Keluaran 5:16

5:16 No straw is given to your servants, but we are told, ¹  ‘Make bricks!’ Your servants are even ²  being beaten, but the fault ³  is with your people.”

Keluaran 22:2

22:2 “If a thief is caught ⁴  breaking in ⁵  and is struck so that he dies, there will be no blood guilt for him. ⁶ 

[5:16]  ¹ tn Heb “[they] are saying to us,” the line can be rendered as a passive since there is no expressed subject for the participle.

[5:16]  ² tn הִנֵּה (hinneh) draws attention to the action reflected in the passive participle מֻכִּים (mukkim): “look, your servants are being beaten.”

[5:16]  ³ tn The word rendered “fault” is the basic OT verb for “sin” – וְחָטָאת (vÿkhata’t). The problem is that it is pointed as a perfect tense, feminine singular verb. Some other form of the verb would be expected, or a noun. But the basic word-group means “to err, sin, miss the mark, way, goal.” The word in this context seems to indicate that the people of Pharaoh – the slave masters – have failed to provide the straw. Hence: “fault” or “they failed.” But, as indicated, the line has difficult grammar, for it would literally translate: “and you [fem.] sin your people.” Many commentators (so GKC 206 §74.g) wish to emend the text to read with the Greek and the Syriac, thus: “you sin against your own people” (meaning the Israelites are his loyal subjects).

[22:2]  ⁴ tn Heb “found” (so KJV, ASV, NRSV).

[22:2]  ⁵ 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]  ⁶ 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.