Exodus 20:22 to Exodus 23:33 _The Book of the Covenant_ The -Book of the Covenant" (see Exodus 24:7 in explanation of the name) is the oldest piece of Hebrew legislation that we possess. The laws contained in it are spoken of in Exodus 24:3 as consisting of two elements, the WORDS (or commands) an... [ Continue Reading ]
_Now_ AND introducing a new element in the collection, viz. the -judgements" contained in Exodus 21:2 to Exodus 22:17. _the judgements_ i.e. legal precedents, intended to have the force of law. The Heb. _mishpâṭ_means a _judicial decision_, (1) given in an individual case, and then (2) established... [ Continue Reading ]
_If thou buy_ In the Heb. the primary cases (_vv._2, 7, 20, 22 &c.) are introduced by _ki_, -when," the subordinate ones (_vv._3a, 3b, 4, 5; 8, 9, 10, 11, &c.) by _"im_, -if," or _"ô_, -or if"; but the distinction is not preserved in EVV. _an Hebrew servant_ better, _an Hebrew_ BONDMAN (RVm.) or MA... [ Continue Reading ]
Hebrew _male_slaves. Their term of service is fixed for six years (_v._2). A slave is to leave his master's service exactly as he entered it: if he entered it without a wife, he is to leave it without wife, even though he may have taken a wife in the meantime (_vv._3a, 4). If on the other hand he wa... [ Continue Reading ]
The law of slavery. Cf. Deuteronomy 15:12-18; Leviticus 25:39-55 (H and P), where there are other regulations on the same subject, in some respects differing remarkably from those of Ex., and springing evidently out of a different and more advanced stage of society. The present law deals only with _... [ Continue Reading ]
First and second of the special cases, viz. the cases (1) of an unmarried slave, and (2) of one married before he became a slave. There is no counterpart to this and the following verse in Dt. _by himself_(twice)] lit. _with his back or body_, and with nothing else, i.e. alone, without wife or chil... [ Continue Reading ]
The third case. If the master marries a slave to one of his female slaves, the wife remains her master's slave as she was before, and does not go free with her husband. If she has borne him children, the remain in servitude with their mother. At this early time, children's relationship to their moth... [ Continue Reading ]
_plainly say_ -Plainly" should be omitted. It is an attempt to represent in English the idiomatic use of the Hebrew inf. abs., which emphasizes the verb to which it is attached, and is often used in the expression of a condition (G.-K. § 113o). -Plainly," however, does not give the correct emphasis.... [ Continue Reading ]
The fourth case. A slave, if he was happy with his master might, if he desired to do so, remain in his master's service for life.... [ Continue Reading ]
_unto God_ i.e. (if the rend. be correct: see below) to the nearest sanctuary (for the expression, comp. especially 1 Samuel 10:3), in order that he might there affirm solemnly before God his intention to remain with his master. -God" is resorted to here, not for a judicial decision (see on Exodus 1... [ Continue Reading ]
_if a man sell his daughter_ as he easily might do, either from actual poverty, or because he was in such circumstances that it would be more advantageous for his daughter to be the concubine of a well-to-do neighbour than to marry a man in her own social position. _maidservant_ better, BONDWOMAN (R... [ Continue Reading ]
Hebrew _female slaves_. The law for female slaves is different. A female slave does not receive her freedom at the end of six years (_v._7); still, she cannot be sold to a non-Israelite; and if her master, before actually taking her as his concubine, finds he does not like her she must be redeemed ... [ Continue Reading ]
First special case under the general law of _v._7: if a woman, bought with the intention of being made her master's concubine, does not please her master, he must let her be redeemed, and he has no power to sell her into foreign slavery. _who hath_ DESIGNATED (2 Samuel 20:5; Jeremiah 47:7) _her_ FO... [ Continue Reading ]
Second special case: if at the time of purchasing the woman, her master intends her for his son. _If he_ DESIGNATE _her_ FOR _his son, he shall deal with her_ ACCORDING TO _the_ RIGHTS _of daughters_ i.e. treat her as a daughter of his own household, give her the maintenance, clothing, &c. which a... [ Continue Reading ]
_her_ FLESH] The case contemplated is that of a well-to-do Israelite, who could have several concubines, and enjoy animal food every day: Israelites of the poorer class ate animal food seldom or never. -Flesh" (Psalms 78:20; Psalms 78:27) should not be weakened to -food": a diminution of ordinary fo... [ Continue Reading ]
