Wednesday, February 22, 2012

Assaults and Personal Injuries

Exodus 21:12-26

Humans became susceptible to death as a result of Adam’s sin, as Romans 5:12 tells us. “Wherefore, as by one man sin entered into the world, and death by sin; and so death passed upon all men, for that all have sinned:” A few years later, Cain murdered Abel in rebellion against God for not ignoring his standards. Since that time, murder and violence has been a constant problem. The commandment was “Thou shalt not kill,” but because people are killed as a result of different events, God gave specific instructions as to what conditions required what penalty.

“He that smiteth a man, so that he die, shall be surely put to death.” (Exodus 21:12)

As a general prionciple, causing another person’s death required the death penalty. It is exactly the same principle that was stated to Noah in Genesis 9:6 and has generally been accepted by most cultures since.

“Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of God made he man.” 

Since humans were created in the image of God, killing one is an act of rebellion in striking out against God. In essence one sets himself up as God, claiming the power of life and death for himself.

“And if a man lie not in wait, but God deliver him into his hand; then I will appoint thee a place whither he shall flee.” (Exodus 21:13)

Sometimes a person is killed as a result of carelessness or in an effort to protect one’s life or property, with no initial intention of killing anyone. In cases of manslaughter, God would provide cities of refuge where the guilty party could go for protection, If he was judged innocent of deliberate intent to kill, he would be protected as long as he remained in the city. In essence it was a life sentence. It was up to the guilty party to stay inside the city. A life had been taken and could not be restored, and justice requires that a life be given in return. The person’s life was forfeit if he left the city except for certain special situations. Numbers 35 explains the details in depth. Use of a weapon intended for killing things such as a spear or knife made it voluntary manslaughter and was to be treated as murder.

“But if a man come presumptuously upon his neighbour, to slay him with guile; thou shalt take him from mine altar, that he may die. And he that smiteth his father, or his mother, shall be surely put to death.” (Exodus 21:14-15)

Any deliberate assault or entrapment which led to a person’s death was to be considered as murder. Domestic violence that resulted in death was murder. They had taken advantage of other people’s trust to kill them. There was to be no place where they were protected from the consequences of their sin.

“And he that stealeth a man, and selleth him, or if he be found in his hand, he shall surely be put to death.” (Exodus 21:16)

Kidnapping required execution, even if the victim was recovered alive. In essence, the kidnapper has stolen the victims life and justice requires that he give his life in return.

“And he that curseth his father, or his mother, shall surely be put to death.” (Exodus 21:17)

 Exodus 20:12 states the principle. “Honour thy father and thy mother: that thy days may be long upon the land which the LORD thy God giveth thee.” God placed the parents in authority to raise and teach children. Rebellion and cursing of one’s parents is a deliberate challenge to God’s authority. It called for execution, just as did a physical assault.

“And if men strive together, and one smite another with a stone, or with his fist, and he die not, but keepeth his bed: If he rise again, and walk abroad upon his staff, then shall he that smote him be quit: only he shall pay for the loss of his time, and shall cause him to be thoroughly healed.” (Exodus 21:18-19)

If a person was seriously injured in a fight, regardless who caused the fight, the one who hurt him was responsible for his medical bills and lost wages until he recovered.

“And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished. Notwithstanding, if he continue a day or two, he shall not be punished: for he is his money.” (Exodus 21:20-21)

The same laws applied whether the injured party was a free person or an employee or slave. For an employee or slave, the owner was already obligated to pay their wages as agreed.

“If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow: he shall be surely punished, according as the woman's husband will lay upon him; and he shall pay as the judges determine. And if any mischief follow, then thou shalt give life for life, Eye for eye, tooth for tooth, hand for hand, foot for foot, Burning for burning, wound for wound, stripe for stripe.” (Exodus 21:22-25) 

If a woman was injured in a fight and lost a child but nothing else developed, the husband was to sue for recompense for the loss of the child and the judges were to determine an appropriate figure. If permanent injury occurred to the woman, a similar injury was to be inflicted on the one causing it. Again justice requires giving what one has taken away, even itf it doesn‘t replace what was taken..

“And if a man smite the eye of his servant, or the eye of his maid, that it perish; he shall let him go free for his eye's sake. And if he smite out his manservant's tooth, or his maidservant's tooth; he shall let him go free for his tooth's sake.” (Exodus 21:26-27)

Slaves and employees were protected from abuse. Any permanent injury, even as minor as a chipped or broken tooth required setting the servant free and the loss of the wages agreed upon. It is obvious that God takes human life far more seriously than our courts do. Most states no longer allow the death penalty, and it is seldom administered even in those where it is still legal. Rather than making the prisoner pay his own way, taxpayers are forced to pay more than twice an average annual family’s income each year to keep individual criminals in prison, in effect penalizing the victims of the crimes. Murderers are routinely released long before their sentence is completed, and seldom receive a life sentence without the possibility of parole, implying that the victim was less important than the murderer.

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