¹sn There follows now a series of rulings called “the decisions” or “the judgments” (<yf!P*v=M!h^ [hammispatim]). A precept is stated, and then various cases in which the law is applicable are examined. These rulings are all in harmony with the Decalogue that has just been given and can be grouped into three categories: civil or criminal laws, religious or cultic laws, and moral or humanitarian laws. The civil and criminal laws make up most of chap. 21; the next two chapters mix the other kinds of laws. Among the many studies of this section of the book are: F. C. Fensham, “The Role of the Lord in the Legal Sections of the Covenant Code,” VT 26 (1976): 262-74; S. Paul, “Unrecognized Biblical Legal Idioms in Light of Comparative Akkadian Expressions,” RB 86 (1979): 231-39; M. Galston, “The Purpose of the Law According to Maimonides,” JQR 69 (1978): 27-51.
²sn See H. L. Elleson, “The Hebrew Slave: A Study in Early Israelite Society,” EvQ 45 (1973): 30-35; N. P. Lemche, “The Manumission of Slaves—The Fallow Year—The Sabbatical Year—The Jobel Year,” VT 26 (1976): 38-59, and “The ‘Hebrew Slave,’ Comments on the Slave Law—Ex. 21:2-11,” VT 25 (1975): 129-44.
³tn The tenses in both the conditional clause and the following ruling are imperfect tenses: If you buy…then he will serve.” The second imperfect tense being the ruling could be taken either as a specific future or an obligatory imperfect. Gesenius explains how the verb works in the conditional clauses here (see GKC §159.bb).
⁴sn The interpretation of “Hebrew” in this verse is uncertain: (l) a gentilic ending, (2) a fellow Israelite, (3) or a class of mercenaries of the population (see W. C. Kaiser, Jr, “Exodus,” in EBC 431). It seems likely that the term describes someone born a Hebrew, as opposed to a foreigner (Driver, 210). The literature on this includes: M. P. Gray, “The Habiru-Hebrew Problem,” HUCA 29 (1958): 135-202.
⁵sn The word yv!p=j* (hopsi) means “free.” It is possible that there is some connection between this word and a technical term used in other cultures for a social class of emancipated slaves who were freemen again (see I. Mendelsohn, “New Light on the Hupsu,” BASOR 139 [1955]: 9-11).
⁶tn The adverb <N*j! (hinnam) means “gratis, free”; it is related to the word “to be gracious, show favor: and the noun “grace.”
⁷tn The tense is the imperfect tense; but in the conditional clause it clearly refers to action that is anterior to the action in the next clause. Heb “if he comes in single, he goes out single,” but it means “if he came in single, he will go out single.”
⁸tn Heb “with his back” meaning “alone.”
⁹tn The phrase says, “if he was the possessor of a wife”; the noun lu^B^ (ba’al) can mean “possessor” or “husband.” If there was a wife, she shared his fortunes or his servitude; if he entered with her, she would accompany him when he left.
¹⁰sn The slave would not have the right, nor the means to acquire a wife. Thus, the idea of the master’s “giving” him a wife is clear—the master would have to pay the prices and make the provision. In this case, the wife and the children are actually the possession of the master unless the slave were to pay the bride price—but he is a slave because he got into debt. The law shows that they believed the master was better able to provide for this woman than the freed slave, and that it was most important to keep the children with the mother.
¹¹tn The imperfect with the infinitive absolute means that the declaration is unambiguous, that the servant will clearly affirm that he wants to stay with the master. Gesenius says that in a case like this the infinitive emphasizes the importance of the condition on which some consequence depends (GKC §113.o).
¹²tn Or taken as a desiderative imperfect, it would say, “I do not want to go out free.”
