The law allowed disciplinary rod-beating for a servant (Ex 21.20f), apparently under the same conditions as that for free men:

> If men quarrel and one hits the other with a stone or with his fist and he does not die but is confined to bed, 19 the one who struck the blow will not be held responsible if the other gets up and walks around outside with his staff; however, he must pay the injured man for the loss of his time and see that he is completely healed. If a man beats his male or female slave with a rod and the slave dies as a direct result, he must be punished, 21 but he is not to be punished if the slave gets up after a day or two, since the slave is his property (ksph--"silver"; not the normal word(s) for property, btw).

Free men could likewise be punished by the legal system by rod-beating (Deut 25.1-3; Prov 10.13; 26.3), as could rebellious older sons (Prov 13.24; 22.15; 23.13). Beating by rod (shevet) is the same act/instrument used in flogging (2 Sam 7.14; Ps 89.32). This verse is in parallel to verses 18-19. If two people fight but no one dies, the aggressor is punished by having to 'retributively' pay (out of his own money--"silver", ksph) for the victim's lost economic time and medical expenses. If it is a person's slave and this occurs, there is no (additional) economic payment -- the lost productivity and medical expenses of the wounded servant are (punitive economic) loss alone. There was no other punishment for the actual damage done to the free-person in 18-19, and the slave seems to be treated in the same fashion. Thus, the 'property' attribute doesn't seem to suggest any real difference in ethical treatment of injury against a servant. Rather, the Mosaic Law was a radically progressive step for its time, designed to mitigate cruelty and grant rights to slaves, unlike surrounding nations where slaves were mere property with zero rights.

> Exodus 21:20–21, “If a man strikes his male or female slave with a rod and he dies at his hand, he shall be punished. 21 If, however, he survives a day or two, no vengeance shall be taken; for he is his property [lit. money].”

Slavery is a consequence of the Fall, not God's design. The Mosaic Law mitigated its harshness. Corporal punishment was common in the Ancient Near East and was used upon the free as well as slaves: Code of Hammurabi, 211; Scourged, Twelve Tables of Roman Law 8:15. Likewise, in the Bible, the rod was applied to slaves and non-slaves alike.

Also, prisons were not common back then. They were costly, required maintenance, and needed people to work them. So, in the ancient near East, discipline was delivered quickly. Then, both the judged and society would move forward.

Corporal punishment was common in the Ancient Near East and was used upon the free as well as slaves: Code of Hammurabi, 211; Scourged, Twelve Tables of Roman Law 8:15 (See Quotes from various Ancient Near East Law Codes regarding Slavery). Likewise, in the Old Testament, the rod was applied to slaves and non-slaves alike as part of the legal and social structures of the time.

Also, prisons were not common back then. They were costly, required maintenance, and needed people to work them. So, in the ancient Near East, discipline was delivered quickly. Then, both the judged and society would move forward. Christians understand these harsh historical realities as part of God's condescension to a fallen world, progressively leading humanity toward the perfect justice, dignity, and love ultimately revealed in Christ.