Exodus 21:12-32 — "Lex Talioni

The Civil Law - How God’s mercy and justice enter into society. God’s protection for the poor and the vulnerable. God’s people’s protection of the poor and vulnerable.

Micah 6:8 (ESV) — 8 He has told you, O man, what is good; and what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God?

“This all looks weird and ancient and oppressive”. Well, by what standard? C.S. Lewis’s Mere Christianity makes a strong case in challenging our opposition to the moral law.

Crimes of Intent:

Exodus 21:12–21 (ESV) — 12 “Whoever strikes a man so that he dies shall be put to death. 13 But if he did not lie in wait for him, but God let him fall into his hand, then I will appoint for you a place to which he may flee. 14 But if a man willfully attacks another to kill him by cunning, you shall take him from my altar, that he may die. 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; only he shall pay for the loss of his time, and shall have him thoroughly healed. 20 “When a man strikes his slave, male or female, with a rod and the slave dies under his hand, he shall be avenged. 21 But if the slave survives a day or two, he is not to be avenged, for the slave is his money.

Life for life

“Fall into his hand” --- Sanctuary city

Take him from the altar - some tried to hold onto the altar for reprieve or mercy. (“You can’t tag me on home base”)

Man-stealing

If a man hits with rock or fist (probably angry but not premeditated), that person should pay what we might call worker’s compensation.

A slave isn’t considered mere property or chattel, they are a person.

Unintentional/Accidental Crimes:

Exodus 21:22–27 (ESV) — 22 “When men strive together and hit a pregnant woman, so that her children come out, but there is no harm, the one who hit her shall surely be fined, as the woman’s husband shall impose on him, and he shall pay as the judges determine. 23 But if there is harm, then you shall pay life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, stripe for stripe. 26 “When a man strikes the eye of his slave, male or female, and destroys it, he shall let the slave go free because of his eye. 27 If he knocks out the tooth of his slave, male or female, he shall let the slave go free because of his tooth.

Lex Talionis (Law of the tooth) - punishment fits the crime. Notice that it is a payment in retribution, not exactly ‘tooth for tooth’.

A slave is freed for mistreatment. Nothing like this was seen in the ancient world, and nothing like it was seen for thousands of years.

Crimes of Negligence:

Exodus 21:28–36 (ESV) — 28 “When an ox gores a man or a woman to death, the ox shall be stoned, and its flesh shall not be eaten, but the owner of the ox shall not be liable. 29 But if the ox has been accustomed to gore in the past, and its owner has been warned but has not kept it in, and it kills a man or a woman, the ox shall be stoned, and its owner also shall be put to death. 30 If a ransom is imposed on him, then he shall give for the redemption of his life whatever is imposed on him. 31 If it gores a man’s son or daughter, he shall be dealt with according to this same rule. 32 If the ox gores a slave, male or female, the owner shall give to their master thirty shekels of silver, and the ox shall be stoned. 33 “When a man opens a pit, or when a man digs a pit and does not cover it, and an ox or a donkey falls into it, 34 the owner of the pit shall make restoration. He shall give money to its owner, and the dead beast shall be his. 35 “When one man’s ox butts another’s, so that it dies, then they shall sell the live ox and share its price, and the dead beast also they shall share. 36 Or if it is known that the ox has been accustomed to gore in the past, and its owner has not kept it in, he shall repay ox for ox, and the dead beast shall be his.

These laws concern responsibility and carelessness. (Reckless driving, insurance liabilities, vicious animals, etc.)

Summary: People are given rights. They are protected under the law. The Lex Talionis laws were not meant to create a culture of revenge and pride, it was meant to cut off a culture of vengeance and cruelty. It was meant to deal out equitable justice for all. — Chelsea and I went to Scotland and were told to go visit the burned ruins of a church where an opposing clan had locked the doors during church service and burned the building down with all of the people in it because of a clan feud.

