Exodus 21 commentary

The laws in this chapter relate to the fifth and sixth commandments; and though they differ from our times and customs, nor are they binding on us, yet they explain the moral law, and the rules of natural justice. The servant, in the state of servitude, was an emblem of that state of bondage to sin, Satan, and the law, which man is brought into by robbing God of his glory, by the transgression of his precepts. Likewise in being made free, he was an emblem of that liberty wherewith Christ, the Son of God, makes free from bondage his people, who are free indeed; and made so freely, without money and without price, of free grace.

God, who by his providence gives and maintains life, by his law protects it. A wilful murderer shall be taken even from God's altar. But God provided cities of refuge to protect those whose unhappiness it was, and not their fault, to cause the death of another; for such as by accident, when a man is doing a lawful act, without intent of hurt, happens to kill another. Let children hear the sentence of God's word upon the ungrateful and disobedient; and remember that God will certainly requite it, if they have ever cursed their parents, even in their hearts, or have lifted up their hands against them, except they repent, and flee for refuge to the Saviour. And let parents hence learn to be very careful in training up their children, setting them a good example, especially in the government of their passions, and in praying for them; taking heed not to provoke them to wrath. Through poverty the Israelites sometimes sold themselves or their children; magistrates sold some persons for their crimes, and creditors were in some cases allowed to sell their debtors who could not pay. But “man-stealing,” the object of which is to force another into slavery, is ranked in the New Testament with the greatest crimes. Care is here taken, that satisfaction be made for hurt done to a person, though death do not follow. The gospel teaches masters to forbear, and to moderate threatenings, Eph 6:9, considering with Job, What shall I do, when God riseth up? Job 31:13, 14.

The cases here mentioned give rules of justice then, and still in use, for deciding similar matters. We are taught by these laws, that we must be very careful to do no wrong, either directly or indirectly. If we have done wrong, we must be very willing to make it good, and be desirous that nobody may lose by us.

1. Now these are the judgments. Both passages contain the same appointment, viz., that as to the Hebrews slavery must end at the seventh year; for God would have the children of Abraham, although obliged to sell themselves, to differ from heathen and ordinary slaves. Their enfranchisement is, therefore, enjoined, but with an exception, which Moses expresses in the first passage but omits in the latter, i e., that if the slave had married a bond-woman, and had begotten children, they should remain with the master, and that he should alone be free. Whence it appears how hard was the condition of slaves, since it could not be mitigated without an unnatural exception (sine prodigio;) for nothing could be more opposed to nature than that a husband, forsaking his wife and children, should remove himself elsewhere. But the tie of slavery could only be loosed by divorce, that is to say, by this impious violation of marriage. There was then gross barbarity in this severance, whereby a man was disunited from half of himself and his own bowels. Yet there was no remedy for it; for if the wife and children had been set free, it would have been a spoliation of their lawful master to take them with him, not only because the woman was his slave, but because he had incurred expense in the bringing up of the young children. The sanctity of marriage therefore gave way in this case to private right; and this defect is to be reckoned amongst the others which God tolerated on account of the people’s hardness of heart, because it could hardly be remedied; yet, if any one were withheld by chaste affection, and unwilling to abandon his wife and offspring, an alternative is presented, viz., that he should give himself up also to perpetual slavery. The form of this is more clearly pointed out in Exodus than in Deuteronomy; for, in the latter, it is only said that the master, in order to assert his perpetual right to the slave, should bore his ear; whereas in Exodus the circumstance is added, that a public process should first take place; for, if each private individual had been his own judge in this matter, the rich men’s houses would have been like slaughterhouses to put their wretched slaves to the torment in. “Pour tormenter, et gehener les poures serfs.” — Fr. We read in Jeremiah, (34:11,) that this law fell into contempt, and that the Jews, contrary to all law and justice, retained perpetual dominion over their slaves; nay, that when they were severely reprimanded under King Zedekiah, and liberty was anew proclaimed, the wretched men were immediately dragged back to their yoke of tyranny, as if they had been set free in mockery. Care was therefore to be taken lest, by secret tortures, they should compel the unwilling to continue as their slaves; and the provision against this evil was an open confession of their desire before the judges; whilst the boring of the ear was a kind of stigma upon them. For the Orientals were accustomed to brand slaves, or fugitives, or criminals, or those who were in any wise suspected; and although God did not choose to have this mark of ignominy imprinted on the foreheads of his people, yet, if any one voluntarily consented to endure perpetual slavery, He willed that he should bear this token of his servitude upon his ear. Still we must remember that even this slavery, although it is said to endure for ever, was brought to a close at the jubilee, because then the condition of the land and people was altogether renewed.

Deuteronomy 15

Deuteronomy 15:12-18

12. And if thy brother, an Hebrew man, or an Hebrew woman, be sold unto thee, and serve thee six years, then in the seventh year thou shalt let him go free from thee.

12. Si venditus fuerit tibi frater tuus Hebraeus, vel Hebraea, et servierit tibi sex annis: anno septimo dimittes eum liberum a te.

13. And when thou sendest him out free from thee, thou shalt not let him go away empty:

13. Et quum dimittes eum liberum a te, non dimittes eum vacuum.

14. Thou shalt furnish him liberally out of thy flock, and out of thy floor, and out of thy wine-press: of that wherewith the Lord thy God hath blessed thee thou shalt give unto him.

14. Onerando onerabis eum, de pecudibus tuis, et de area tua, et de torculari tuo: in quibus benedixit tibi Jehova Deus tuus, dabis ei.

15. And thou shalt remember that thou wast a bond-man in the land of Egypt, and the Lord thy God redeemed thee: therefore I command thee this thing today.

15. Et recordaberis quod servus fuisti in terra AEgypti, et redemerit te Jehova Deus tuus: idcirco ego praecipio tibi hoc hodie.

16. And it shall be, if he say unto thee, I will not go away from thee; (because he loveth thee and thine house, because he is well with thee;)

16. Quod si dixerit tibi, Non egrediar a te: propterea quod diligat te et domum tuam, et quod bene sit ei tecum:

17. Then thou shalt take an awl, and thrust it through his ear unto the door, and he shall be thy servant for ever: and also unto thy maidservant thou shalt do likewise.

17. Tunc accipies subulam, et adiges in aurem ejus in porta: eritque tibi servus in saeculum: sic etiam ancillae tuae facies.

18. It shall not seem hard unto thee when thou sendest him away free from thee; for he hath been worth a double hired servant to thee, in serving thee six years: and the Lord thy God shall bless thee in all that thou doest.

18. Non sit durum in oculis tuis quum dimittes eum liberum a te, quia duplo secundum mercedem mercenarii servivit tibi sex annis: et benedicet tibi Jehova in omnibus quae facies.

From this passage, as well as other similar ones, it plainly appears how many vices were of necessity tolerated in this people. It was altogether an act of barbarism that fathers should sell their children for the relief of their poverty, still it could not be corrected as might have been hoped. Again, the sanctity of the marriage-vow should have been greater than that it should be allowable for a master to repudiate his bond-maid, after he had betrothed her to himself as his wife; or, when he had betrothed her to his son, to make void that covenant, which is inviolable: for that principle ought ever to hold good — “Those whom God hath joined together, let not man put asunder.” (Matthew 19:6; Mark 10:9.) Yet liberty was accorded to the ancient people in all these particulars; only provision is here made that the poor girls should not suffer infamy and injury from their repudiation. But, although God is gracious in remitting the punishment, still He shows that chastity is pleasing to Him, as far as the people’s hardness of heart permitted. First of all, He does not allow a master to seduce his purchased maid-servant, but if he wishes to enjoy her embraces, a marriage must take place; for although He does not set this out in express terms, still we may infer from what He condemns, that the contrary is what He approves. From whence, too, their notion is refuted who suppose that fornication was lawful under the Law. But the words must be more closely examined on account of their ambiguity. First, the sex is treated with consideration, that the condition of a female may be somewhat more favorable than that of a male; since, otherwise, their weakness would render young women subject to injury and shame. An explanation then follows, respecting which, however, interpreters differ; for some read the particle לא, The Hebrew text has לא, not, but with a mark of doubt as to the genuineness of the reading, and the Masoretic note directs the substitution of לו, to him C. follows S. M. in adhering to the text, whilst our A. V. and the LXX. reject not, in accordance with the Masora. — W lo, which is properly negative, for לו, lo; and hence arise two opposite meanings — If he hath, or hath not, betrothed her to himself. If it be preferred to take it affirmatively, the meaning of the precept will be: If a master shall repudiate his bond-maid, whom he has loved and destined to be his wife, he must give her her liberty; for although literally it is, “he shall cause her to be redeemed,” yet; the context shows that the obligation of setting her free is laid upon him; nor is this contradicted by the fact that he is only deprived of the power of selling her to a strange people; since I do not understand this as applying to foreigners only, but to others of his own nation, since sometimes those of another tribe or family are called strangers. For, even though there were no marriage-compact, it was not otherwise lawful to sell slaves of the holy and elect people to foreigners. Besides, amongst the Israelites, slavery was only temporary. But, to pass by everything else, let it suffice to observe the absurdity that a master should hold his wife as a slave to be sold at pleasure, if their opinion is received who suppose that the words refer to repudiation after betrothal. This sentence is omitted in Ft., and the following substituted: “Ce mot doncques ou il est dit, Qu’il ne la pourra vendre a des estrangers, est entrelasse, pour monstrer, qu’il n’y eust eu nulle raison qu’il vendist celle qu’il a abusee de vaine esperance;“ this sentence, then, in which it is said that he may not sell her to strangers, is inserted to show that there was no reason why he should sell her whom he has abused with vain hopes. I myself rather approve of the other opinion, that, although the master shall not have aspired to matrimony with her, if her appearance displeases him so that he would be unwilling to have her as his wife, at least he must provide for her redemption; because her chastity would be in jeopardy if she remained with him unmarried; unless perhaps Moses may signify that, after she had been seduced, her master did not honor her with marriage. But the other view which I have just expressed is more simple; and a caution is given lest masters should seduce their maid-servants at their pleasure. Thus the word despise A. V., “If she please not.” Margin, “Heb., Be evil in the eyes of, etc.” does not refer to repudiation, but is opposed to beauty, or conjugal love.

