Keluaran 21:1--22:31
Konteks21:1 1 “These are the decisions that you will set before them:
21:2 2 “If you buy 3 a Hebrew servant, 4 he is to serve you for six years, but in the seventh year he will go out free 5 without paying anything. 6 21:3 If he came 7 in by himself 8 he will go out by himself; if he had 9 a wife when he came in, then his wife will go out with him. 21:4 If his master gave 10 him a wife, and she bore sons or daughters, the wife and the children will belong to her master, and he will go out by himself. 21:5 But if the servant should declare, 11 ‘I love my master, my wife, and my children; I will not go out 12 free,’ 21:6 then his master must bring him to the judges, 13 and he will bring him to the door or the doorposts, and his master will pierce his ear with an awl, and he shall serve him forever. 14
21:7 “If a man sells his daughter 15 as a female servant, 16 she will not go out as the male servants do. 21:8 If she does not please 17 her master, who has designated her 18 for himself, then he must let her be redeemed. 19 He has no right 20 to sell her to a foreign nation, because he has dealt deceitfully 21 with her. 21:9 If he designated her for his son, then he will deal with her according to the customary rights 22 of daughters. 21:10 If he takes another wife, 23 he must not diminish the first one’s food, 24 her clothing, or her marital rights. 25 21:11 If he does not provide her with these three things, then she will go out free, without paying money. 26
21:12 27 “Whoever strikes someone 28 so that he dies 29 must surely be put to death. 30 21:13 But if he does not do it with premeditation, 31 but it happens by accident, 32 then I will appoint for you a place where he may flee. 21:14 But if a man willfully attacks his neighbor to kill him cunningly, 33 you will take him even from my altar that he may die.
21:15 “Whoever strikes 34 his father or his mother must surely be put to death.
21:16 “Whoever kidnaps someone 35 and sells him, 36 or is caught still holding him, 37 must surely be put to death.
21:17 “Whoever treats his father or his mother disgracefully 38 must surely be put to death.
21:18 “If men fight, and one strikes his neighbor with a stone or with his fist and he does not die, but must remain in bed, 39 21:19 and then 40 if he gets up and walks about 41 outside on his staff, then the one who struck him is innocent, except he must pay 42 for the injured person’s 43 loss of time 44 and see to it that he is fully healed.
21:20 “If a man strikes his male servant or his female servant with a staff so that he or she 45 dies as a result of the blow, 46 he will surely be punished. 47 21:21 However, if the injured servant 48 survives one or two days, the owner 49 will not be punished, for he has suffered the loss. 50
21:22 “If men fight and hit a pregnant woman and her child is born prematurely, 51 but there is no serious injury, he will surely be punished in accordance with what the woman’s husband demands of him, and he will pay what the court decides. 52 21:23 But if there is serious injury, then you will give a life for a life, 21:24 eye for eye, tooth for tooth, hand for hand, foot for foot, 21:25 burn for burn, wound for wound, bruise for bruise. 53
21:26 “If a man strikes the eye of his male servant or his female servant so that he destroys it, 54 he will let the servant 55 go free 56 as compensation for the eye. 21:27 If he knocks out the tooth of his male servant or his female servant, he will let the servant 57 go free as compensation for the tooth.
21:28 58 “If an ox 59 gores a man or a woman so that either dies, 60 then the ox must surely 61 be stoned and its flesh must not be eaten, but the owner of the ox will be acquitted. 21:29 But if the ox had the habit of goring, and its owner was warned, 62 and he did not take the necessary precautions, 63 and then it killed a man or a woman, the ox must be stoned and the man must be put to death. 21:30 If a ransom is set for him, 64 then he must pay the redemption for his life according to whatever amount was set for him. 21:31 If the ox 65 gores a son or a daughter, the owner 66 will be dealt with according to this rule. 67 21:32 If the ox gores a male servant or a female servant, the owner 68 must pay thirty shekels of silver, 69 and the ox must be stoned. 70
21:33 “If a man opens a pit or if a man digs a pit and does not cover it, and an ox or a donkey falls into it, 21:34 the owner of the pit must repay 71 the loss. He must give money 72 to its owner, and the dead animal 73 will become his. 21:35 If the ox of one man injures the ox of his neighbor so that it dies, then they will sell the live ox and divide its proceeds, 74 and they will also divide the dead ox. 75 21:36 Or if it is known that the ox had the habit of goring, and its owner did not take the necessary precautions, he must surely pay 76 ox for ox, and the dead animal will become his. 77
22:1 78 (21:37) 79 “If a man steals an ox or a sheep and kills it or sells it, he must pay back 80 five head of cattle for the ox, and four sheep for the one sheep. 81
22:2 “If a thief is caught 82 breaking in 83 and is struck so that he dies, there will be no blood guilt for him. 84 22:3 If the sun has risen on him, then there is blood guilt for him. A thief 85 must surely make full restitution; if he has nothing, then he will be sold for his theft. 22:4 If the stolen item should in fact be found 86 alive in his possession, 87 whether it be an ox or a donkey or a sheep, he must pay back double. 88
22:5 “If a man grazes 89 his livestock 90 in a field or a vineyard, and he lets the livestock loose and they graze in the field of another man, he must make restitution from the best of his own field and the best of his own vineyard.