But you may remember that Jesus cites this law in the Sermon on The Mount.

Matthew 5:38–42 (ESV) — 38 “You have heard that it was said, ‘An eye for an eye and a tooth for a tooth.’ 39 But I say to you, Do not resist the one who is evil. But if anyone slaps you on the right cheek, turn to him the other also. 40 And if anyone would sue you and take your tunic, let him have your cloak as well. 41 And if anyone forces you to go one mile, go with him two miles. 42 Give to the one who begs from you, and do not refuse the one who would borrow from you.

You know when Jesus says, “you have heard it said” that someone has misinterpreted the point.

He clarifies that though the law was meant to protect the vulnerable and provide a measure of justice, it isn’t meant to protect your pride.

People were appealing to these laws to clasp onto their so-called rights not to be trampled on, slighted, maligned, or snubbed. Have you ever met someone like this? Have you ever acted like this? Road rage. A harsh look from a spouse. Do you retaliate and react instead of responding with humility, meekness, and grace?

Christianity Both Upholds The Rights of Others And Surrenders The Rights of Self

Look at Paul’s argument for surrendering his rights in 1 Cor. 9.

Philippians 3:4–11 (ESV) — 4 though I myself have reason for confidence in the flesh also. If anyone else thinks he has reason for confidence in the flesh, I have more: 5 circumcised on the eighth day, of the people of Israel, of the tribe of Benjamin, a Hebrew of Hebrews; as to the law, a Pharisee; 6 as to zeal, a persecutor of the church; as to righteousness under the law, blameless. 7 But whatever gain I had, I counted as loss for the sake of Christ. 8 Indeed, I count everything as loss because of the surpassing worth of knowing Christ Jesus my Lord. For his sake I have suffered the loss of all things and count them as rubbish, in order that I may gain Christ 9 and be found in him, not having a righteousness of my own that comes from the law, but that which comes through faith in Christ, the righteousness from God that depends on faith— 10 that I may know him and the power of his resurrection, and may share his sufferings, becoming like him in his death, 11 that by any means possible I may attain the resurrection from the dead.

1 Peter 3-4

1 Peter 4:1 (ESV) — 1 Since therefore Christ suffered in the flesh, arm yourselves with the same way of thinking, for whoever has suffered in the flesh has ceased from sin,

Love covers a multitude of sins.

Philippians 2:1–11 (ESV) — 1 So if there is any encouragement in Christ, any comfort from love, any participation in the Spirit, any affection and sympathy, 2 complete my joy by being of the same mind, having the same love, being in full accord and of one mind. 3 Do nothing from selfish ambition or conceit, but in humility count others more significant than yourselves. 4 Let each of you look not only to his own interests, but also to the interests of others. 5 Have this mind among yourselves, which is yours in Christ Jesus, 6 who, though he was in the form of God, did not count equality with God a thing to be grasped, 7 but emptied himself, by taking the form of a servant, being born in the likeness of men. 8 And being found in human form, he humbled himself by becoming obedient to the point of death, even death on a cross. 9 Therefore God has highly exalted him and bestowed on him the name that is above every name, 10 so that at the name of Jesus every knee should bow, in heaven and on earth and under the earth, 11 and every tongue confess that Jesus Christ is Lord, to the glory of God the Father.

God is Holy — Lex Talionis means ‘rightly-measured’ justice, and in the wages of sin, the rightly-measured wage is death. God’s justice demands full payment, otherwise He fails to be just. The only way that God can be both just in paying the wages of sin and pardon us with mercy is to bear upon His son the full penalty of our sin in our place. The payment is made in full ‘eye for eye, tooth for tooth, life for life’, but we are spared by love. Glory be to God! Glory be to God for this mercy and forgiveness!

Application

Matthew 16:24 (ESV) — 24 Then Jesus told his disciples, “If anyone would come after me, let him deny himself and take up his cross and follow me.

Repentance

Reassurance

Communion

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