The next case is, that if he should betroth her to his son, (he must give her a dowry, Added from Fr., in which there is much verbal difference here. ) in which, also, her modesty and honor is consulted, lest she should be oppressed by the right of ownership, and become a harlot. In the third place, it is provided that, if she should be repudiated, her condition should not be disadvantageous. If, therefore, he would make her his daughter-in-law, and betroth her to his son, he is commanded to deal liberally with her; for “after the manner of daughters” is equivalent to giving her a dowry, or, at any rate, to treating her as if she were free. Finally, he adds that, if he should choose another wife for his son, he should not reject the former one, nor defraud her of her food and raiment, or of some third thing, concerning which translators are not well agreed. Some render it time, but I do not see what is the meaning of diminishing her time; others, duty of marriage, but this is too free a translation; others, more correctly, affliction, since the girl would be humiliated by her repudiation; still, to diminish affliction, is too harsh an expression for to compensate an injury. Let my readers, then, consider whether the word, ענתה, gnonathah, is not used for compact or agreement; for thus the context will run very well: If his son have married another wife, that the girl who has suffered ignominious rejection should obtain her rights as to food, and raiment, and her appointed dowry; otherwise, God commands that she should be set free gratuitously, in order that her liberty may compensate for the wrong she has received.

Exodus 22

Exodus 22:16, 17

16. And if a man entice a maid that is not betrothed, and lie with her; he shall surely endow her to be his wife.

16. Quum seduxerit quispiam virginem quae non est desponsata, et coierit cum ea, dotando dotabit sibi in uxorem.

17. If her father utterly refuse to give her unto him, he shall pay money according to the dowry of virgins.

17. Si renuendo renuerit pater ejus ei dare ipsam, pecuniam appendet secundum dotem virginum.

12. He that smiteth a man, so that he die. This passage, as I have said, more clearly explains the details, and first makes a distinction between voluntary and accidental homicide; for, if a stone or an axe (Deuteronomy 19:5.) may have slipped from a man unintentionally, and struck anybody, He would not have it accounted a capital crime. And for this purpose the cities of refuge were given, of which brief mention is here made, and whose rights will be presently more fully spoken of, and where also the mode of distinguishing between design and ignorance will be laid down. But it must be remarked, that Moses declares that accidental homicide, as it is commonly called, does not happen by chance or accident, but according to the will of God, as if He himself led out the person, who is killed, to death. By whatever kind of death, therefore, men are taken away, it is certain that we live or die only at His pleasure; and surely, if not even a sparrow can fall to the ground except by His will, (Matthew 10:29,) it would be very absurd that men created in His image should be abandoned to the blind impulses of fortune. Wherefore it must be concluded, as Scripture elsewhere teaches, that the term of each man’s life is appointed, No reference is here given, but it is probably to Job 14:5, — “Thou hast appointed his bounds that he cannot pass.” with which another passage corresponds,

“Thou turnest man to destruction, and savest, Return, ye children of men.” (Psalm 90:3.)

It is true, indeed, that whatever has no apparent cause or necessity seems to us to be fortuitous; and thus, whatever, according to nature, might happen otherwise we call accidents, (contingentia;) yet in the meantime it must be remembered, that what might else incline either way is governed by God’s secret counsel, so that nothing is done without His arrangement and decree. In this way we do not suppose a fate “Une necessite fatale.” — Fr. such as the Stoics invented; for it is a different tiling to say that things which of themselves incline to various and doubtful events, are directed by the hand of God whithersoever He will, and to say that necessity governs them in accordance with the perpetual complication of causes, “Une necessite confuse selon des causes entortillees;” a confused necessity according to complicated causes. — Fr. and that this happens with God’s connivance; nay, nothing can be more opposite than that God should be drawn and carried away by a fatal motive power, or that He tempers all things as He sees fit.

There is no reason to follow the Jews here in philosophizing more deeply, that none are delivered to death but those in whom God finds cause for it. It is indeed certain, that with God there always exists the best reason for His acts; but it is wrong to elicit from thence that those who by tits guidance meet with death must be guilty of some offense. Nor even if God should take away an innocent man, would it bc lawful to murmur against Him; as if His justice were naught, because it is concealed from us, and indeed incomprehensible.

14. But if a man come presumptuously upon his neighbor. He expresses the same thing in different ways; for although there is a wide difference between slaying a man presumptuously “Superbire, et insidiari longe differunt.” — Lat. “Ruer sup quelqu’un par fierte et malice, et l’aguetter.” — Fr. and with guile, yet Moses applies them both to a willful murder; for by guile he means a wicked disposition to injure, and by the word presumptuous he designates a violent assault, when a man in hate wantonly falls upon another. And surely truculence, and violence, and all cruelty is presumptuous, (superba;) for unless a man despised his brother, he would not assail him as an enemy.

Lest by overlooking murders they should defile the land, God commands that murderers should be torn away even from His altar, whereby He signifies that they are as unworthy of divine as of human aid. For, although the sanctity of the altar might afford an asylum for the protection of those who had transgressed through imprudence, or. error, yet it would have been wrong that impunity for crimes should have been derived from hence; because the sanctuary would have been thus converted into a den of thieves, and religion would have been subjected to gross profanation. Wherefore, although criminals embracing the altar should implore God’s aid, the Law commands them to be torn away from thence to punishment, because it would have been disgraceful to abuse God’s sacred name as affording license for sin. Hence it appears how great was the folly of old in supposing that churches were honored when they were made asylums for the encouragement of evil deeds. This, indeed, was derived from the ordinary custom of the heathen; but it was a foolish imitation thus to mix up God with idols in a spurious worship; although in this respect the Gentiles served their idols more purely and virtuously than the Christians “Ceux qui se glorifioyent du titre de Chrestiente;“ those who prided themselves in the name of Christians. — Fr. served God; for they refused the right of asylum to the sacrilegious and impure, so that the temple of the Samothracians was no secure hiding-place even to Perseus, See Livy, lib. 45:5. The words quoted are from an address of a certain L. Atilius to the popular assembly of Samothracia. the king of Macedon. Livy records the following words, as having been spoken by a heathen, — “Since, at the commencement of all our sacrifices, those whose hands are not pure are enjoined to retire, will ye suffer your sanctuaries to be contaminated by the blood-stained person of a robber?” Let us, then, be ashamed of polluting our temples under the pretext of reverence for them.

The commandment is now sanctioned by the denunciation of capital punishment for its violation, yet not so as to comprehend all who have in any respect sinned against their parents, but sufficient to show that the rights of parents are sacred, and not to be violated without the greatest criminality. We know that parricides By the Roman law parricides were sewn up in a leathern sack with a dog, a cock, a viper, and a monkey, and east into the sea, or the nearest river. — Vide Cicero pro Rose. Amer., 2:25, 26. as being the most detestable of all men, were formerly sewn up in a leathern sack and cast into the water; but God proceeds further, when He commands all those to be exterminated who have laid violent hands on their parents “Ceux qui auront outrage pere ou mere, soit de faict, soit de parole;” those who shall have outraged father or mother either by act or word. — Fr. or addressed them in abusive language. For to smite does not only mean to kill, but refers to any violence, although no wound may have been inflicted. If, then, any one had struck his father or mother with his fist, or with a stick, the punishment of such an act of madness was the same as for murder. And, assuredly, it is an abominable and monstrous thing for a son not to hesitate to assault those from whom he has received his life; nor can it be but that impunity accorded to so foul a crime must straightway produce cruel barbarism. The second law avenges not only violence done to parents, but also, abusive words, which soon proceed to grosser insults and atrocious contempt. Still, if any one should have lightly let drop some slight reproach, as is often the case ill a quarrel, this severe punishment was not to be inflicted upon such, all inconsiderate piece of impertinence: and the word קלל, kalal, from which the participle used by Moses is derived, not only means to reproach, but also to curse, as well as to esteem lightly, and to despise. Whilst, therefore, not every insult, whereby the reverence due to parents was violated, received the punishment of death, still God would have that impious pride, which would subvert the first principles of nature, held in abhorrence. But, inasmuch as it might seem hard that a word, “Une injure verbale;” a verbal injury. — Fr. however unworthy of a dutiful son, should be the cause of death; this objection is met, by what is added by God in Leviticus, “his blood shall be upon him, because he hath cursed his father or mother:” as if He would put a stop to what men might otherwise presume to allege in mitigation of the severity of the punishment.

Deuteronomy 21

Deuteronomy 21:18-21

18. If a man have a stubborn and rebellious son, which will not obey the voice of his father, or the voice of his mother, and that, when they have chastened him, will not hearken unto them;

18. Quum quis habuerit filium perversum et rebellem, non obedientem voci patris sui et matris suae, et castigaverint illum, nec paruerit illis:

19. Then shall his father and his mother lay hold on him, and bring him out unto the elders of his city, and unto the gate of his place:

19. Tum apprehendent cum pater eius et mater eius, educentque ad seniores urbis suae et portam loci sui:

20. And they shall say unto the elders of his city, This our son is stubborn and rebellious, he will not obey our voice; he is a glutton and a drunkard.

20. Dicentque senioribus urbis, Filius iste noster perversus et rebellis est, non obediens voci nostrae, epulo est ac comessator.

21. And all the men of his city shall stone him with stones, that he die: so shalt thou put evil away from among you; and all Israel shall hear, and fear.

21. Tunc lapidabunt eum omnes homines urbis suae lapidibus, et morietur: atque ita auferes malum e medio tui, universusque Israel audiet, et timebit.

