Sermon

Just Laws for a Fallen World: Personal Injury Laws

Trinity Cambridge Church

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  1. Good morning, everyone. If you have your Bibles with you, please turn in them to Exodus chapter 21.

    Exodus 21 chapter mention

  2. If you don't have a Bible, please raise your hand and we'll have someone grab one cup and bring it over to you that you can use.

  3. Exodus 21, we're going to be in verses 12 to 32.

  4. Let me pray for the reading and preaching of God's Word.

  5. Heavenly Father, we honor you this morning by inclining and submitting ourselves to your Word.

  6. Address us now. Speak to us.

  7. Impress upon us the inestimable value of human life that you speak of here in this passage.

  8. And renew in us a sense of wonder at the precious life of your Son, Jesus, who gave us life that we might live.

  9. Give us understanding as we go through this complex passage.

  10. Help me to speak clearly.

  11. Give us all focus and understanding.

  12. In Jesus' name we ask. Amen.

  13. If you are able, please stand for the reading of God's Word from Exodus 21, verses 12 to 32.

    Exodus 21:12–32

  14. Whoever strikes a man so that he dies shall be put to death.

  15. Whoever strikes his father or his mother shall be put to death.

  16. Whoever steals a man and sells him and anyone found in possession of him shall be put to death.

  17. Whoever curses his father or his mother shall be put to death.

  18. When men quarrel and one strikes the other with a stone or with his fist and the man does not die but takes to his bed,

  19. then if the man rises again and walks outdoors with his staff, he who struck him shall be clear.

  20. Only he shall pay for the loss of his time and shall have him thoroughly healed.

  21. When a man strikes his slave, male or female, with a rod and the slave dies under his hand, he shall be avenged.

  22. But if the slave survives a day or two, he is not to be avenged, for the slave is his money.

  23. When men strive together and hit a pregnant woman so that her children come out, but there is no harm,

  24. the one who hit her shall surely be fined as the woman's husband shall impose on him,

  25. and he shall pay as the judges determine.

  26. But if there is harm, then you shall pay life for life, eye for eye, tooth for tooth,

  27. hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe.

  28. When a man strikes the eye of his slave, male or female, and destroys it,

  29. he shall let the slave go free because of his eye.

  30. If he knocks out the tooth of his slave, male or female, he shall let the slave go free because of his tooth.

  31. When an ox gores a man or a woman to death, the ox shall be stoned, and its flesh shall not be eaten.

  32. But the owner of the ox shall not be liable.

  33. But if the ox has been accustomed to gore in the past, and its owner has been warned but has not kept it in,

  34. and it kills a man or a woman, the ox shall be stoned, and its owner also shall be put to death.

  35. If a ransom is imposed on him, then he shall give for the redemption of his life whatever is imposed on him.

  36. If it gores a man's son or daughter, he shall be dealt with according to the same rule.

  37. If the ox gores a slave, male or female, the owner shall give to their master 30 shekels of silver, and the ox shall be stoned.

  38. This is God's holy and authoritative word. Please be seated.

  39. In case you're visiting for the first time, just so you know, I didn't look through the Bible and then decided,

  40. this is the passage I want to preach on today.

  41. We've been going through a book called Exodus.

  42. We've been going through it from the beginning to the end.

  43. We believe that every passage of Scripture is inspired by God, and so we don't skip passages,

  44. and we believe this one too has something to teach us.

  45. So last week we began this series, kind of a mini-series in this section of the book called

  46. The Book of the Covenant, which details some of the laws, the practical laws,

  47. fleshing out the Ten Commandments that were covered in Exodus 20.

  48. So we covered labor laws last week.

  49. We talked about slavery in ancient Israel times,

  50. and this week we're talking about personal injury laws with focus on capital crimes.

  51. And as I mentioned last week, because these rules and regulations are historically and culturally situated

  52. for Jews living in the 15th century BC in ancient Near East,

  53. and under a theocratic government, under the Old Covenant,

  54. we can't lift these laws out of context and apply them directly to our 21st century U.S. context.

  55. Because Jesus, as the new Israel, fulfilled the entire law,

  56. we now need to interpret and apply every passage of Scripture through the lens of Christ

  57. in light of how Christ has fulfilled it in the New Covenant.

  58. So the principle of justice that we can still learn from this is this,

  59. that we must safeguard human life, which has inestimable value,

  60. and trust in Jesus who died so that we might live.

  61. So that's what we're going to talk about today.

  62. So we'll talk first about crimes punishable by death,

  63. and then assault and battery, and then involuntary manslaughter.

  64. Let's first look at crimes punishable by death.

  65. If you look at verses 12 to 17,

  66. you might notice that the phrase,

  67. shall be put to death, is repeated again and again at the end of each case law.

  68. Whoever does so and so shall be put to death.

  69. So that tells us that this section is dealing with capital crimes.

  70. You can tell what a society values by looking at what it prohibits.

  71. What does it enforce?

  72. What does it punish?

  73. You can tell what it cherishes and protects by looking at its laws.

  74. And so these laws here reveal what the Bible deems fundamental

  75. to a just society in a fallen world.

  76. While all the sins mentioned in verses 12 to 17

  77. are bad enough to warrant a death penalty,

  78. they're organized in a descending order of importance

  79. with the worst crime being listed first.

  80. So the order is murder, then assaulting one's parents,

  81. and then stealing and selling a person,

  82. and then fourth, cursing one's parents.

  83. So let's look at these in turn.

  84. First, verse 12 prohibits murder.

  85. It says,

  86. Whoever strikes a man so that he dies shall be put to death.

  87. This is now unpacking the sixth commandment,

  88. which was you shall not murder.

  89. And violation of the sixth commandment is here enforced with capital punishment.

  90. And then verses 13 to 14 address the issue of intent behind the killing.

  91. It says,

  92. But if he did not lie in wait for him,

  93. but God let him fall into his hand,

  94. then I will appoint for you a place to which he may flee.

  95. But if a man willfully attacks another to kill him by cunning,

  96. you shall take him from my altar that he may die.

