Exodus 23

This section of Exodus includes basic laws that deal especially with the protection of human life and property. By accepting “the book of the covenant” (24:3–8), the people entered into a special relationship with Jehovah and obligated themselves to obey Him. These laws were not arbitrary; they’re based on the character of God and the unchanging moral principles expressed in the Ten Commandments.

Law is powerless to change human nature; it can only protect life and property by regulating human behavior. One of the most dangerous and disastrous periods in Jewish history was the time of the judges when “every man did that which was right in his own eyes” (Judg. 17:6; 18:1; 19:1; 21:25). The enforcing of good laws doesn’t guarantee a perfect society, but it does promote order and prevent anarchy.

Justice is the practical outworking of the righteousness of God in human history, for “the Lord loves righteousness and justice” (Ps. 33:5; see Isa. 30:18; 61:8). There may be a great deal of injustice in our world today, but the time will come when God will judge the world in righteousness by the Savior that the world has rejected, and His judgment will be just (Acts 17:31).

Laws about servants (21:1–11; see also Lev. 25:39–43; Deut. 15:12–18). Though the Jews were permitted to own slaves from other nations, usually prisoners of war, they were not allowed to enslave their own people. Two scenarios are presented here: a man who voluntarily becomes a servant (Ex. 21:1–7), and a woman who is sold to be a servant (vv. 8–11).

If because of poverty, a Jew had to become an indentured servant, his master had to treat him humanely and release him after six years of service. If because of family affection the man wanted to remain in service, and the judges approved it, then he would be marked in the earlobe and remain a servant the rest of his life. However, he was never to be treated like a slave.

A female servant wasn’t automatically set free after six years. If a poor man sold his daughter to be a servant or a concubine, then the girl’s father would receive the sale price, the girl would get a better home, and her husband wouldn’t have to pay a costly dowry. If after becoming the man’s concubine she didn’t please him, somebody in her birth family could redeem her and she would be set free.

If the man had chosen her for his son, and the son came to dislike her and married another woman, then the son’s father had to be sure she was treated like a married daughter. That meant making sure she had clothing, food, and her conjugal rights (1 Cor. 7:1–6). If the father failed to do this, the woman was free to return to her family home and was not considered a slave.

Capital crimes (vv. 12–17). These laws are the logical application of the sixth commandment, “Thou shalt not kill” (20:13; Lev. 24:17). We’re made in God’s image, so to murder a fellow human being is to attack the image of God (Gen. 9:6). If a person was found guilty of murder on the testimony of two or more witnesses (Num. 35:30–31), then the murderer was killed.

The law made a distinction between premeditated murder and accidental manslaughter. If you killed somebody accidentally, you could flee to God’s altar for safety (1 Kings 2:29) until the elders had time to study the matter. Once Israel was in their land, they set apart six cities of refuge where the manslayer could flee and be protected until the matter had been investigated (Num. 35; Deut. 19; Josh. 20). Israel didn’t have a police force; the family of the victim was expected to see that justice was done. But in the heat of anger, they might be more interested in revenge than in justice, so the law stepped in to protect the accused until he was proved guilty.

Children and parents (vv. 21:15, 17). Having dealt with murder in general, the law then dealt with specific cases. The first deals with a man’s mistreatment of his parents, abusing them physically and/or verbally, which would be a violation of the fifth commandment (vv. 15, 17; Lev. 20:9; Deut. 27:16). It’s possible that the “prodigal son law” (21:18–21) applies here and that this son was desperately in need of discipline. Children who have no respect for their parents usually have no respect for any other authority and want only their own selfish way. “Without natural affection” (2 Tim. 3:3) describes some people in these last days, but those kind of people lived in Moses’ day.

Kidnapping is prohibited in Exodus 21:

(Deut. 24:7). If it’s wrong to steal property (Ex. 20:15), then it’s an even greater crime to steal people made in God’s image and to sell them as slaves.

Injuries (vv. 18–32). People aren’t supposed to argue to the point of blows (Prov. 15:1; 25:15), but it happens, and when it does, sometimes people are hurt. If the victim died, the aggressor would pay with his life, but if the victim convalesces and eventually is able to walk about, the aggressor is cleared of further charges. However, he had to reimburse the victim for his time lost from work and for his medical expenses.

Slaves (vv. 20–21). This principle is now applied to a master and his slaves. The Lord didn’t want slaves to be looked upon as pieces of property but as humans made in God’s image and deserving of their human rights. If in disciplining a slave (Prov. 10:13; 13:24), the master went too far and killed the person, the master was to be punished. We aren’t told what the punishment was; it was probably determined by the judges (see Ex. 21:22) and depended on whether there was really intent to kill. (It’s hard to believe that a master would want to destroy his own property and lose the income produced.) If after a few days the slave recovered, his master wasn’t punished, for he had already lost income from the slave during the period of recuperation.

