Exodus (21-22)
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Exodus 21
1 “Now these are the judgements which thou shalt set before them: — now these are the judgements; the judicial laws and legal precedents, respecting the state of the people of Israel, so called because they are founded on justice and equity, and are according to the judgement precedents before;
2 If thou buy a Hebrew servant, six years he shall serve; and in the seventh he shall go out free for nothing. — if thou buy an Hebrew servant; every Israelite was free-born; but slavery (through poverty, debt, or crime) was permitted under certain restrictions.
3 If he came in by himself, he shall go out by himself; if he was married, then his wife shall go out with him. — if he came in by himself, he shall go out by himself; that is, if he came into his servitude on his free will;
— if he were married, then his wife shall go with him; that is, if he had a wife, a daughter of Israel, as the Targum of Jonathan says; “but if (he be) the husband of a wife, a daughter of Israel, his wife shall go out with him.”
4 If his master has given him a wife, and she has borne him sons or daughters, the wife and her children shall be her master’s, and he shall go out by himself.
— if his master have given him a wife; if, however, the Hebrew slave, being previously unmarried, had been allowed by his master to take to wife one of his female slaves, then, when the husband claimed his freedom, both she and her children remained in his master’s stronghold.
5 And if the servant shall plainly say, ‘I love my master, my wife, and my children; I will not go out free,’ — if a man has no rights, he is thankful for small mercies, and responds with warm feeling to those who treat him kindly.
6 then his master shall bring him unto the judges (Elohim). He shall also bring him to the door or unto the doorpost, and his master shall bore his ear through with an awl, and he shall serve him for ever. — his master shall bring him unto the judges (Elohimin in the original Hebrew); a formal act, a divine act, santifies by God as if they are God’s envoy, hence these judges are acting as Elohim; “for my name is in him” Exodus 23:21
7 “And if a man sell his daughter to be a maidservant, she shall not go out as the menservants do. — if a man sell his daughter; Hebrew girls might be redeemed for a reasonable sum. But in the event of her parents or friends being unable to pay the redemption money, her owner was not at liberty to sell her elsewhere.
8 If she please not her master who hath betrothed her to himself, then shall he let her be redeemed. To sell her unto a strange nation he shall have no power, seeing he hath dealt deceitfully with her. — then shall he let her be redeemed, either by herself or friends, or any other person that will redeem her, but not selling her to a foreigner.
9 And if he has betrothed her unto his son, he shall deal with her after the manner of daughters. — he shall deal with her after the manner of daughters; as if she was his daughter, and give her a dowry: or the son shall treat her after the manner the daughters of Israel are treated when married;
10 If he take for himself another wife, her food, her raiment, and her duty of marriage shall he not diminish. — her food, her raiment, and her duty of marriage, shall he not diminish; neither deny it her in whole, nor lessen it in part, but give her her full due of each.
11 And if he does not do these three unto her, then shall she go out free, without money. — then shall she go out free without money; be dismissed from her servitude, and not obliged to pay anything for her freedom;
12 “He that smiteth a man so that he die shall be surely put to death. — shall surely be put to death; by the order of the civil magistrate, and by the hand of such as shall be appointed by him; for this is the law of God;
13 And if a man lie not in wait, but God deliver him into his hand, then I will appoint thee a place whither he shall flee. — his life is taken away by him, though not purposely and maliciously; a distinction being drawn between accidental and intentional killing, then I will appoint thee a place, an asylum, whither he shall flee;
14 But if a man come presumptuously upon his neighbor to slay him with guile, thou shalt take him from Mine altar, that he may die. — if a man come presumptuously; rather, if a man come maliciously, or with premeditation; the Targum says then he may be slain by the sword by the priests;
15 “And he that smiteth his father or his mother shall be surely put to death. — so sacred and inviolable is that reverence which children owe to their parents, that, by the law of God, it was death not only to strike them, but even to curse or outrageously revile them, Exodus 21:17;
16 “And he that stealeth a man and selleth him, or if he shall be found in his hand, he shall surely be put to death.
