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We're in Exodus chapter 21. Exodus
chapter 21, we're considering the laws concerning homicide
and bodily injury. So that section is found in chapter
21 at verse 12 to verse 32. And then there's laws concerning
property damage and theft from 21, 33, and following. Remember,
these are concrete applications of the general principles of
the Ten Commandments found in Exodus chapter 20. Exodus chapter
21, one begins with this statement. Now these are the judgments which
you shall set before them. So then it gets into these applications
of the commandments for life in Israel, for life in the civil
polity. They will ultimately go into
the land of Canaan, and they have a law to regulate their
conduct while they are in that land. So I'll read verses 12
to 32, and then our focus tonight will be 22 to 32. So verse 12,
he who strikes a man so that he dies shall surely be put to
death. However, if he did not lie and wait, but God delivered
him into his hand, then I will appoint for you a place where
he may flee. But if a man acts with premeditation against his
neighbor to kill him by treachery, you shall take him from my altar
that he may die. And he who strikes his father
or his mother shall surely be put to death. He who kidnaps
a man and sells him, or if he is found in his hand, shall surely
be put to death. And he who curses his father
or his mother shall surely be put to death. If men contend
with each other, and one strikes the other with a stone or with
his fist, and he does not die but is confined to his bed, if
he rises again and walks about outside with his staff, then
he who struck him shall be acquitted. He shall only pay for the loss
of his time, and shall provide for him to be thoroughly healed.
And if a man beats his male or female servant with a rod, so
that he dies under his hand, he shall surely be punished.
Notwithstanding, if he remains alive a day or two, he shall
not be punished, for he is his property. If men fight and hurt
a woman with child, so that she gives birth prematurely, yet
no harm follows, he shall surely be punished accordingly, as the
woman's husband imposes on him, and he shall pay as the judges
determine. But if any harm follows, then
you shall give life for life, eye for eye, tooth for tooth,
hand for hand, foot for foot, burn for burn, wound for wound,
stripe for stripe. If a man strikes the eye of his
male or female servant and destroys it, he shall let him go free
for the sake of his eye. And if he knocks out the tooth
of his male or female servant, he shall let him go free for
the sake of his tooth. If an ox gores a man or a woman
to death, then the ox shall surely be stoned, and its flesh shall
not be eaten, but the owner of the ox shall be acquitted. But
if the ox tended to thrust with its horn in times past, and it
has been made known to his owner, and he has not kept it confined,
so that it has killed a man or a woman, the ox shall be stoned,
and its owner also shall be put to death. If there is imposed
on him a sum of money, then he shall pay to redeem his life,
whatever is imposed on him. Whether it is gore to son or
gore to daughter, according to this judgment it shall be done
to him. If the ox gores a male or female servant, he shall give
to their master thirty shekels of silver, and the ox shall be
stoned. Amen. Well, as I said, these
are laws concerning homicide and bodily injury. There's a
big difference between life in Chilliwack, British Columbia
in the 21st century versus life in Israel in this second millennium. So, there's going to be some
things I simply don't understand, some of the stuff that deals
with servants and slaves, some of the other particulars involved,
but we're just going to do an overview to try to get the gist
out of these concrete applications of the Ten Commandments in the
judicial laws of Moses. Remember our confession of faith
speaks to the law of God. It says that the moral law is
that which was communicated by God to Adam in the Garden of
Eden, and then it was codified at Sinai in the Ten Commandments. So that moral law is binding
upon all men everywhere. It doesn't matter what covenant
you're under, you're under the moral law. The Ten Commandments
are for everybody, everywhere, at all times. But to Israel he
also gave ceremonial laws which were typical and prefigured and
foreshadowed the coming of the Lord Jesus Christ. Those were
fulfilled by him and therefore abrogated in this new covenant
arena for the people of God. There were also judicial laws
and that's what we're studying here. The application of the
Ten Commandments to civil society. Our Confession speaks to this
and it says that this Law is no longer binding on the people
of God in the New Covenant because of the nature of the theocratic
situation that Israel found themselves in. That is no longer the case,
so therefore judicial law that governed Israel in the land is
no longer binding. The confession does go on to
say that the general equity is of use. So that means the principle
involved that is applicable to our present situation, we can
apply with earnestness from the Old Testament. So as we looked
last week, we saw the prohibition against murder in verses 12 to
14. There we saw the distinction
between murder and manslaughter, or murder and accidental homicide. And the primary emphasis with
reference to murder is lying in wait. premeditation, hatred,
some sort of a malice of forethought involved on the part of one person
to take the life of another. There's accidental homicide,
and the Bible makes that distinction. Not here specifically. It highlights
the premeditation in verse 14, but when you look at Numbers
and you look at Deuteronomy, the concrete example is the axe
head. If I went out to the forest to
chop wood with Mac and my axe head flew off into his head,
then I would not be held liable for murder. I had no malice in
my heart toward Mac. I had no hatred or premeditation.