22:6 “If a fire breaks out and spreads 91 to thorn bushes, 92 so that stacked grain or standing grain or the whole field is consumed, the one who started 93 the fire must surely make restitution.
22:7 “If a man gives his neighbor money or articles 94 for safekeeping, 95 and it is stolen from the man’s house, if the thief is caught, 96 he must repay double. 22:8 If the thief is not caught, 97 then the owner of the house will be brought before the judges 98 to see 99 whether he has laid 100 his hand on his neighbor’s goods. 22:9 In all cases of illegal possessions, 101 whether for an ox, a donkey, a sheep, a garment, or any kind of lost item, about which someone says ‘This belongs to me,’ 102 the matter of the two of them will come before the judges, 103 and the one whom 104 the judges declare guilty 105 must repay double to his neighbor. 22:10 If a man gives his neighbor a donkey or an ox or a sheep or any beast to keep, and it dies or is hurt 106 or is carried away 107 without anyone seeing it, 108 22:11 then there will be an oath to the Lord 109 between the two of them, that he has not laid his hand on his neighbor’s goods, and its owner will accept this, and he will not have to pay. 22:12 But if it was stolen 110 from him, 111 he will pay its owner. 22:13 If it is torn in pieces, then he will bring it for evidence, 112 and he will not have to pay for what was torn.
22:14 “If a man borrows an animal 113 from his neighbor, and it is hurt or dies when its owner was not with it, the man who borrowed it 114 will surely pay. 22:15 If its owner was with it, he will not have to pay; if it was hired, what was paid for the hire covers it. 115
22:16 116 “If a man seduces a virgin 117 who is not engaged 118 and has sexual relations with her, he must surely endow 119 her to be his wife. 22:17 If her father refuses to give her to him, he must pay money for the bride price of virgins.
22:18 “You must not allow a sorceress to live. 120
22:19 “Whoever has sexual relations 121 with a beast must surely be put to death.
22:20 “Whoever sacrifices to a god other than the Lord 122 alone must be utterly destroyed. 123
22:21 “You must not wrong 124 a foreigner 125 nor oppress him, for you were foreigners in the land of Egypt.
22:22 “You must not afflict 126 any widow or orphan. 22:23 If you afflict them 127 in any way 128 and they cry to me, I will surely hear 129 their cry, 22:24 and my anger will burn and I will kill you with the sword, and your wives will be widows and your children will be fatherless. 130
22:25 “If you lend money to any of 131 my people who are needy among you, do not be like a moneylender 132 to him; do not charge 133 him interest. 134 22:26 If you do take 135 the garment of your neighbor in pledge, you must return it to him by the time the sun goes down, 136 22:27 for it is his only covering – it is his garment for his body. 137 What else can he sleep in? 138 And 139 when he cries out to me, I will hear, for I am gracious.
22:28 “You must not blaspheme 140 God 141 or curse the ruler of your people.
22:29 “Do not hold back offerings from your granaries or your vats. 142 You must give me the firstborn of your sons. 22:30 You must also do this for your oxen and for your sheep; seven days they may remain with their mothers, but give them to me on the eighth day.
22:31 “You will be holy 143 people to me; you must not eat any meat torn by animals in the field. 144 You must throw it to the dogs.
[21:1] 1 sn There follows now a series of rulings called “the decisions” or “the judgments” (הַמִּשְׁפָּטִים, hammishpatim). 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.
[21:2] 2 sn 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.