A pregnant woman injured (vv. 22–23). Was she the wife of one of the combatants, and her husband was losing the fight? We don’t know. Scholars don’t agree on the translation of verse 22. Is it “and she gives birth prematurely” (niv) or “and she has a miscarriage”? (niv margin, nasb) The clause “but there is no serious injury” (either to the mother or the child) would suggest that the first translation is to be preferred, since a miscarriage would certainly be a serious thing.

Even though there was no serious injury to the mother or the child, the court was required to fine the guilty man for his aggressive action against somebody who wasn’t a party to the fight. Regardless of the man’s intent, what he did could have caused the death of the child or the mother or both. But if there was serious injury, that is, the mother and/or child was maimed or killed, then the court would follow the lex talionis (vv. 23–25) which says, “The punishment must fit the crime.”

This principle has been severely criticized by some as being “barbaric,” but it’s just the opposite. In an age when the legal system was developing, this law made sure that the punishment meted out by the judges was equal to the seriousness and severity of the crime, not more and not less. If the guilty aggressor blinded his enemy’s eye, then his own eye was blinded. Nothing could be fairer. If you broke your enemy’s finger and the court ordered you to be blinded, that wouldn’t be fair at all, because the sentence must fit the crime. The only time this principle was not enforced was when a master injured a slave, and the slave’s compensation was his or her freedom (vv. 26–27).

When Jesus prohibited His disciples from retaliating against those who hurt them (Matt. 5:38–44; 1 Peter 2:19–21), He was dealing with personal revenge (“I’ll get even with you!”) and encouraging personal forgiveness. He wasn’t criticizing Moses or interfering with the legal system, because He came to fulfill the law and not to destroy it (Matt. 5:17–20). As believers, we have the privilege of waiving our “legal rights” to the glory of God and not demanding compensation (1 Cor. 6:1–8). However, a judge has to see that justice is done and the law is respected.

Injured by an animal (vv. 28–32). The law is clear that the owner was responsible to see that his animal didn’t injure people. A dangerous bull with a record of attacking people had to be kept penned up. If he wasn’t and he killed somebody, the owner was responsible, and both the owner and the animal were put to death. The animal was not eaten because it had been defiled by its awful act. However, the court could fine the owner and allow him to pay a ransom and go free (but see Num. 35:31). Note that the law made no difference between the death of a male or a female (Ex. 21:29, 31). There was a difference, however, when it came to slaves, for the owner of the animal could pay his master thirty pieces of silver to compensate him for the loss (see Matt. 26:14–16).

Property damage (21:33—22:15). In the Promised Land, Israel would become an agricultural society, and a farmer’s animals were important to him, because without them he couldn’t work the land.

Animals injured or killed (21:33–34). If a man’s carelessness and negligence caused an animal to be injured or killed, then he had to pay the owner for the animal, but the owner of the pit could claim the carcass as his own. If one animal killed another, the two owners divided both the carcass of the dead animal and the money received from the sale of the living animal. This law not only revealed God’s concern for justice but also His desire that people be careful and not make it easy for animals to be injured and therefore have to be killed.

Stealing animals (22:1–4). The law made a difference between stolen animals that were killed or sold, and stolen animals still in the possession of the thief. When the thief was found guilty, in the first instance, he had to repay five to one for oxen and four to one for sheep. In the second instance, he had to restore two animals for one. It was bad enough to steal an animal, but to kill or sell that which wasn’t your own was to assume rights that didn’t belong to you. If he couldn’t pay, he was sold as a slave and the money given to the man whose animals he stole.

This law also made a difference between the night thief and the daylight thief. In the daylight, the owner could identify the thief breaking into his pens and could even call for help from his neighbors. To kill the thief in daylight would be an unnecessary expression of revenge. But at night, the owner might not be able to identify the intruder, nor would he know if the man was armed and therefore his own life was in danger. At night it would also take longer to get help.

The law of restitution for stolen animals reminds us of David’s words in 2 Samuel 12: and Zaccheus’ promise in Luke 19:8. The prophet Nathan saw King David as a sheep stealer and Bathsheba as the stolen lamb, for adultery is thievery (1 Thess. 4:1–7). David did repay fourfold: the baby died, Amnon and Absalom were both slain, and Tamar was raped (2 Sam. 12:15—13:33; 18:1–18).