However, there would be still punishment for me. I would have
to go to one of these cities of refuge and bide my time there
for a season. The reason for that was to discourage
that kind of behavior. In other words, when you live
in a civil polity, you're to exercise responsibility. We see
that same sort of an emphasis tonight, or we will, with reference
to the goring ox. So we've got this distinction
between murder and manslaughter. And then in verses 15 to 17,
you had the prohibition against parental assault and kidnapping. So parental assault is covered
in verse 15, kidnapping in verse 16, and then back to parents
in verse 17. But in terms of the kidnapping,
look at verse 16. He who kidnaps a man and sells
him, or if he is found in his hand. So he can't say, well,
you know, I was just going to move him along. I'm just trafficking
in him, but I'm not going to actually hold on to him. Either
way, any involvement that somebody had in this act of kidnapping
was indeed a capital offense. So with reference to murder,
it's a capital offense. With reference to the assault
of parents, whether the parent dies or not, that is such a grievous
act that it demanded execution. Kidnapping, of course, to steal
a man's liberty, is akin to stealing a man's life, and that's what
the scripture sets forth. And then, of course, somebody
who would curse his father or his mother. Probably not going
to be a contributing member of society. Probably not going to
be an asset to the body politic if he has that kind of a waywardness
with reference to his parents. Then we move to the laws concerning
bodily injury. Verses 18 and 19. The injury
sustained in a fight. If two men fight, one of them
gets injured, the only thing he has recourse to is time lost
at work until such time that he is healed and able to go back
to work. And then the servant law in verses
20 to 21. Injuries sustained by slaves.
Again, difficult in terms of our orientation with reference
to our experience or the most that we know of of slavery as
the shadow slavery that we saw take place in America and Africa,
with reference to verses 20 and 21, the essence of the law is
that a master was culpable, he was responsible. However, if
the servant remained alive, then it was obvious that he never
intended to murder that particular servant, so there is that stipulation
involved. Now we move on to the threat
to a mother and her children in verses 22 to 25. Next, the
punishment of a vicious master in verses 26 to 27. And then
finally, the goring ox of verses 28 to 32. A great name for a
heavy metal band, the goring ox. But if you look first of
all, and this is a passage I hope you're all familiar with, I typically
preach on it, or around it, or at least include it on Sanctity
of Life Sunday, because this does in fact cover not only a
pregnant woman, but the baby in the womb. I was surprised
today to learn that it's International Safe Abortion Day. Didn't know
there was an International Safe Abortion Day, but our Prime Minister
tweeted that with some degree of glee and with the absolute
promise to always protect a person's right to choose, which seemed
a bit ironic in light of the COVID mandates to get vaccines
if you didn't want them. But this passage speaks with
specificity to the issue of abortion. So notice in the first place
the specific situation that is occurring. We already had in
verse 18, if men contend with each other, we drop down to verse
22, we see these same sorts of men in the civil polity that
get into a fight. They get into a fist fight. It
says, if men fight and hurt a woman with child so that she gives
birth prematurely. So most likely she's a pregnant
woman that's a wife of one of the two fools that's out there
brawling on the street. Most likely she could have been
a passerby, but probably one of the guy's wives. So these men fight and they hurt
a woman with child. Now there's a translation issue
that I typically cover when we look at this verse on Sanctity
of Life Sunday. Some of the English translations
translate it this way. If men fight and hurt a woman
with child so that she miscarries, yet no harm follows. At that
point, the yet no harm follows only applies to the woman. No
longer is there a baby because she's miscarried the baby. But
if we understand the passage correctly, we'll understand that
the law specifically speaks not only to the mother, but it speaks
to the baby as well. So if men fight and hurt a woman
with child so that she gives birth prematurely, this is a
good translation, yet no harm follows. So she's given birth
prematurely. So now you've got a mother and
you've got her baby. And no harm follows to either
mother or her baby, then there's a monetary fine affixed to the
particular individual that did that activity. So the text specifically,
or literally, is if man fight and hurt a woman with a child
and her children, it's plural, there was the potential of twins
or triplets or whatever it goes on from there, four, five, six,
a whole heap of children could be in there. If, and her children
come out, yet no harm follows. So the if, or so it goes on to
say later on in verse 23, but if any harm follows. So we're
dealing again with two people. You've got a mother, you've got
her child. There is a specific Hebrew word for miscarriage.