18. And if men strive together. The punishment here enacted for wounds and blows is so slight, that it might have served as a provocative to the mischievousness of the ill-disposed. Since the Law of the Twelve Tables only inflicted a fine of twenty-five asses upon a man who had beaten another unjustly, there was a certain Lucius Veratius, Aul. Gellius. Noct. Attic., 20:1. who, in mere wanton sport, did not hesitate to box the ears of any one he met, and then to command one of his slaves to pay the amount of the fine, so that it was at length thought better that the law should fall into desuetude, than to suffer it to be thus ridiculously abused. The same thing might easily happen among the Jews, since a person, who had so beaten his neighbor as that he should lie in bed, only had to pay what the unhappy man had expended on his cure. For who would not willingly enjoy the pleasure of knocking down his enemies on this condition, of providing for their subsistence whilst they lay in bed? But we must remember the declaration of Christ, that on account of the perverse nature of the Jews, many things were allowed them “because of the hardness of their hearts,” (Matthew 19:8, and Mark 10:5,) amongst which this indulgent provision is to be reckoned. Still God seems to have dealt more leniently with the man who had struck the blow, that He might also chastise the other, who, though of inferior strength, had rashly engaged in the conflict; for both were to be alike punished for the violence unjustly inflicted. Equal lenity seems, therefore, to have been shown to both, since compensation is only made to the person struck for his private loss. “Ainsi il semble bien que tous deux ont este supportez quant au delict public, quand il n’y a que le dommage particulier qui soit recompense;” thus it plainly appears that both were set free, as regarded the public offense, since it was only the private injury for which compensation was made. — Fr. But the fact, that God did not carry out the political laws to their perfection, shows that by this leniency He wished to reprove the people’s perverseness, which could not even bear to obey so mild a law. Whenever, therefore, God seems to pardon too easily: and with too much clemency, let us recollect that He designedly deviated from the more perfect rule, because He, had to do with an intractable people.

20. And if a man smite his servant. Although in civil matters there was a wide distinction between slaves and free-men, still, that God may show how dear and precious men’s lives are to Him, He has no respect to persons with regard to murder; but avenges the death of a slave and a free-man in the same way, if he should die immediately of his wound. Indeed, it was a proof of gross barbarism amongst the Romans and other nations, to give to masters the power of life and death; for men are bound together by a more sacred tie, than that it should be permitted to a master to kill with impunity his wretched slave; nor are some men so set over others, as that they should exercise tyranny, or robbery, neither does reason permit that any private individual should usurp to himself the power of the sword. But, although unjust cruelty was not prohibited, as it should have been, by the laws of Rome, yet they “Les gens prudens;” their wise men. — Fr. confessed that slaves should be used like hired servants. The exception, which immediately follows, does not seem very consistent, for, if the slave should die after some time, the penalty of murder is remitted; whereas it would often be preferable to die at once of a single wound, than to perish by a lingering illness; and it might happen that the slave should be so bruised and maimed by blows, as to die some time afterwards. In this ease, the cruelty of the master would be surely greater than if he had committed the murder under the impulse of burning anger: wherefore the enactment appears to be a very unjust one. But it must be remarked, that the murder of those slaves, who had been obliged to take to their bed from their wounds, was not unpunished. Whence we gather, that it was not allowable for cruel and truculent masters to wound their slaves severely; and this is what the words expressly imply, for the smiter is only exempted from punishment when he shall have so restrained himself as that the marks of his cruelty should not appear. For that the slaves should “stand for one or two days,” A. V., “continue for a day or two.” Ainsworth, in loco: “Heb., stand, which the Greek translateth live.” is equivalent to saying, that they were perfect and sound in all their members; but if a wound had been inflicted, or there was any mutilation, the smiter was guilty of murder. None, therefore, is absolved but he who only meant to chastise his slave; and where no injury appears, it is probable that there was no intention to kill him. Whilst, then, this law prohibits bloodthirsty assaults, it by no means gives greater license to murder. The reason, which is added, must be restricted to the private loss; because a murderer would never be absolved on the pretext that he had purchased his slave with money, since the life of a man cannot be so estimated.

22. If men strive, and hurt a woman. This passage at first sight is ambiguous, for if the word death It will be seen that the word אסון in the text is translated by C., mors; in A V., mischief. “The Chaldee expounds it, (says Ainsworth,) no death; but it implieth less also than death, as the words following manifest. The Greek refers it to the child; translating, if it be not figured, (ἐξεικονισμένον,) i e., have not the shape and proportion.” only applies to the pregnant woman, it would not have been a capital crime to put an end to the foetus, which would be a great absurdity; for the foetus, though enclosed in the womb of its mother, is already a human being, (homo,) and it is almost a monstrous crime to rob it of the life which it has not yet begun to enjoy. If it seems more horrible to kill a man in his own house than in a field, because a man’s house is his place of most secure refuge, it ought surely to be deemed more atrocious to destroy a foetus in the womb before it has come to light. On these grounds I am led to conclude, without hesitation, that the words, “if death should follow,” must be applied to the foetus as well as to the mother. Besides, it would be by no means reasonable that a father should sell for a set sum the life of his son or daughter. Wherefore this, in my opinion, is the meaning of the law, that it would be a crime punishable with death, not only when the mother died from the effects of the abortion, but also if the infant should be killed; whether it should die from the wound abortively, or soon after its birth. But, since it could not fail but that premature confinement would weaken both the mother and her offspring, the husband is allowed to demand before the judges a money-payment, at their discretion, in compensation for his loss; for although God’s command is only that the money should be paid before the judges, The word determine is added by our translators. Ainsworth’s literal rendering is, “and he shall give by the judges.” still He thus appoints them to settle the amount as arbitrators, if the husband should chance to be too exorbitant. We plainly perceive, by the repetition of the lex talionis, that a just proportion is to be observed, and that the amount of punishment is to be equally regulated, whether as to a tooth, or an eye, or life itself, so that the compensation should correspond with the injury done; and therefore (what is first said of the life Added from Fr. ) is correctly applied also to the several parts, so that he who has plucked out his brother’s eye, or cut off his hand, or broken his leg, should lose his own eye, or hand, or leg. In fine, for the purpose of preventing all violence, a compensation is to be paid in proportion to the injury. But although God commands punishment to be inflicted on the guilty, still, if a man be injured, he ought not to seek for vengeance; for God does not contradict Himself, who so often exhorts His children not only to endure injuries patiently, but even to overcome evil with good. The murderer is to be punished, or he who has maimed a member of his brother; but it is not therefore lawful, if you have unjustly suffered violence, to indulge in wrath or hatred, so as to render evil for evil. Since this error was rife among the Jews, our Lord refutes it, and teaches that the punishment, which is publicly awarded to the wrong-doer, is not subservient to every man’s private passion, so that he who is offended should make haste to retaliate. (Matthew 5:38.) Nor indeed are these words addressed to them in order to inflame or excite the desire of vengeance, but all violence is restrained by the fear of punishment.

26. And if a man smite the eye. Since, in the sight of God, there is neither slave nor free-man, it is clear that he sins as greatly who smites a slave, as if he had struck a free-man. Still, a distinction is made as regards the civil law and human justice, especially if any one have inflicted a wound on his own slave. For here a tooth for a tooth, or an eye for an eye, is not required, but the superiority, which he has improperly abused, is taken from the master; and in compensation for the injury, liberty, which is almost half their life, is given to the male or female slave. Thus, in consideration that it was his slave, t. he master is treated more leniently, when the severity of the punishment is thus mitigated; whilst, in compensation for his dislocation or fracture, the slave receives what is more advantageous to him, viz., that, being set free, he should not be exposed to another’s cruelty.

28. If an ox gore a man. Moses now descends even to the brute animals, so that, if they injured any one, by their punishment men may be more and more deterred from shedding blood. If, therefore, a goring ox have killed a man, he commands that it should be stoned, and that its carcass should be thrown away as abominable. Though censorious persons mock at this law, as if it were childish to punish a wretched animal, in which there is no criminality, their insolence requires but a brief refutation. For, since oxen were created for man’s good, so we need not wonder that their death, as well as their life, should be made to contribute to the public advantage. If, then, an ox that had killed a, man should be kept, men would undoubtedly grow hardened in cruelty by beholding it; and to eat its flesh, would be almost the same thing as eating the flesh of man. The cruelty of men, therefore, could not better be restrained, so that they should hold the murder of each other in abhorrence, than by thus avenging a man’s death. In the second place, God proceeds further, condemning the master of the ox himself to death, if he had been previously admonished to beware; for such a warning takes away the pretext of ignorance; nor should the punishment seem to be severe for gross neglect, because to give free outlet to dangerous beasts is equivalent to compassing men’s death. He who knowingly and willfully exposes the life of his brother to peril, is justly accounted his murderer. The exception which is finally added, at first sight contains a kind of contradiction, because it was forbidden by the Law to compound with a murderer for money. But inasmuch as a delinquency (delictum) differs from a crime, although it was unlawful to covenant with murderers for the remission of their punishment, still the judges were permitted on their hearing of the case, to mitigate it, if a man were excused by his unconsciousness or inadvertency. This, then, is a special exception, which permits the judges to distinguish between the nature of offenses; viz., that, if they discovered a man not to be worthy of death, they should still punish his negligence by a pecuniary fine.

31. Whether he have gored a son. I know not whether they are correct who refer this to age, as if any young persons of either sex were meant by the words son and daughter; but I do not reject this opinion. Still Moses seems to extend the law, as if, in case a butting ox had killed its owner’s son, the father himself should be subject to the punishment, for not having taken more care of his children. It might, however, be doubted, whether it would be just to condemn to death a father already weighed down by the loss of his child; still it affords a useful example, that parents should not escape with impunity, if their sons or daughters should die by their fault.