  97. Here's a wise distinction between accidental killing and intentional killing.

  98. Bible provides some specific examples of this in Numbers 35 and also in Deuteronomy 19.

  99. It says in Deuteronomy 19.5 that when someone is cutting down a tree in a forest with an axe,

  100. and then the axe, the head of the axe, the sharp part of the axe flies off the handle and injures someone or kills someone,

  101. that that would be considered accidental killing.

  102. And the person is not responsible for the death of his neighbor in that case.

  103. So these kinds of accidental homicides are what's in view here in verse 13.

  104. So in our modern day, accidental discharge of firearms could fall into this category in certain situations.

  105. And notice it says that God let him fall into his hand,

  106. meaning it was from a strictly human perspective, a chance event.

  107. Though, as this verse tells us, all such chance events still happen under God's sovereign control.

  108. That's why it says God let him fall into his hand.

  109. Since it was out of the man's hands completely,

  110. a person who accidentally struck someone dead is to flee to a place that will be appointed.

  111. This is an anticipation of cities of refuge that will be established later on in Numbers 35 and Deuteronomy 19.

  112. And under Israel's justice system, there's no active police force.

  113. If there is a murder, it was the responsibility of the kinsman redeemer or the avenger of blood,

  114. the nearest kin of the deceased person, to avenge the death of his relative, to enforce that penalty.

  115. But because the Bible wants to prevent kind of this cycle of revenge killings,

  116. in the event of an accidental homicide like this,

  117. there's a city of refuge set aside to where these people who have accidentally killed someone could flee.

  118. So that they have immunity there and are protected from the wrath of the avenger of blood.

  119. However, there is no city of refuge for a murderer.

  120. It says in verse 14,

  121. But if a man willfully attacks another to kill him by cunning,

  122. you shall take him from my altar that he may die.

  123. The word willfully communicates intent.

  124. And this is not an accidental killing, it's an intentional killing.

  125. And the word cunning conveys deliberation.

  126. Our modern laws distinguish between intent and premeditation.

  127. For example, when someone kills a person in the heat of anger without planning,

  128. having planned to kill before, they distinguish that.

  129. So they call that voluntary manslaughter,

  130. but it's not murder because there was no premeditation.

  131. Now, the Bible does not make those kind of distinctions.

  132. The Bible takes murder more seriously,

  133. and it takes manslaughter more seriously.

  134. And so it doesn't distinguish between intent and premeditation.

  135. Whether you had two years to premeditate and to plan a killing,

  136. or whether you had a split second to plan a killing in your heat of anger,

  137. if you intended to do it,

  138. the Bible considers it murder and enforces it that way.

  139. And that's because giving and taking away life is God's prerogative.

  140. And a murderer takes someone else's life into his own hand,

  141. presuming to arrogate this divine prerogative.

  142. For such a person there is no refuge.

  143. Verse 14 speaks of taking the murderer from the altar that he may die.

  144. That's an allusion to the ancient practice of where a fugitive can run and take hold of the horns of the altar

  145. as a way of basically confessing their sins and pleading guilty.

  146. And they're pleading guilty and saying,

  147. Have mercy on me.

  148. I'm going to hold on to the horns of the altar.

  149. Now, you find examples of this in 1 Kings chapters 1 and 2.

    1 Kings 1 chapter mention

  150. After a failed coup, Adonijah and Joab are both afraid of how the newly appointed King Solomon is going to punish them.

  151. And so they flee to the tent of the Lord and take hold of the horns of the altar, not at the same time.

  152. And what's fascinating is that Solomon promises Adonijah, who was the first one to hold on to the altar,

  153. that he's not going to punish him.

  154. He's not going to kill him for his treason.

  155. However, in the next chapter, when Joab does the exact same thing, Solomon says,

  156. Take him down and kill him.

  157. So what's going on?

  158. So why does the altar work for one person but not the other?

  159. And here's the reason that Solomon gives.

  160. He says,

  161. Do as he has said.

  162. Strike Joab down and bury him.

  163. And thus take away from me and from my father's house the guilt for the blood that Joab shed without cause.

  164. The Lord will bring back his bloody deeds on his own head because without the knowledge of my father David,

  165. he attacked and killed with the sword two men more righteous and better than himself.

  166. Abner, son of Ner, commander of the army of Israel, and Amasad, son of Jether, commander of the army of Judah.

  167. So if you know the story, Joab had killed in peace times and avenged the death of his loved ones during peace time

  168. by killing these two commanders of their respective armies.

  169. And so that was innocent blood that was shed that was still on Joab's hands.

  170. And it's because he was a murderer that he could not take refuge at the horn of the altar.

  171. He's taken away from the altar to be killed.

  172. So this distinction between accidental homicide and deliberate homicide teach us a very important truth about God.

  173. Namely that God cares not only about what we do, but about why we do them.

  174. God judges us not only by our actions, but also by the intentions of the heart.

  175. For example, stealing is objectively wrong.

  176. It is sinful to steal.

  177. But there is a difference between a selfish, malicious thief who steals to enrich himself at the expense of others

  178. and a thief who steals out of desperation to feed his kids.

  179. God sees.

  180. He sees into the human heart.

  181. There's an objective dimension to sin and a subjective dimension to sin.

  182. And God, who alone sees the inner workings of the human heart,

  183. will take everything into account and judge with perfect justice.

  184. Having delineated the general law concerning murder,

  185. verses 15 to 17 list off a few more crimes that warrant the death penalty in Israel.

  186. Both verses 15 and 17 deal with the way children treat their parents.

  187. So they're unpacking the fifth commandment, which is honor your father and your mother.

  188. Verse 15 says,

  189. Whoever strikes his father or his mother shall be put to death.

  190. And verse 17 says,

  191. Whoever curses his father or his mother shall be put to death.

  192. The word curse here doesn't mean formally to invoke a curse down upon your parents.

  193. It also does not mean to utter obscenities or expletives at one's parents.

  194. It's a general word here that's translated curse that means to make light of someone.

  195. It's actually the exact antonym of the word to honor in the fifth commandment,

  196. to honor your parents, to consider your parents weighty, to give weight to them, to honor them.

  197. But this word, to curse, translated curse here is to make light of someone,

  198. to slight someone, to belittle someone, to dishonor someone.

  199. And so it certainly includes uttering obscenities and expletives,

  200. but it's not limited to that.

