Exodus 20.22-22.15

The Laws: of Altar and Property

The Law Concerning the Altar / The Law Concerning Slaves / The Law Concerning Violence / Laws Concerning Property / Laws of Restitution

Here we are at a very legalistic section of the bible, one that primarily deals with laws instead of stories. I have been thinking of a way to read this as a piece of literature, rather than a legal text. I admit that I do not have many great ideas right now, but bear with me - I will find something. Also, it might be interesting just to read these laws and prohibitions in order to discover what the author does and does not value.

Here is a bit of literature, though. This section appears soon after Jethro's advice to Moses regarding laws. Though these laws are coming down to Moses, this is the first time the reader is being exposed to them in their entirety. Just as Moses reveals the law to the people, the biblical authors reveal the law to the reader.

The Law Concerning the Altar: Exodus 20.22-26

The Israelites have seen God speaking with Moses. The Lord then gives laws concerning the altar:

No gods of silver or gold "alongside" God. All that is needed is an altar made of earth on which sacrifices will be offered. The altar can be made of stone, but they should not be hewn stones; a chisel will profane the altar.

Interesting: "In every place where I cause my name to be remembered I will come to you and bless you" (Ex. 20.24). This means that for the moment there is no central Temple; God may be worshipped anywhere that an altar is made for him. Later on, God will change his mind on this.

Also interesting: There should be no steps leading up to the altar, to prevent the sacrificer's nakedness being exposed. This differentiates Israelite cultic practices from other peoples in that there is to be no sexual aspect to any worship. The blessing of fertility, already granted by God, does not need to be invoked by the people through practice.

The Law Concerning Slaves: Exodus 21.1-11

Slavery was a profession for the ancient Hebrews, a way of paying off one's debt. Here are the laws related to this profession:

A male Hebrew slaves should serve six years. In the seventh he should go free, without debt. If he comes in single, he should leave single. If he comes in married, he should leave married. If his master gives the slave a wife while the slave is at his master's service, the slaves goes free alone, while the master retains the woman and any children she bore. [By this last decree, the law seems to protect the masters' interest rather than the slave's].

If a slave loves his master, wife and children such that he wants to remain a slave, the master shall bring him to a door or doorpost and pierce the slave's ear with an awl. The slave shall then serve his master for life. [Implicit, perhaps, is that the blood will remain on the doorpost as a sign of the slave's bondage within the house.]

Daughters are to be treated differently. If a man sells his daughter as a slave [read: concubine], and she does not please her master, he shall let her he be redeemed and may not sell her to a foreign people. If the master gives the slave to his son as a concubine, he will treat her as a daughter.

A man who takes a concubine should treat the first wife as before, without diminishing her food, clothing, or marital rights. If he does not follow through with these three things, she will leave "wihtout debt, without payment of money" (Ex. 21.11).

The Law Concerning Violence: Exodus 21.12-27

Killing is punishable by death. If it was not premeditated, but rather came about by an act of God, God will appoint a place the killer may flee to. But anyone who kills by treachery and clings to an altar for protection will be killed. [Both altars and designated cities seem to be sanctuaries.]

[Let's think back to a murderer that received protection: Cain. He was protected not because he fled to a certain city, but because he was identified with a mark. In his case, however, the murder seems to be premeditated, so had this law existed during his time, he would not have received protection.]

Whoever strikes (not kills, but strikes) or curses his father or mother will be put to death.

Whoever kidnaps a person (whether or not sold as a slave) will be put to death. [Remember the Jacob story? His brothers were lucky this legislation was not in effect.]

If one man strikes another such that the man is injured though not dead, and recovers so that he can walk with a staff, the assailant shall pay for time lost and arrange for full recovery, but otherwise be free of liability.

If a slave owner strikes a male or female slave with a rod and the slave dies immediately, the owner shall be punished. [The punishment is not specified.] If the slave survives a day or two [and then dies? - it is not specified] there is no punishment. [Again, this legislation protects the slave owner, who owns the slave as property.]

When people who are fighting injure a pregnant woman and cause a miscarriage, but she is otherwise alright, the responsible party shall be fined what the woman's husband demands, a price determined by a judge. Any harm that follows shall require "life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe" (Ex 21.23-25).

When a slave owner destroys the eye of or knocks out a tooth of a male or female slave, the owner shall let the slave go free as compensation for the eye or tooth. [Isn't that strange? A master owns a slave, but a slave owns his body parts. Furthermore, these body parts are equivalent to the price of freedom! But if the slave is only injured, there is to be no reparation.]

Laws Concerning Property: Exodus 21.28-36

An ox that gores a person to death should be stoned and not eaten, though the owner of the ox will not be liable.

An ox that has gored in the past and is not restrained by its owner should be stoned if it kills a man, woman, or child, and the owner shall be put to death unless he pays a ransom. If this ox gores a male or female slave, the owner shall pay the slave's owner 30 shekels of silver and the ox shall be stoned.

If someone leaves a pit open and an ox or donkey falls into it, the owner of the pit shall pay a restitution to the animal's owner, but keep the dead animal. [There is nothing about eating the animal.]

If one ox hurts another, the owners shall split the dead ox and sell the live one, dividing its price. But if the ox is known to have gored in the past, and is not restrained by its owner, the owner should restore the killed ox, but keep the dead one.

Laws of Restitution: Exodus 22.1-15

Someone who steals an ox or sheep who slaughters or sells it, shall make a restitution of five ox for an ox, four sheep for a sheep, if discovered. If unable to do so, the thief shall be sold. If an animal is found alive in a thief's possession, the thief will pay double.

No blood-guilt will be incurred if a thief is found breaking in to a home and is beaten to death before sunrise. After sunrise, blood-guilt will be incurred.

If someone causes a field or vineyard to be grazed over, or lets his livestock graze in someone else's field, that person shall make restitution with the best of his field or vineyard.

One who makes a fire that consumes collected grain or a field shall make full restitution.

If someone gives a neighbor money or goods for safe keeping, and they are stolen, the thief will pay double if caught. If the thief is not caught, the owner of the house shall be brought before God to determine whether the owner stole the goods.

Disputes of ownership involving oxen, donkeys, sheep, clothing, or other items shall be brought before God. The one that God condemns shall pay the other double. [How condemnation is determined, I have no idea.]

If any animal is given to another for safekeeping, and it dies or is injured or is carried off, and there is no witness, an oath shall be given before the Lord. If the oath is made, the owner shall accept the oath, and no restitution is required. If the animal is stolen, the owner shall make restitution. If it is mangled by beasts, restitution shall not be made. [I am unclear as to the difference between an animal being "carried off" and "stolen."]

One who borrows an animal that dies shall make full restitution to the owner if the owner was absent. If the owner was present, no restitution is required. If the animal was hired, only the hiring fee is due.

Tomorrow: Social and religious laws.