32. If the ox shall push a man-servant. It is not unreasonable that the punishment for the death of a slave should now be set at less than for that of a free-man. As regarded the crime of voluntary murder, there was no distinction between slaves and masters; but in a case of mischance (delicto) the severity might in some degree be mitigated; especially when the stoning of the ox sufficiently availed for bringing murder into detestation. God, therefore, showed admirable moderation in condemning the negligence of the master to be punished by the payment of thirty shekels; whilst He proposed the ox as an example, and reminded all by its death, how very precious in His sight is human blood.

Deuteronomy 17

Deuteronomy 17:6

6. At the mouth of two witnesses, or three witnesses, shall he that is worthy of death be put to death; but at the mouth of one witness he shall not be put to death.

6. In ore duorum vel trium testium interficietur qui moriturus est, non interficietur in ore unius testis.

Deuteronomy 19

Deuteronomy 19:15

15. One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.

15. Non stabit testis unus contra quenquam in quacunque iniquitate, et in quoeunque peccato quod peccaverit: in ore duorum testium vel in ore trium testium stabit verbum.

33. And if a man shall open a pit He enumerates still more cases of damage inflicted, in which restitution is to be demanded of the person who gave occasion for the occurrence. First, it is said, If a man shall open a pit, or cistern, and not cover it, and an animal shall fall into it, he is bound to pay its value; and justly, since his carelessness approaches to actual guilt. Here, again, we see how God would have all men to be anxious for their neighbor’s advantage; yet, inasmuch as there was no fraud or malice in the case, he is permitted, after paying its price, to appropriate the carcass to himself. But, if one man’s ox should be killed by another’s, a most just appointment is made, viz., that, if it happened unexpectedly, and by sudden accident, they should divide the dead ox between them, and, having sold the other, each should take half the price; but if the ox was a savage one, that its owner should undergo a greater penalty by paying its full price; because he ought to have anticipated the mischief, and thus was scarcely so kind as he should have been, giving occasion to the injury.

Deuteronomy 23

Deuteronomy 23:24, 25

24. When thou comest into thy neighbor’s vineyard, then thou mayest eat grapes thy fill at thine own pleasure; but thou shalt not put any in thy vessel.

24. Quum ingressus fueris vineam proximi tui, comedes uvas pro desiderio tuo ad satietatem tuam: at in vase tuo non pones.

25. When thou comest into the standing corn of thy neighbor, then thou mayest pluck the ears with thine hand; but thou shalt not move a sickle unto thy neighbor’s standing corn.

25. Quum ingressus fueris segetem proximi tui, decerpes spicas manu tua: at falcem non attolles in segetem proximi tui.

CHAPTER 21

Ex 21:1-6. Laws for Menservants.

1. judgments--rules for regulating the procedure of judges and magistrates in the decision of cases and the trial of criminals. The government of the Israelites being a theocracy, those public authorities were the servants of the Divine Sovereign, and subject to His direction. Most of these laws here noticed were primitive usages, founded on principles of natural equity, and incorporated, with modifications and improvements, in the Mosaic code.

2-6. If thou buy an Hebrew servant--Every Israelite was free-born; but slavery was permitted under certain restrictions. An Hebrew might be made a slave through poverty, debt, or crime; but at the end of six years he was entitled to freedom, and his wife, if she had voluntarily shared his state of bondage, also obtained release. Should he, however, have married a female slave, she and the children, after the husband's liberation, remained the master's property; and if, through attachment to his family, the Hebrew chose to forfeit his privilege and abide as he was, a formal process was gone through in a public court, and a brand of servitude stamped on his ear (Psa 40:6) for life, or at least till the Jubilee (De 15:17).

Ex 21:7-36. Laws for Maidservants.

7-11. if a man sell his daughter--Hebrew girls might be redeemed for a reasonable sum. But in the event of her parents or friends being unable to pay the redemption money, her owner was not at liberty to sell her elsewhere. Should she have been betrothed to him or his son, and either change their minds, a maintenance must be provided for her suitable to her condition as his intended wife, or her freedom instantly granted.

23-25. eye for eye--The law which authorized retaliation (a principle acted upon by all primitive people) was a civil one. It was given to regulate the procedure of the public magistrate in determining the amount of compensation in every case of injury, but did not encourage feelings of private revenge. The later Jews, however, mistook it for a moral precept, and were corrected by our Lord (Mt 5:38-42).

28-36. If an ox gore a man or a woman, that they die--For the purpose of sanctifying human blood, and representing all injuries affecting life in a serious light, an animal that occasioned death was to be killed or suffer punishment proportioned to the degree of damage it had caused. Punishments are still inflicted on this principle in Persia and other countries of the East; and among a rude people greater effect is thus produced in inspiring caution, and making them keep noxious animals under restraint, than a penalty imposed on the owners.

Now these are the judgments - There is so much good sense, feeling, humanity, equity, and justice in the following laws, that they cannot but be admired by every intelligent reader; and they are so very plain as to require very little comment. The laws in this chapter are termed political, those in the succeeding chapter judicial, laws; and are supposed to have been delivered to Moses alone, in consequence of the request of the people, Exo 20:19, that God should communicate his will to Moses, and that Moses should, as mediator, convey it to them.

If thou buy a Hebrew servant - Calmet enumerates six different ways in which a Hebrew might lose his liberty:

1. In extreme poverty they might sell their liberty. Lev 25:39 : If thy brother be waxen poor, and be sold unto thee, etc.

2. A father might sell his children. If a man sell his daughter to be a maidservant; see Exo 21:7.

3. Insolvent debtors became the slaves of their creditors. My husband is dead - and the creditor is come to take unto him my two sons to be bondmen, 2Kgs 4:1.

4. A thief, if he had not money to pay the fine laid on him by the law, was to be sold for his profit whom he had robbed. If he have nothing, then he shall be sold for his theft; Exo 22:3, Exo 22:4.

5. A Hebrew was liable to be taken prisoner in war, and so sold for a slave.

6. A Hebrew slave who had been ransomed from a Gentile by a Hebrew might be sold by him who ransomed him, to one of his own nation.

Six years he shall serve - It was an excellent provision in these laws, that no man could finally injure himself by any rash, foolish, or precipitate act. No man could make himself a servant or slave for more than seven years; and if he mortgaged the family inheritance, it must return to the family at the jubilee, which returned every fiftieth year.

It is supposed that the term six years is to be understood as referring to the sabbatical years; for let a man come into servitude at whatever part of the interim between two sabbatical years, he could not be detained in bondage beyond a sabbatical year; so that if he fell into bondage the third year after a sabbatical year, he had but three years to serve; if the fifth, but one. See Clarke's note on Exo 23:11, etc. Others suppose that this privilege belonged only to the year of jubilee, beyond which no man could be detained in bondage, though he had been sold only one year before.

If he came in by himself - If he and his wife came in together, they were to go out together: in all respects as he entered, so should he go out. This consideration seems to have induced St. Jerome to translate the passage thus: Cum quali veste intraverat, cum tali exeat. "He shall have the same coat in going out, as he had when he came in," i.e., if he came in with a new one, he shall go out with a new one, which was perfectly just, as the former coat must have been worn out in his master's service, and not his own.

The wife and her children shall be her master's - It was a law among the Hebrews, that if a Hebrew had children by a Canannitish woman, those children must be considered as Canaanitish only, and might be sold and bought, and serve for ever. The law here refers to such a case only.

Shall bring him unto the judges - אל האלהים el haelohim, literally, to God; or, as the Septuagint have it, προς το κριτηριον Θεου, to the judgment of God; who condescended to dwell among his people; who determined all their differences till he had given them laws for all cases, and who, by his omniscience, brought to light the hidden things of dishonesty. See Exo 22:8.

Bore his ear through with an awl - This was a ceremony sufficiently significant, as it implied,

1. That he was closely attached to that house and family.

2. That he was bound to hear all his master's orders, and to obey them punctually. Boring of the ear was an ancient custom in the east. It is referred to by Juvenal: -

Prior, inquit, ego adsum.

Cur timeam, dubitemve locum defendere? Quamvis

Natus ad Euphraten, Molles quod in Aure Fenestrae

Arguerint, licet ipse negem.

Sat. i. 102. "First come, first served, he cries; and I, in spite

Of your great lordships, will maintain my right:

Though born a slave, though my torn Ears are Bored, 'Tis not the birth, 'tis money makes the lord."

Dryden.

Calmet quotes a saying from Petronius as attesting the same thing; and one from Cicero, in which he rallies a Libyan who pretended he did not hear him: "It is not," said he, "because your ears are not sufficiently bored;" alluding to his having been a slave.

If a man sell his daughter - This the Jews allowed no man to do but in extreme distress - when he had no goods, either movable or immovable left, even to the clothes on his back; and he had this permission only while she was unmarriageable. It may appear at first view strange that such a law should have been given; but let it be remembered, that this servitude could extend, at the utmost, only to six years; and that it was nearly the same as in some cases of apprenticeship among us, where the parents bind the child for seven years, and have from the master so much per week during that period.

Betrothed her unto his son, he shall deal with her - He shall give her the same dowry he would give to one of his own daughters. From these laws we learn, that if a man's son married his servant, by his father's consent, the father was obliged to treat her in every respect as a daughter; and if the son married another woman, as it appears he might do, Exo 21:10, he was obliged to make no abatement in the privileges of the first wife, either in her food, raiment, or duty of marriage. The word ענתה onathah, here, is the same with St. Paul's οφειλομενην ευνοιαν, the marriage debt, and with the ὁμιλιαν of the Septuagint, which signifies the cohabitation of man and wife.

These three -

1. Her food, שארה sheerah, her flesh, for she must not, like a common slave, be fed merely on vegetables.

2. Her raiment - her private wardrobe, with all occasional necessary additions. And,

3. The marriage debt - a due proportion of the husband's time and company.

I will appoint thee a place whither he shall flee - From the earliest times the nearest akin had a right to revenge the murder of his relation, and as this right was universally acknowledged, no law was ever made on the subject; but as this might be abused, and a person who had killed another accidentally, having had no previous malice against him, might be put to death by the avenger of blood, as the nearest kinsman was termed, therefore God provided the cities of refuge to which the accidental manslayer might flee till the affair was inquired into, and settled by the civil magistrate.