  201. It's more comprehensive than that.

  202. So striking one's parents is more severe than simply dishonoring them

  203. because you're not only damaging their reputation and feelings,

  204. but also damaging them physically.

  205. However, both the striking of the fist and the lashing of the tongue warrant the death penalty.

  206. For some of us, that probably seems like overkill.

  207. And as I mentioned before, that you can tell what a society cherishes

  208. by what it enforces and punishes.

  209. And these verses reveal just how much emphasis the Bible places

  210. on proper relationship between parents and children.

  211. If you want to hear a little more about that,

  212. you can go back and listen to my sermon on the fifth commandment from Exodus 20.

  213. But I'll summarize briefly why it's so important in the Bible.

  214. It's because the children are the future of our society.

  215. And because healthy parent-children relations are essential for the health and growth of children,

  216. it's not an overstatement to say that parent-child relations are foundational to a functioning society.

  217. And so if that parent-child relationship is subverted,

  218. it's destructive for society as a whole.

  219. So to prevent this, Scripture has severe punishment to deter people from this kind of sin,

  220. to stop this contagion of rebellion and contempt toward fathers and mothers

  221. from spreading throughout the society of Israel.

  222. And not only that, because parents are the first authority figures that children interface with,

  223. the way they treat their parents have implications

  224. for how they relate to authority figures throughout society.

  225. And that connection is illustrated by the fact that throughout the Bible,

  226. not only the literal biological mothers and fathers,

  227. but also other leader figures like judges and priests and prophets

  228. are referred to as fathers and mothers.

  229. And so this includes even the authority of God.

  230. God reveals Himself to us as a heavenly Father.

  231. God reveals His Father.

  232. And because of that, earthly parents are patterned after our Heavenly Father.

  233. So similar to how God creates man in His own image,

  234. He says in Genesis 1.27 and Genesis 5.3

  235. that Adam fathered a son in his own image.

  236. So parents are literally copying and imitating what God did in creating people.

  237. And so parents image God in their begetting and rearing of children.

  238. And because parents are instituted by God,

  239. appointed by God to exercise authority over their children,

  240. when they dishonor their parents,

  241. and that has implications.

  242. It affects the way they perceive the authority of God.

  243. It affects the way they perceive the fatherhood of God.

  244. That connection is seen clearly in Exodus 22.28.

  245. If you skip forward a little bit to verse 28 in chapter 22,

  246. it says,

  247. You shall not revile God, nor curse a ruler of your people.

  248. That word translated revile there is actually the exact same Hebrew word

  249. that was translated curse in verse 17 of chapter 21.

  250. Whoever curses his father or his mother shall be put to death.

  251. So if you slight your parents,

  252. if you dishonor your parents,

  253. if you slight God,

  254. dishonor God,

  255. if you slight your ruler,

  256. a leader of your people,

  257. the three people,

  258. the categories of people,

  259. God,

  260. the society's rulers,

  261. and your parents are all objects of the same command

  262. because they represent different levels of authority

  263. over the home,

  264. over society,

  265. and over the entire visible and invisible world.

  266. This demonstrates the interconnectedness of these commands

  267. and why God places such a premium

  268. on the honoring of one's parents.

  269. The erosion of one authority erodes all other authorities.

  270. Now,

  271. interposed between the two stipulations concerning parents is verse 16,

  272. which prohibits man stealing.

  273. It says,

  274. Whoever steals a man and sells him,

  275. and anyone found in possession of him shall be put to death.

  276. The Bible never prescribes the death penalty for stealing property

  277. because people are more important than property.

  278. However,

  279. it does prescribe the death penalty for man stealing

  280. because a man is not supposed to be property

  281. regardless of the complexion of their color

  282. or gender or age

  283. or socioeconomic status.

  284. And so,

  285. as I mentioned last week in my sermon on slavery

  286. and labor laws in ancient Israel,

  287. this verse alone,

  288. if rightly understood and applied in our context,

  289. would have dealt a singular death blow

  290. to the transatlantic slave trade

  291. and to slavery and modern-day slavery in general

  292. because all that was sourced through man stealing,

  293. kidnapping,

  294. and then selling a man.

  295. And so,

  296. it's a powerful verse

  297. that has huge implications for society.

  298. So,

  299. those are all capital crimes.

  300. Now,

  301. let's look at verses 18 to 27,

  302. which turn to assault and battery.

  303. Now,

  304. these laws offer details

  305. for how to govern cases of violence

  306. that do not lead to death.

  307. It says in verses 18 to 19,

  308. when men quarrel

  309. and one strikes the other with the stone

  310. or with his fist

  311. and the man does not die

  312. but takes to his bed,

  313. then if the man rises again

  314. and walks outdoors with his staff,

  315. he who struck him shall be clear.

  316. Only he shall pay for the loss of his time

  317. and shall have him thoroughly healed.

  318. So,

  319. these men are in the,

  320. are tossed,

  321. they're in the midst of a quarrel

  322. when one strikes the other.

  323. And,

  324. it's not,

  325. it's not strictly speaking,

  326. you know,

  327. accidental,

  328. right?

  329. Because it's in,

  330. they're fighting,

  331. there's hostile intent.

  332. So,

  333. this is an intentional one.

  334. But,

  335. the strike does not end in death.

  336. It,

  337. it,

  338. it ends in a serious injury

  339. that causes the man to be bedridden

  340. and need to rest and recover.

  341. In a case like this,

  342. the man who struck him

  343. shall be clear,

  344. meaning,

  345. he's clear of the guilt of murder

  346. because he did not kill him.

  347. However,

  348. it says in,

  349. it says in the following verses,

  350. only he shall pay for the loss of his time

  351. and shall have him thoroughly healed.

  352. In other words,

  353. the man who struck him

  354. is financially responsible

  355. for the injured man's loss of time,

  356. all the money that he would have earned

  357. if he hadn't been injured

  358. by doing his normal work.

  359. And also,

  360. he is responsible for the man's healing,

  361. for his medical expenses,

  362. all the money that takes,

  363. it comes out of the offender's pocket.

  364. Now,

  365. keep this case in mind

  366. as we look at verses 20 to 21,

  367. which deals with another case of battery,

  368. but this time,

  369. it's an altercation

  370. between a master and his slave.