17 “And he that curseth his father or his mother shall surely be put to death. — and he that curseth his father, or his mother; though he does not smite them with his hand, yet if he smites them with his tongue, or speaks evil of them, shall surely be put to death; or be killed by casting stones, as the Targum of Jonathan, or with stoning;
18 “And if men strive together and one smite another with a stone or with his fist, and he die not but keepeth to his bed, — the law imposed a fine, which was to be fixed at such an amount as would at once compensate the sufferer for the loss of his time, and defray the cost of his cure in his sick bed.
19 if he rise again and walk abroad upon his staff, then shall he that smote him be acquitted; he shall only 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. — and if a man smite his servant or his maid with a rod; a Canaanitish servant or maid, as the Targum of Jonathan says;
21 Notwithstanding, if he continue a day or two, he shall not be punished; for he is his money. — for he is his money; that is, his possession bought with his money;
22 “If men strive and hurt a woman with child, so that her fruit depart from her, and yet no misfortune follow, he shall be surely punished according as the woman’s husband will lay upon him; and he shall pay as the judges determine. — the husband may impose a fine, and if it be unreasonable, the judges shall have a power to moderate it.
23 And if any misfortune follow, then thou shalt give life for life, — the Targum of Jonathan, “but if there is death in her, then ye shall judge or condemn the life of the murderer for the life of the woman;’
— God intends it to be “life for life” especially against a woman with child; but men feel it too excessive hence soften it to a pecuniary or monetary compensation to be paid;
24 eye for eye, tooth for tooth, hand for hand, foot for foot, — in civil cases, it was given to regulate the procedure of the public magistrate in determining the amount of compensation in every case of injury, but did not encourage feelings of private revenge;
— but the Son of God says something radically different later, “Ye have heard that it hath been said, ‘An eye for an eye, and a tooth for a tooth.’ But I say unto you that ye resist not evil, but whosoever shall smite thee on thy right cheek, turn to him the other also. Matthew 38-39;
25 burning for burning, wound for wound, stripe for stripe. — the Targum of Jonathan says, the price of the pain of burning for burning, and indeed, in everyone of these cases, the law could not be well literally executed;
26 “And if a man smite the eye of his servant or the eye of his maid, that it perish, he shall let him go free for his eye’s sake. — this law was made to deter masters from using their servants with cruelty, since they would loose their own profit and advantage.
27 And if he smite out his manservant’s tooth or his maidservant’s tooth, he shall let him go free for his tooth’s sake. — all other principal members of the body, which they reckon to be twenty four, are included, as the fingers, toes and so on;
28 “If an ox gore a man or a woman, so that they die, then the ox shall be surely stoned, and his flesh shall not be eaten; but the owner of the ox shall be acquitted. — injuries to the person might arise either from man or from animals; protection from both was needed;
— an ox killed by stoning would not be bled in the usual way, and would be “unclean” for food; the flesh should not even be disposed of to the Gentiles, but had to be buried.
29 But if the ox were wont to push with his horn in times past, and it hath been testified to his owner, and he hath not kept him in so that he hath killed a man or a woman, the ox shall be stoned and his owner also shall be put to death.
30 If there be laid on him a sum of money, then he shall give for the ransom of his life whatsoever is laid upon him.
— MSG (28-32)
“If an ox gores a man or a woman to death, the ox must be stoned. The meat cannot be eaten but the owner of the ox is in the clear.
But if the ox has a history of goring and the owner knew it and did nothing to guard against it, then if the ox kills a man or a woman, the ox is to be stoned and the owner given the death penalty.
If a ransom is agreed upon instead of death, he must pay it in full as a redemption for his life. If a son or daughter is gored, the same judgment holds. If it is a slave or a handmaid the ox gores, thirty shekels of silver is to be paid to the owner and the ox stoned.
31 Whether he hath gored a son or hath gored a daughter, according to this judgment shall it be done unto him.
32 If the ox shall push a manservant or a maidservant, he shall give unto their master thirty shekels of silver, and the ox shall be stoned.
33 “And if a man shall open a pit, or if a man shall dig a pit and not cover it, and an ox or an ass fall therein,
— the MSG (33-34)
“If someone uncovers a cistern or digs a pit and leaves it open and an ox or donkey falls into it, the owner of the pit must pay whatever the animal is worth to its owner but can keep the dead animal.
the owner of the pit shall make it good and give money unto the owner of them, and the dead beast shall be his.