Thou shalt take him from mine altar - Before the cities of refuge were assigned, the altar of God was the common asylum.

That smiteth his father, or his mother - As such a case argued peculiar depravity, therefore no mercy was to be shown to the culprit.

He that stealeth a man - By this law every man-stealer, and every receiver of the stolen person, should lose his life; no matter whether the latter stole the man himself, or gave money to a slave captain or negro-dealer to steal him for him.

Shall pay for the loss of his time, and shall cause him to be thoroughly healed - This was a wise and excellent institution, and most courts of justice still regulate their decisions on such cases by this Mosaic precept.

If the slave who had been beaten by his master died under his hand, the master was punished with death - see Gen 9:5, Gen 9:6. But if he survived the beating a day or two the master was not punished, because it might be presumed that the man died through some other cause. And all penal laws should be construed as favourably as possible to the accused.

And hurt a woman with child - As a posterity among the Jews was among the peculiar promises of their covenant, and as every man had some reason to think that the Messiah should spring from his family, therefore any injury done to a woman with child, by which the fruit of her womb might be destroyed, was considered a very heavy offense; and as the crime was committed principally against the husband, the degree of punishment was left to his discretion. But if mischief followed, that is, if the child had been fully formed, and was killed by this means, or the woman lost her life in consequence, then the punishment was as in other cases of murder - the person was put to death; Exo 21:23.

Eye for eye - This is the earliest account we have of the lex talionis, or law of like for like, which afterwards prevailed among the Greeks and Romans. Among the latter, it constituted a part of the twelve tables, so famous in antiquity; but the punishment was afterwards changed to a pecuniary fine, to be levied at the discretion of the praetor. It prevails less or more in most civilized countries, and is fully acted upon in the canon law, in reference to all calumniators: Calumniator, si in accusatione defecerit, talionem recipiat. "If the calumniator fall in the proof of his accusation, let him suffer the same punishment which he wished to have inflicted upon the man whom he falsely accused." Nothing, however, of this kind was left to private revenge; the magistrate awarded the punishment when the fact was proved, otherwise the lex talionis would have utterly destroyed the peace of society, and have sown the seeds of hatred, revenge, and all uncharitableness.

If a man smite the eye, etc. - See the following verse.

If he smite out his - tooth - It was a noble law that obliged the unmerciful slaveholder to set the slave at liberty whose eye or tooth he had knocked out. If this did not teach them humanity, it taught them caution, as one rash blow might have deprived them of all right to the future services of the slave; and thus self-interest obliged them to be cautious and circumspect.

If an ox gore a man - It is more likely that a bull is here intended, as the word signifies both, see Exo 22:1; and the Septuagint translate the שור shor of the original by ταυρος, a bull. Mischief of this kind was provided against by most nations. It appears that the Romans twisted hay about the horns of their dangerous cattle, that people seeing it might shun them; hence that saying of Horace. Sat., lib. i., sat. 4, ver. 34: Faenum habet in cornu, longe fuge. "He has hay on his horns; fly for life!" The laws of the twelve tables ordered, That the owner of the beast should pay for what damages he committed, or deliver him to the person injured. See Clarke's note on Exo 22:1.

His flesh shall not be eaten - This served to keep up a due detestation of murder, whether committed by man or beast; and at the same time punished the man as far as possible, by the total loss of the beast.

If there be laid on him a sum of money - the ransom of his life - So it appears that, though by the law he forfeited his life, yet this might be commuted for a pecuniary mulct, at which the life of the deceased might be valued by the magistrates.

Thirty shekels - Each worth about three shillings English; see Gen 20:16; Gen 23:15. So, counting the shekel at its utmost value, the life of a slave was valued at four pounds ten shillings. And at this price these same vile people valued the life of our blessed Lord; see Zac 11:12, Zac 11:13; Mat 26:15. And in return, the justice of God has ordered it so, that they have been sold for slaves into every country of the universe. And yet, strange to tell, they see not the hand of God in so visible a retribution!

And if a man shall open a pit, or - dig a pit - That is, if a man shall open a well or cistern that had been before closed up, or dig a new one; for these two cases are plainly intimated: and if he did this in some public place where there was danger that men or cattle might fall into it; for a man might do as he pleased in his own grounds, as those were his private right. In the above case, if he had neglected to cover the pit, and his neighbor's ox or ass was killed by falling into it, he was to pay its value in money. Exo 21:33 and Exo 21:34 seem to be out of their places. They probably should conclude the chapters, as, where they are, they interrupt the statutes concerning the goring ox, which begin at Exo 21:28.

These different regulations are as remarkable for their justice and prudence as for their humanity. Their great tendency is to show the valuableness of human life, and the necessity of having peace and good understanding in every neighborhood; and they possess that quality which should be the object of all good and wholesome laws - the prevention of crimes. Most criminal codes of jurisprudence seem more intent on the punishment of crimes than on preventing the commission of them. The law of God always teaches and warns, that his creatures may not fall into condemnation; for judgment is his strange work, i.e., one reluctantly and seldom executed, as this text is frequently understood.

The first verse is the general title of the laws contained in this and the two following chapters. Their government being purely a theocracy; that which in other states is to be settled by human prudence, was directed among them by a divine appointment. These laws are called judgments; because their magistrates were to give judgment according to them. In the doubtful cases that had hitherto occurred, Moses had particularly enquired of God, but now God gave him statutes in general, by which to determine particular cases. He begins with the laws concerning servants, commanding mercy and moderation towards them. The Israelites had lately been servants themselves, and now they were become not only their own matters, but masters of servants too; lest they should abuse their servants as they themselves had been abused, provision was made for the mild and gentle usage of servants.

If thou buy an Hebrew servant - Either sold by him or his parents through poverty, or by the judges for his crimes, yet even such a one was to continue in slavery but seven years at the most.

For ever - As long as he lives, or till the year of Jubilee.

Who hath betrothed her to himself - For a concubine, or secondary Wife. Not that Masters always took Maid - servants on these terms.

After the manner of daughters - He shall give her a portion, as to a daughter.

Direction is given what should be done, if a servant died by his master's correction. This servant must not be an Israelite, but a Gentile slave, as the Negroes to our planters; and it is supposed that he smite him with a rod, and not with any thing that was likely to give a mortal wound, yet if he died under his hand, he should be punished for his cruelty, at the discretion of the judges, upon consideration of circumstances.

Eye for eye - The execution of this law is not put into the hands of private persons, as if every man might avenge himself, which would introduce universal confusion. The tradition of the elders seems to have put this corrupt gloss upon it. But magistrates had an eye to this rule in punishing offenders, and doing right to those that are injured.

1 NOW these are the Judgments , which thou shalt set before them.

[illegible: 1 word], the judicial Laws, by which thou and the Judges before mentioned shall govern thy self and the people in civil and criminal causes.

Marginal references: chap. 24. 3, 4.

2 If thou buy an Hebrew servant , six years he shall serve: and in the seventh year he shall go out free for nothing.

Of which practise see Ier. 34. 14. This was allowed in two cases: 1. when a man for his crimes was condemned by the Judges to be sold. Of which see Exod. 22. 3. 2 King. 4. 1. Mat. 18. 25. 2. when a man pressed by great poverty, sold himself or his children: Of which see Lev. 25. 39, 40.

Which is to be numbred, either 1. from the last Sabbatical year or year of release, which came every seventh year: and then the sence of the place is, not that he shall always serve six full years, but that he shall never serve longer, and that his service shall last onely till that year comes. Or rather 2. from the beginning of his service; for 1. it were a very improper speech to say be shall serve six years, of one who possibly entred into his service but a month before the year of release. 2. In the law of the Sabbatical year there is no mention of the release of servants, as there is of other things, Lev. 25. Deut. 15. and in the year of Iubilee, when servants are to be released, it is expressed so, as Lev. 25. 54, 55.

Marginal references: Deut. 15. 12.

3 If he came in by himself , he shall go out by himself: if he were married, then his wife shall go out with him.

(i. e.) With his own person onely, not with a wife, as the opposite branch sheweth.

Marginal references: Heb. with his [illegible: 1+ letters]dy.

4 If his master have given him a wife, and she have born him sons or daughters: the wife and her children shall be her masters , and he shall go out by himself .

That being a true rule and approved both by Scripture and by heathen Authors, that the birth follows the belly, Gen. 21. 10. Gal. 4. 24, 25. and he that owns the tree hath right to all its fruit.

Quest. How was this separation of man and wife agreeable with the first institution of marriage, by which that bond is made indissoluble? Ans. 1. That bond was not necessarily dissolved by this law, both because the separation was at the mans choice, who might have stayed there, if he so pleased; and because the distinction of their habitations might consist with the right and use of matrimony, which the master also would probably permit for his own advantage. Ans. 2. God might here, as well as in the case of divorces, dispense with his own laws and institutions, especially in this case, where he might design this for a punishment to the man for marrying a stranger; which was not pleasing to God, as appears from Deut. 21. 11. Ezra 10. 2. Neh. 13. 23. And that this woman was a stranger and not an Hebrewess is manifest because then she also must have gone out free, ver. 7, 8, 9. and Deut. 15. 12.

6 Then his master shall bring him unto the Judges , he shall also bring him to the door , or unto the door-post, and his master shall bore his ear through with an awl , and he shall serve him for ever .

Partly that it may appear he chuseth this freely and is not overawed nor over-reached by his master and partly that the agreement being so publickly and solemnly confirmed might be irrevocable.

To wit, of his masters house, as it is expressed, Deut. 15. 17. A token that he was fixed there and never to go a freeman out of these doors.

As a note of a servant, as it continued to be long after this in Syria and Arabia, as Iuvenal and Petronius Arbiter affirm: And it did fitly represent his settled and perpetual obligation to abide in that house, and there to hear and obey his masters commands. See Psal. 40. 6.

