¹sn The next section of laws concerns property rights. These laws protected property from thieves and oppressors, but also set limits to retribution. The message could be: God’s laws demand that the guilty make restitution for their crimes against property and that the innocent be exonerated.
²sn Beginning with 22:1, the verse numbers through 22:31 in the English Bible differ from the verse numbers in the Hebrew text (BHS), with 22:1 ET = 21:37 HT, 22:2 ET = 22:1 HT, etc., through 22:31 ET = 22:30 HT. Thus in the English Bible ch. 22 has 31 verses, while in the Hebrew Bible it has 30 verses, with the one extra verse attached to ch. 21 in the Hebrew Bible.
³tn The imperfect tense here is given the nuance of obligatory imperfect—he must pay back.
⁴tn rqB (baqar) and /aX) (so’n) are the species to which the ox and the sheep belonged, so that the criminal had some latitude in paying back animals.
⁵tn Heb “found.”
⁶tn The word tr#T#j=M^B^ (bammahteret) means “digging through” the walls of a house (usually made of mud bricks). The verb is only used a few times with the meaning of dig in (as in houses) or row hard (as in Jonah). The noun only occurs a couple of times.
⁷tn The text has “there is not to him bloods.” When the word “blood” is put in the plural, it refers to bloodshed, or the price of blood that is shed, i.e., blood guiltiness.
sn This law focuses on what is reasonable defense against burglary. If someone killed a thief who was breaking in during the night, he was not charged because he would not have known it was just a thief; but if it happened during the day, he was guilty of a crime, because no excuse could be made for killing a thief in broad daylight.
⁸tn The words “A thief” have been added for clarification. Driver thinks that these lines are out of order since some of them deal with killing the thief and then others with the thief making restitution; but rearranging the clauses is not a necessary way to bring clarity to the paragraph (see p. 224). The idea here would be that a thief caught during the day would make restitution, because he would be less likely killed by the homeowner.
⁹tn The construction uses the Niphal infinitive absolute and the Niphal imperfect: if it should indeed be found. Gesenius says that in such conditional clauses the infinitive absolute has less emphasis, but instead emphasizes the condition on which some consequence depends (see GKC §113.o).
¹⁰tn Heb “in his hand.”
¹¹sn He must pay back one for what he took, and then one for the penalty—his loss as he was inflicting a loss on someone else.
¹²tn This verse may in fact be totally different. The verb rub (ba’ar), “graze,” as a denominative from the word “livestock” is not well attested. So some have suggested that with slight changes this verse could be read: “If a man cause a field or a vineyard to be burnt, and let the burning spread, and it burnt in another man’s field” (see Driver, 225).
¹³tn “his livestock” is supplied from the next clause.
¹⁴tn Heb “if a fire goes out and finds.”
¹⁵sn Thorn bushes were used for hedges between fields; but thorn bushes also burned easily, making the fire spread rapidly.
¹⁶tn This is the Hiphil participle of the verb “to burn, kindle” used substantivally. This is the one who set or started or caused the fire, whether by accident or not.
¹⁷tn The word usually means “vessels” but can have the sense of household goods and articles. It could be anything from jewels and ornaments to weapons or pottery.
¹⁸tn Heb “to keep.”
¹⁹tn Heb “found.”
²⁰tn Heb “found.”
²¹tn Here again the word used is “the gods,” meaning the judges who made the assessments and decisions. In addition to the bibliography listed earlier, see J. R. Vannoy, “The Use of the Word ha’elohim in Exodus 21:6 and 22:7,8,” in The Law and the Prophets: Old Testament Studies Prepared in Honor of Oswald Allis (Nutley, N.J.: Presbyterian and Reformed, 1974), 225-41.
²²tn “to see” has been supplied.
²³tn The line says “if he has not stretched out his hand.” This could either be the oath formula, but the construction here would be unusual, or it could be taken as “whether” (see W. C. Kaiser, Jr, “Exodus,” in EBC 438). Cassuto does not think the wording can possibly fit an oath; nevertheless, an oath would be involved before God (as he takes it instead of “judges”)—if the man swore his word would be accepted, but if he would not swear, he would be guilty (p. 286).
²⁴tn Heb “concerning every kind [thing] of trespass.”
²⁵tn The text simply has “this is it” (hz# aWh [hu’ zeh]).
²⁶tn Again, or “God.”
²⁷tn This kind of clause Gesenius calls an independent relative clause—it does not depend on a governing substantive but itself expresses a substantival idea (GKC §138.e).
²⁸tn The verb means “to be guilty” in the Qal; in the Hiphil it would have a declarative sense, because a causative sense would not possibly fit.
²⁹tn The form is the Niphal participle from the verb “to break”— “is broken,” which means harmed, maimed, or hurt in any way.
³⁰tn This verb is frequently used with the meaning “to take captive.” The idea here then is that raiders or robbers have carried off the animal.
³¹tn Heb “there is no one seeing.”
³²tn The construct relationship hw*hy= tu^b%v= (s^ebu’at YHWH), “the oath of Yahweh,” would require a genitive of indirect object, “an oath [to] Yahweh.” Cassuto suggests that it should mean “an oath by Yahweh” (p. 287). The person to whom the animal was entrusted would take a solemn oath to Yahweh that he did not appropriate the animal for himself, and then his word would be accepted.
³³tn Both with this verb “stolen” and the next clauses “torn in pieces” the text uses the infinitive absolute construction with less than normal emphasis; as Gesenius says, in the conditional clauses it emphasizes the important of the condition on which some consequence depends (GKC §113.o).
³⁴sn The point of this verse is that the man should have taken better care of the animal.
³⁵tn The word du@ (‘ed) actually means “witness,” but the dead animal that is returned is a silent witness, i.e., evidence. The word is an adverbial accusative.
