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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]

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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.

21 “Now these are the ordinances which you shall set before them:

“If you buy a Hebrew servant, he shall serve six years, and in the seventh he shall go out free without paying anything. If he comes in by himself, he shall go out by himself. If he is married, then his wife shall go out with him. If his master gives him a wife and she bears him sons or daughters, the wife and her children shall be her master’s, and he shall go out by himself. But if the servant shall plainly say, ‘I love my master, my wife, and my children. I will not go out free;’ then his master shall bring him to God, and shall bring him to the door or to the doorpost, and his master shall bore his ear through with an awl, and he shall serve him forever.

“If a man sells his daughter to be a female servant, she shall not go out as the male servants do. If she doesn’t please her master, who has married her to himself, then he shall let her be redeemed. He shall have no right to sell her to a foreign people, since he has dealt deceitfully with her. If he marries her to his son, he shall deal with her as a daughter. 10 If he takes another wife to himself, he shall not diminish her food, her clothing, and her marital rights. 11 If he doesn’t do these three things for her, she may go free without paying any money.

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