That's not in this passage. That's not the language that's
used. There's also a specific Hebrew word for the product of
a miscarriage, or one that is untimely born. Again, that word
is not present in this particular passage. So to translate it as
miscarriage, or to translate it as one untimely born, would
be wrong or incorrect. The language used here is that
used elsewhere for childbirth. So again, if a man fight and
hurt a woman with child, and her children come out, that language
of coming out is something that you see throughout scripture
in terms of the birth of babies. You can turn to Genesis 35. We'll
go to the ones that we've looked at in the past. Genesis chapter
25. Genesis chapter 25, same sort
of language that's involved here. And again, it's very important
because you've got some English translations that blur the distinction
here, and then basically have a law that protects the woman,
but doesn't protect the pre-born baby, the baby that is born prematurely. If you notice in Genesis chapter
25, at verse 22, The children struggled together
within her. Interesting that the Bible refers
to them as children. And she said, if all is well,
why am I like this? So she went to inquire of the
Lord. And the Lord said to her, two nations are in your womb.
Excuse me, two peoples shall be separated from your body.
One people shall be stronger than the other, and the older
shall serve the younger. So when her days were fulfilled
for her to give birth, indeed there were twins in her womb.
And the first, notice the language, came out red. That's the exact
and precise language that's seen in the judicial law in Exodus
chapter 21. You've got children coming out. You've got the potential or possibility
for twins or triplets to be in a woman's womb. And those children,
because of the result of this fight, she's struck, there's
some sort of trauma, and she goes into labor, and these children
come out, or the child comes out. So the first came out red. He was like a hairy garment all
over, so they called his name Esau. Afterward, his brother
came out, and his hand took hold of Esau's heel. So his name was
called Jacob. You see the same thing over in
chapter 35. chapter 35 at verse 11. The promise made to Abraham,
and to Isaac, and to Jacob in terms of the extension of the
kingdom of God through the seed of Abraham, which is Christ ultimately. So 3511, also God said to me,
I am God Almighty, be fruitful and multiply. A nation and a
company of nations shall proceed from you, shall come out from
you. That's the language that is employed
with reference to childbirth. You see it in chapter 38. Chapter
38, specifically at verses 28 to 30. Chapter 38 at verse 27. Now, it came to pass at the time
for giving birth that, behold, twins were in her womb. And so
it was, when she was giving birth, that the one put out his hand,
and the midwife took a scarlet thread and bound it on his hand,
saying, This one came out first. Then it happened, as he drew
back his hand, that his brother came out unexpectedly, and she
said, How did you break through? this breach be upon you." Therefore,
his name was called Peres. Afterward, his brother came out,
who had the scarlet thread on his hand, and his name was called
Zerah. So, going back to chapter 21
in the book of Exodus, the Scripture uses language that is conspicuous
here to refer to the birth of children. And so, what you have
is a law that protects not only the woman that is struck, but
the child or children that proceed from her womb. Going back to
the law, we see if men fight and hurt a woman with child so
that she gives birth prematurely, yet no harm follows to the woman
or to the new baby, he shall surely be punished accordingly
as the woman's husband imposes on him, and he shall pay as the
judges determine. It's obviously a traumatic experience. That's obviously undue duress. It is definitely distressful
for that particular woman. They didn't have the nursery
set up. Perhaps they didn't have the crib yet. They were still
looking at paint colors and that sort of thing. So there was a
lot of things involved. And so this moron has to pay
because he's caused this kind of a hardship upon this particular
family. But if harm does follow, notice
in verse 23, but if any harm follows, again, to the mother
or to the child that has come out, or the children that have
come out, he then invokes what's called the law of retaliation,
or the lex talionis. Now, that is inserted here, obviously,
for this incident, with reference to the two men fighting that
strike a mother, a woman, that is pregnant, but it's also for
the rest of the law code. So it's there, and it does double
duty. It does business with this particular
situation in verses 22 and 23, but it also sets forth a particular
and abiding principle in terms of penal sanction. So it says,
if any harm follows, then you shall give life for life. Now
notice that, with reference to the unborn baby that comes out
prematurely, if there is harm to that baby or to that mother,
that baby is as much covered in this law as is the mother. Again, it's a law that speaks
with great specificity to the act of abortion. So if any harm
follows, then you shall give life for life. And it's intriguing
because this would be accidental homicide. These two guys fighting
didn't intend to hit a woman. The two guys fighting didn't
intend to cause her to have a premature birth. The two guys fighting
didn't intend for any harm to come to this pregnant woman's
baby. And when we look up in the passage before us, accidental
homicide is usually met with a trip to the city of refuge.
