INTRODUCTION TO EXODUS 21 In this, and the two following Chapter s, are delivered various laws and precepts, partly of a moral, and partly of a religious, but chiefly of a civil nature, respecting the commonwealth of Israel, and its political good. This chapter treats of servants, and laws relating... [ Continue Reading ]
NOW THESE ARE THE JUDGMENTS,.... The judicial laws respecting the civil state of the people of Israel, so called because they are founded on justice and equity, and are according to the judgment of God, whose judgment is according to truth; and because they are such by which the commonwealth of Isra... [ Continue Reading ]
IF THOU BUY AN HEBREW SERVANT,.... Who sells himself either through poverty, or rather is sold because of his theft, see Exodus 22:3 and so the Targum of Jonathan paraphrases it, "when ye shall buy for his theft, a servant, a son of an Israelite;'' agreeably to which Aben Ezra observes, this serva... [ Continue Reading ]
IF HE CAME IN BY HIMSELF, HE SHALL GO OUT BY HIMSELF,.... That is, if he came into his servitude "alone", as the Septuagint version has it, he should go out of it in like manner; the word for "by himself", some interpret with "his garment" f, or the skirt of one; and then the sense seems to be, that... [ Continue Reading ]
IF HIS MASTER HAVE GIVEN HIM A WIFE,.... One of his slaves, a Canaanitish woman, on purpose to beget slaves on her, since all born in his house were his own; this is supposed to be after he was come into his house, and into his service: AND SHE HAVE BORN HIM SONS OR DAUGHTERS; as she might have bor... [ Continue Reading ]
AND IF THE SERVANT SHALL PLAINLY SAY,.... Or, "in saying shall say" i shall express himself in plain and full terms, and repeat his words, and abide by them, signifying it as his last will and determined resolution: I LOVE MY MASTER, MY WIFE, AND MY CHILDREN, AND I WILL NOT GO OUT FREE; but continu... [ Continue Reading ]
THEN HIS MASTER SHALL BRING HIM UNTO THE JUDGES,.... To Elohim, to God, to the judgment seat of God, according to the Septuagint; to some person or persons to inquire of God what is to be done in such a case; but this seems needless, since it is here declared: no doubt civil magistrates or judges ar... [ Continue Reading ]
AND IF A MAN SELL HIS DAUGHTER TO BE A MAIDSERVANT,.... That is, if an Israelite, as the Targum of Jonathan, sells his little daughter, as the same Targum, and so Jarchi and Aben Ezra, one that is under age, that is not arrived to the age of twelve years and a day, and this through poverty; he not b... [ Continue Reading ]
IF SHE PLEASE NOT HER MASTER,.... "Be evil in the eyes of her master" p; and he has no liking of her, and love to her, not being agreeable in her person, temper, or conduct, so that he does not choose to make her his wife: WHO HATH BETROTHED HER TO HIM; but not completed the marriage, as he promise... [ Continue Reading ]
AND IF HE HAVE BETROTHED HER UNTO HIS SON,.... Not caring to betroth and marry her himself, as being more suitable in age for his son than for himself; 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... [ Continue Reading ]
IF HE TAKE HIM ANOTHER WIFE,.... The father takes another wife for his son, or the son takes another wife to himself after he has betrothed and married his father's maidservant: HER FOOD, HER RAIMENT, AND HER DUTY OF MARRIAGE, SHALL HE NOT DIMINISH; neither deny it her in whole, nor lessen it in pa... [ Continue Reading ]
AND IF HE DO NOT THESE THREE UNTO HER,.... Not the three things last mentioned; though this sense, Aben Ezra says, many of their interpreters give, which is rejected by him, so do some Christian expositors; but these three things are, espousing her to himself, or to his son, or redeeming her by the... [ Continue Reading ]
HE THAT SMITETH A MAN, SO THAT HE DIE,.... The Targum of Jonathan is, that smites a man or daughter of Israel with the sword; but there is no need to restrain the words either to persons of any certain nation, nor to any instrument with which a person may be smitten as to die: but any human person,... [ Continue Reading ]