[21:2] 3 tn The verbs in both the conditional clause and the following ruling are imperfect tense: “If you buy…then he will serve.” The second imperfect tense (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 497 §159.bb).
[21:2] 4 sn 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,” EBC 2:431). It seems likely that the term describes someone born a Hebrew, as opposed to a foreigner (S. R. Driver, Exodus, 210). The literature on this includes: M. P. Gray, “The Habiru-Hebrew Problem,” HUCA 29 (1958): 135-202.
[21:2] 5 sn The word חָפְשִׁי (khofshi) 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).
[21:2] 6 tn The adverb חִנָּם (hinnam) means “gratis, free”; it is related to the verb “to be gracious, show favor” and the noun “grace.”
[21:3] 7 tn The tense is imperfect, 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,” that is, “if he came in single, he will go out single.”
[21:3] 8 tn Heb “with his back” meaning “alone.”
[21:3] 9 tn The phrase says, “if he was the possessor of a wife”; the noun בַּעַל (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.
[21:4] 10 sn The slave would not have the right or 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 bride price 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 assumes that 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.
[21:5] 11 tn 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 342-43 §113.o).
[21:5] 12 tn Or taken as a desiderative imperfect, it would say, “I do not want to go out free.”
[21:6] 13 tn The word is הָאֱלֹהִים (ha’elohim). S. R. Driver (Exodus, 211) says the phrase means “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. 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. Cf. also ASV, NAB, NASB, NCV, NRSV, NLT. Others have made a stronger case that it refers to judges who acted on behalf of God; see C. Gordon, “אלהים in its Reputed Meaning of Rulers, Judges,” JBL 54 (1935): 134-44; and A. E. Draffkorn, “Ilani/Elohim,” JBL 76 (1957): 216-24; cf. KJV, NIV.
[21:6] 14 tn Or “till his life’s end” (as in the idiom: “serve him for good”).
[21:7] 15 sn This paragraph is troubling to modern readers, but given the way that marriages were contracted and the way people lived in the ancient world, it was a good provision for people who might want to find a better life for their daughter. On the subject in general for this chapter, see W. M. Swartley, Slavery, Sabbath, War, and Women, 31-64.
[21:7] 16 tn The word אָמָה (’amah) 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, Exodus, 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.
[21:8] 17 tn Heb “and if unpleasant (רָעָה, ra’ah) in the eyes of her master.”
[21:8] 18 tn The verb יָעַד (ya’ad) does not mean “betroth, espouse” as some of the earlier translations had it, but “to designate.” When he bought the girl, he designated her for himself, giving her and her family certain expectations.
[21:8] 19 tn The verb is a Hiphil perfect with vav (ו) consecutive from פָדָה (padah, “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. U. Cassuto says it can also mean she can redeem herself and dissolve the relationship (Exodus, 268).
[21:8] 20 tn Heb “he has no authority/power,” for the verb means “rule, have dominion.”
[21:8] 21 sn The deceit is in not making her his wife or concubine as the arrangement had stipulated.
[21:9] 22 tn Or “after the manner of” (KJV, ASV); NRSV “shall deal with her as with a daughter.”
[21:10] 23 tn “wife” has been supplied.
[21:10] 24 tn The translation of “food” does not quite do justice to the Hebrew word. It is “flesh.” The issue 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 ate, but the fine foods that this family ate.
[21:10] 25 sn 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 occurs only here. The point is that the woman was to be cared for with all that was required for a woman in that situation.
[21:11] 26 sn The lessons of slavery and service are designed to bring justice to existing customs in antiquity. The message 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.
[21:12] 27 sn The underlying point of this section remains vital today: The people of God must treat all human life as sacred.
[21:12] 28 tn The construction uses a 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 that involves further consequence (GKC 361 §116.w).
[21:12] 29 tn The Hebrew word וָמֵת (vamet) is a Qal perfect with 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 333 §112.n). The word shows the result of the action in the opening participle. It is therefore a case of murder or manslaughter.
[21:12] 30 sn See A. Phillips, “Another Look at Murder,” JJS 28 (1977): 105-26.
[21:13] 31 tn Heb “if he does not lie in wait” (NASB similar).
[21:13] 32 tn Heb “and God brought into his hand.” The death is unintended, its circumstances outside human control.
[21:14] 33 tn The word עָרְמָה (’ormah) 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, Exodus, 270). The use here seems parallel to the one in Josh 9:4, an instance involving intentionality and clever deception.