If I let my axe head fly off, it falls into my neighbor's head,
I've killed him, that's wrong, but I'm not a murderer, and so
I'm allowed to go to the city of refuge and I keep my life.
But in this instance of accidental homicide, there is the demand
for execution. There is the demand for that
penal sanction of life for life. And then it goes on in terms
of this law of retaliation to speak to other things. Eye for
eye, tooth for tooth, hand for hand, foot for foot, burn for
burn, wound for wound, stripe for stripe. Now, when we consider
this Lex Talionis, it's probably curious to us to wonder if there
was a particular squad in Israel that had as their job the gouging
out of eyes and the breaking out of teeth. Most likely, that
probably didn't happen. More likely, it's the principle
that is enjoined by this particular statement of law. This giving
of life for life, eye for eye, tooth for tooth, hand for hand,
foot for foot, burn for burn, wound for wound, stripe for stripe,
demands that the punishment must fit the crime. The punishment
must fit the crime. If you look at verses 26 and
27, in the case of a vicious master, the servant doesn't get
to poke out his eye or break out his tooth. The servant gets
to go free. He doesn't have to oblige that
contract that says he's in servitude for six years. So that's one
indicator. But with reference to this principle,
if it were applied literally, there was a great potential for
imbalance. If a one-eyed man gouged out
the eye of another man, then it would be cruel and unusual
punishment ultimately to gouge out the other eye of the criminal
in that particular instance. If it was the case that somebody
burned somebody or gave a stripe, it would be hard to replicate
that just so. with reference to the victim. If the victim had the opportunity
for financial remuneration or the joy of seeing his offender,
the guy who victimized him, if he'd rather have his eye poked
out or his teeth his tooth yanked out. I'm pretty sure that most
likely what is going on here is that emphasis on the punishment
must fit the crime. Matthew Poole makes the observation,
this is a sure and righteous rule. Punishments may be less,
but never should be greater than the fault. So if a one-eyed man
poked out your eye, and then in return you poked out his last
remaining eye, he'd be a whole lot worse off than the punishment
that was fit for him at that particular point. Some of the
older commentators get into this in detail. I think it's worth
reading because I think it's a very helpful discussion to
have. But in terms of this lex talionis, or the law of retaliation,
it was designed to do double duty. In the first place, it
would ensure that we wouldn't have too lenient of sanctions,
right? It would be the case, or it could
be the case, that somebody would get off without due recompense. I think we see that happening
all the time, and I think that that only institutes a challenge
to the morale of the civil polity. So with reference to the law
of retaliation, it would have been a check against leniency
in punishment. Again, too severe is not enjoined
by the law, but leniency is certainly frowned upon. But it would check
severity in punishment as well. When Modern says that far from
promoting unbridled vengeance, the lex talionis prohibits excessive
retaliation. And we can be guilty, maybe you
can't, I shouldn't include you in my sin, I can be guilty of
wanting excessive retaliation. I can be guilty of wanting excessive
punishment for individuals. Now again, that's not necessarily
the worst thing if it is requisite in terms of the violation. But
we need to make sure that we understand that there are principles
of justice and righteousness and equity built into the law
of God, and we're not supposed to be too lenient, but we're
also not supposed to be too harsh either. And so, cruel and unusual
punishment is not honoring to God. In fact, if you turn to
the book of Deuteronomy, Deuteronomy chapter 25, you see an instance
of this. Deuteronomy chapter 25. this is the infliction of corporal
punishment upon a criminal offender in the civil polity of Old Cops
Israel and it demands attention because it demands very much
notice in verse 1 of chapter 25 if there is a judge, the judges
may judge them and they justify the righteous and condemn the
wicked of corporal punishment before we get to people sanctioned
there has to be a proper trial You can't punish people without
a trial. You can't punish people if they
haven't been indicted and arraigned and arrested and read their rights. All those things have to obtain
before you throw somebody into solitary confinement, before
you throw somebody into jail, before you inflict corporal punishment
upon them, or before you inflict capital punishment on them. I
mean, the purges of the Soviet Union under Stalin are famous,
right? I mean, the trial was at the
end of a barrel. That was about all you got, and
that was it. So there had to be a proper trial,
and we notice that there's also proper supervision. They come
to court, that the judges may judge them. They justify the
righteous and condemn the wicked. Notice in verse 2, then it shall
be, if the wicked man deserves to be beaten, that the judge
will cause him to lie down and be beaten in his presence, notice,
according to his guilt, with a certain number of blows. Okay,
you couldn't be overly excessive. Couldn't say, well, you know,
the spirit overtook me. I know we're at 25 and we weren't
supposed to go past that, but yeah, I just got a fresh burst
of energy, so I gave you 15 more. That's unlawful. That's ungodly. It's unrighteous, brethren. Even
at some base level of our hearts, we might rejoice in the reality
that a notorious criminal got perhaps more than he deserved.
