如何对待奴仆

21 “你要向百姓颁布下列法令。 你若买一个希伯来人当奴仆,他必须服侍你六年,到第七年便可以获得自由,不用支付任何赎金。 倘若买他的时候,他是单身,那么期满的时候,他可以单身离开。如果他跟妻子一同被买,就可以带妻子一起离开。 倘若主人给他娶了妻,妻子生了儿女,那么期满的时候,他只能单独离开,他的妻儿要归主人。 倘若奴仆说,‘我爱我的主人和我的妻子儿女,我不愿意离开他们做自由人。’ 主人就要带他到审判官面前,让他靠着门或门框,用锥子为他穿耳洞。这样,他就要永远服侍主人。 倘若有人把女儿卖为奴婢,她不可像男仆那样离开。 倘若买她的主人本想把她留在身边,后来却不喜欢她,就应当让她赎身。主人无权把她转卖给外族人,因为是主人对她不守信用。 倘若是买来给自己的儿子,就要把她当作自己的女儿一般看待。 10 倘若有人娶了奴婢为妻,后来又另娶,他还是要照常供给她饭食和衣服,并履行同房的义务。 11 倘若主人不履行以上的三个条件,奴婢就可以随时离开,不用缴付任何赎金。

如何处理人身伤害

12 “打人致死的,必须被处死。 13 倘若不是故意杀人,而是上帝许可那人死在他手里,他就可以逃往我指定的地方。 14 倘若是蓄意杀人,就算他逃到我的祭坛那里,也要把他拉出来处死。 15 殴打父母的,必须被处死。 16 绑架他人贩卖或自用的,必须被处死。 17 咒骂父母的,必须被处死。 18 倘若斗殴时一方用拳头或石块致另一方受伤、躺卧在床,但不至于死, 19 日后能起床扶着拐杖走路,伤人者便不算有罪,但要赔偿受伤者停工期间的损失,并要负责医好他。

20 “倘若有人用棍子打他的仆婢,导致他们当场死亡,他必须受惩罚。 21 倘若伤者过了一两天才死去,主人就可免刑,因为死者是他的财产。 22 倘若有人彼此斗殴,伤了孕妇,导致早产,但未造成其他伤害,伤人者要按她丈夫所要求的金额,经审判官判定以后,如数赔偿。 23 倘若孕妇身体其他部位也受了伤,伤人者就要以命偿命, 24 以眼还眼,以牙还牙,以手还手,以脚还脚, 25 以烧伤还烧伤,以创伤还创伤,以殴打还殴打。

26 “主人若打坏仆婢的一只眼睛,就要因仆婢眼睛受伤而使仆婢得自由。 27 同样,倘若他打掉了仆婢的一颗牙齿,也要因此而释放他。

28 “倘若有牛抵死了人,要用石头打死那头牛,并且不可吃它的肉,牛的主人可算无罪。 29 但倘若牛常常用角伤人,并且已经有人向牛的主人投诉,他却不拴好牛,以致牛抵死了人,就要用石块打死牛,并处死主人。 30 若判他以罚款抵命,不论金额多少,他都得照付。 31 牛若抵死了别人的儿女,也要照以上的条例办理。 32 牛若抵死了别人的仆婢,牛的主人要赔三百三十克银子[a]给那仆婢的主人,并要用石头打死牛。 33 倘若有人打开井盖或挖了井后不把井口盖好,以致有牛或驴掉进井里, 34 井的主人就要赔偿牲畜的主人,死牲畜则归井的主人。 35 倘若某人的牛抵死了别人的牛,两家的主人就要卖掉活牛,平分所得,同时也要平分那头死掉的牛。 36 倘若素知牛好抵,主人却没有拴好它,他就要以牛还牛,死牛则归他。

Footnotes

  1. 21:32 三百三十克银子约是当时一个奴仆的身价。

仆婢的条例(A)

21 “你要在众民面前订立的典章是这样的。 如果你买希伯来人作奴仆,他要服事你六年;到第七年他可以自由出去,不必补偿甚么。 他若是单身来,就可以单身出去;他若是有妇之夫,他的妻子就可以和他同去。 他的主人若是给他妻子,妻子又给他生了儿女,那么妻子和儿女都要归给主人,他自己要单独出去。 如果那奴仆明明说:‘我爱我的主人和我的妻子儿女,不愿意自由出去。’ 他的主人就要把他带到审判官(“审判官”原文作“ 神”)那里,又要把他带到门前,或是门柱旁;他的主人要用锥子刺穿他的耳朵,他就要永远服事他的主人。 如果有人把女儿卖作婢女,婢女不可像男仆那样出去。 如果主人选定她归自己,以后又不喜欢她,就要准她赎身;主人没有权力可以把她卖给外族人,因为主人曾经欺骗了她。 如果主人选定她归自己的儿子,就必须照着待女儿的规矩待她。 10 如果他另娶一个妻子,那么,对她的饮食、衣着和性的需要,仍然不可减少。 11 如果他不向她行这三样,她就可以自由出去,不必补偿甚么。

