Exodus 21:21 - Master's liability for slaves.

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Hebrew Text

אַךְ אִם־יוֹם אוֹ יוֹמַיִם יַעֲמֹד לֹא יֻקַּם כִּי כַסְפּוֹ הוּא׃

English Translation

But if he continues a day or two, he shall not be punished: for he is his money.

Transliteration

Akh im-yom o yomayim ya'amod lo yukam ki kaspu hu.

Hebrew Leining Text

אַ֥ךְ אִם־י֛וֹם א֥וֹ יוֹמַ֖יִם יַעֲמֹ֑ד לֹ֣א יֻקַּ֔ם כִּ֥י כַסְפּ֖וֹ הֽוּא׃ {ס}

Parasha Commentary

Context of the Verse

The verse (Exodus 21:21) appears in the context of the laws concerning a Hebrew slave who is struck by his master. The Torah outlines the consequences for a master who causes fatal injury to his slave, but this verse provides an exception if the slave survives for a day or two after the injury.

Literal Interpretation (Peshat)

Rashi explains that if the slave dies immediately from the blow, the master is subject to capital punishment (as per the previous verse). However, if the slave survives for a full day or two ("yom o yomayim") and then dies, the master is exempt from capital punishment because the slave is considered "kaspó hu"—his property. This implies financial compensation may apply instead.

Legal Implications (Halachah)

Rambam (Hilchot Rotzeach 2:12-14) derives from this verse that a master who kills his slave intentionally is liable for capital punishment, but if the death occurs after a delay (a day or two), it is treated as accidental, and the master is exempt from execution. The Talmud (Sanhedrin 52b) discusses this principle, noting that the delay indicates the injury may not have been the direct cause of death.

Moral and Ethical Lessons (Derash)

The Midrash (Mechilta) emphasizes that even a slave's life is precious, and the Torah limits a master's authority over his servant.
The phrase "ki kaspó hu" is interpreted by some commentators (e.g., Ibn Ezra) as a reminder that the slave is still a human being, despite being acquired as property.
The Sforno suggests that the exemption after a delay teaches that only clear, immediate causation warrants capital punishment, reflecting the Torah's caution in imposing the death penalty.

Grammatical Nuances

The term "yom o yomayim" (a day or two) is understood by some commentators (e.g., Rashbam) as idiomatic, meaning any short but significant period of time, not strictly 24 or 48 hours. This aligns with the legal principle that delayed consequences imply diminished direct responsibility.

📚 Talmud Citations

This verse is not quoted in the Talmud.

Frequently Asked Questions

Q: What does Exodus 21:21 mean when it says 'he shall not be punished: for he is his money'?
A: This verse discusses the case of a Jewish servant who was injured by his master. Rashi explains that if the servant recovers and can return to work after a day or two, the master is not punished because the servant is considered 'his money' - meaning the master suffers a financial loss from the servant's temporary inability to work, which serves as sufficient penalty.

Q: Why does the Torah give special consideration for injuries to servants in Exodus 21:21?
A: The Talmud (Kiddushin 22b) teaches that this verse shows the Torah's concern for even those in servitude. While the master has rights over the servant's labor, he does not have unlimited rights over the servant's body. The temporary nature of Jewish servitude (until the Jubilee year) and these protections demonstrate the Torah's balanced approach to this institution.

Q: How does Exodus 21:21 apply to employer-employee relationships today?
A: The Rambam (Hilchos Chovel U'Mazik 4:11) derives from this verse that causing financial harm to others through injury is prohibited. Today, this teaches employers to be careful with workers' wellbeing, as the Torah values human dignity even in work relationships. The temporary nature of the injury in the verse also reminds us that all employment relationships in Jewish law are ultimately temporary arrangements with mutual responsibilities.