[21:15] 34 sn 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. S. R. Driver says that the severity of the penalty was in accord with the high view of parents (Exodus, 216).
[21:16] 35 tn Heb “a stealer of a man,” thus “anyone stealing a man.”
[21:16] 36 sn The implication 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. The crime would be in forcibly taking the individual away from his home and religion and putting him into bondage or death.
[21:16] 37 tn Literally “and he is found in his hand” (KJV and ASV both similar), being not yet sold.
[21:17] 38 tn The form is a Piel participle from קָלַל (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” (כָּבֵד, kaved; 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 (Exodus, 640) cites parallels in Sumerian where people were severely punished for publicly disowning their parents. “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).
[21:18] 39 tn Heb “falls to bed.”
[21:19] 40 tn “and then” has been supplied.
[21:19] 41 tn The verb is a Hitpael perfect with vav (ו) consecutive; it follows the sequence of the imperfect before it – “if he gets up and walks about.” This is proof of recovery.
[21:19] 42 tn The imperfect tense carries a nuance of obligatory imperfect because this is binding on the one who hit him.
[21:19] 43 tn Heb “his”; the referent (the injured person) has been specified in the translation for clarity.
[21:19] 44 tn The word appears to be the infinitive from the verb “to sit” with a meaning of “his sitting down”; some suggest it is 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.
[21:20] 45 tn Heb “so that he”; the words “or she” have been supplied in the translation for stylistic reasons.
[21:20] 46 tn Heb “under his hand.”
[21:20] 47 tn Heb “will be avenged” (how is not specified).
[21:21] 48 tn Heb “if he”; the referent (the servant struck and injured in the previous verse) has been specified in the translation for clarity.
[21:21] 49 tn Heb “he”; the referent (the owner of the injured servant) has been supplied in the translation for clarity.
[21:21] 50 tn This last clause is a free paraphrase of the Hebrew, “for he is his money” (so KJV, ASV); NASB “his property.” It seems 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 penalty other than that the owner loses the slave who is his property – he suffers the loss.
[21:22] 51 tn 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 אָסוֹן (’ason) is translated “serious damage.” The word was taken in Mekilta to mean “death.” U. Cassuto says the point of the phrase is that neither the woman or the children that are born die (Exodus, 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.
[21:22] 52 tn The word בִּפְלִלִים (biflilim) 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. S. R. Driver mentions an alternative to this unusual reading presented by Budde, reading בנפלים as “untimely birth” (Exodus, 219). See also E. A. Speiser, “The Stem PLL in Hebrew,” JBL 82 (1963): 301-6.
[21:25] 53 sn 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.
[21:26] 54 tn The form וְשִׁחֲתָהּ (vÿshikhatah) is the Piel perfect with the vav (ל) consecutive, rendered “and destroys it.” The verb is a strong one, meaning “to ruin, completely destroy.”
[21:26] 55 tn Heb “him”; the referent (the male or female servant) has been specified in the translation for clarity.
[21:26] 56 sn Interestingly, the verb used here for “let him go” is the same verb throughout the first part of the book for “release” of the Israelites from slavery. Here, an Israelite will have to release the injured slave.
[21:27] 57 tn Heb “him”; the referent (the male or female servant) has been specified in the translation for clarity.
[21:28] 58 sn The point that this section of the laws makes is that one must ensure the safety of others by controlling the circumstances.
[21:28] 59 tn Traditionally “ox,” but “bull” would also be suitable. The term may refer to one of any variety of large cattle.
[21:28] 60 tn Heb “and he dies”; KJV “that they die”; NAB, NASB “to death.”
[21:28] 61 tn The text uses סָקוֹל יִסָּקֵל (saqol yissaqel), a Qal infinitive absolute with a Niphal imperfect. The infinitive intensifies the imperfect, which here has an obligatory nuance or is a future of instruction.
[21:29] 62 tn The Hophal perfect has the idea of “attested, testified against.”
[21:29] 63 tn Heb “he was not keeping it” or perhaps guarding or watching it (referring to the ox).
[21:30] 64 sn 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.
[21:31] 65 tn Heb “it”; the referent (the ox) has been specified in the translation for clarity.
[21:31] 66 tn Heb “he”; the referent (the owner) has been specified in the translation for clarity.
[21:31] 67 tn Heb “according to this judgment it shall be done to him.”
[21:32] 68 tn Heb “he”; the referent (the owner) has been specified in the translation for clarity.