  371. It says,

  372. when a man strikes his slave,

  373. male or female,

  374. with a rod,

  375. and the slave dies under his hand,

  376. he shall be avenged.

  377. But if the slave survives a day or two,

  378. he is not to be avenged,

  379. for the slave is his money.

  380. Explain what this means.

  381. Verse 21 is structurally parallel

  382. to verses 18 and 19

  383. and follows the same logical order.

  384. So, first,

  385. if the slave that was struck

  386. dies under his hand,

  387. he shall be avenged.

  388. The word avenged

  389. doesn't necessarily mean to kill,

  390. but in this context,

  391. it does refer to the death penalty

  392. because if you look at Jeremiah 50, 15,

  393. it explains exactly

  394. what this word avenged means,

  395. and it means to do to her

  396. as she has done.

  397. So, it's to render

  398. proportional punishment,

  399. reciprocal punishment.

  400. And so, if he kills the slave,

  401. then he shall be avenged,

  402. meaning he is subject

  403. to the death penalty,

  404. even though it's his slave.

  405. Now, but if he survives,

  406. the slave survives a day or two,

  407. he's not to be avenged,

  408. for the slave is his money.

  409. Now, if you come to Scripture

  410. with suspicion,

  411. seeking confirmation,

  412. that sounds really wrong, right?

  413. The slave is his money.

  414. What does that mean?

  415. So, like, if this,

  416. does that mean that

  417. the master can treat his slave

  418. however he wants?

  419. Maybe can he kill him?

  420. Well, obviously not,

  421. because if he kills him,

  422. he'll be subject to death penalty.

  423. Well, then can he beat him

  424. as much as he wants?

  425. Of course not,

  426. because as we see

  427. in the later verses,

  428. verse 26, 27,

  429. if the master maims the slave,

  430. he has to let the slave go free.

  431. If he destroys his eye

  432. or knocks out his tooth,

  433. he has to let the slave go free.

  434. So, it's not saying

  435. that the slave is his money,

  436. meaning he can do to him

  437. whatever he wants.

  438. That's not what this is saying.

  439. Rather, the verse is parallel

  440. to verses 18 and 19

  441. that we saw

  442. dealing with the injury

  443. of the man that was bedridden.

  444. So, if the slave is bedridden,

  445. if the slave is injured

  446. and is bedridden,

  447. who is responsible

  448. for his medical expenses?

  449. It's the master.

  450. The slave has no money

  451. to his account.

  452. If the slave is bedridden

  453. and the slave,

  454. all the labor that the slaver does

  455. makes money for the master,

  456. who is losing money

  457. during the time

  458. that the slave is bedridden?

  459. It's the master.

  460. So, all the money

  461. that the slave needs

  462. for his recuperation,

  463. for his medical expenses,

  464. and for the loss of time

  465. that the Bible guarantees

  466. for an injured party,

  467. it all comes out

  468. of the master's pocket.

  469. That's what it means

  470. when it says

  471. that the slave is his money.

  472. And so, even though

  473. he is to be avenged,

  474. if he kills the slave,

  475. if he is injured,

  476. the master is already punished

  477. through the loss of time

  478. and through the medical expenses

  479. that come through the slave.

  480. And so, he is not to be avenged

  481. on top of that

  482. is what this verse is saying.

  483. Does that make more sense?

  484. Yeah.

  485. So far,

  486. in terms of personal injury laws,

  487. we've covered

  488. intentional killing

  489. and accidental killing,

  490. as well as intentional

  491. assault and battery.

  492. now we cover collateral damage.

  493. When injury is inflicted

  494. incidentally on a person

  495. that was not the intended target.

  496. It says in verse 22,

  497. when men strive together

  498. and hit a pregnant woman

  499. so that her children come out,

  500. but there is no harm,

  501. the one who hit her

  502. shall surely be fined

  503. as the woman's husband

  504. shall impose on him,

  505. and he shall pay

  506. as the judges determine.

  507. This is a fascinating case

  508. because,

  509. on the one hand,

  510. the battery is not

  511. exactly accidental.

  512. The men were,

  513. you know,

  514. tussling in public.

  515. Surely they understand

  516. that people nearby

  517. are at risk,

  518. that they pose a threat

  519. to people around them.

  520. So it's not accidental,

  521. but it's also not intentional

  522. because they weren't trying

  523. to hit the pregnant woman.

  524. They were trying

  525. to hit each other.

  526. And so,

  527. it's very similar,

  528. I think,

  529. to the case

  530. of a goring ox

  531. that we'll see later on.

  532. It's probably an injury

  533. inflicted on someone

  534. by negligence.

  535. So,

  536. the interpretation

  537. of this verse

  538. is highly debated

  539. because there are

  540. some problematic translations

  541. that has produced

  542. some incorrect interpretations.

  543. So,

  544. to give an example,

  545. the Revised Standard Version,

  546. RSV,

  547. translates verses 22 to 23

  548. this way.

  549. It says,

  550. When men strive together

  551. and hurt a woman with child

  552. so that there is a miscarriage,

  553. and yet no harm follows,

  554. the one who hurt her

  555. shall be fined,

  556. according to the woman's husband,

  557. shall lay upon him,

  558. and he shall pay

  559. as the judges determine.

  560. If any harm follows,

  561. then you shall give

  562. life for life,

  563. eye for eye,

  564. tooth for tooth,

  565. hand for hand,

  566. so on.

  567. So,

  568. according to this translation,

  569. the tussling men

  570. have caused

  571. a woman's miscarriage,

  572. and yet,

  573. it is nevertheless possible

  574. that no harm is done.

  575. So,

  576. that's how they're

  577. interpreting this passage.

  578. So,

  579. if they interpret it that way,

  580. then the harm

  581. must refer only to the harm

  582. that comes upon the woman.

  583. So,

  584. it doesn't matter

  585. what happens to the baby,

  586. that's not harm,

  587. as long as nothing happens

  588. to the woman,

  589. but if something happens

  590. to the woman,

  591. you know,

  592. then you pay life for life.

  593. So,

  594. some people

  595. who are looking

  596. for justification

  597. in Scripture

  598. to not consider

  599. the baby in the womb

  600. a human

  601. use this passage

  602. that way.

  603. But,

  604. this is a bad translation

  605. and an even worse

  606. interpretation

  607. of these verses.