We have to abide by the law of God when it comes to these things.
So there is proper proportion. He is beaten in his presence
according to his guilt, and then there is a limitation imposed
upon the punishment with a certain number of blows. And then it
says in verse 3, 40 blows he may give him and no more. And
then notice the rationale, lest he should exceed this and beat
him with many blows above these, and your brother be humiliated
in your sight. So the man still retains the
character of an image bearer. The man still has intrinsic dignity
even as a criminal that's being punished corporally for a particular
crime. And a crime that was probably
pretty bad if he's getting up to 40 lashes with a whip. So this man nevertheless is an
image bearer, he hasn't forfeit that, he hasn't become an animal,
and he does deserve the proper trial, proper supervision, proper
proportion that his punishment deserves, a proper limit with
reference to that punishment, and then dignity maintained on
his behalf. So 40 blows he may give him and
no more, lest he should exceed this and beat him with many blows
above these, and your brother be humiliated in your sight.
We never stop being the creature of God. We never stop being the
image bearer of God. We cannot get to that place of
the animal where we just rejoice in bloodlust and forget all manner
of consistency and discipline relative to the punishment of
criminal offenders. So going back to the law code
in the book of Exodus, we have the lex talionis appended to
or attached to these men fighting and hurting the woman that is
with child, and she gives birth prematurely. So the law protects
the woman, the law protects the baby or babies that come out
of her, and the law does so in a manner that in some sense even
exceeds accidental homicide that is spoken to previously in the
chapter. Not an exceeding in the sense
of, it is a compromise or jeopardizing dignity and justice and all of
that sort of thing. It's just underscoring that protective
nature of God relative to the vulnerable and the weak that
are in society. And then notice in the second
place with reference to the punishment of a vicious master in verses
26 and 27. If a man strikes the eye of his
male or female servant. Notice it's male or female. This isn't just a You know, if
the man gets hurt, well, that's all there is to it. No, the male
or the female. We've got the man, the woman,
and the ignoring ox laws. We've got the child, boy or girl. We've got the slave, the servant.
All of us, all persons, were covered under the provision of
God's law. It wasn't a two-tier society.
It wasn't, well, you know, if you happen to have money, you're
going to be okay. If you don't have money, well,
tough on you. No, the law spoke with equity to various people
groups within Old Covenant Israel. And in verses 26 and 27, we know
or we already have the assumption based on verses 20 and 21, that
it was legit, or the Bible at least recognizes the chastisement
or the discipline of a servant by a master. And so verses 26
and 27 function as a check to that. You can discipline your
servant, but you cannot be excessive. If you are excessive in that
discipline, if you jeopardize the servant's life, if you endanger
that person, if you gouge out an eye, or if you break out a
tooth, you're going to be liable for that. And it's going to affect
you financially. male or female servant and destroys
it, he shall let him go free for the sake of his eye. Remember,
he was obliged to serve for six years, according to chapter 21,
verses one to six. There were rules there governing
the servant-master relationship, and ultimately it was a contractual
obligation wherein the master had the prerogative to provide
room and board and all things necessary to govern the life
of his, or to sustain the life of his servants. Now, when we
look at these particular laws, it's probably the case that most
servants wouldn't jeopardize their property this way. I used
the illustration of a John Deere tractor last week. You wouldn't
pour sand into the gas tank. You wouldn't go out and buy that
beautiful, wonderful machine for, I'm guessing, billions and
billions of dollars and take it home and pour sand in it.
Why would you jeopardize a piece of property that is going to
be useful to you in terms of the management of your land?