惩罚杀人者或伤人者的条例

12 “打人以致把人打死的,必要把那人处死。 13 人若不是蓄意杀人,而是 神交在他手中的,我就给你设立一个地方,他可以逃到那里去。 14 若有人任意待他的邻舍,用诡计把他杀了,你要把他从我的祭坛那里拿去处死。

15 “打父母的,必要把那人处死。

16 “拐带人口的,无论是把人卖了,或是还留在他手中,必要把那人处死。 17 咒骂父母的,必要把那人处死。

18 “如果人彼此争论,一个用石头或拳头打另一个,但他还没有死,不过要躺在床上, 19 以后,他若是能起来,能扶杖出外行走,那打他的就可算无罪,但要赔偿他停工的损失,并且要把他完全医好。

20 “如果有人用棍打他的奴仆或婢女,以致死在他的手下,他必须受刑罚; 21 但如果他还活一两天,那人就不必受刑罚,因为那奴仆是他的财产。

22 “如果人彼此争斗,击伤了怀孕的妇人,以致流产,但没有别的损害,那伤害她的必须按照妇人的丈夫要求的,和照着审判官断定的,缴纳罚款。 23 如果有别的损害,你就要以命偿命, 24 以眼还眼,以牙还牙,以手还手,以脚还脚, 25 以烙还烙,以伤还伤,以打还打。

26 “如果有人击打他奴仆的一只眼,或婢女的一只眼,把眼打坏了,就要因他的眼的缘故让他自由离去。 27 如果有人打落了他奴仆的一颗牙,或婢女的一颗牙,就要因他的牙的缘故让他自由离去。

牲畜伤人的赔偿条例

28 “如果牛触了男人或女人,以致死亡,那牛必须用石头打死,只是不可吃牛的肉;牛的主人却不必受刑罚。 29 如果那牛以前常常触人,牛主也曾经受过警告,他仍然不把牛拴好,以致触死了男人或是女人,就要用石头把那牛打死,牛主也必要处死。 30 如果给他提出赎金,他就必须照着提出的数量全数缴付赎命金。 31 牛无论触了人的儿子,或是触了人的女儿,都必须照着这定例办理。 32 如果牛触了人的奴仆,或是婢女,必须把三百四十克银子给他的主人,那牛也必须用石头打死。

伤害牲畜的赔偿条例

33 “如果有人把井敞开,或是有人挖了井,而不把井口遮盖,以致有牛或驴掉进里面, 34 井主要赔偿,要把银子还给牛主或驴主,死的牲畜可以归自己。

35 “如果有人的牛伤了他邻舍的牛,以致死亡,他们要把活牛卖了,平分银子,也要平分死牛。 36 如果人知道那牛以前常常触人,牛主竟不把牛拴好,他必须赔偿,以牛还牛,死的可以归自己。”

The Ordinances

21 [a] “These are the ordinances that you will set before them:

Hebrew Servants

[b] “If you buy[c] a Hebrew servant,[d] he is to serve you for six years, but in the seventh year he will go out free[e] without paying anything.[f] If he came in[g] by himself[h] he will go out by himself; if he had[i] a wife when he came in, then his wife will go out with him. If his master gave[j] 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. But if the servant should declare,[k] ‘I love my master, my wife, and my children; I will not go out[l] free,’ then his master must bring him to the judges,[m] and he will bring him to the door or the doorpost, and his master will pierce his ear with an awl, and he shall serve him forever.[n]

“If a man sells his daughter[o] as a female servant,[p] she will not go out as the male servants do. If she does not please[q] her master, who has designated her[r] for himself, then he must let her be redeemed.[s] He has no right[t] to sell her to a foreign nation, because he has dealt deceitfully[u] with her. If he designated her for his son, then he will deal with her according to the customary rights[v] of daughters. 10 If he takes another wife,[w] he must not diminish the first one’s food,[x] her clothing, or her marital rights.[y] 11 If he does not provide her with these three things, then she will go out free, without paying money.[z]

Personal Injuries

12 [aa] “Whoever strikes someone[ab] so that he dies[ac] must surely be put to death.[ad] 13 But if he does not do it with premeditation,[ae] but it happens by accident,[af] then I will appoint for you a place where he may flee. 14 But if a man willfully attacks his neighbor to kill him cunningly,[ag] you will take him even from my altar that he may die.

15 “Whoever strikes[ah] his father or his mother must surely be put to death.

16 “Whoever kidnaps someone[ai] and sells him,[aj] or is caught still holding him,[ak] must surely be put to death.