  608. And,

  609. here are the reasons.

  610. The Hebrew expression

  611. in verse 22

  612. is literally

  613. so that her children

  614. come out,

  615. exactly the way

  616. the ESV translates it.

  617. It does not say

  618. so that there is

  619. a miscarriage

  620. as the RSV has it.

  621. That's an over translation.

  622. When the Hebrew word

  623. for come out

  624. is used to refer

  625. to children

  626. in the womb

  627. in other contexts

  628. of the Bible,

  629. it always refers

  630. to live births

  631. and not to a stillbirth.

  632. So,

  633. in Genesis 25,

  634. in Genesis 38,

  635. when Jacob and Esau

  636. are born

  637. and when Zerah is born,

  638. it simply says

  639. that they came out.

  640. Moreover,

  641. there is a specific

  642. Hebrew word

  643. that means miscarriage.

  644. And,

  645. there is a specific

  646. Hebrew word

  647. that means stillborn.

  648. And,

  649. neither of these words

  650. are used

  651. in this verse.

  652. the word

  653. that is used here

  654. is simply

  655. that they came out.

  656. And so,

  657. verse 22

  658. is not referring

  659. to a miscarriage

  660. but to a premature birth,

  661. which is exactly

  662. what reputable

  663. translations

  664. like the CSB

  665. and NIV

  666. render it.

  667. So then,

  668. when two men

  669. who are fighting

  670. with each other

  671. unwittingly strike

  672. a pregnant woman

  673. so that she gives birth

  674. prematurely

  675. to her baby,

  676. if both the mother

  677. and the baby

  678. are healthy

  679. and there is no harm,

  680. then the punishment

  681. for the man

  682. who hit her

  683. is merely a fine

  684. for causing

  685. the distress

  686. and the scare

  687. of the premature labor

  688. that he induced.

  689. And,

  690. the woman's husband

  691. who is the head

  692. of the household

  693. and is responsible

  694. for the care

  695. of his wife

  696. will impose a fine

  697. and then that fine

  698. will be deliberated on

  699. by the judges

  700. and they will ultimately

  701. give a verdict

  702. to determine

  703. how much

  704. the man should pay.

  705. But,

  706. if there is harm

  707. and since the object

  708. of the harm

  709. is not specified,

  710. I would assume here

  711. that it involves

  712. both the child

  713. and the mom,

  714. if there is harm

  715. to either,

  716. it says,

  717. you shall pay

  718. life for life,

  719. eye for eye,

  720. tooth for tooth,

  721. hand for hand,

  722. foot for foot,

  723. burn for burn,

  724. wound for wound,

  725. stripe for stripe.

  726. This is the famous

  727. legal principle

  728. called lex talionis

  729. which is translated

  730. law of retaliation.

  731. This principle

  732. is articulated

  733. in this way

  734. to be memorable

  735. for rhetorical purposes,

  736. life for life,

  737. eye for eye,

  738. but it's not intended

  739. to be applied,

  740. enforced literally.

  741. It's making the point

  742. that the punishment

  743. should be commensurate

  744. with the crime.

  745. The punishment

  746. should be proportional

  747. to the crime,

  748. not that the punishment

  749. should be identical

  750. to the crime.

  751. Do you understand

  752. the difference?

  753. So, for example,

  754. in,

  755. to give you some examples,

  756. in November 2021,

  757. a man who smuggled

  758. and sold copies

  759. of the Netflix series

  760. Squid Game

  761. was sentenced to death

  762. by firing squad

  763. in North Korea.

  764. A student who purchased

  765. the drive

  766. with the show

  767. downloaded on

  768. and received

  769. a life sentence,

  770. six other students

  771. who just watched

  772. the video

  773. were sentenced

  774. to five years

  775. of hard labor.

  776. Now,

  777. the punishment

  778. was excessive

  779. and not proportional

  780. to the crime.

  781. this is not life

  782. for life,

  783. but life for I

  784. or worse.

  785. Or consider this example

  786. from 1983

  787. when a British judge

  788. sentenced a man

  789. to 12 months

  790. in prison,

  791. eight of which

  792. were suspended.

  793. So this man

  794. only served

  795. four months

  796. in prison

  797. for assaulting

  798. and raping

  799. a six-year-old girl,

  800. which was considered

  801. too lenient

  802. at the time

  803. and it caused

  804. widespread outrage

  805. leading to some

  806. legal changes.

  807. That's not life

  808. for life.

  809. That's tooth

  810. for life.

  811. Or worse,

  812. both of those

  813. are unjust.

  814. We know that

  815. lex talionis

  816. was not meant

  817. to be applied

  818. literally

  819. from the following

  820. verses.

  821. Look at verses

  822. 26 to 27.

  823. When a man

  824. strikes the eye

  825. of his slave,

  826. male or female,

  827. and destroys it,

  828. he shall let the slave

  829. go free

  830. because of his eye.

  831. If he knocks out

  832. the tooth

  833. of his slave,

  834. male or female,

  835. he shall let the slave

  836. go free

  837. because of his tooth.

  838. So immediately

  839. after articulating

  840. the principle

  841. of eye for eye

  842. and tooth for tooth,

  843. here are very clear

  844. specific examples

  845. of when literally

  846. an eye is destroyed

  847. and a tooth

  848. is knocked out

  849. and the punishment

  850. is not that you

  851. poke out his eye

  852. and knock out his tooth.

  853. No.

  854. You let the slave

  855. go free.

  856. The idea is

  857. proportional justice,

  858. proportional punishment,

  859. not identical punishment.

  860. The slave

  861. is compensated

  862. by his freedom

  863. and the master

  864. is punished

  865. by the loss

  866. of his slave's labor.

  867. And this is

  868. unprecedented

  869. actually because

  870. if you search

  871. other ancient

  872. Near Eastern

  873. legal collections

  874. and there's

  875. quite a few of them,

  876. you find no law

  877. addressing abusive

  878. behavior by masters.

  879. There are laws

  880. that provide

  881. some protection

  882. for slaves

  883. from other people,

  884. but there are

  885. no protections

  886. for slaves

  887. from their own masters

  888. in other ancient

  889. Near Eastern laws.

  890. Only here in Scripture

  891. do you find that.