(i. e.) Not onely for six years more, but without any limitation of time, as long as he lives, untill the Iubilee, which is an exception made by God to this law, Lev. 25. 40. Deut. 15. 17. The Hebrew word, olam, here used oft signifies not eternity, but onely a long time. See Exod. 12. 14.

7 And if a man sell his daughter to be a maid-servant , she shall not go out as the menservants do .

(i. e.) An Hebrew, as appears by the opposition of one of a strange nation, ver. 8.

Which was allowed in case of extreme necessity, because of the hardness of their hearts.

But upon better terms, as being one of the weaker and more helpless Sex. Quest. How doth this agree with Deut. 15. 17. also unto thy maid-servant thou shalt do likewise? Answ. 1. Distinguish persons. She Deut. 15. was sold by her self and that to meer servitude: this here was sold by her father, not onely for service, but in order to her marriage, as the following verses sufficiently imply. 2. Distinguish things. The likeness between men-servants and maidservants was onely in the rites used in case she consented to perpetual servitude: the difference here is in case they both were made free in which case she had some priviledges, which here follow.

8 If she please not her master who hath betrothed her to himself , then shall he let her be redeemed : to sell her unto a strange nation he shall have no power , feeing he hath dealt deceitfully with her .

For a con[illegible: 1+ letters]ubine or secondary wife. Not that masters did always take maid-servants upon these terms, as some conceive, but that some did so, and of them this place speaks. Though here is a differing reading, and as the margent hath lo the pronoun signifying, to him, so the text hath lo the adverb signifying not, and so the text may be translated thus, so that he doth not betroth her, to wit, to himself, or to his son, as he gave her hopes he intended. Either reading or sence is proper and probable.

Either by her self or friends or any other person that will redeem her. Quest. How could he part with her and sell her, when she was betrothed to him? Ans. 1. This might be one of those many indulgences given to them for the hardness of their hearts: and there is no doubt God could dispense with his own positive laws. 2. The latter reading avoids this difficulty.

This was in general prohibited for all Hebrew servants; but it is particularly mentioned here, because there was special reason for it, both because there was more danger of her corruption in chastity and religion in regard of her Sex, and because the master in that case was under a greater temptation of selling her to a forreigner, because no Israelite would buy her or give so much mony for her as an heathen would who would and might keep her for a perpetual servant which the Israelites might not do.

viz. In breaking his promise of marriage made to her, or blasting the hopes he encouraged her to have of it. The Hebrew words are exactly rendred thus, in dealing deceitfully or falsly with her or against her, and they may be added as an aggravation of that sin of selling her to a strange nation, wherein there was a double false-dealing, the one towards God who by his law forbad this, the other towards her, whom he hired upon other terms and not with a power to dispose of her contrary to the law and manner of the Israelites.

Marginal references: Heb. be evil in the eyes of, &c.

9 And if he have betrothed her unto his son, he shall deal with her after the manner of daughters .

(i. e.) Give her a convenient portion, as he doth to his own daughters, chap. 22. 16.

10 If he take him another wife, her food, he[illegible: 1+ letters]aiment▪ and her duty of marriage shall he not diminish .

Called due benevolence, 1 Cor. 7. 3. Or, her dwelling, as the word is oft used. So here are the three great conveniencies of fife, food and raiment and habitation, all which he is to provide for her: or, her cohabitation, or, her time, the convenient and appointed times for conjugal converse with her: for some times were disallowed for it, Lev. 15. and when there were plurality of wives, they had their vicissitudes, Gen. 30. 15▪ 16.

Or rather, not withdraw, or deny it, as the word signifies, and as the LXX. Chaldee, Samaritan, Vulgar, and others render it.

11 And if he do not these three unto her, then shall she go out free without money.

And with gifts also by vertue of the law Deut. 15. 14. The summe is this, The master was either 1. willing to part with her, and then he was to let her be redeemed by her self or any of her friends, but not by an heathen, ver. 8. or 2. willing to keep her, and then as he had betrothed her, he was to perform all the duties of an husband to her, although he had another wife besides her, ver. 10. if he would keep her and yet deny those duties to her, then as his fault was aggravated, so was his punishment, for now he cannot sell her, but must let her go freely, in this verse.

12 He that smiteth a man so that he die, shall be surely put to death .

Knowingly and wilfully, as appears by the next verse.

Neither the friends of the party stain, nor the Magistrate shall give him a pardon or accept a ransom for him, Numb. 35. 31.

Marginal references: Gen. 9. 6. Lev. 24. 17.

13 And if a man lie not in wait , but God deliver him into his hand , then I will appoint thee a place whither he shall flee :

If it appear, that the manslayer did not intend nor desire it, but onely it fell out by his heedlesness, or by some casualty.

By some special unexpected providence: or, God and not man, God without the mans contrivance or design: for otherwise in a general sence and way God delivered Christ into the hands of Iudas and the Iews who did advisedly and maliciously kill him.

(i. e.) A city or place of refuge, Numb. 35. 11. Deut. 19. 5.

Marginal references: Deut. 19. 3. Josh. 20. 2.

14 But if a man come presumptuously upon his neighbour to slay him with guile, thou shalt take him from mine Altar , that he may die.

(i. e.) Do this proudly, boldly, purposely and malitiously; for so the word signifies.

Which not onely in the wilderness, but afterward, seems to have been esteemed a place of refuge, 1 King. 1. 50. as it also was among the Heathens: But God so far abhors murder, that he will rather venture the pollution of his own Altar than the escape of the murderer. See 2 King. 11. 15.

Marginal references: 1 Kin. 2. 28.

15 And he that smiteth his father, or his mother, shall be surely put to death.

Either 1. So as is before mentioned, ver. 12. so as they die. And to smite sometimes signifies to kill, as Gen. 4. 15. 2 King. 14. 5. compared with 2 Chron. 25. 3. And this may be here added by way of distinction, q. d. That killing of another man which is punished with death must be done presumptuously, but the killing of parents, though not done presumptuously, is a capital crime. Or 2. the meer smiting of them, to wit, wilfully, and dangerously. Nor will any think this law too severe that considers that this is an act full of horrid impiety against God, who hath so expresly and emphatically commanded children to honour their Parents, of highest and most unnatural ingratitude, and utterly destructive to humane Society.

16 And he that stealeth a man, and selleth him, or if he be found in his hand , he shall surely be put to death.

(i. e.) In the man-stealers hand: q. d. though he keep him in his own hands for his own use: for still it is a theft, and he is made that mans slave, and it is in his power to sell him to another when he pleaseth, and therefore deserves death.

17 And he that curseth his father or his mother, shall surely be put to death.

Or, revileth, to wit, wilfully, malitiously, obstinately against all admonition, by comparing Deut. 21. 18.

Marginal references: Lev. 20. 9. Prov. 20. 20. Mat. 15. 4. Mar. 7. 10.; Or, revileth.

18 And if men strive together, and one smite another with a stone , or with his fist, and he die not, but keep his bed:

Or any other instrument fit for such a mischievous purpose. An usual Synecdoche.

Marginal references: Or, his neighbour.

19 If he arise again, and walk abroad upon his staff, then shall he that smote him, be quit: only he shall pay for the loss of his time , and shall cause him to be throughly healed .

(i. e.) Of the profit which he could or commonly did make of his time in the way of his calling.

(i. e.) Pay the charges of the cure.

Marginal references: Heb. ceasing.

20 And if a man smite his servant or his maid, with a rod , and he die under his hand , he shall be surely punished :

Namely a stranger: for an Israelite was to be better used: See Lev. 25. 39, 40. &c.

A fit and usual instrument for correction whereby it is implyed, that if he kill'd him with a sword or any such weapon, he was to die for it.

(i. e.) Whilest the master is correcting him.

Not with death, for then it would have been said so, as it is before and after, but as the Magistrate or Judge shall think fit, according to the diversity of circumstances; and therefore no particular punishment is set down.

Marginal references: Heb. avenged.

21 Notwithstanding, if he continue a day or two, he shall not be punished, for he is his money .

(i. e.) His possession bought with his mony; and therefore, 1. had a power to chastise him according to his demerit, which might be very great. 2. is sufficiently punished with his own loss: 3. may be presumed not to have done this purposely and maliciously.

22 If men strive and hurt a woman with child , so that her fruit depart from her, and yet no mischief follow , he shall be surely punished, according as the womans husband will lay upon him, and he shall pay as the Judges determine .

To wit, the wife of the other person, who interposed her self to succour her husband.

Neither to the woman, nor child: for it is generally expressed so as to reach both, in case the abortive had life in it.

The husband shall impose the fine, and, if it be unreasonable, the Judges shall have a power to moderate it.

23 And if any mischief follow, then thou shalt give life for life,

Either to the mother or to the child, whether it be death, or any maime or mischief.

Who? Ans. Not the private person, which would have introduced infinite mischiefs and confusions, but the Magistrate: for these laws are given to Moses, and the execution of these things was committed to Moses, and others under him.

24 Eye for eye , tooth for tooth, hand for hand, foot for foot,

This is called the law of retaliation, and from hence the heathen Lawgivers took it and put it into their laws. But though this might sometimes be practised in the letter, yet it was not necessarily to be understood and executed so, as may appear, 1. by the impossibility of the just execution of it in many cases, as when a man that had but one eye or hand was to lose the other, which to him was a far greater mischief then what he did to his neighbour, whom he deprived but of one of his eyes or hands: And this is a sure and righteous rule, Punishments may be less, but never should be greater, than the fault. And how could a wound be made neither bigger nor less than that which he inflicted? 2. by comparing this with other laws, wherein a compensation is allowed in like cases, as ver. 18, 30. And when it is enjoyned, that no satisfaction shall be taken for the life of a wilful murderer, Numb. 35. 31. it seems therein implyed, that satisfaction may be taken for lesser injuries. And indeed the payment of such a price, as the loss of an eye or hand or foot required, though it might not so much satisfy the revenge of the party so injured, yet it was really more to his benefit. This Law therefore was onely minatory, but so as it was literally to be inflicted, except the injuring party would give such satisfaction as the injured person accepted or the Judges determined.

