Exodus 21:20

his servant, or his maid i.e. (cf. marg.) his male or female slave.

a rod The usual implement of punishment (Proverbs 10:13; Proverbs 13:24).

punished lit. avenged; so v.21. In what the punishment consisted, is not stated. The Jews (Mechilta, Ps.-Jon., &c.) understood death (viz. by the sword) to be intended: but in that case -he shall surely be put to death" would certainly have been said, as in other cases (vv.12, 15, 16, & c.); besides, vv.21 (cf. 19 f.), 26 f. (cf. 23 ff.), 32 (cf. 28 ff.) shew that a marked difference was made between a slave and a free man. No doubt the determination of the penalty was left to the discretion of the judge (Di.), or it was a fine payable to the sanctuary (Bä.), the amount of which varied with the means of the slave's master.