  892. And as that example

  893. shows,

  894. the eye-for-eye

  895. principle in Scripture

  896. was not intended

  897. to be applied

  898. literally.

  899. We find another

  900. confirmation of that

  901. in verses 18 to 19.

  902. Remember when the man

  903. was struck

  904. and injured

  905. and he was bedridden?

  906. What's the punishment?

  907. Strike the other guy,

  908. make him bedridden?

  909. No.

  910. It was to pay

  911. for the loss of time

  912. and to pay

  913. for his medical expenses.

  914. Proportional punishment.

  915. This is in contrast

  916. to other ancient

  917. law codes

  918. that apparently

  919. enforced this kind

  920. of justice literally.

  921. So for example,

  922. the Code of Hammurabi,

  923. a Babylonian legal text,

  924. which is often compared

  925. to the Book of the Covenant,

  926. says this,

  927. If a son strike his father,

  928. his hands

  929. shall be hewn off.

  930. If a man put out

  931. the eye of another,

  932. his eyes shall be put out.

  933. If a man knocks out

  934. the teeth of his equal,

  935. his teeth shall be

  936. knocked out.

  937. The wording is so specific

  938. that it gives the impression

  939. that this was literally enforced,

  940. which I think is quite,

  941. what's the word?

  942. It's severe, barbaric.

  943. Furthermore,

  944. the Code of Hammurabi

  945. did not offer equal protection

  946. to people of inferior social status,

  947. like slaves,

  948. as the Bible does.

  949. For example,

  950. in the Code of Hammurabi,

  951. if a property-owning citizen

  952. puts out the eye

  953. of another property-owning citizen,

  954. his eye is literally put out.

  955. But if he puts out the eye

  956. of a lower-class free person

  957. who does not own property,

  958. a poor person,

  959. well, then he only needs

  960. to pay one gold miner.

  961. Okay?

  962. And if he puts out the eye

  963. of someone else's slave,

  964. well, then he only needs

  965. to pay half of the slave's value,

  966. which must not have been much

  967. because the same Code stipulates

  968. that the man whose ox

  969. kills a slave only needs

  970. to pay one-third of a miner,

  971. and the ox doesn't even get killed.

  972. So the proportional punishment

  973. was only guaranteed

  974. to upper-class citizens

  975. in these other ancient Near Eastern laws,

  976. and they enforced

  977. the eye for eye principle

  978. with great literally.

  979. And that's in stark contrast

  980. to the Book of Exodus

  981. and the Book of the Covenant,

  982. where the principle

  983. of proportional punishment

  984. is applied wisely

  985. and consistently

  986. to masters and slaves alike.

  987. So, so far,

  988. we've looked at

  989. personal injury laws

  990. governing crimes

  991. committed by humans.

  992. Now we turn to cases

  993. of involuntary manslaughter.

  994. This is not like

  995. what a normal sermon is like,

  996. so just so you guys know,

  997. it's kind of dense

  998. because of the nature

  999. of the passage,

  1000. but you guys have been

  1001. very patient,

  1002. and you're listening

  1003. really, really well.

  1004. So it says in verse 28,

  1005. when an ox gores a man

  1006. or a woman to death,

  1007. the ox shall be stoned

  1008. and its flesh shall not be eaten,

  1009. but the owner of the ox

  1010. shall not be liable.

  1011. An ox that gores a human to death

  1012. is without exception killed.

  1013. But that's not only

  1014. for the sake of preventing

  1015. similar incidents in the future,

  1016. yet it's also for the sake

  1017. of justice,

  1018. because Genesis 9.5 says

  1019. that any beast that kills a man,

  1020. that God will require a reckoning

  1021. for that lifeblood.

  1022. So it doesn't matter

  1023. how ignorant the beast is,

  1024. because it took the life,

  1025. it dared to take the life

  1026. of a human being

  1027. created in the image of God.

  1028. Its own life,

  1029. therefore, is forfeited.

  1030. Once again,

  1031. this sets Exodus apart

  1032. from other ancient

  1033. Eastern law codes,

  1034. because there is

  1035. an exact parallel

  1036. where an ox gores

  1037. someone to death,

  1038. and the ox is never killed

  1039. in those other texts.

  1040. The sanctity of life,

  1041. the Bible places supreme value

  1042. on the sanctity of human life.

  1043. And according to this text,

  1044. not only is the ox

  1045. to be stoned,

  1046. after it's dead,

  1047. its flesh

  1048. shall not be eaten.

  1049. Why?

  1050. Because it would be

  1051. inappropriate

  1052. to have a feast

  1053. thanks to an ox

  1054. that gores someone

  1055. to death.

  1056. The flesh

  1057. of the dead ox

  1058. is considered

  1059. unclean,

  1060. unfit

  1061. for human consumption.

  1062. So this also serves

  1063. to punish

  1064. the owner of the ox.

  1065. Though it was

  1066. an accident,

  1067. though it was

  1068. not him

  1069. that killed someone,

  1070. it was his ox,

  1071. the owner himself

  1072. is not guilty of murder,

  1073. and yet he is still punished

  1074. in some sense

  1075. because he loses

  1076. the valuable labor

  1077. of a farm animal,

  1078. and he does not

  1079. get to feast on it.

  1080. It's not

  1081. fit for consumption.

  1082. However,

  1083. it says in verse 29,

  1084. if the ox

  1085. has been accustomed

  1086. to gore in the past,

  1087. and its owner

  1088. has been warned

  1089. but has not kept it in,

  1090. and it kills a man

  1091. or a woman,

  1092. the ox shall be stoned

  1093. and its owner

  1094. also shall be put

  1095. to death.

  1096. So this is again

  1097. a case of

  1098. negligent homicide.

  1099. The owner

  1100. himself did not kill,

  1101. but by his

  1102. criminal negligence,

  1103. he has allowed

  1104. his ox

  1105. to kill another person.

  1106. There may not

  1107. have been

  1108. any malicious intent,

  1109. but there was

  1110. irresponsible

  1111. negligence.

  1112. So there was

  1113. a known

  1114. significant risk

  1115. related to this ox

  1116. and he did nothing

  1117. to prevent

  1118. the goring.

