Personal injuries
Exodus 21:12-36
12 ‘Anyone who strikes a person with a fatal blow is to be put to death. 13 However, if it is not done intentionally, but God lets it happen, they are to flee to a place I will designate. 14 But if anyone schemes and kills someone deliberately, that person is to be taken from my altar and put to death.
15 ‘Anyone who attacks their father or mother is to be put to death.
16 ‘Anyone who kidnaps someone is to be put to death, whether the victim has been sold or is still in the kidnapper’s possession.
17 ‘Anyone who curses their father or mother is to be put to death.
18 ‘If people quarrel and one person hits another with a stone or with their fist and the victim does not die but is confined to bed, 19 the one who struck the blow will not be held liable if the other can get up and walk around outside with a staff; however, the guilty party must pay the injured person for any loss of time and see that the victim is completely healed.
20 ‘Anyone who beats their male or female slave with a rod must be punished if the slave dies as a direct result, 21 but they are not to be punished if the slave recovers after a day or two, since the slave is their property.
22 ‘If people are fighting and hit a pregnant woman and she gives birth prematurely but there is no serious injury, the offender must be fined whatever the woman’s husband demands and the court allows. 23 But if there is serious injury, you are to take life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise.
26 ‘An owner who hits a male or female slave in the eye and destroys it must let the slave go free to compensate for the eye. 27 And an owner who knocks out the tooth of a male or female slave must let the slave go free to compensate for the tooth.
28 ‘If a bull gores a man or woman to death, the bull is to be stoned to death, and its meat must not be eaten. But the owner of the bull will not be held responsible. 29 If, however, the bull has had the habit of goring and the owner has been warned but has not kept it penned up and it kills a man or woman, the bull is to be stoned and its owner also is to be put to death. 30 However, if payment is demanded, the owner may redeem his life by the payment of whatever is demanded. 31 This law also applies if the bull gores a son or a daughter. 32 If the bull gores a male or female slave, the owner must pay thirty shekels of silver to the master of the slave, and the bull is to be stoned to death.
33 ‘If anyone uncovers a pit or digs one and fails to cover it and an ox or a donkey falls into it, 34 the one who opened the pit must pay the owner for the loss and take the dead animal in exchange.
35 ‘If anyone’s bull injures someone else’s bull and it dies, the two parties are to sell the live one and divide both the money and the dead animal equally. 36 However, if it was known that the bull had the habit of goring, yet the owner did not keep it penned up, the owner must pay, animal for animal, and take the dead animal in exchange.
(message)
V12 – 17 are easy to understand. Intentional murder is dealt with in v12 and 14.
See v18 – v19. What they say is that the offender is not liable if the victim can be recovered from the physical injury. But the offender should pay for any loss of time and cost of medical treatment till the complete recovery.
In Australia, the offender is liable for ‘common assault’ even if the victim is not physically injured. This entails penalties like fine, imprisonment, and criminal conviction [2]. If physical injuries are involved, there are greater penalties, and the victim can claim compensation including medical expenses and wage loss [3].
V18-19 are applicable if the victim is recoverable from the injuries. See Leviticus 24:19-20 for more serious cases.
19 Anyone who injures their neighbour is to be injured in the same manner: 20 fracture for fracture, eye for eye, tooth for tooth. The one who has inflicted the injury must suffer the same injury.
In the above cases, the offender is liable and the penalties shown in Leviticus 24:20 are applied.
Exodus 21:23 also says so in the context of a pregnant woman,
23 But if there is serious injury, you are to take life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise.
Regarding to discipling children, parents are not guilty of ‘assault’ as shown in [4]:
In the context of disciplining children, section 61AA of the Crimes Act 1900 (NSW) contains the defence of ‘law correction’ which provides that a parent, or person acting in place of a parent, is not guilty of assaulting a child if the force was applied for the purpose of punishment and ‘was reasonable having regard to the age, health, maturity or other characteristics of the child, the nature of the alleged misbehaviour or other circumstances’
The defence is not available where the force was applied to any part of the head or neck of the child, or to any other part of the body in such a way as to be likely to cause harm that lasts for more than a short period.
Proverbs 20:30 says
30 Blows and wounds scrub away evil,
and beatings purge the inmost being.
V20 ~ v36 are easily understood.
References
[1] The Holy Bible: New International Version (Anglicised Edition, 2011). (2011). (Revised and updated edition). London: Hodder & Stoughton.
[3] https://www.marsdens.net.au/services/injury-compensation-law/victims-compensation/
[4] https://www.sydneycriminallawyers.com.au/blog/what-is-common-assault/