Well, why would anybody in their right mind do that with their
servant? Why would you gouge out his eye? Why would you break
out his tooth? But the law is there in the eventuality
that somebody does break that. So we could look at this and
say, wow, that's terrible. There was servanthood in Old
Covenant Israel. Remember last week or last time,
two weeks ago, we considered why were people servants in Old
Covenant Israel? Well, you certainly had foreigners
or pagans or heathens that you would bring into that service.
But within this context, at least in the first part of chapter
21, it seems to be the persons within Israel. Why would an Israelite
be in a servant situation? One, if he was a thief. 22.3
tells us, if a man is caught stealing and he doesn't have
anything to pay back with, then he sells himself into slavery,
indentured servitude, to work off that debt. But as well, a
man could be poor. And if he was poor, he would
sell himself into indentured servitude for a six-year contract. It's not a lot different than
working at an Amazon distribution center. It's not a lot different
than working at, you know, Canada Post. It's a contractual obligation
wherein we get something for services rendered. So this particular
law, we could say, wow, it's terrible that they had servants
in Old Covenant Israel. Yeah, but it's amazing that God
Most High, the living and the true God, has laws built into
His law code to protect them, to keep them, to watch over them,
and to make sure that if there was a vicious master, that God
is jollies out of gouging out eyes and breaking out teeth from
servants, that man would be financially ruined. And so the law speaks
specifically to that particular situation. Even though a servant
was the money of his employer in the sense of being his contractually
obligated property, the right of a master to enforce his contract
with his servant was not absolute. This is Stewart. He says, human
rights were more important. So that's what that text or that's
what that law sets out before us. It's already said that he
is his money or he is his property in chapter 21 at verse 21. So if it is his property, then
he does have that contractual situation with him, but if he
breaks that or he breaks the guy's tooth or gouges out his
eye, then that invalidates that contractual obligation and the
man gets to go free. And then as well, we've got the
goring ox. So the general law or the general
principle is verse 28. If an ox gores a man or a woman
to death, then the ox shall surely be stoned and its flesh shall
not be eaten, but the owner of the ox shall be acquitted. This
kind of goes back to Genesis chapter 9, prior to the statement
concerning capital punishment for humans. In 9.6, 9.5 tells
us, Surely for your lifeblood I will demand a reckoning. From
the hand of every beast I will require it, and from the hand
of man." So if an ox gores a man, and again, this probably wouldn't
happen on a regular basis. I mean, most farm animals are
pretty docile and they do what they're supposed to do, but if
you had one that wasn't castrated and He had a bit of a nasty streak
about him and he saw something that looked intriguing to him.
Well, that just might happen. So again, you're dealing with
a law code where it's most likely the case that people aren't wandering
around day by day poking out eyes and breaking off teeth and
letting their oxen out so they can go gore people. Probably
wasn't like that, but you needed laws on the books for that instance,
or for that particular situation, so you're not left sort of scratching
your head. And of course, these are general
laws as well, from which you could extrapolate other principles
into other specific situations. So, if an ox gores a man or a
woman to death, then the ox shall surely be stoned, its flesh shall
not eaten. But notice, the owner of the
ox shall be acquitted. He didn't kill anybody. He didn't
do it maliciously. He didn't open the gate or send
his ox on a mission of hatred and destruction. Go take out
the Jones family next door. He didn't do that. It was an
accident. It was accidental on his part. Now, why doesn't he get to eat
the animal? Well, probably twofold reason.
One, the death of the animal ensured that the animal wouldn't
gore again. And two, probably punishment. If, you know, there
was some irresponsibility on his part, this would hopefully
discipline it right out of him when he lost that money, when
he lost that meat, when he wasn't able to avail himself of his
capital investment. But the bottom line is, he's
not criminally responsible. But now notice the repeat offense
in verses 29 and following. But if the ox tended to thrust
with its horn in times past, and it has been made known to
his owner, and he has not kept it confined, so that it has killed
a man or a woman, the ox shall be stoned and its owner also
shall be put to death. Notice again, the law covers
man and woman. How many times have you heard,
oh, the Old Testament. Oh, it's so chauvinistic. Oh,
women are second class citizens. That's simply untrue. That's
not the case. We've got the protection of men
and women in the body politic. But in this particular instance,
you've got this one fly that's driving me nuts and flying around
my head here. In this particular instance,
this ox tended to thrust. In times past, it's the case,
what are you going to do? You're going to guard the ox.
