John Calvin Commentary Exodus 21:20

"And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall surely be punished." — Exodus 21:20 (ASV)

And if a man smite his servant. Although in civil matters there was a wide distinction between slaves and free men, still, so that God may show how dear and precious human lives are to Him, He shows no partiality concerning murder, but avenges the death of a slave and a free man in the same way, if he dies immediately from his wound.

Indeed, it was a proof of gross barbarism among the Romans and other nations to give masters the power of life and death. For human beings are bound together by a more sacred tie than to permit a master to kill his wretched slave with impunity. Nor are some people so set over others that they may exercise tyranny or robbery, neither does reason permit any private individual to usurp the power of the sword.

But, although unjust cruelty was not prohibited by the laws of Rome as it should have been, yet they³⁷ confessed that slaves should be treated like hired servants. The exception that immediately follows does not seem very consistent. For, if the slave dies after some time, the penalty for murder is remitted; whereas it would often be preferable to die at once from a single wound than to perish from a lingering illness. And it might happen that the slave is so bruised and maimed by blows as to die some time afterwards.

In this case, the master’s cruelty would surely be greater than if he had committed the murder under the impulse of burning anger; therefore, the enactment appears to be very unjust. But it must be remarked that the murder of those slaves who had been obliged to take to their bed from their wounds was not unpunished.

From this we gather that it was not allowable for cruel and truculent masters to wound their slaves severely. This is what the words expressly imply, for the smiter is only exempted from punishment when he has so restrained himself that the marks of his cruelty do not appear.

For the slaves to “stand for one or two days,”³⁸ is equivalent to saying that they were perfect and sound in all their limbs. But if a wound had been inflicted, or there was any mutilation, the smiter was guilty of murder. Therefore, none is absolved but he who only meant to chastise his slave; and where no injury appears, it is probable that there was no intention to kill him.

While, then, this law prohibits bloodthirsty assaults, it by no means gives greater license to murder. The reason that is added must be restricted to the private loss, because a murderer would never be absolved on the pretext that he had purchased his slave with money, since a human life cannot be valued in that way.

³⁷ “Les gens prudens;” their wise men. — Fr..

³⁸ A. . V., “continue for a day or two.” Ainsworth, ., “continue for a day or two.” Ainsworth, in loco: “Heb., : “Heb., stand, which the Greek translateth , which the Greek translateth live.”.”