[21:32] 69 sn 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.).
[21:32] 70 sn See further B. S. Jackson, “The Goring Ox Again [Ex. 21,28-36],” JJP 18 (1974): 55-94.
[21:34] 71 tn The verb is a Piel imperfect from שָׁלַם (shalam); it has the idea of making payment in full, making recompense, repaying. 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.
[21:34] 73 tn Here the term “animal” has been supplied.
[21:35] 74 tn Literally “its silver” or “silver for it.”
[21:35] 75 tn Heb “divide the dead.” The noun “ox” has been supplied.
[21:36] 76 tn The construction now uses the same Piel imperfect (v. 34) but adds the infinitive absolute to it for emphasis.
[21:36] 77 sn 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.
[22:1] 78 sn 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.
[22:1] 79 sn 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.
[22:1] 80 tn The imperfect tense here has the nuance of obligatory imperfect – he must pay back.
[22:1] 81 tn בָּקַר (baqar) and צֹאן (tso’n) are the categories to which the ox and the sheep belonged, so that the criminal had some latitude in paying back animals.
[22:2] 82 tn Heb “found” (so KJV, ASV, NRSV).
[22:2] 83 tn The word בַּמַּחְתֶּרֶת (bammakhteret) means “digging through” the walls of a house (usually made of mud bricks). The verb is used only a few times and has the meaning of dig in (as into houses) or row hard (as in Jonah 1:13).
[22:2] 84 tn 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.
[22:2] 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, on the assumption that in daylight the thief posed no threat to the homeowner’s life and could be stopped and made to pay restitution.
[22:3] 85 tn The words “a thief” have been added for clarification. S. R. Driver (Exodus, 224) 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. The idea here would be that any thief caught alive would pay restitution.
[22:4] 86 tn The construction uses a Niphal infinitive absolute and a 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 342-43 §113.o).
[22:4] 87 tn Heb “in his hand.”
[22:4] 88 sn 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.
[22:5] 89 tn The verb בָּעַר (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 S. R. Driver, Exodus, 225).
[22:5] 90 tn The phrase “his livestock” is supplied from the next clause.
[22:6] 91 tn Heb “if a fire goes out and finds”; NLT “if a fire gets out of control.”
[22:6] 92 sn Thorn bushes were used for hedges between fields, but thorn bushes also burned easily, making the fire spread rapidly.
[22:6] 93 tn This is a Hiphil participle of the verb “to burn, kindle” used substantivally. This is the one who caused the fire, whether by accident or not.
[22:7] 94 tn 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.
[22:7] 95 tn Heb “to keep.” Here “safekeeping,” that is, to keep something secure on behalf of a third party, is intended.
[22:8] 98 tn Here again the word used is “the gods,” meaning the judges who made the assessments and decisions. In addition to other works, see J. R. Vannoy, “The Use of the Word ha’elohim in Exodus 21:6 and 22:7,8,” The Law and the Prophets, 225-41.
[22:8] 99 tn The phrase “to see” has been supplied.
[22:8] 100 tn The line says “if he has not stretched out his hand.” This could be the oath formula, but the construction here would be unusual, or it could be taken as “whether” (see W. C. Kaiser, Jr., “Exodus,” EBC 2:438). U. Cassuto (Exodus, 286) 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.
[22:9] 101 tn Heb “concerning every kind [thing] of trespass.”
[22:9] 102 tn The text simply has “this is it” (הוּא זֶה, hu’ zeh).
[22:9] 103 tn Again, or “God.”
[22:9] 104 tn 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 445-46 §138.e).
[22:9] 105 tn The verb means “to be guilty” in Qal; in Hiphil it would have a declarative sense, because a causative sense would not possibly fit.
[22:10] 106 tn The form is a Niphal participle from the verb “to break” – “is broken,” which means harmed, maimed, or hurt in any way.
[22:10] 107 tn 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.
[22:10] 108 tn Heb “there is no one seeing.”
[22:11] 109 tn The construct relationship שְׁבֻעַת יְהוָה (shÿvu’at yÿhvah, “the oath of Yahweh”) would require a genitive of indirect object, “an oath [to] Yahweh.” U. Cassuto suggests that it means “an oath by Yahweh” (Exodus, 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.
