the instrument, instead of being evidence in his favor,
is point blank against him; for, to strike him with
a rod until he dies, argues a great
many blows laid on with great violence,
and this kept up to the death-gasp, establishes the
point of intent to kill. Hence the sentence,
“He shall surely be punished.”
The case is plain and strong. But if he continued
a day or two, the length of time that he
lived, together with the kind of instrument
used, and the fact that the master had a pecuniary
interest in his life, ("he is his money,”)
all, made out a strong case of circumstantial evidence,
showing that the master did not design to kill;
and required a corresponding decision and sentence.
A single remark on the word “punished:”
in Exodus xxi. 20, 21, the Hebrew word here rendered
punished, (Nakum,) is not so rendered
in another instance. Yet it occurs thirty-five
times in the Old Testament—in almost every
instance, it is translated avenge—in
a few, “to take vengeance,” or “to
revenge,” and in this instance ALONE, “punish.”
As it stands in our translation, the pronoun preceding
it, refers to the master—the master
in the 21st verse, is to be punished, and in
the 22d not to be punished; whereas the preceding
pronoun refers neither to the master nor to
the servant, but to the crime, and the
word rendered punished, should have been rendered
avenged. The meaning is this: If
a man smite his servant or his maid with a rod, and
he die under his hand, IT (the death) shall surely
be avenged, or literally, by avenging it shall
be avenged; that is, the death of the servant
shall be avenged by the death of the
master. So in the next verse—“If
he continues a day or two,” his death shall
not be avenged by the death of the master,
for in that case the crime was to be adjudged manslaughter,
and not murder, as in the first instance.
In the following verse, another case of personal injury
is stated, not intentional, nor extending to life
or limb, a mere accidental hurt, for which the injurer
is to pay a sum of money; and yet our translators
employ the same phraseology in both places. One,
an instance of deliberate, wanton, killing by piecemeal.
The other and accidental, and comparatively
slight injury—of the inflicter, in both
cases, they say the same thing! “He shall
surely be punished.” Now, just the
difference which common sense would expect to find
in such cases, where GOD legislates, is strongly marked
in the original. In the case of the servant wilfully
murdered, God says, “It (the death) shall surely
be avenged,” (Nakum,) that is,
the life of the wrong doer shall expiate the crime.
The same word is used in the Old Testament, when the
greatest wrongs are redressed, by devoting the perpetrators,