35 And if one man’s ox hurt another’s, so that he die, then they shall sell the live ox and divide the money from it, and the dead ox also they shall divide.
36 Or if it be known that the ox used to push in times past and his owner hath not kept him in, he shall surely pay ox for ox, and the dead shall be his own.
— the MSG (35-36)
“If someone’s ox injures a neighbor’s ox and the ox dies, they must sell the live ox and split the price; they must also split the dead animal. But if the ox had a history of goring and the owner knew it and did nothing to guard against it, the owner must pay an ox for an ox but can keep the dead animal.”
The cases mentioned above give rules of justice then, and the British developed their common law from there, and is still in use for deciding similar matters in many of the Commonwealth of Nations.
We are taught by these laws, that we must be very careful to do no wrong, either directly or indirectly. If we have done wrong, we must be very willing to make it good, and be desirous that nobody may lose by any wrong doing.
Exodus 22
1 “If a man shall steal an ox or a sheep, and kill it or sell it, he shall restore five oxen for an ox and four sheep for a sheep. — five oxen . . . four sheep; the principle of the variation is not clear; perhaps the theft of an ox was regarded as involving more audacity, and so more guilt in the thief.
2 “If a thief be found breaking in and be smitten so that he die, there shall no blood be shed for him. — if a thief, in breaking into a dwelling in the night, was slain, the person who slew him did not incur the guilt of blood;
3 If the sun be risen upon him, there shall be blood shed for him, for he should make full restitution. If he have nothing, then he shall be sold for his theft. — if the sun be risen upon him. If the entry is attempted after daybreak. In this case it is charitably assumed that the thief does not contemplate murder;
— a robber breaking into a house at midnight might, in self-defense, be slain with impunity; but if he was slain after sunrise, it would be considered murder, for it was not thought likely an assault would then be made upon the lives of the occupants. In every case where a thief could not make restitution, he was sold as a slave for the usual term.
4 If the theft be certainly found in his hand alive, whether it be ox or ass or sheep, he shall restore double. — if the theft be certainly found in his hand alive; or “in finding be found” be plainly and evidently found upon him, before witnesses; so that there is no doubt of the theft;
— he shall restore double; two oxen for an ox, two asses for an ass, and two sheep for a sheep; the thief being convicted in his own conscience of his evil, makes confession, or, however, the creatures are found with alive, and so more useful being restored;
5 “If a man shall cause a field or vineyard to be eaten, and shall put in his beast and shall feed in another man’s field, of the best of his own field and of the best of his own vineyard shall he make restitution.
6 “If fire break out and catch in thorns, so that the stacks of corn or the standing corn or the field be consumed therewith, he that kindled the fire shall surely make restitution.
7 “If a man shall deliver unto his neighbor money or stuff to keep, and it be stolen out of the man’s house, if the thief be found, let him pay double.
8 If the thief be not found, then the master of the house shall be brought unto the judges to see whether he has put his hand unto his neighbor’s goods.
9 “For all manner of trespass, whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing which another challengeth to be his, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double unto his neighbor.
10 “If a man deliver unto his neighbor an ass, or an ox, or a sheep, or any beast to keep, and it die or be hurt or driven away, no man seeing it,
11 then shall an oath of the Lord be between them both that he hath not put his hand unto his neighbor’s goods; and the owner of it shall accept thereof, and he shall not make it good.
12 And if it be stolen from him, he shall make restitution unto the owner thereof.
13 If it be torn in pieces, then let him bring it for witness, and he shall not make good that which was torn.
14 “And if a man borrow aught from his neighbor, and it become hurt or die, the owner thereof being not with it, he shall surely make it good.
15 But if the owner thereof be with it, he shall not make it good; if it be a hired thing, it came for his hire.
16 “And if a man entice a maid who is not betrothed, and lie with her, he shall surely endow her to be his wife.
The cases mentioned above give rules of justice then, and the British developed their common law from there, and is still in use for deciding similar matters in many of the Commonwealth of Nations.