¹³tn The word is <yh!Ooa$h* (ha’elohim). Driver says it should mean “to God,” namely the nearest sanctuary in order that the oath and the ritual might be made solemn, although he does say that it would be done by human judges (p. 211). That the reference is to Yahweh God is the view also of F. C. Fensham, “New Light on Exodus 21:7 and 22:7 from the Laws of Eshnunna,” JBL 78 (1959): 160-61. Others have made a stronger case that it refers to judges who acted on behalf of God; see C. Gordon, “<yhla in its Reputed Meaning of Rulers, Judges,” JBL 54 (1935): 134-44; and A. E. Draffkorn, “Ilani/Elohim,” JBL 76 (1957): 216-24.
¹⁴tn Or “till his life’s end” (as in the idiom: “serve him for good”).
¹⁵sn This paragraph is troubling to the modern Christian; but given the way that marriages were contracted and the way people lived in the ancient world, it actually is a good provision for the people who might want to find a better life for the daughter. On the subject in general for this chapter, see W. M. Swartley, Slavery, Sabbath, War and Women (Scottsdale, PA: Herald, 1983), 31-64.
¹⁶tn The word hm*a* (‘ama) refers to a female servant who would eventually become a concubine or wife; the sale price included the amount for the service as well as the bride price (see B. Jacob, 621). The arrangement recognized her honor as an Israelite woman, one who could be a wife, even though she entered the household in service. The marriage was not automatic, as the conditions show, but her treatment was safeguarded come what may. The law was a way, then, for a poor man to provide a better life for a daughter.
¹⁷tn Heb “and if unpleasant (hu*r* [ra’a]) in the eyes of her master.”
¹⁸tn The verb duy (ya’ad) does not mean “betroth, espouse” as some of the earlier translations had it, but “to designate.” This verse means that when he bought the girl he designated her for himself.
¹⁹tn The verb is the Hiphil perfect with a vav consecutive of the verb hdp (pada), “to redeem.” Here in the apodosis the form is equivalent to an imperfect: “let someone redeem her”—perhaps her father if he can, or another. Cassuto says it can also mean she can redeem herself and dissolve the relationship (p. 268).
²⁰tn Heb “he has no authority/power,” for the verb means “rule, have dominion.”
²¹sn The deceit, or more precisely the treachery, is in not making her his wife or concubine as the arrangement had stipulated.
²²tn Or “customary rights.”
²³tn “wife” has been supplied.
²⁴tn The translation of “food” does not really do justice to the Hebrew word. It is “flesh.” The point of this word here is that the family she was to marry into is wealthy, they ate meat. She was not just to be given the basic food the ordinary people eat, but the fine foods that this family ate.
²⁵sn See S. Paul, “Exodus 21:10, A Threefold Maintenance Clause,” JNES 28 (1969): 48-53. Paul suggests that the third element listed is not marital rights but ointments since Sumerian and Akkadian texts list food, clothing, and oil as the necessities of life. The translation of “marital rights” is far from certain, since the word only occurs here. The point is that the woman was to be cared for with all that was required for a woman in that situation.
²⁶sn The lessons of slavery and service are designed to bring about justice to existing customs in antiquity. The message here is: Those in slavery for one reason or another should have the hope of freedom and the choice of service (vv. 2-6). For the rulings on the daughter, the message could be: Women, who were often at the mercy of their husbands or masters, must not be trapped in an unfortunate situation, but be treated well by their masters or husbands (vv. 7-11). God is preventing people who have power over others from abusing it.
²⁷sn The underlying point of this section remains true today: The people of God must treat all human life as sacred.
²⁸tn The construction uses the Hiphil participle in construct with the noun for “man” (or person as is understood in a law for the nation): “the one striking [of] a man.” This is a casus pendens (independent nominative absolute); it indicates the condition or action which involves further consequence (GKC §116.w).
²⁹tn tm@w (wamet) is the Qal perfect with the vav consecutive; it means “and he dies” and not “and killed him” (which require another stem). Gesenius notes that this form after a participle is the equivalent of a sentence representing a contingent action (GKC §112.n). The word shows the result of the action in the opening participle. It is therefore a case of murder or manslaughter.