[22:12] 110 tn Both with this verb “stolen” and in the next clauses with “torn in pieces,” the text uses the infinitive absolute construction with less than normal emphasis; as Gesenius says, in conditional clauses, an infinitive absolute stresses the importance of the condition on which some consequence depends (GKC 342-43 §113.o).
[22:12] 111 sn The point is that the man should have taken better care of the animal.
[22:13] 112 tn The word עֵד (’ed) actually means “witness,” but the dead animal that is returned is a silent witness, i.e., evidence. The word is an adverbial accusative.
[22:14] 113 tn Heb “if a man asks [an animal] from his neighbor” (see also Exod 12:36). The ruling here implies an animal is borrowed, and if harm comes to it when the owner is not with it, the borrower is liable. The word “animal” is supplied in the translation for clarity.
[22:14] 114 tn Heb “he”; the referent (the man who borrowed the animal) has been specified in the translation for clarity.
[22:15] 115 tn Literally “it came with/for its hire,” this expression implies that the owner who hired it out and was present was prepared to take the risk, so there would be no compensation.
[22:16] 116 sn 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 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).
[22:16] 117 tn This is the word בְּתוּלָה (bÿtulah); 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.
[22:16] 118 tn Or “pledged” for marriage.
[22:16] 119 tn The verb מָהַר (mahar) means “pay the marriage price,” and the related noun is the bride price. B. Jacob says this was a proposal gift and not a purchase price (Exodus, 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.
[22:18] 120 sn There still were many who wished to follow pagan beliefs and consort with the dead (see Deut 18:10-11). The sorceress was someone who dealt with drugs or herbs for occult purposes.
[22:19] 121 tn Heb “lies with.”
[22:20] 122 tn Heb “not to Yahweh.”
[22:20] 123 tn The verb חָרַם (kharam) 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.
[22:21] 125 tn Or “alien,” both here and in 23:9. This individual is a resident foreigner; he lives in the land but, aside from provisions such as this, might easily be without legal rights.
[22:22] 126 tn The verb “afflict” is a Piel imperfect from עָנָה (’anah); it has a wide range of meanings: “afflict, oppress, humiliate, rape.” These victims are at the mercy of the judges, businessmen, or villains. The righteous king and the righteous people will not mistreat them (see Isa 1:17; Job 31:16, 17, 21).
[22:23] 127 tn The accusative here is the masculine singular pronoun, which leads S. R. Driver to conclude that this line is out of place, even though the masculine singular can be used in places like this (Exodus, 232). U. Cassuto says its use is to refer to certain classes (Exodus, 292).
[22:23] 128 tn Here again and with “cry” the infinitive absolute functions with a diminished emphasis (GKC 342-43 §113.o).
[22:23] 129 tn Here is the normal use of the infinitive absolute with the imperfect tense to emphasize the verb: “I will surely hear,” implying, “I will surely respond.”
[22:24] 130 sn The punishment will follow the form of talionic justice, an eye for an eye, in which the punishment matches the crime. God will use invading armies (“sword” is a metonymy of adjunct here) to destroy them, making their wives widows and their children orphans.
[22:25] 131 tn “any of” has been supplied.
[22:25] 132 sn The moneylender will be demanding and exacting. In Ps 109:11 and 2 Kgs 4:1 the word is rendered as “extortioner.”
[22:25] 134 sn 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 נֶשֶׁךְ (neshekh) 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]: 161-70; and E. Neufeld, “The Prohibition against Loans at Interest in the Old Testament,” HUCA 26 [1955]: 355-412).
[22:26] 135 tn The construction again uses the infinitive absolute with the verb in the conditional clause to stress the condition.
[22:26] 136 tn The clause uses the preposition, the infinitive construct, and the noun that is the subjective genitive – “at the going in of the sun.”
[22:27] 137 tn Heb “his skin.”
[22:27] 138 tn 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.
[22:27] 139 tn Heb “and it will be.”
[22:28] 140 tn The two verbs in this verse are synonyms: קָלַל (qalal) means “to treat lightly, curse,” and אָרַר (’arar) means “to curse.”
[22:28] 141 tn The word אֱלֹהִים (’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 (Exodus, 708).
[22:29] 142 tn The expressions are unusual. U. Cassuto renders them: “from the fullness of your harvest and from the outflow of your presses” (Exodus, 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.
[22:31] 143 sn The use of this word here has to do with the laws of the sanctuary and not some advanced view of holiness. The ritual holiness at the sanctuary would prohibit eating anything torn to pieces.