We are taught by these laws, that we must be very careful to do no wrong, either directly or indirectly. If we have done wrong, we must be very willing to make it good, and be desirous that nobody may lose by any wrong doing.
17 If her father utterly refuse to give her unto him, he shall pay money according to the dowry of virgins. — if her father refused to give her to him, he was to weigh (pay) money equivalent to the dowry of maidens, that is, to pay the father just as much for the disgrace brought upon him by the seduction of his daughter, as maidens would receive for a dowry upon their marriage.
18 “Thou shalt not suffer a witch to live. — the fact that witchcraft is often nothing but jugglery to deceive the people, and only those witches were to be put to death who would not give up their witchcraft assisted by evil spirits when it was forbidden. —
19 “Whosoever lieth with a beast shall surely be put to death. — according to the Targum of Jonathan, the death of such a person was by stoning, for it says, he “shall be stoned to death.”
20 “He that sacrificeth unto any god, save unto the Lord only, he shall be utterly destroyed. — according to the Targum of Jonathan, the death of such a person “shall be slain with the sword;”
21 “Thou shalt neither vex a stranger nor oppress him, for ye were strangers in the land of Egypt. — thou shall not vex a stranger; one that is not born in Israel, but comes into another country to sojourn;
— nor oppress him; by taking his goods, by refusing to assist him with advice when asked, to trade with him, or to give him lodging, and furnish him with the necessaries of life.
22 Ye shall not afflict any widow or fatherless child. — law against oppressing widows and orphans. With the stranger are naturally placed the widow and orphan; like him, weak and defenceless; like him, special objects of God’s care.
23 If thou afflict them in any wise, and they cry at all unto Me, I will surely hear their cry; — I will surely hear their cry; the Targum of Jonathan says, “I will hear the voice of their prayer, and will avenge them.”
24 and My wrath shall wax hot, and I will kill you with the sword; and your wives shall be widows, and your children fatherless. — and I will kill you with the sword; with the sword, says the Targum of Jonathan;
— it designs one of God’s sore judgments, the sword; the meaning is, that when such evils should become frequent among them, God would suffer a neighbouring nation to break in upon them in an hostile way, and put them to the sword;
25 “If thou lend money to any of My people who are poor among thee, thou shalt not be to him as a usurer, neither shalt thou lay upon him usury. — interest not to be taken on money lent to the poor; especially to fellow Israelites;
— on the other hand, the lending of money upon interest to foreigners was distinctly allowed (Deuteronomy 23:20), and no limit placed upon the amount of interest that might be taken.
26 If thou at all take thy neighbor’s raiment in pledge, thou shalt deliver it unto him by the time the sun goeth down, — if he gave his upper garment as a pledge, he was to give it him back towards sunset, because it was his only covering; as the poorer classes use them as garment for warmth;
27 for that is his only covering. It is his raiment for his skin. Wherein shall he sleep? And it shall come to pass, when he crieth unto Me, that I will hear, for I am gracious.
— for I am gracious; or equitable; and therefore everything cruel and uncompassionate is abominable to him, and he will take care in his providence that the injured person shall be redressed and the injurer punished.
28 “Thou shalt not revile the judges, nor curse the ruler of thy people. — Thou shalt not revile, speak evil, show disrespect, to the judges and magistrates, for they are also acting as ‘ělôhı̂ym, or as gods;
29 “Thou shalt not delay to offer the first of thy ripe fruits and of thy liquors. The firstborn of thy sons shalt thou give unto Me. — like the firstfruits of the soil, the firstborn of men and animals are also to be given to God; who spared not his own Son, but delivered him up for all of us as well.
30 Likewise shalt thou do with thine oxen and with thy sheep: seven days it shall be with his dam; on the eighth day thou shalt give it to Me.
— the main object of forbidding sacrifice before the eighth day would appear to have being in regard for the health and comfort of the mother, which needed the relief obtained by suckling of its offspring;
31 “And ye shall be holy men unto Me; neither shall ye eat any flesh that is torn by beasts in the field: ye shall cast it to the dogs.
— neither shall ye eat any flesh that is torn of beasts; partly, because the blood was not taken out of it; partly, because the clean beast was ceremonially defiled by the touch of the unclean.