  1119. And that's why

  1120. he is liable

  1121. for the death

  1122. because if it weren't

  1123. for his negligence,

  1124. the person would

  1125. still be alive.

  1126. So you might be

  1127. wondering how all

  1128. of this applies

  1129. to us

  1130. since none of us

  1131. own any oxen,

  1132. but maybe some

  1133. of you did.

  1134. I think some of you

  1135. actually did.

  1136. Yes, Laura

  1137. did own an oxen

  1138. in the past.

  1139. Yes.

  1140. Well, even if you

  1141. don't have oxen,

  1142. many of us own

  1143. pets, right,

  1144. which are also

  1145. very expensive.

  1146. They're not as

  1147. valuable as work

  1148. animals, but we

  1149. own pets.

  1150. And they too

  1151. can be dangerous.

  1152. Only two weeks

  1153. ago, a family's

  1154. Siberian husky

  1155. killed their

  1156. four-day-old baby

  1157. girl in Arkansas.

  1158. A few months

  1159. ago in Memphis,

  1160. Tennessee, two

  1161. pit bulls attacked

  1162. their owners,

  1163. killing a two-year-old

  1164. girl and a five-month-old

  1165. boy and hospitalizing

  1166. their mother.

  1167. If you have a dog

  1168. that is known to

  1169. bite, you should

  1170. have your dog

  1171. leashed at all

  1172. times when you're

  1173. in the presence

  1174. of other people.

  1175. Not only that,

  1176. cars that we drive

  1177. are very much like

  1178. the oxen of the

  1179. ancient world.

  1180. They're expensive,

  1181. they're dangerous,

  1182. and you need it

  1183. to work in a lot

  1184. of cases.

  1185. At least you get

  1186. to work.

  1187. And there are

  1188. examples of

  1189. negligence related

  1190. to that as well.

  1191. Drunk driving,

  1192. texting while

  1193. driving,

  1194. speeding,

  1195. reckless driving.

  1196. This is convicting

  1197. for me as well.

  1198. We should value

  1199. human life so

  1200. much more than

  1201. our convenience

  1202. and our time

  1203. and our desire

  1204. to appear

  1205. responsive to

  1206. people who have

  1207. texted us

  1208. or our desire

  1209. to appear

  1210. punctual to

  1211. an appointment

  1212. that we're going

  1213. to.

  1214. We should value

  1215. human life so

  1216. much more than

  1217. that we don't

  1218. do this kind

  1219. of thing.

  1220. That's negligent

  1221. homicide.

  1222. Here's another

  1223. example.

  1224. If you are

  1225. aware that you

  1226. are carrying

  1227. a deadly

  1228. and highly

  1229. transmissible

  1230. disease,

  1231. you should take

  1232. care not to

  1233. infect other

  1234. people with it,

  1235. especially the

  1236. most vulnerable

  1237. members of

  1238. our society.

  1239. Obviously,

  1240. we need to be

  1241. wise and careful

  1242. in applying

  1243. this principle

  1244. and I'm not

  1245. trying to comment

  1246. necessarily on

  1247. COVID because

  1248. we need to

  1249. acknowledge that

  1250. people's assessment

  1251. of risks

  1252. differ.

  1253. It varies.

  1254. However,

  1255. we need to use

  1256. our discernment

  1257. and we need to be

  1258. considerate toward

  1259. others.

  1260. All of this

  1261. ultimately boils down

  1262. to loving our

  1263. neighbors as

  1264. ourselves.

  1265. when it comes

  1266. to negligent

  1267. homicide,

  1268. the book of

  1269. the covenant

  1270. did not strictly

  1271. enforce the

  1272. death penalty

  1273. because while

  1274. negligence is

  1275. bad,

  1276. it's still not

  1277. the same as

  1278. murder and

  1279. intentional killing.

  1280. And so that's

  1281. why there's a

  1282. provision for a

  1283. ransom in

  1284. verses 30 to

  1285. 32.

  1286. If a ransom

  1287. is imposed on

  1288. him,

  1289. then he shall

  1290. give for the

  1291. redemption of

  1292. his life whatever

  1293. is imposed on

  1294. him.

  1295. If it gores a

  1296. man's son or

  1297. daughter,

  1298. he shall be

  1299. dealt with

  1300. according to

  1301. this same

  1302. rule.

  1303. If the

  1304. ox gores a

  1305. slave,

  1306. male or

  1307. female,

  1308. the owner

  1309. shall give

  1310. to their

  1311. master 30

  1312. shekels of

  1313. silver and

  1314. the ox shall

  1315. be stoned.

  1316. Since in

  1317. verse 22,

  1318. the judges

  1319. determine the

  1320. amount of

  1321. the fine in

  1322. consultation with

  1323. the victim's

  1324. family,

  1325. I assume that

  1326. the same applies

  1327. in this context.

  1328. After considering

  1329. the circumstances

  1330. of the negligent

  1331. homicide,

  1332. the family of

  1333. the victim and

  1334. the dolly

  1335. appointed judges

  1336. may choose

  1337. instead of

  1338. enforcing the

  1339. death penalty

  1340. to impose

  1341. a ransom.

  1342. The ransom

  1343. price was

  1344. decided on a

  1345. case-by-case

  1346. basis except

  1347. in the case

  1348. of a slave,

  1349. there was a

  1350. fixed ransom

  1351. price, 30

  1352. shekels of

  1353. silver, which

  1354. is interestingly

  1355. enough the

  1356. price that the

  1357. chief priest

  1358. paid Judas

  1359. is scary in

  1360. Matthew 26,

  1361. 16 for the

  1362. selling out of

  1363. Jesus to send

  1364. him to his

  1365. death on the

  1366. cross.

  1367. Imposing a

  1368. ransom was a

  1369. form of leniency.

  1370. It was a

  1371. show of mercy

  1372. in cases of

  1373. involuntary

  1374. manslaughter.

  1375. But the

  1376. Bible explicitly

  1377. forbids such

  1378. leniency and

  1379. ransom in

  1380. cases of

  1381. intentional

  1382. killing,

  1383. of murder.

  1384. It says in

  1385. Numbers 35,

  1386. 31 to 34,

  1387. you shall

  1388. accept no

  1389. ransom for

  1390. the life of

  1391. a murderer

  1392. who is guilty

  1393. of death,

  1394. but he shall

  1395. be put to

  1396. death.