³⁰sn See A. Phillips, “Another Look at Murder,” JJS 28 (1977): 105-26.
³¹tn Heb “if he does not lie in wait.”
³²tn The word hm*r+u* (‘orma) is problematic. It could mean with prior intent, which would be connected with the word in Prov 8:5, 12 which means “understanding” (or “prudence”—fully aware of the way things are). It could be connected also to an Arabic word for “enemy” which would indicate this was done with malice or evil intentions (U. Cassuto, 270).
³³sn This is the same construction that was used in v. 12, but here there is no mention of the parents’ death. This attack, then, does not lead to their death—if he killed one of them then v. 12 would be the law. Driver says that the severity of the penalty was in accord with the high view of parents (p. 216).
³⁴tn Heb “a stealer of a man,” so “anyone stealing a man.”
³⁵sn The implication here is that it would be an Israelite citizen who was kidnapped and sold to a foreign tribe or country (like Joseph). There was always a market for slaves. But the crime would be in taking the individual away from his home and religion and putting him into bondage or death.
³⁶tn Literally “and he is found in his hand,” the expression probably means that the victim is found in his hand, but could also be read that the culprit is found with him in his possession. In either case, the meaning of the verse is clear that he has not sold the individual yet.
³⁷tn The form is the Piel participle of llq (qalal), meaning in Qal “be light,” in Piel “treat lightly, curse, revile, declare contemptible, treat shamefully.” (See its use in Lev 19:14; Josh 24:9; Judg 9:26-28; 1 Sam 3:13; 17:43; 2 Sam 16:5-13; Prov 30:10-11; Eccl 7:21-22; 10:20.) It is opposite of “honor” (dbk Qal “be heavy”; Piel “honor,” as in 20:12) and of “bless.” This verse then could refer to any act contrary to the commandment to honor the parents. B. Jacob cites parallels in Sumerian where people were severely punished for publicly disowning their parents (see p. 640). “21:15, 17 taken together evoke the picture of parents who, physically and verbally, are forcibly turned out of the house (cf. Prov. 19:26)” (C. Houtman, Exodus, 3:148).
³⁸tn Heb “falls to bed.”
³⁹tn “and then” has been supplied.
⁴⁰tn The verb is the Hitpael perfect with the vav consecutive; it follows the sequence of the imperfect before it— “if he gets up and walks about.” This is proof of recovery.
⁴¹tn The imperfect tense carries a nuance of obligatory imperfect because this is binding on the one who hit him.
⁴²tn Heb “his”; the referent (the injured person) has been specified in the translation for clarity.
⁴³tn The word appears to be the infinitive from the verb “to sit” with a meaning of “his sitting down”; some suggest from the verb “to rest” with a meaning “cease.” In either case the point in the context must mean compensation is due for the time he was down.
⁴⁴tn Heb “so that he”; the words “or she” have been supplied in the translation for stylistic reasons.
⁴⁵tn Heb “under his hand.”
⁴⁶tn Heb “will be avenged” (which is not specified).
⁴⁷tn Heb “if he”; the referent (the servant struck and injured in the previous verse) has been specified in the translation for clarity.
⁴⁸tn Heb “he”; the referent (the owner of the injured servant) has been supplied in the translation for clarity.
⁴⁹sn This last clause is a free paraphrase of the line that simple says, “for he is his money.” The point of the verse is that if the slave survives a couple of days, it is probable that the master was punishing him and not intending to kill him. If he then dies, there is no punishment other than that the owner loses the slave who is his property—he suffers the loss.