Crops (vv. 5–6). The boundaries of fields were marked by stones at the corners and not by fences around the tract (Deut. 19:14; 27:17; Prov. 22:28; 23:10). Grazing animals wouldn’t know one field from another anyway and would wander wherever the grass was available. The owner was supposed to act like a good neighbor and keep watch. If he didn’t and his animals ate in his neighbor’s field, he had to make restitution in kind to his neighbor, being careful to give him the best, for restitution shouldn’t be something we get away with cheaply.

During the dry season, there was always the danger of fire in the fields that could destroy the grain (Ex. 22:6). It was only right that whoever caused the fire should compensate the people who were deprived of their grain. The words “restore” and “restitution,” used six times in chapter 22 (vv. 1, 3–6, 12), are a translation of the Hebrew word “shalam” that means “to make whole, to make complete” and is related to the familiar Hebrew word “shalom” (“peace, health”). It takes more than confession of guilt for an offender to make things right; it also demands effort on his part to compensate the people who were hurt. Only then can the torn fabric of relationships be mended and society be made whole.

Other people’s belongings (vv. 7–15). Honesty and integrity form the adhesive that holds a healthy and productive society together. If neighbors can’t trust each other, then life becomes difficult. If you ask me to guard your money, material things, or animals, I should faithfully do my job. In spite of my diligence, a thief may break in and steal your possessions, but when he’s caught, he has to restore double. If the thief isn’t caught, then I must be able to prove to the court that I wasn’t careless and that I’m not the culprit. That means one of three things: presenting witnesses who can vouch for my diligence; showing pieces of the animals to prove they were killed by beasts (Gen. 31:39; Amos 3:12); or, lacking these, taking an oath of innocence before the Lord, which is a serious thing. The judges, being God’s representatives to the nation, would discern whether or not I was telling the truth. If it was proved that my neighbor’s animals died, strayed, or were stolen because of my negligence, then I’d have to make proper restitution.

If I borrow one of your animals for doing my farm work, and the animal is injured or dies while in my care, then I must compensate you for your loss. If you’re with me at the time, guiding your own animal, I’m not obligated to pay anything. If I hired the animal from you and paid you the fee, then the fee covers the loss.

Miscellaneous laws (22:16—23:19). Most of these laws need no special explanation, but we’ll note some of the truths inherent in these laws.

Rape (22:16–17). Unmarried girls belonged to their father, and a girl who was not a virgin would not be sought as a wife, so her loss of virginity meant a loss in bridal price to her father. The offender was required to marry the girl, but if the father didn’t want him as a son-in-law, the man could pay the dowry and be set free. If the girl were engaged, the rape was considered adultery, and a different law applied (Deut. 22:23–29).

Sorcery (v. 18). What today is looked upon as a harmless diversion was in Moses’ day rightly identified as a dangerous demonic practice. The Jews were commanded to stay away from everything that was associated with the occult (Lev. 20:6; Deut. 18:10, 14; 1 Sam. 28; Isa. 47:12–14). Galatians 5: associates witchcraft with idolatry.

Bestiality (v. 19) was also part of the religious practices of the heathen nations and was condemned by the Lord (Lev. 18:23; 20:15–16; Deut. 27:21). It was also a perversion of the wonderful gift of sex.

Idolatry (v. 20; 23:13). They were not to sacrifice to other gods under penalty of death, nor were they to mention the names of these gods. Idolatry was Israel’s greatest temptation during their wilderness journey and after they entered the Promised Land, and the Lord warned them to destroy the pagan temples and altars (Deut. 4:14–24).

Selfishness (22:21–27; 23:9). These laws admonish the Jews to be kind to strangers and aliens, widows and orphans, and the poor. The Jews had been strangers in Egypt and for many years were treated kindly, and widows and orphans are the special concern of the Lord (Lev. 19:9–10; Deut. 14:28–29; 16:11, 14; 24:19–21; 26:12–13; Ps. 10:14, 17–18; 68:5; 82:3; 146:9; Isa. 1:23; 10:2; Jer. 7:6; 22:3; Zech. 7:10; Mal. 3:5). The rich must not exploit the poor but give them the help they need (Lev. 25:35–38; Deut. 15:7–11; 23:19–20; 24:6, 10–13; Prov. 28:8). God hears the cries of the afflicted (Ex. 22:23, 27).

Reviling authority (22:28). They might blaspheme God with their lips but also by despising the laws He gave for their good, especially the ones relating to generosity to others (vv. 21–27). Blaspheming God was a capital offense (Lev. 24:10–16). It was against the law to speak evil of a ruler (Prov. 24:21–22; 1 Peter 2:17). Paul apologized when he inadvertently spoke evil of the high priest (Acts 23:4–5; 2 Sam. 19:19; 1 Kings 21:10). God has established human government (Rom. 13), and even if we don’t respect the officer, we must respect the office.

