18 And if men strive together, and one smite another with a stone, or with his fist, and he die not, but keepeth his bed:

19 If he rise again, and walk abroad upon his staff, then shall he that smote him be quit: only he shall pay for the loss of his time, and shall cause him to be thoroughly healed.

20 And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished.

21 Notwithstanding, if he continue a day or two, he shall not be punished: for he is his money.

Today we have rules for a killing that was not directly intended, but which did arise from violence. The killer was not so innocent as if he had carelessly dropped a brick off a roof when a man walked underneath, but he was not so guilty as if he had carried out a premeditated murder.

Forceful violence always has the chance of causing death, but it is not a sure thing. So, too, the attacker’s fate would remain unsure until the outcome of his actions fully played out. If the man that he struck survived, then the attacker would have to pay to cover the man’s lost time and see him thoroughly healed. If the victim should die, though, then the attacker would be put to death, the same as a murderer, for that is what fate determined him to be.

These same punishments are then echoed for a master who beat his servant. Note that verse 20 only says that the master would be “punished” for killing a servant, without specifying what that punishment would be. In the Talmud, though, it is specified that the punishment was still death, the same as against a free man. Also, since the servant or his family would have already been paid for his service, then the master would simply eat the cost for his own brutality. The servant would not lose any earnings for the missed days’ labor.