⁵⁰tn This line has occasioned a good deal of discussion. It may indicate that the child was killed, as in a miscarriage; or it may mean that there was a premature birth. The latter view is taken here because of the way the whole section is written: (1) “her children come out” reflects a birth and not the loss of children, (2) there is no serious damage, and (3) payment is to be set for any remuneration. The word /osa* (‘ason) is translated “serious damage.” The word was taken in Mekilta to mean “death.” Cassuto says the point of the phrase is that neither the woman or the children that are born die (p. 275). But see among the literature on this: M. G. Kline, “Lex Talionis and the Human Fetus,” JETS 20 (1977): 193-201; W. House, “Miscarriage or Premature Birth: Additional Thoughts on Exodus 21:22-25,” WTJ 41 (1978): 108-23; S. E. Loewenstamm, “Exodus XXI 22-25,” VT 27 (1977): 352-60.
⁵¹tn The word <yl!l!p=B! (biplilim) means “with arbitrators.” The point then seems to be that the amount of remuneration for damages that was fixed by the husband had to be approved by the courts. Driver mentions an alternative to this unusual reading presented by Budde, reading <ylpnb as “untimely birth” (p. 219). See also E. A. Speiser, “The Stem PLL in Hebrew,” JBL 82 (1963): 301-306.
⁵²sn The text now introduces the Lex Talionis with cases that were not likely to have applied to the situation of the pregnant woman. See K. Luke, “Eye for Eye, Tooth for Tooth,” Indian Theological Studies 16 (1979): 326-43.
⁵³tn The form Ht*j&v!w+ is the Piel perfect with the vav consecutive, rendered “and destroys it.” The verb is a strong one, meaning “to ruin, completely destroy.”
⁵⁴sn Interestingly, the verb used here for “let him go” is the same verb throughout the first part of the book for Pharaoh to “release” the Israelites from slavery. Here, an Israelite will have to release the hurt slave and set him free.
⁵⁵sn The point that this section of the laws makes is that one must ensure the safety of others by controlling the circumstances.
⁵⁶tn Traditionally “ox.”
⁵⁷tn Heb “and he dies.”
⁵⁸tn The text uses lq@S*y] loqs* (saqol yissaqel) the Qal infinitive absolute with the Niphal imperfect. The infinitive intensifies the imperfect, which here could be given an obligatory nuance or a future of instruction.
⁵⁹tn The Hophal perfect has the idea of “attested, testified against.”
⁶⁰tn This is a rather free paraphrase, because the Hebrew says “he was not keeping it” or perhaps guarding or watching it.
⁶¹sn The family of the victim would set the amount for the ransom of the man guilty of criminal neglect. This practice was common in the ancient world, rare in Israel. If the family allowed the substitute price, then the man would be able to redeem his life.
⁶²sn A shekel was a unit for measure by means of a scale. Both the weight and the value of a shekel of silver are hard to determine. “Though there is no certainty, the shekel is said to weigh about 11,5 grams” (C. Houtman, Exodus, 3:181). Over four hundred years earlier, Joseph was sold into Egypt for 20 shekels. The free Israelite citizen was worth about 50 shekels (Lev 27:3f.).
⁶³sn See further B. S. Jackson, “The Goring Ox Again [Ex. 21,28-36],” JJP 18 (1974): 55-94.
⁶⁴tn The verb is the Piel imperfect of the verb <lv (salam); it would therefore have the idea of making payment in full, making recompense, repay. These imperfects could be given a future tense translation as imperfects of instruction, but in the property cases an obligatory imperfect fits better—this is what he is bound or obliged to do—what he must do.
⁶⁵tn Heb “silver.”
⁶⁶tn “animal” has been supplied.
⁶⁷tn Literally “it silver” or “silver for it.”
⁶⁸tn “bull” has been supplied.
⁶⁹tn The construction now uses the same Piel imperfect (v. 34) but adds the infinitive absolute to it for emphasis.
⁷⁰sn The point of this section (21:28-36) seems to be that one must ensure the safety of others by controlling one’s property and possessions. This section pertained to neglect with animals; but the message would have applied to similar situations. The people of God were to take heed to ensure the well-being of others, and if there was a problem, it had to be made right.