AND IF A MAN LIE NOT IN WAIT,.... For the life of another to take it away; or does not do it willingly, as the Septuagint version, does not seek after it, nor design it: BUT GOD DELIVERS HIM INTO HIS HAND; it being suffered and ordered by the providence of God, without whose knowledge and will noth... [ Continue Reading ]
BUT IF A MAN COME PRESUMPTUOUSLY UPON HIS NEIGHBOUR, TO SLAY HIM WITH GUILE,.... That comes with malice in his heart, with wrath in his countenance, in a bold, daring, hostile manner, using all the art, cunning, and contrivance he can, to take away the life of his neighbour; no asylum, no refuge, no... [ Continue Reading ]
AND HE THAT SMITETH HIS FATHER OR HIS MOTHER,.... With his fist, or with a stick, or cane, or such thing, though they died not with the blow, yet it occasioned any wound, or caused a bruise, or the part smitten black and blue, or left any print of the blow; for, as Jarchi says, the party was not gui... [ Continue Reading ]
AND HE THAT STEALETH A MAN, AND SELLETH HIM,.... One of the children of Israel, as the Targums of Onkelos and Jonathan, and so the Septuagint version: but though this law was given to the Israelites primarily, yet was made for men stealers in general, as the apostle observes, who plainly has referen... [ Continue Reading ]
AND HE THAT CURSETH HIS FATHER, OR HIS MOTHER,.... Though he does not smite them with his hand, or with any instrument in it, yet if he smites them with his tongue, reviles and reproaches them, speaks evil of them, wishes dreadful imprecations upon them, curses them by the name explained, as the Tar... [ Continue Reading ]
AND IF MEN STRIVE TOGETHER,.... Quarrel and fight, and wrestle with and box one another: AND ONE SMITE ANOTHER WITH A STONE; which lying near him he might take up, and in his passion throw it at his antagonist: OR WITH HIS FIST; with his double fist, as we express it, with his hand closed, that it... [ Continue Reading ]
IF HE RISE AGAIN,.... From his bed, or from his disease, as the last mentioned Targum, recovers again, at least so far as to be able to do what follows: AND WALK ABROAD UPON HIS STAFF; if he is able to get out of his bed, and especially out of his house, and can be seen walking about in the street... [ Continue Reading ]
AND IF A MAN SMITE HIS SERVANT OR HIS MAID WITH A ROD,.... A Canaanitish servant or maid, as the Targum of Jonathan, and so Jarchi; and that only with a rod for the correction of them, and not with a sword or any such destroying weapon, which would seem as though he intended to kill, yet nevertheles... [ Continue Reading ]
NOTWITHSTANDING, IF HE CONTINUE A DAY OR TWO,.... And does not die immediately, or the same day, but lives twenty four hours, as the Jewish writers interpret it; so Abendana x explains the phrase, "a day or two"; "a day which is as two days, and they are twenty four hours from time to time,'' that... [ Continue Reading ]
IF MEN STRIVE,.... Quarrel and fight with one another, which is to be understood of Hebrews, as Aben Ezra observes: AND HURT A WOMAN WITH CHILD; who being the wife of one of them, and also an Israelitish woman, interposes to part them, or help her husband; but the other, instead of striking his ant... [ Continue Reading ]
AND IF ANY MISCHIEF FOLLOW,.... According as that is, so shall it be done to the smiter: if death follows, THEN THOU SHALT GIVE LIFE FOR LIFE; if death to the woman, so Jarchi and Aben Ezra interpret it; to which agrees the Targum of Jonathan, "but if there is death in her, then ye shall judge or... [ Continue Reading ]
EYE FOR EYE, TOOTH FOR TOOTH, HAND FOR HAND, FOOT FOR FOOT. This is "lex talionis", the law of retaliation, and from whence the Heathens had theirs; but whether this is to be taken strictly and literally, or only for pecuniary mulcts, is a question; Josephus d understands it in the former sense, the... [ Continue Reading ]