Marginal references: Lev. 24. 2[illegible: 1+ letters]. Deut. 19. 21. Mat. [illegible: 1+ letters]. 38.

26 And if a man smite the eye of his servant , or the eye of his maid, that it perish, he shall let them go free for his eyes sake.

Which some confine to the Israelitish servants, but the text doth not so limit it, and the reason of the law seems to reach to Gentile-servants, this being a just punishment to unmerciful masters, (who ought to be merciful to their beasts much more to such servants) and a fit recompence to a servant for such a loss. And this law reacheth the loss of any other member, these two being instanced in, the one as the chief, and the other as the meanest, to intimate that other parts of a like or middle nature are included.

28 If an oxe gore a man or a woman that they die, then the oxe shall be surely stoned , and his flesh shall not be eaten : but the owner of the oxe shall be quit.

Under which you are to understand any other creatures of like nature which hurt a man in such a dangerous manner, whether with their horns or teeth or feet, but he mentions onely the oxe or bull and his goring with his horn, because this is most frequently done.

Partly to prevent future mischiefs from that creature: partly to punish its master for his negligence in not keeping it in: and principally, for mans admonition, for whom seeing the beasts were made, it is not strange nor unjust if it be destroyed for mans good, God would hereby shew, that he would not, and men should not, spare a wilful murderer.

Both because it was forbidden food, its blood being not let out, and for the punishment of the owner who was hereby hindred from the sale of it, to beget in all the greater detestation of murderers, when they observe the poor beast upon this account accursed and therefore not to be touched or tasted.

Marginal references: Gen. 9. 5.

29 But if the oxe were wont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman , the oxe shall be stoned, and his owner also shall be put to death.

Which the Iews say was to be done thrice, and before the Magistrate.

To wit, an Israelite, or a stranger who is free, by comparing this with ver. 32.

30 If there be laid on him a sum of money, then he shall give for the ransom of his life, whatsoever is laid upon him.

Either by the avenger of blood, the next a-kin to the party slain, who is willing to exchange the punishment; or by the Judge, who may discern some circumstances, which may much lessen the crime, as if an oxe had broken his cords wherewith he was tyed, or broke forth through the carelesness or wickedness of his servant to whose care he was committed.

Marginal references: Num. 35. 31.

31 Whether he have goared a son , or have goared a daughter , according to this judgment shall it be done unto him.

Names signifying their tender age, in respect of the man or woman, ver. 29. And this is added, lest the foregoing sence should be restrained to their parents, whose lives were more precious, and therefore their loss greater.

Names signifying their tender age, in respect of the man or woman, ver. 29. And this is added, lest the foregoing sence should be restrained to their parents, whose lives were more precious, and therefore their loss greater.

32 If the oxe shall push a man-servant, or a maid-servant, he shall give unto their master thirty shekels , and the oxe shall be stoned.

The half of the freemans price. See on Mat. 26. 15.

Marginal references: See Phil. 2. 7.

33 And if a man shall open a pit, or if a man shall dig a pit , and not cover it, and an oxe or an ass fall therein:

If a man shall either open an old pit, which hath been covered with earth, or dig a new pit, to wit, in a publick way, as the reason of the law shews; for if it were done in a mans own house or ground, there was no danger of such an accident, except the beast transgressed his bounds, and then the man was not culpable.

34 The owner of the pit shall make it good, and give money unto the owner of them, and the dead beast shall be his.

(i. e.) He by whose hand or command it was made.

Equal to the worth of the dead beast, in the opinion of the [illegible: 1+ letters]udge.

35 And if one mans oxe hurt another, that he die, then they shall sell the live oxe, and divide the money of it , and the dead oxe also they shall divide.

Not equally, for so the owner of the mischievous oxe might be gainer by the mischief, his oxe being much worse than that which was killed, but in such proportions as the Judges shall think fit considering the worth of the cattle, and the circumstances of the action.

36 Or if it be known that the oxe hath used to push in time past, and his owner hath not kept him in, he shall surely pay oxe for oxe , and the dead shall be his own.

An oxe of equal value with that slain oxe, or the price and worth of it.

The mishpatim (Exo 21:1) are not the “laws, which were to be in force and serve as rules of action,” as Knobel affirms, but the rights, by which the national life was formed into a civil commonwealth and the political order secured. These rights had reference first of all to the relation in which the individuals stood one towards another. The personal rights of dependants are placed at the head (Exo 21:2-11); and first those of slaves (Exo 21:2-6), which are still more minutely explained in Deu 15:12-18, where the observance of them is urged upon the hearts of the people on subjective grounds.

Exo 21:2

The Hebrew servant was to obtain his freedom without paying compensation, after six years of service. According to Deu 15:12, this rule applied to the Hebrew maid-servant as well. The predicate עברי limits the rule to Israelitish servants, in distinction from slaves of foreign extraction, to whom this law did not apply (cf. Deu 15:12, “thy brother”).Saalschütz is quite wrong in his supposition, that עברי relates not to Israelites, but to relations of the Israelites who had come over to them from their original native land. (See my Archδologie, §112, Note 2.)

An Israelite might buy his own countryman, either when he was sold by a court of justice on account of theft (Exo 22:1), or when he was poor and sold himself (Lev 25:39). The emancipation in the seventh year of service was intimately connected with the sabbatical year, though we are not to understand it as taking place in that particular year. “He shall go out free,” sc., from his master’s house, i.e., be set at liberty. חנּם: without compensation. In Deuteronomy the master is also commanded not to let him go out empty, but to load him (חעניק to put upon his neck) from his flock, his threshing-floor, and his wine-press (i.e., with corn and wine); that is to say, to give him as much as he could carry away with him. The motive for this command is drawn from their recollection of their own deliverance by Jehovah from the bondage of Egypt. And in Exo 21:18 an additional reason is supplied, to incline the heart of the master to this emancipation, viz., that “he has served thee for six years the double of a labourer’s wages,” - that is to say, “he has served and worked so much, that it would have cost twice as much, if it had been necessary to hire a labourer in his place” (Schultz), - and “Jehovah thy God hath blessed thee in all that thou doest,” sc., through his service.

Exo 21:3-6

There were three different circumstances possible, under which emancipation might take place. The servant might have been unmarried and continued so (בּגפּו: with his body, i.e., alone, single): in that case, of course, there was no one else to set at liberty. Or he might have brought a wife with him; and in that case his wife was to be set at liberty as well. Or his master might have given him a wife in his bondage, and she might have borne him children: in that case the wife and children were to continue the property of the master. This may appear oppressive, but it was an equitable consequence of the possession of property in slaves at all. At the same time, in order to modify the harshness of such a separation of husband and wife, the option was given to the servant to remain in his master’s service, provided he was willing to renounce his liberty for ever (Exo 21:5, Exo 21:6). This would very likely be the case as a general rule; for there were various legal arrangements, which are mentioned in other places, by which the lot of Hebrew slaves was greatly softened and placed almost on an equality with that of hired labourers (cf. Exo 23:12; Lev 25:6, Lev 25:39, Lev 25:43, Lev 25:53; Deu 12:18; Deu 16:11). In this case the master was to take his servant האלהים אל, lit., to God, i.e., according to the correct rendering of the lxx, πρὸς τὸ κριτήριον, to the place where judgment was given in the name of God (Deu 1:17; cf. Exo 22:7-8, and Deu 19:17), in order that he might make a declaration there that he gave up his liberty. His ear was then to be bored with an awl against the door or lintel of the house, and by this sign, which was customary in many of the nations of antiquity, to be fastened as it were to the house for ever. That this was the meaning of the piercing of the ear against the door of the house, is evident from the unusual expression in Deu 15:17, “and put (the awl) into his ear and into the door, that he may be thy servant for ever,” where the ear and the door are co-ordinates. “For ever,” i.e., as long as he lives. Josephus and the Rabbins would restrict the service to the time ending with the year of jubilee, but without sufficient reason, and contrary to the usage of the language, as לעלם is used in Lev 25:46 to denote service which did not terminate with the year of jubilee. (See the remarks on Lev 25:10; also my Archäologie.)

Exo 21:7-11

The daughter of an Israelite, who had been sold by her father as a maid-servant (לאמה), i.e., as the sequel shows, as a housekeeper and concubine, stood in a different relation to her master’s house. She was not to go out like the men-servants, i.e., not to be sent away as free at the end of six years of service; but the three following regulations, which are introduced by אם (Exo 21:8), ואם (Exo 21:9), and ואם (Exo 21:11), were to be observed with regard to her. In the first place (Exo 21:8), “if she please not her master, who hath betrothed her to himself, then shall he let her be redeemed.” The לא before יעדהּ is one of the fifteen cases in which לא has been marked in the Masoretic text as standing for לו; and it cannot possibly signify not in the passage before us. For if it were to be taken as a negative, “that he do not appoint her,” sc., as a concubine for himself, the pronoun לו would certainly not be omitted. הפדּהּ (for הפדּהּ, see Ges. §53, Note 6), to let her be redeemed, i.e., to allow another Israelite to buy her as a concubine; for there can hardly have been any thought of redemption on the part of the father, as it would no doubt be poverty alone that caused him to sell his daughter (Lev 25:39). But “to sell her unto a strange nation (i.e., to any one but a Hebrew), he shall have no power, if he acts unfaithfully towards her,” i.e., if he do not grant her the promised marriage. In the second place (Exo 21:9, Exo 21:10), “if he appoint her as his son’s wife, he shall act towards her according to the rights of daughters,” i.e., treat her as a daughter; “and if he take him (the son) another (wife), - whether because the son was no longer satisfied, or because the father gave the son another wife in addition to her - “her food (שׁאר flesh as the chief article of food, instead of לחם, bread, because the lawgiver had persons of property in his mind, who were in a position to keep concubines), her raiment, and her duty of marriage he shall not diminish,” i.e., the claims which she had as a daughter for support, and as his son’s wife for conjugal rights, were not to be neglected; he was not to allow his son, therefore, to put her away or treat her badly. With this explanation the difficulties connected with every other are avoided. For instance, if we refer the words of Exo 21:9 to the son, and understand them as meaning, “if the son should take another wife,” we introduce a change of subject without anything to indicate it. If, on the other hand, we regard them as meaning, “if the father (the purchaser) should take to himself another wife,” this ought to have come before Exo 21:9. In the third place (Exo 21:11), “if he do not (do not grant) these three unto her, she shall go out for nothing, without money.” “These three” are food, clothing, and conjugal rights, which are mentioned just before; not “si eam non desponderit sibi nec filio, nec redimi sit passus” (Rabbins and others), nor “if he did not give her to his son as a concubine, but diminished her,” as Knobel explains it.