17 “Whoever treats his father or his mother disgracefully[al] must surely be put to death.

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,[am] 19 and then[an] if he gets up and walks about[ao] outside on his staff, then the one who struck him is innocent, except he must pay[ap] for the injured person’s[aq] loss of time[ar] and see to it that he is fully healed.

20 “If a man strikes his male servant or his female servant with a staff so that he or she[as] dies as a result of the blow,[at] he will surely be punished.[au] 21 However, if the injured servant[av] survives one or two days, the owner[aw] will not be punished, for he has suffered the loss.[ax]

22 “If men fight and hit a pregnant woman and her child is born prematurely,[ay] but there is no serious injury, the one who hit her[az] will surely be punished in accordance with what the woman’s husband demands of him, and he will pay what the court decides.[ba] 23 But if there is serious injury, then you will give a life for a life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise.[bb]

26 “If a man strikes the eye of his male servant or his female servant so that he destroys it,[bc] he will let the servant[bd] go free[be] as compensation for the eye. 27 If he knocks out the tooth of his male servant or his female servant, he will let the servant[bf] go free as compensation for the tooth.

Laws about Animals

28 [bg] “If an ox[bh] gores a man or a woman so that either dies,[bi] then the ox must surely[bj] be stoned and its flesh must not be eaten, but the owner of the ox will be acquitted. 29 But if the ox had the habit of goring, and its owner was warned[bk] but he did not take the necessary precautions,[bl] and then it killed a man or a woman, the ox must be stoned and the man must be put to death. 30 If a ransom is set for him,[bm] then he must pay the redemption for his life according to whatever amount was set for him. 31 If the ox[bn] gores a son or a daughter, the owner[bo] will be dealt with according to this rule.[bp] 32 If the ox gores a male servant or a female servant, the owner[bq] must pay thirty shekels of silver,[br] and the ox must be stoned.[bs]

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, 34 the owner of the pit must repay the loss.[bt] He must give money[bu] to its owner, and the dead animal[bv] will become his. 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,[bw] and they will also divide the dead ox.[bx] 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[by] ox for ox, and the dead animal will become his.[bz]