Third special case: if after having taken the woman as a concubine he takes another concubine as well: in that case, he must still allow his first concubine her full rights; if he does not do this, he must give her her freedom.... [ Continue Reading ]
_these three_ The three rights mentioned in _v._10. The view expressed above is the one ordinarily taken of _vv._7 11, _vv._8 10 stating _three_special cases, falling under the general case of _v._7, _If a man sell his daughter_, &c. Budde, however (_ZATW._1891, p. 102 f.), argues forcibly, and Bä.... [ Continue Reading ]
Murder. The same general principle is laid down in P, Genesis 9:6; Numbers 35:30 f., and in H, Leviticus 24:17. _shall be put to death_ The execution of this penalty was the duty not, as in communities in which a more advanced stage of civilization has been reached, of the State, but of the -Avenger... [ Continue Reading ]
_Capital offences_. In _v._12 is laid down the general principle that death is the punishment for killing a man. If the act is unpre-meditated (manslaughter), the penalty is modified (_v._13), but retained in full in the case of the act being evidently intentional (_v._14). Kidnapping a fellow Israe... [ Continue Reading ]
Manslaughter, and the right of asylum. The distinction, not found in Homer, but thus early drawn among the Hebrews, between intentional and unintentional homicide is noteworthy: it is insisted on in all the codes (Deuteronomy 19:1-13; Numbers 35:9-34 P). _lie_… _in wait_ 1 Samuel 24:11 (RVm.)†: cf.... [ Continue Reading ]
But the protection of the altar is not to be extended to the wilful murderer. Cf. Deuteronomy 19:11-13; also the more detailed treatment of the case of wilful murder in the law of P (Numbers 35:16-21). _from mine altar_ See 1 Kings 1:50; 1 Kings 2:28, which shew that the fugitive would seize hold o... [ Continue Reading ]
Striking a parent. Notice that the mother is placed on an equality with the father. _smiteth_ simply, without killing: the murder of a parent would fall under the general rule of _v._12. The severity of the penalty was in accordance with the high respect paid to both parents in ancient Israel: see E... [ Continue Reading ]
Man-stealing. Cf. Deuteronomy 24:7, where the present law is merely expanded, and recast in Deuteronomic phraseology. _a man_ in Deuteronomy 24:7, expressly limited to an Israelite: so LXX Targ. add here, -of the children of Israel." No doubt this interprets correctly the intention of the law. _and... [ Continue Reading ]
Cursing a parent. Comp. Deuteronomy 27:16; Leviticus 20:9 (H): also Proverbs 20:20; Proverbs 30:17. In the LXX. this verse stands more suitably immediately after _v._15. It is cited in Matthew 15:4 = Mark 7:10. _curseth_ a stronger word than the _maketh light of, or dishonoureth_, of Deuteronomy 27... [ Continue Reading ]
_contend_ or _dispute_, wrangle in words: rendered _strive_, Genesis 26:20-21, _contend_, as here, Nehemiah 13:11; Nehemiah 13:17. _fist_ Isaiah 58:4 †. So LXX. Vulg. Di.: the Heb. _"egrôph_has also this sense in the Talm. The meaning _spade_or _hoe_, which Ryssel in Daniel 2; Daniel 2 argues for, w... [ Continue Reading ]
Bodily injuries, caused (_a_) by human beings, _vv._18 27; (_b_) by animals, or through the neglect of reasonable precautions, _vv._28 36.... [ Continue Reading ]
Bodily injury inflicted in a quarrel.... [ Continue Reading ]
Bodily injuries caused by human beings. Four cases are taken, two arising out of a quarrel, and two out of rough treatment of a slave (_vv._22 25 would more naturally follow _vv._18, 19). In fixing the penalties, consideration is taken of the status and sex of the persons involved, as also of the ch... [ Continue Reading ]
_walk abroad upon his staff_ a proof of convalescence. The -staff" (lit. _something to lean upon_) was used for help in walking (2 Kings 4:29, by Elisha): in Zechariah 8:4 a characteristic of old age. _be quit_(lit. _innocent_)] If he died in his bed, the person who injured him might reasonably be... [ Continue Reading ]
_his servant, or his maid_ i.e. (cf. marg.) his male or female slave. _a rod_ The usual implement of punishment (Proverbs 10:13; Proverbs 13:24). _punished_ lit. _avenged_; so _v._21. In what the punishment consisted, is not stated. The Jews (Mechilta, Ps.-Jon., &c.) understood death (viz. by the s... [ Continue Reading ]
Beating a slave so that he dies. _Vv._26 f., 32, also deal with injuries to slaves. The penalties prescribed shew that less was thought of the life of a slave than of that of a free man, in _v._21 he is called simply his master's -money"; at the same time he has rights, and cannot be treated with en... [ Continue Reading ]