³⁶tn Heb “if a man asks [an animal] from his neighbor.” The verb is “to ask” (see also Exod 12:36). The ruling here implies an animal is borrowed, and if harm comes to it if the owner is not with it the borrower is liable. The word “animal” is supplied in the translation for clarity.
³⁷tn Literally “it came with/for its hire,” this expression implies that the owner who hired it out was prepared to take the risk, so there would be no compensation.
³⁸sn The second half of the chapter records various laws of purity and justice. Any of them could be treated in an expository way; but in the present array they offer a nice survey of God’s righteous standards: Maintain the sanctity of marriage (16,17); maintain the purity of religious institutions (18-20), maintain the rights of human beings (21-28), maintain the rights of Yahweh (29-31).
³⁹tn This is the word hl*WtB= (b^etula); it describes a young woman who is not married, or a young woman engaged to be married; in any case, she is presumed to be a virgin.
⁴⁰tn Or “pledged” for marriage.
⁴¹tn The verb rhm (mahar) means “pay the marriage price” and the noun is the bride price. B. Jacob says this was a proposal gift and not a purchase price (p. 700). This is the price paid to her parents, which allowed for provision should there be a divorce. The amount was usually agreed on by the two families, but the price was higher for a pure bride from a noble family. Here, the one who seduces her must pay it, regardless of whether he marries her or not. There is compensation.
⁴²sn As strict as the faith in Yahweh was, there still were many who wished to follow pagan beliefs and consort with the dead. Deut 18:10, 11 give the catalog of different actions included here. The sorceress was someone who dealt with drugs or herbs for all kinds of purposes.
⁴³tn Heb “lies with.”
⁴⁴tn Heb “not to Yahweh.”
⁴⁵tn The verb <rj (haram) means “to be devoted” to God or “to be banned.” The idea is that it would be God’s to do with as he liked. What was put under the ban was for God alone, either for his service, or for his judgment. But it was out of human control. Here the verb is saying that the person will be utterly destroyed.
⁴⁶tn Or “oppress.”
⁴⁷tn The “alien” (rG@ [ger]) is a resident foreigner; he lives in the land but has no civic or legal rights.
⁴⁸tn The verb “afflict” is the Piel imperfect of hnu (‘ana); it has a wide range of meanings from “afflict, oppress, humiliate, rape.” These victims are at the mercy of the judges, business men, or villain. The righteous king and the righteous people will not mistreat them (see Isa 1:17; Job 31:16,17,21).
⁴⁹tn The accusative here is the masculine singular pronoun, which leads Driver to conclude that this line is out of place, even though the masculine singular can be used in places like this (Driver, 232). Cassuto says its use is to refer to certain classes (p. 292).
⁵⁰tn Here again the infinitive absolute functions in a diminished emphasis (GKC §113.o).
⁵¹tn The same use of the infinitive absolute is here.
⁵²tn Here is the normal use of the infinitive absolute with the imperfect tense to emphasize the verb: “I will surely hear,” meaning, “I will surely respond.”
⁵³sn The punishment will follow the form of talionic justice, an eye for an eye. God will use invading armies (“sword” is a metonymy of adjunct here) to destroy them, making their wives widows and their children orphans.
⁵⁴tn “any of” has been supplied.
⁵⁵sn The money-lender will be demanding and exacting. In Ps 109:11 and 2 Kgs 4:1 the word is rendered as “extortioner.”
⁵⁶tn Heb “set.”
⁵⁷sn In ancient times money was lent primarily for poverty and not for commercial ventures (H. Gamoran, “The Biblical Law Against Loans on Interest,” JNES 30 [1971]: 127-34). The lending to the poor was essentially a charity, and so not to be an opportunity to make money from another person’s misfortune. The word Ev#n# (nesek) may be derived from a verb that means “to bite,” and so the idea of usury or interest was that of putting out one’s money with a bite in it (See S. Stein, “The Laws On Interest in the Old Testament,” JTS 4 [1953], and E. Neufeld, “The Prohibition Against Loans at Interest in the Old Testament,” HUCA 26 [1955]).
⁵⁸tn The construction again uses the infinitive absolute with the verb in the conditional clause to stress the condition.
⁵⁹tn The clause uses the preposition, the infinitive construct, and the noun that is the subjective genitive— “at the going in of the sun.”
⁶⁰tn Heb “his skin.”
⁶¹tn Literally the text reads, “In what can he lie down?” The cloak would be used for a covering at night to use when sleeping. The garment, then, was the property that could not be taken and not given back—it was the last possession. The modern idiom of “the shirt off his back” gets at the point being made here.
⁶²tn Heb “and it will be.”
⁶³tn The two verbs in this verse are synonyms: llq (qalal) means “to treat lightly, curse,” and rra (‘arar) means “to curse.”
⁶⁴tn The word <yh!Oa$ (‘elohim) is “gods” or “God.” If taken as the simple plural, it could refer to the human judges, as it has in the section of laws; this would match the parallelism in the verse. If it was taken to refer to God, then the idea of cursing God would be more along the line of blasphemy. B. Jacob says that the word refers to functioning judges, and that would indirectly mean God, for they represented the religious authority, and the prince the civil authority (p. 708).
⁶⁵tn The expressions are unusual. Cassuto renders them: “from the fullness of your harvest and from the outflow of your presses” (p. 294). He adds the Hittite parallel material to show that the people were to bring the offerings on time and not let them overlap, because the firstfruits had to be eaten first by the priest.
⁶⁶sn The use of this word here has to do with the cultic laws of the sanctuary and not some advanced view of holiness. The ritual holiness at the sanctuary would prohibit eating anything torn to pieces.
⁶⁷tn Or “by wild animals.”