You're going to keep it so that it doesn't get out to kill the
next door neighbor. In this particular instance,
you kill the ox at 29. Its owner also shall be put to
death. This would be a case of criminal
negligence. This would be an instance where
you had knowledge that there was a problem with your particular
animal, which this is what the law ultimately speaks to. As
a human being who owns animals, you're supposed to own those
animals and use them in a responsible manner. When you're dealing with
however many pound beasts that have the ability to gore people
to death, there's a certain amount of responsibility that you have
to own for that. So in this instance, he could be executed. He could
be put to death. But then notice the turn in verse
30. The decision of a fine could be made in lieu of execution. There might be mitigating circumstances. So verse 30 builds into the law
a provision for the judges in the future. It may not be a cut
and dry case where the guy had the ox, the ox got out last week,
it gored a neighbor, that ox was, you know, for whatever reason
brought back and nobody found out about it except for the,
they never got the judges involved, and then it got out again and
killed somebody. the eventuality was, or another situation was,
is that time had passed, and that this ox was loaned out to
somebody, and the owner did not give the apparent warning, and
yet, there was a recklessness on the part of the person. Let
me just read Stuart, I think he gets this. It says, the second
part of the verse gave necessary leeway to the judges in complicated
cases. Suppose the bull had tried to
gore someone only once, many years previously. Tried to. If it had, it would have been
dead. Tried to. Many years previously. And someone
had borrowed the bull against the owner's advice and had mistreated
the bull and then was gored to death. Under such circumstances,
a judge might well decide, and this law gave him the freedom
to do so, that the death penalty for the bull's owner would not
be fair, a fine being more appropriate to the actual level of culpability.
Again, when you're dealing with laws, not everything is cotton
dry. It's not always, you know, the black and white situation.
I'm sure that's a challenge to modern judges and modern attorneys
and all that sort of thing. there are things that aren't
always as clear cut. And I think that's the transition
between 29 and 30. If it is a clear cut of criminal
negligence, the man will be executed. If it's not a clear cut case
of criminal negligence, the man may not be executed, but he's
going to be held responsible financially. It's going to cost
him so that he learns his lesson and that he does not do that
sort of a thing again. So 29, if it does, if it tended
to thrust in times past, it was known, the man could be executed. If there are mitigating circumstances,
the judges may impose on him a sum of money. In verse 30,
then he shall pay to redeem his life, whatever is imposed on
him. And then the law again goes to cover those whom we wouldn't
normally think of. You'd think of the adults, you'd
think of the man, you'd think of the woman. But whether it is gore
to son or gore to daughter, according to this judgment, it shall be
done to him. There were other cultures that
didn't regard children. Perhaps they didn't get the rights,
they didn't get the protection. There wasn't equal protection
under the law for the pre-born or for little children. And then
it goes on to deal with the servant. In verse 32, if the ox gores
a male or female servant, he shall give to their master thirty
shekels of silver, and the ox shall be stoned. Again, some
difficulty in terms of the whole idea of the arrangement of having
a servant, but the law speaks to the protection of even servants
in Old Covenant Israel in the eventuality that an ox would
gore them and kill them. Now from here on out, we've got
property damage and theft. So again, some of this stuff
is a bit difficult on this side of it, but hopefully we're getting
the gist of it. The sixth commandment is central
to the commands in this particular section in terms of murder and
manslaughter. When we turn to the next section
concerning property damage and theft, it'll be the eighth commandment. When you get to the laws concerning
sexuality, it's the seventh commandment. You get the general principle,
do not murder. Well, what does that look like
in society? Well, it looks like a man premeditatively sitting,
you know, hiding in a man's bush and murdering him with hatred
in his heart. It looks like criminal negligence
when you have an ox that has the tendency to gore people and
you didn't secure the fence, the leash, or whatever it was
necessary to keep that ox from engaging in that particular activity.
So the general principles are most excellent, it is a reflection
of God's holy will, it is for all men everywhere at all times,
but this gives us that application in terms of civil society. So
from this particular section, or this vantage point, we learn
at least a few things. First, the need for responsible
citizenship. If you're going to live in a
civil polity and you decide to fight on the streets, realize
there are repercussions for that. We are not animals. We don't
just break out in fights without any regard for persons around
us. In verses 18 and 19, if you beat
someone up in a fight and you put him out of work, you might
have some financial responsibility in terms of his inability to
work. If you fight and you hurt a woman that's pregnant and she
gives birth prematurely, that may cost you your life. And so
responsible citizenship is a most important element in terms of
civil society. Obviously, as well, the risk
involved in owning an ox. Oh yeah, it's going to do a lot
of work on the farm, it's going to help you immeasurably, but
with that privilege comes the necessity of tending to it in
such a way that it doesn't hurt or harm another person. We see
in this section as well the potential criminality of negligence. You
could extrapolate this to a whole host of things in our own generation.