If the slave survives a day or two, his master escapes even the comparatively light penalty of _v._20; for then it is clear that he did not intend to kill him, but only to correct him. _he is his money_ i.e. his master's property, purchased by his master's money. His master is considered to have su... [ Continue Reading ]
Injury arising to a pregnant woman out of an affray. _And if men strive together_ i.e. quarrel and fight, ch. Exodus 2:13; 2 Samuel 14:6; Psalms 60 _title_. The same words in Deuteronomy 25:2. Not the verb used in _v._18 (which means only to dispute in _words_). _hurt_ properly, _smite_or _strike_... [ Continue Reading ]
The _Lex Talionis_. But _if any mischief_ HAPPEN, then compensation is to be made on the principle of the _lex talionis. Vv._23 25 are, however, worded quite generally, and mention many injuries not at all likely to happen to the woman in the special case contemplated in _v._22, or even to the comba... [ Continue Reading ]
_wound_ Genesis 4:23 c (lit. _for my wound_). Isaiah 1:6. _stripe_ Genesis 4:23 d (lit. _for my stripe_), Isaiah 1:6 [EVV. _bruises_, Isaiah 53:5. The _talio_is a principle of punishment which was anciently, and still is, current widely in the world: Kn. quotes examples from the Thurians and Locri... [ Continue Reading ]
Striking out the eye or tooth of a slave. The person of slave being not as valuable as that of a free man, the _lex talionis_(_vv._23 25) is not applicable in his case (cf. Ḥamm. § 199, as compared with § 196): the slave, however, receives his freedom as compensation for his injury, and his master p... [ Continue Reading ]
Injury done by a vicious ox to a free man or woman. Cf Ḥamm. §§ 250 2.... [ Continue Reading ]
Bodily injuries due to animals, or neglect of reasonable precautions.... [ Continue Reading ]
_shall be stoned_ The sanctity of human life demanded that an animal, not less than a man, should suffer for violating it: cf. (in P) Genesis 9:5. Stoning was a common punishment among the Hebrew see e.g. Leviticus 20:2; Leviticus 20:27; Leviticus 24:14; Leviticus 24:16; Leviticus 24:23; Deuteronomy... [ Continue Reading ]
If, however, the owner of the animal had been warned that it was vicious, and had taken no precautions to keep it in, he is held responsible, if it kills any one, and must suffer the penalty of death himself.... [ Continue Reading ]
The owner of the ox may, however, escape the extreme penalty of the law, if the relatives of the man who had been killed are willing to accept a money-compensation for his life. The owner's negligence amounted to murder only in theory, so it was reasonable to allow him his merciful alternative. _be... [ Continue Reading ]
The same law is to hold good, if the person who has been killed is (as we should say) a minor, of either sex. _this judgement_ The decision embodied in the preceding laws (_vv._28 30). Cf. on _v._1.... [ Continue Reading ]
If the ox killed a slave, however, it was sufficient if its owner paid his master as compensation the ordinary value of a slave, and suffered at the same time the loss of his animal's services. Another instance of the lower value set upon a slave's life: he is in this case valued simply as a chattel... [ Continue Reading ]
Injury caused by culpable neglect in leaving an open pit. _open_ i.e. open a pit which already existed = _reopen_. _a pit_ for the storage of water or (cf. Jeremiah 41:8; Thomson, _L. and B._i. 89, 90, ii. 194, iii. 458) grain, or perhaps also for the capture of wild beasts. Thomson (ii. 283) writ... [ Continue Reading ]
Having paid the value of the dead animal to the owner, he is naturally at liberty to keep the carcase himself. The carcase would be of value for its hide: but though -that which died of itself" was forbidden later as food (Deuteronomy 14:21; cf. Leviticus 17:15 f. P), this may not have been the case... [ Continue Reading ]
-If this admirable statute were faithfully administered now, it would prevent many angry, and sometimes fatal, feuds between herds-men, and at the same time would be a very fair adjustment of the questions of equity that grow out of such accidents" (Thomson, _L. and B._ii. 283). It is now the -custo... [ Continue Reading ]
Injury done by an ox to one belonging to another person. If no neglect can be proved against the owner of the vicious ox, the damage is to be divided equally between the owners of the two animals (_v._35): but if the owner of the vicious ox culpably neglects to keep it in, he is to make full compens... [ Continue Reading ]
_and the dead beast shall be his_ as _v._34.... [ Continue Reading ]