Exodus 21:20

וכי יכה איש את עבדו או את אמתו AND IF A MAN SMITE HIS SERVANT OR HIS MAIDSERVANT — Scripture speaks of a Canaanitish servant. Or perhaps this is not so, but it speaks of a Hebrew servant? Scripture however states, (Exodus 21:21) “for he is his money”. How is it in the case of his money? It is something that is his forever (i. e. it is something the possession of which is not limited to a definite time)! So also the servant referred to here is such a one as is his forever (and only a Canaanitish servant serves his master for ever, cf. Leviticus 25:46, whilst the Hebrew servant goes free after six years). But surely he (one that smites his servant) is included in the general statement, (Exodus 21:12) ”Whosoever smiteth a man [so that he die shall surely be put to death]”; why, then, is this case mentioned at all? But Scripture singles it out from the general statement that he (who smiteth his servant etc.) may be subject to the particular regulation of “a day or two” (Exodus 21:21) — that if he (the servant) does not die beneath his hand and continue to live twenty-four hours his master should be freed from the death-penalty (Mekhilta). בשבט WITH A ROD — Scripture speaks of a rod that is capable of inflicting death. Or perhaps it speaks even of one that is not capable of inflicting death (but some-how or other the servant died beneath his hand)? Scripture however states, (Numbers 35:17) in reference to an Israellite (cf. Numbers 35:15) “And if he smote him with a stone in the hand, wherewith he may die, [and he die, he is a murderer]”. Now is not the following statement a logical conclusion à fortiori? How is it if one has killed an Israelite whose case is more stringent (inasmuch as the leniency mentioned in v. 21 is not applied to it)? He is not subject to the death penalty unless he smote him with an instrument capable of inflicting death and unless it be a limb through the striking of which by such an instrument he is likely to die! Then in the case of a servant where (as can be seen from v. 21) the conditions are less stringent, does it not follow all the more that he is not subject to the death penalty? (cf. Mekhilta). נקם ינקם HE SHALL SURELY BE AVENGED — This means execution by the sword. For thus does Scripture state, (Leviticus 26:25) “a sword avenging the vengeance of my covenant” (Mekhilta; Sanhedrin 52b).

וְכִֽי־יַכֶּה֩ אִ֨ישׁ אֶת־עַבְדּ֜וֹ א֤וֹ אֶת־אֲמָתוֹ֙ בַּשֵּׁ֔בֶט וּמֵ֖ת תַּ֣חַת יָד֑וֹ נָקֹ֖ם יִנָּקֵֽם׃

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