BURNING FOR BURNING, WOUND FOR WOUND, STRIPE FOR STRIPE. This is to be understood of burning a man's flesh with fire; of wounds made by any means, so that the blood is let out; and of blows, and the prints and marks of them; of stripes and weals where the blood is settled, and the part is turned bla... [ Continue Reading ]
IF A MAN SMITE THE EYE OF HIS SERVANT,.... Give him a blow on the eye in a passion, as a correction for some fault he has committed: OR THE EYE OF HIS MAID, THAT IT PERISH; strike her on that part in like manner, so that the eye is beaten or drops out, or however loses its sight, and "[is] blinded... [ Continue Reading ]
AND IF HE SMITE OUT HIS MANSERVANT'S TOOTH, OR HIS MAIDSERVANT'S TOOTH,.... Give them such a slap on the face, or a blow on the mouth, as to strike out one of their teeth; this also the Targum of Jonathan and Jarchi restrain to a Canaanitish servant or maid; HE SHALL LET HIM GO FREE FOR HIS TOOTH'S... [ Continue Reading ]
IF AN OX GORE A MAN OR A WOMAN, THAT THEY DIE,.... That are Israelites, of whom only Aben Ezra interprets it; but though they may be principally designed, yet not solely; for no doubt if one of another nation was gored to death by the ox of an Israelite, the same penalty would be inflicted, as follo... [ Continue Reading ]
BUT IF THE OX WERE WONT TO PUSH WITH HIS HORNS IN TIME PAST,.... Or "from or before yesterday, to the third" m that is, three days before, and had made three pushes, as Jarchi explains it: AND IT HATH BEEN TESTIFIED TO HIS OWNER; by sufficient witnesses, who saw him push at people for three days pa... [ Continue Reading ]
IF THERE BE LAID ON HIM A SUM OF MONEY,.... By the decree of the judges, as Aben Ezra, or which the sanhedrim of Israel have laid upon him; if his sentence of death is commuted for a fine, with the consent of the relations of the deceased, who in such a case are willing to show mercy, and take a fin... [ Continue Reading ]
WHETHER HE HAVE GORED A SON, OR HAVE GORED A DAUGHTER,.... A little son or daughter, and both Israelites, as Jarchi and Aben Ezra; this is observed, because only a man or woman are made mention of in Exodus 21:29 persons grown up; and lest it should be thought that only adult persons were intended,... [ Continue Reading ]
IF THE OX SHALL PUSH A MANSERVANT, OR A MAIDSERVANT,.... Which the Targum of Jonathan and Jarchi interpret of a Canaanitish servant, man or maid; but no doubt the same provision was made for an Hebrew servant, man or maid, as for a Gentile one: HE SHALL GIVE UNTO THEIR MASTER THIRTY SHEKELS OF SILV... [ Continue Reading ]
IF A MAN SHALL OPEN A PIT,.... That has been dug in time past, and filled up again, or take the covering from it, and leave it uncovered: "or if a man shall dig a pit, and not cover it": a new one, in the street, as the Targum of Jonathan; or in a public place, as Jarchi and Aben Ezra; otherwise a m... [ Continue Reading ]
THE OWNER OF THE PIT SHALL MAKE IT GOOD,.... Repair the loss of the ox or ass: AND GIVE THE MONEY UNTO THE OWNER OF THEM: the price of them, what they are worth: the Targum of Jonathan is, "the owner of the pit shall pay the silver, he shall return to its owner the price of the ox or ass:'' AND T... [ Continue Reading ]
AND IF ONE MAN'S OX HURT ANOTHER'S, THAT HE DIE,.... By pushing with his horns, or his body, or by biting with his teeth, as Jarchi, or by any way whatever: THEN THEY SHALL SELL THE LIVE OX, AND DIVIDE THE MONEY; the Scripture speaks, as the same writer observes, of one of equal value, otherwise th... [ Continue Reading ]
OR IF IT BE KNOWN THAT THE OX HATH USED TO PUSH IN TIME PAST,.... If it is a plain case, and a thing well known in the neighbourhood, and there are witnesses enough to testify it, that it has yesterday, and for two or three days running, pushed with his horns men and cattle, as they have come in his... [ Continue Reading ]