  1397. No atonement

  1398. can be made

  1399. for the land,

  1400. for the blood

  1401. that is shed

  1402. in it,

  1403. except by

  1404. the blood

  1405. of the one

  1406. who shed

  1407. it.

  1408. The only

  1409. acceptable

  1410. atonement

  1411. for murder

  1412. is the death

  1413. of the murderer

  1414. because God

  1415. has decreed

  1416. in Genesis 9,

  1417. 6,

  1418. whoever sheds

  1419. the blood

  1420. of man,

  1421. by man

  1422. shall his

  1423. blood be

  1424. shed.

  1425. For God

  1426. made man

  1427. in his

  1428. own image.

  1429. That's where

  1430. the value

  1431. of a human

  1432. life comes

  1433. from,

  1434. that we are

  1435. made in

  1436. the image

  1437. of God.

  1438. We represent

  1439. God.

  1440. So the

  1441. value of

  1442. the man's

  1443. life,

  1444. of a human's

  1445. life,

  1446. is so

  1447. inestimably

  1448. high that

  1449. there is

  1450. no possible

  1451. money amount

  1452. that you

  1453. can pay

  1454. to atone

  1455. for him

  1456. except for

  1457. the life

  1458. of another.

  1459. So imagine

  1460. what it's

  1461. like to be

  1462. on death

  1463. row in

  1464. ancient Israel

  1465. for murder.

  1466. You've been

  1467. sentenced to

  1468. death for a

  1469. crime for

  1470. which there

  1471. can be no

  1472. ransom.

  1473. Doesn't matter

  1474. how rich

  1475. you are.

  1476. You cannot

  1477. get out.

  1478. With the

  1479. crushing

  1480. certainty

  1481. of doom

  1482. weighing on

  1483. you ever

  1484. heavier and

  1485. drawing nearer,

  1486. imagine that

  1487. desperation.

  1488. Because that's

  1489. where we have

  1490. all been.

  1491. We've all

  1492. in fact been

  1493. in those

  1494. exact shoes.

  1495. Because Romans

  1496. 6.23 says

  1497. the wages of

  1498. sin is death.

  1499. We've all

  1500. sinned against

  1501. an infinitely

  1502. worthy God

  1503. by rebelling

  1504. against him

  1505. and living

  1506. for ourselves.

  1507. And the

  1508. just punishment

  1509. for that

  1510. is death.

  1511. It's the only

  1512. just punishment.

  1513. And we cannot

  1514. possibly afford

  1515. a ransom

  1516. to escape

  1517. our death.

  1518. Psalm 49

  1519. says,

  1520. Truly no man

  1521. can ransom

  1522. another or

  1523. give to God

  1524. the price

  1525. of his life

  1526. for the

  1527. ransom of

  1528. their life

  1529. is costly

  1530. and can

  1531. never suffice

  1532. that he

  1533. should live

  1534. on forever

  1535. and never

  1536. see the pit.

  1537. Only thing

  1538. costly enough

  1539. for a

  1540. person's life

  1541. is life.

  1542. Another

  1543. human life

  1544. only

  1545. fitting

  1546. punishment

  1547. for us

  1548. is death

  1549. and eternal

  1550. damnation.

  1551. But knowing

  1552. that full

  1553. well

  1554. God the

  1555. Father

  1556. loved us

  1557. and sent

  1558. his only

  1559. son,

  1560. the son of

  1561. God

  1562. and the

  1563. son of

  1564. man

  1565. to be

  1566. the

  1567. substitute

  1568. for us

  1569. to take

  1570. our place

  1571. to die

  1572. on the

  1573. cross

  1574. for our

  1575. sins

  1576. and in

  1577. our

  1578. place

  1579. the innocent

  1580. one

  1581. the righteous

  1582. one

  1583. dying

  1584. freely

  1585. giving his

  1586. life

  1587. on the

  1588. cross

  1589. so that

  1590. we

  1591. who are

  1592. convicts

  1593. on death

  1594. row

  1595. can be

  1596. atoned

  1597. for

  1598. and go

  1599. free.

  1600. Only

  1601. death

  1602. can atone

  1603. for our

  1604. sins

  1605. and only

  1606. the death

  1607. of the

  1608. perfect

  1609. sinless

  1610. son of

  1611. God

  1612. can atone

  1613. for all

  1614. of our

  1615. sins

  1616. and that's

  1617. what Jesus

  1618. did.

  1619. And Jesus

  1620. willingly

  1621. and gladly

  1622. paid

  1623. that

  1624. price

  1625. so that

  1626. people who

  1627. have no

  1628. hope of

  1629. freedom

  1630. no hope

  1631. of atonement

  1632. can live

  1633. can have

  1634. eternal

  1635. life.

  1636. So let's

  1637. safeguard human

  1638. life

  1639. because it's

  1640. valuable

  1641. and let's

  1642. trust in

  1643. Jesus who

  1644. has died

  1645. to give

  1646. us life.

  1647. Let's pray

  1648. together.

  1649. Father,

  1650. when we

  1651. see just

  1652. how

  1653. precious

  1654. human

  1655. life is

  1656. from this

  1657. passage,

  1658. we more

  1659. rightly

  1660. understand

  1661. and appreciate

  1662. the true

  1663. price you

  1664. paid,

  1665. the

  1666. preciousness

  1667. of the

  1668. life of

  1669. your son

  1670. Jesus

  1671. Christ

  1672. and why

  1673. that price

  1674. was necessary.

  1675. Father,

  1676. thank you

  1677. for being

  1678. willing to

  1679. pay the

  1680. unspeakable

  1681. price out

  1682. of your

  1683. love for

  1684. us.

  1685. And

  1686. Jesus,

  1687. thank you

  1688. for your

  1689. loving sacrifice

  1690. on our

  1691. behalf.

  1692. Help us

  1693. to now

  1694. live our

  1695. lives

  1696. knowing

  1697. the worth

  1698. and value

  1699. of our

  1700. own lives

  1701. purchased

  1702. by the

  1703. precious

  1704. blood

  1705. of the

  1706. Son of

  1707. God.

  1708. In

  1709. Jesus'

  1710. name we

  1711. pray.

  1712. Amen.