow will not be held liable if the other can get up and walk around outside with a staff; however, the guilty party must pay the injured person for any loss of time and see that the victim is completely healed.

20 “Anyone who beats their male or female slave with a rod must be punished if the slave dies as a direct result, 21 but they are not to be punished if the slave recovers after a day or two, since the slave is their property.(R)

22 “If people are fighting and hit a pregnant woman and she gives birth prematurely[e] but there is no serious injury, the offender must be fined whatever the woman’s husband demands(S) and the court allows. 23 But if there is serious injury, you are to take life for life,(T) 24 eye for eye, tooth for tooth,(U) hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise.

26 “An owner who hits a male or female slave in the eye and destroys it must let the slave go free to compensate for the eye. 27 And an owner who knocks out the tooth of a male or female slave must let the slave go free to compensate for the tooth.

28 “If a bull gores a man or woman to death, the bull is to be stoned to death,(V) and its meat must not be eaten. But the owner of the bull will not be held responsible. 29 If, however, the bull has had the habit of goring and the owner has been warned but has not kept it penned up(W) and it kills a man or woman, the bull is to be stoned and its owner also is to be put to death. 30 However, if payment is demanded, the owner may redeem his life by the payment of whatever is demanded.(X) 31 This law also applies if the bull gores a son or daughter. 32 If the bull gores a male or female slave, the owner must pay thirty shekels[f](Y) of silver to the master of the slave, and the bull is to be stoned to death.

33 “If anyone uncovers a pit(Z) or digs one and fails to cover it and an ox or a donkey falls into it, 34 the one who opened the pit must pay the owner for the loss and take the dead animal in exchange.

35 “If anyone’s bull injures someone else’s bull and it dies, the two parties are to sell the live one and divide both the money and the dead animal equally. 36 However, if it was known that the bull had the habit of goring, yet the owner did not keep it penned up,(AA) the owner must pay, animal for animal, and take the dead animal in exchange.

Footnotes

  1. Exodus 21:6 Or before God
  2. Exodus 21:8 Or master so that he does not choose her
  3. Exodus 21:15 Or kills
  4. Exodus 21:18 Or with a tool
  5. Exodus 21:22 Or she has a miscarriage
  6. Exodus 21:32 That is, about 12 ounces or about 345 grams