Footnotes

  1. Exodus 21:1 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.
  2. Exodus 21:2 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.
  3. Exodus 21:2 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).
  4. Exodus 21:2 sn The interpretation of “Hebrew” in this verse is uncertain: (1) 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.
  5. Exodus 21:2 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).
  6. Exodus 21:2 tn The adverb חִנָּם (hinnam) means “gratis, free”; it is related to the verb “to be gracious, show favor” and the noun “grace.”
  7. Exodus 21:3 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.”
  8. Exodus 21:3 tn Heb “with his back” meaning “alone.”
  9. Exodus 21:3 tn The phrase says, “if he was the possessor of a wife”; the noun בַּעַל (baʿal) 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.
  10. Exodus 21:4 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.
  11. Exodus 21:5 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).
  12. Exodus 21:5 tn Or taken as a desiderative imperfect, it would say, “I do not want to go out free.”
  13. Exodus 21:6 tn The word is הָאֱלֹהִים (haʾelohim). 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.
  14. Exodus 21:6 tn Or “till his life’s end” (as in the idiom: “serve him for good”).
  15. Exodus 21:7 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.
  16. Exodus 21:7 tn The word אָמָה (ʾamah) 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.
  17. Exodus 21:8 tn Heb “and if unpleasant (רָעָה, raʿah) in the eyes of her master.”
  18. Exodus 21:8 tn The verb יָעַד (yaʿad) 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.
  19. Exodus 21:8 tn The verb is a Hiphil perfect with vav (ו) consecutive from פָּדָה (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).
  20. Exodus 21:8 tn Heb “he has no authority/power,” for the verb means “rule, have dominion.”
  21. Exodus 21:8 sn The deceit is in not making her his wife or concubine as the arrangement had stipulated.
  22. Exodus 21:9 tn Or “after the manner of” (KJV, ASV); NRSV “shall deal with her as with a daughter.”
  23. Exodus 21:10 tn “wife” has been supplied.
  24. Exodus 21:10 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.
  25. Exodus 21:10 sn Traditional Rabbinic interpretation, affirmed in spirit by the Apostle Paul in 1 Cor 7:5, understands the term עֹנָה (ʿonah) to refer to rights to sexual relations within marriage. The term only occurs in this verse and its precise nuance is unclear. An alternate opinion is proposed by S. Paul, “Exodus 21:10, A Threefold Maintenance Clause,” JNES 28 (1969): 48-53. He 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. But none of the three are cognates to the words in the Hebrew list (a cognate term for “clothing” was not used) and the sequence is different than the Akkadian, so it is unlikely that it represents a shared standard legal formulation. The point is that the husband cannot play favorites and functionally demote his first wife.
  26. Exodus 21:11 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.
  27. Exodus 21:12 sn The underlying point of this section remains vital today: The people of God must treat all human life as sacred.
  28. Exodus 21:12 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).
  29. Exodus 21:12 tn The Hebrew word וָמֵת (vamet) is a Qal perfect with vav consecutive; it means “and he dies” and not “and killed him” (which requires 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.
  30. Exodus 21:12 sn See A. Phillips, “Another Look at Murder,” JJS 28 (1977): 105-26.
  31. Exodus 21:13 tn Heb “if he does not lie in wait” (NASB similar).
  32. Exodus 21:13 tn Heb “and God brought into his hand.” The death is unintended, its circumstances outside human control.
  33. Exodus 21:14 tn The word עָרְמָה (ʿormah) 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.
  34. Exodus 21:15 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).
  35. Exodus 21:16 tn Heb “a stealer of a man,” thus “anyone stealing a man.”
  36. Exodus 21:16 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.
  37. Exodus 21:16 tn Literally “and he is found in his hand” (KJV and ASV both similar), being not yet sold.
  38. Exodus 21:17 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).
  39. Exodus 21:18 tn Heb “falls to bed.”
  40. Exodus 21:19 tn “and then” has been supplied.
  41. Exodus 21:19 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.
  42. Exodus 21:19 tn The imperfect tense carries a nuance of obligatory imperfect because this is binding on the one who hit him.
  43. Exodus 21:19 tn Heb “his”; the referent (the injured person) has been specified in the translation for clarity.
  44. Exodus 21:19 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.
  45. Exodus 21:20 tn Heb “so that he”; the words “or she” have been supplied in the translation for stylistic reasons.
  46. Exodus 21:20 tn Heb “under his hand.”
  47. Exodus 21:20 tn Heb “will be avenged” (how is not specified).
  48. Exodus 21:21 tn Heb “if he”; the referent (the servant struck and injured in the previous verse) has been specified in the translation for clarity.
  49. Exodus 21:21 tn Heb “he”; the referent (the owner of the injured servant) has been supplied in the translation for clarity.
  50. Exodus 21:21 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.
  51. Exodus 21:22 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 (ʾason) 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.
  52. Exodus 21:22 tn Heb “he will surely.”
  53. Exodus 21:22 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.
  54. Exodus 21:25 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.
  55. Exodus 21:26 tn The form וְשִׁחֲתָהּ (veshikhatah) is the Piel perfect with the vav (ל) consecutive, rendered “and destroys it.” The verb is a strong one, meaning “to ruin, completely destroy.”
  56. Exodus 21:26 tn Heb “him”; the referent (the male or female servant) has been specified in the translation for clarity.
  57. Exodus 21:26 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.
  58. Exodus 21:27 tn Heb “him”; the referent (the male or female servant) has been specified in the translation for clarity.
  59. Exodus 21:28 sn The point that this section of the laws makes is that one must ensure the safety of others by controlling the circumstances.
  60. Exodus 21:28 tn Traditionally “ox,” but “bull” would also be suitable. The term may refer to one of any variety of large cattle.
  61. Exodus 21:28 tn Heb “and he dies”; KJV “that they die”; NAB, NASB “to death.”
  62. Exodus 21:28 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.
  63. Exodus 21:29 tn The Hophal perfect has the idea of “attested, testified against.”
  64. Exodus 21:29 tn Heb “he was not keeping it” or perhaps guarding or watching it (referring to the ox).
  65. Exodus 21:30 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.
  66. Exodus 21:31 tn Heb “it”; the referent (the ox) has been specified in the translation for clarity.
  67. Exodus 21:31 tn Heb “he”; the referent (the owner) has been specified in the translation for clarity.
  68. Exodus 21:31 tn Heb “according to this judgment it shall be done to him.”
  69. Exodus 21:32 tn Heb “he”; the referent (the owner) has been specified in the translation for clarity.
  70. Exodus 21:32 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 400 years earlier, Joseph was sold into Egypt for 20 shekels. The free Israelite citizen was worth about 50 shekels (Lev 27:3f.).
  71. Exodus 21:32 sn See further B. S. Jackson, “The Goring Ox Again [Ex. 21, 28-36],” JJP 18 (1974): 55-94.
  72. Exodus 21:34 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.
  73. Exodus 21:34 tn Heb “silver.”
  74. Exodus 21:34 tn Here the term “animal” has been supplied.
  75. Exodus 21:35 tn Literally “its silver” or “silver for it.”
  76. Exodus 21:35 tn Heb “divide the dead.” The noun “ox” has been supplied.
  77. Exodus 21:36 tn The construction now uses the same Piel imperfect (v. 34) but adds the infinitive absolute to it for emphasis.
  78. Exodus 21:36 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.