David P. Wright, Brandeis University
The Compositional Logic of the Talion, Miscarriage, and Slave Laws of Exodus 21:22-27

Abstract:

The talion law of Exod 21:22-25 is generally viewed as a stratified composition. Its original core consisted of just the first miscarriage law in v. 22, perhaps also the second miscarriage law in v. 23(a). To this the talion list in vv. (23b)24-25 was added, perhaps in stages (e.g., vv. 23b-24 first, then v. 25). The slave law in vv. 26-27 is generally seen as earlier than the talion list of vv. 23b-25. The reasons for such conclusions include the stylistic differences in the talion law from casuistic law, the imperfect conceptual fit of talion to a case miscarriage, and the difficulty of interpreting the term ‘ason. This paper argues that the talion law is a coherent and unitary composition which is based on the Laws of Hammurabi as a source (Maarav 10 [2003] 11-87; ZABR 10 [2004] 93-142). CC bases its miscarriage law (vv. 22-23) on LH 209-210. CC replaces the unacceptable apodosis in LH 210, which prescribes vicarious punishment, with a summary of the nearby casuistically formulated talion laws of LH 196-201. CC expands the talion injuries beyond those expected for miscarriage, including a “wound” drawn from LH 206-208, to formulate a general rule. General application is marked by the emphatic verb form “you shall give” (meaning “you shall pay,” the equivalent cost). The rule requires compensation in all cases of inadvertent injury and death. This makes up for the temporary omission of compensation for inadvertent homicide from the homicide law of 21:12-14, as required by its source, LH 207. CC resumes the casuistic form of the talion laws of LH 196-201 as they pertain to slaves in vv. 25-26, because non-talion penalties apply. Stylistic and contextual irregularities in the Exodus text are due to revising and combining elements from the source text.