I mentioned the whole idea of putting a fence around your swimming
pool so that your neighbor doesn't die, your neighbor kid doesn't
die. Drunk driving. Somebody drinks and drives and
they get caught and then they do it again. Well, you're in
the arena of the goring ox. If you have done this in the
past and you do it again, there's criminal negligence there that
may render you in a world of hurt. So with reference to negligence,
so responsible citizenship, but as well this idea of not being
negligent, spending the few moments to make sure your axe head is
sufficiently attached to the axe handle. making sure that
the fence that surrounds your prize-winning ox with the horn
that is able to bring down armies, make sure that you secure that
beast or else you're going to be in trouble. And then, of course,
we see in all of this the justice and the wisdom of God. Justice
in terms of the reality that in a civil society, there can't
be two or three tiers of justice. There must be law that covers
all men everywhere. There must be law applied consistently
and regularly in a manner that is responsive to the reality
of the needs of civil society, but as well as wisdom. Mentioned
last week, if I was going to plan how to do civil polity,
probably would have never thought of the goring ox. Just going
to tell you the honest truth. Never would have thought of some
of the things that are built in here on this side of the land
of Canaan and their life in the land when this would come to
full fruition and operation. Certainly prior to the actual
entering into the land and taking it and dividing it and all that
sort of thing, they'd have need for a detailed law code. But
all of this reflects the wisdom of God. Not Moses. Moses was
the mediator. This is God's law. This is God's
will. This is God's mind. relative
to the civil polity in Old Covenant Israel. Well, I'll pray, and
then if there's any questions, we can deal with that. Our God
and our Father, we thank you for your word, we thank you for
its clarity, we thank you for the consistency that we find
in both the Old and the New Testament in terms of an emphasis on law.
We know that we're not animals, we are governed, we are regulated,
we have a lawgiver that has called us to a particular type of activity
as creature and as new creatures in Christ Jesus. So help us to
embrace these things, help us to delight in your law, and help
us to glorify you. And we ask through Jesus Christ
our Lord. Amen. Any questions or comments? to both children and the womb. If you show us the ear, the same
as you do with the legs, it shows how God thinks of that. He said,
child, well, you have your womb, but that other passage, too,
just sort of struck me that, you know, it says he chose to
give life for life, which means it was a life in the womb. Yeah. Oh, yeah. You know, contrary
to what these people argue nowadays, that's not until it's born. That's
right. Oh, yeah. No, absolutely. Positively. Yeah. Just the use of the phrase, with
child, in the history of the English language. I think there's
the emphasis on using the word pregnant. That seems to be a
more recent convention. Because even with child, you
see that in Shakespeare, prior eras. So it's just our language
has shifted. And I think it was last Saturday,
I think it was the African young lady that spoke. Oh, you've already
had lunch in it. But there was a luncheon after
the Walk for Life. There was a couple of kids with
scholarships that had presented essays or wanted some sort of
essay context. There was an African girl who read her paper, and
she alluded to how in some cultures somewhere, they didn't even have
a word for abortion until Westerners came into play. They didn't even
have a word for the concept. until people from the outside
brought the concept that doesn't practice. So it's to say that
words matter, language matters in this arena of pro-life ethics. And exactly, the dehumanization
of the babies is what we're dealing with. Yeah, they like to use
the word fetus. And the joke's on that. It means
pre-born baby. Yeah, I'm just following the
link on Newsome's sign that goes to abortion.ca.gov and it talks
about, it ties to abortion, talks about removing pregnancy tissue
from your uterus. There's actually billboards
in California right now that say, if you need an abortion,
come to California, and then quotes a scripture verse. Quotes Jesus. Quotes, love your
neighbor as yourself. If you'd have told me a year
ago that they'd be using scripture to justify abortion, even a year
ago, I'd have said, come on. That's nuisance. It's interesting
in Korea, when a baby's born, it's already one year old. So
they mark birthdays. Makes sense. Well, there's probably more coffee
if anybody wants to have a coffee.
The Laws Concerning Homicide and Bodily Injury, Part 2
Series Studies in Exodus
| Sermon ID | 92922346586579 |
| Duration | 48:21 |
| Date | |
| Category | Bible Study |
| Bible Text | Exodus 21:22-32 |
| Language | English |
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