If the servant gets up after a couple of days, the master does not receive the penalty for murder, because the servant will receive financial restitution to compensate him for his injuries. The master must pay silver to the servant as restitution, so he should not receive any physical punishment.
A clearer expression of Exodus 21:20-21 would be the following.
If a man beats his male or female servant with a rod and the servant dies as a direct result, he should receive the penalty for murder, but he if the slave gets up after a day or two, he must not be punished for murder, but the slave should receive financial compensation from him.
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