Delay in obeying (vv. 29–30). The firstfruits belong to the Lord, whether it’s a firstborn son, a firstborn male animal (Ex. 13), or the firstfruits of the field and orchard (Prov. 3:9–10). If it’s wrong to withhold a man’s garment (Ex. 22:26–27) or wages (James 5:4), how much worse is it to withhold from the Lord the gifts that He gives us to return to Him?

Defiled meat (v. 31). The reason behind this law is both religious and hygienic. The bodies of animals slaughtered incorrectly would still contain blood, and the eating of blood was forbidden (Lev. 22:8). Furthermore, a carcass lying in the field could quickly become spoiled and spread disease. “Free meat” could be very expensive. A holy people wouldn’t want to touch it, let alone eat it.

Justice (vv. 1–8). This is an amplification of the ninth commandment (20:16), a warning not to endorse falsehood and promote injustice because of what the crowd is doing (Lev. 19:15–16; Deut. 22:13–19). Nor should God’s people be influenced by the wealth or the poverty of the accused or by the bribes people offer them for their support (16:18–20; Isa. 1:23; Mic. 3:11). To condemn an innocent person for personal gain is to become guilty before God, and God doesn’t acquit the guilty (Ex. 23: niv). But Moses also reminded them to be kind to their enemies and to the enemies’ animals (vv. 4–5; Deut. 22:13–15). Our goodness should be the result of obeying laws but practicing love.

Observing the feasts (vv. 10–17). God was in charge of time and instructed the Jews to celebrate the weekly Sabbath by refraining from work. Every seven years they were to celebrate a Sabbatical Year during which the land would be allowed to rest and the poor people could avail themselves of the food that was growing without cultivation (Lev. 25:1–7). The Jews were given ecologically sound laws long ago. But this special year would be a test of their faith as well as of their obedience.

When the people were settled in their land, the men were to gather to worship three times a year, at Passover, Pentecost, and the Feast of Tabernacles. (See Lev. 23 for the Jewish religious calendar.) The men were usually accompanied by their families (see 1 Sam. 1 and Luke 2:40).

“Do not cook a young goat in its mother’s milk” (Ex. 23: niv; 34:26; Deut. 14:21). The young goat was a favorite food of the people, and cooking it in milk was supposed to improve the taste. To use the mother’s milk to cook her own offspring would reveal an attitude of heart that could lead to all kinds of sin. Furthermore, cooking a kid this way was a part of a Canaanite pagan ceremony, and God didn’t want His people emulating the idolaters. Since this law is connected with the Feast of Booths, the harvest festival, perhaps this pagan ritual had something to do with prosperity. The milk was then sprinkled on the trees and fields to help promote fertility, a magical practice that was forbidden to Israel.

The Israelites would remain at Sinai about eleven months, and then they would journey to KadeshBarnea where they were to enter the land (Num. 10:11—14:45). Failing to trust God and claim their inheritance, they were condemned to journey in the wilderness until the generation twenty years old and upward had all died, except for Caleb and Joshua. For thirty-eight years, God would guide His people and then bring them back to the borders of Canaan to enter and claim the land.

The angel here is Jesus Christ, the Son of God, the Angel of the Covenant (Ex. 14:19). Only He can pardon transgressions and only in Him is the wonderful name of the Lord. God had prepared a place for His earthly people (23:20) just as Jesus is preparing a place for His heavenly people (John 14:1–6). If they followed the Lord, He would meet all their needs and defeat all their enemies.

Once again, the Lord warned them about the sin of idolatry, worshipping the false gods of the nations around them, the nations that they would defeat. If Israel devoted themselves wholly to the Lord, He would go before them, confound their enemies, and enable them to conquer the land. Indeed, the “terror of God” did go before Israel and weaken the people in the land (Josh. 2:11; Ex. 15:16). The “hornet” in 23: could well have been the insect that we know, because the people of the East respect the hornet (Deut. 7:20; Josh. 24:12). The Hebrew word is similar to the word for Egypt (zirah/mizraim), so some students believe that the reference is to the Egyptian armies that frequently invaded Canaan before the Jews arrived. In Isaiah 7:18, Egypt is compared to a fly and Assyria to a bee.

It took Joshua and his army about seven years to conquer the land, and the victory was followed by a “mopping up” operation. God planned that they take the land gradually so they could control things, but some of the tribes never did fully conquer the territory that was assigned to them (Judg. 1—2). God set the boundaries of the land (Gen. 15:18–21), and they were reached during the time of David and Solomon (2 Sam. 8:1–14; 1 Kings 4:20–25), but when the nation divided, they began to lose territory to their enemies.