Still higher than personal liberty, however, is life itself, the right of existence and personality; and the infliction of injury upon this was not only prohibited, but to be followed by punishment corresponding to the crime. The principle of retribution, jus talionis, which is the only one that embodies the idea of justice, lies at the foundation of these threats.

Exo 21:12-13

A death-blow was to be punished with death (cf. Gen 9:6; Lev 24:17). “He that smiteth a man and (so that) he die (whether on the spot or directly afterwards did not matter), he shall be put to death.” This general rule is still further defined by a distinction being drawn between accidental and intentional killing. “But whoever has not lain in wait (for another’s life), and God has caused it to come to his hand” (to kill the other); i.e., not only if he did not intend to kill him, but did not even cherish the intention of smiting him, or of doing him harm from hatred and enmity (Num 35:16-23; Deu 19:4-5), and therefore did so quite unawares, according to a dispensation of God, which is generally called an accident because it is above our comprehension. For such a man God would appoint places of refuge, where he should be protected against the avenger of blood. (On this point, see Num 35:9.).

Exo 21:14-17

“But he who acts presumptuously against his neighbour, to slay him with guile, thou shalt take him from Mine altar that he may die.” These words are not to be understood as meaning, that only intentional and treacherous killing was to be punished with death; but, without restricting the general rule in Exo 21:12, they are to be interpreted from their antithesis to Exo 21:13, as signifying that even the altar of Jehovah was not to protect a man who had committed intentional murder, and carried out his purpose with treachery. (More on this point at Num 35:16.) By this regulation, the idea, which was common to the Hebrews and many other nations, that the altar as God’s abode afforded protection to any life that was in danger from men, was brought back to the true measure of its validity, and the place of expiation for sins of weakness (cf. Lev 4:2; Lev 5:15, Lev 5:18; Num 15:27-31) was prevented from being abused by being made a place of refuge for criminals who were deserving of death. Maltreatment of a father and mother through striking (Exo 21:15), man-stealing (Exo 21:16), and cursing parents (Exo 21:17, cf. Lev 20:9), were all to be placed on a par with murder, and punished in the same way. By the “smiting” (הכּה) of parents we are not to understand smiting to death, for in that case ומת would be added as in Exo 21:12, but any kind of maltreatment. The murder of parents is not mentioned at all, as not likely to occur and hardly conceivable. The cursing (קלּל as in Gen 12:3) of parents is placed on a par with smiting, because it proceeds from the same disposition; and both were to be punished with death, because the majesty of God was violated in the persons of the parents (cf. Exo 20:12). Man-stealing was also no less a crime, being a sin against the dignity of man, and a violation of the image of God. For אישׁ “a man,” we find in Deu 24:7, נפשׁ “a soul,” by which both man and woman are intended, and the still more definite limitation, “of his brethren of the children of Israel.” The crime remained the same whether he had sold him (the stolen man), or whether he was still found in his hand. (For ו - ו as a sign of an alternative in the linking together of short sentences, see Pro 29:9, and Ewald, §361.) This is the rendering adopted by most of the earlier translators, and we get no intelligent sense if we divide the clauses thus: “and sell him so that he is found in his hand.”

Fatal blows and the crimes placed on a par with them are now followed in simple order by the laws relating to bodily injuries.

Exo 21:18-19

If in the course of a quarrel one man should hit another with a stone or with his fist, so that, although he did not die, he “lay upon his bed,” i.e., became bedridden; if the person struck should get up again and walk out with his staff, the other would be innocent, he should “only give him his sitting and have him cured,” i.e., compensate him for his loss of time and the cost of recovery. This certainly implies, on the one hand, that if the man died upon his bed, the injury was to be punished with death, according to Exo 21:12; and on the other hand, that if he died after getting up and going out, no further punishment was to be inflicted for the injury done.

Exo 21:20-21

The case was different with regard to a slave. The master had always the right to punish or “chasten” him with a stick (Pro 10:13; Pro 13:24); this right was involved in the paternal authority of the master over the servants in his possession. The law was therefore confined to the abuse of this authority in outbursts of passion, in which case, “if the servant or the maid should die under his hand (i.e., under his blows), he was to be punished” (ינּקם נקם: “vengeance shall surely be taken”). But in what the נקם was to consist is not explained; certainly not in slaying by the sword, as the Jewish commentators maintain. The lawgiver would have expressed this by יוּמת מות. No doubt it was left to the authorities to determine this according to the circumstances. The law in Exo 21:12 could hardly be applied to a case of this description, although it was afterwards extended to foreigners as well as natives (Lev 24:21-22), for the simple reason, that it is hardly conceivable that a master would intentionally kill his slave, who was his possession and money. How far the lawgiver was from presupposing any such intention here, is evident from the law which follows in Exo 21:21, “Notwithstanding, if he continue a day or two (i.e., remain alive), it shall not be avenged, for he is his money.” By the continuance of his life, if only for a day or two, it would become perfectly evident that the master did not wish to kill his servant; and if nevertheless he died after this, the loss of the slave was punishment enough for the master. There is no ground whatever for restricting this regulation, as the Rabbins do, to slaves who were not of Hebrew extraction.

Exo 21:22-25

If men strove and thrust against a woman with child, who had come near or between them for the purpose of making peace, so that her children come out (come into the world), and no injury was done either to the woman or the child that was born,The words ילדיה ויצאוּ are rendered by the lxx καὶ ἐξέλθη τὸ παιδίον αὐτῆς μὴ ἐξεικονισμένον and the corresponding clause יהיה אסון ואם by ἐὰν δὲ ἐξεικονισμένον ᾖ; consequently the translators have understood the words as meaning that the fruit, the premature birth of which was caused by the blow, if not yet developed into a human form, was not to be regarded as in any sense a human being, so that the giver of the blow was only required to pay a pecuniary compensation, - as Philo expresses it, “on account of the injury done to the woman, and because he prevented nature, which forms and shapes a man into the most beautiful being, from bringing him forth alive.” But the arbitrary character of this explanation is apparent at once; for ילד only denotes a child, as a fully developed human being, and not the fruit of the womb before it has assumed a human form. In a manner no less arbitrary אסון has been rendered by Onkelos and the Rabbins מותא, death, and the clause is made to refer to the death of the mother alone, in opposition to the penal sentence in Exo 21:23, Exo 21:24, which not only demands life for life, but eye for eye, etc., and therefore presupposes not death alone, but injury done to particular members. The omission of להּ, also, apparently renders it impracticable to refer the words to injury done to the woman alone. a pecuniary compensation was to be paid, such as the husband of the woman laid upon him, and he was to give it בּפללים by (by an appeal to) arbitrators. A fine is imposed, because even if no injury had been done to the woman and the fruit of her womb, such a blow might have endangered life. (For יצא roF(  to go out of the womb, see Gen 25:25-26.) The plural ילדיה is employed for the purpose of speaking indefinitely, because there might possibly be more than one child in the womb. “But if injury occur (to the mother or the child), thou shalt give soul for soul, eye for eye,...wound for wound:” thus perfect retribution was to be made.

Exo 21:26-27

But the lex talionis applied to the free Israelite only, not to slaves. In the case of the latter, if the master struck out an eye and destroyed it, i.e., blinded him with the blow, or struck out a tooth, he was to let him go free, as a compensation for the loss of the member. Eye and tooth are individual examples selected to denote all the members, from the most important and indispensable down to the very least.

Exo 21:28-30

The life of man is also protected against injury from cattle (cf. Gen 9:5). “If an ox gore a man or a woman, that they die, the ox shall be stoned, and its flesh shall not be eaten;” because, as the stoning already shows, it was laden with the guilt of murder, and therefore had become unclean (cf. Num 35:33). The master or owner of the ox was innocent, sc., if his ox had not bee known to do so before. But if this were the case, “if his master have been warned (בּבעליו הוּעד, lit., testimony laid against its master), and notwithstanding this he have not kept it in,” then the master was to be put to death, because through his carelessness in keeping the ox he had caused the death, and therefore shared the guilt. As this guilt, however, had not been incurred through an intentional crime, but had arisen simply from carelessness, he was allowed to redeem his forfeited life by the payment of expiation money (כּפר, lit., covering, expiation, cf. Exo 30:12), “according to all that was laid upon him,” sc., by the judge.

Exo 21:31-32

The death of a son or a daughter through the goring of an ox was also to be treated in the same way; but that of a slave (man-servant or maid-servant) was to be compensated by the payment of thirty shekels of silver (i.e., probably the ordinary price for the redemption of a slave, as the redemption price of a free Israelite was fifty shekels, Lev 27:3) on the part of the owner of the ox; but the ox was to be killed in this case also. There are other ancient nations in whose law books we find laws relating to the punishment of animals for killing or wounding a man, but not one of them had a law which made the owner of the animal responsible as well, for they none of them looked upon human life in its likeness of God.

Exo 21:33-36

Passing from life to property, in connection with the foregoing, the life of the animal, the most important possession of the Israelites, is first of all secured against destruction through carelessness. If any one opened or dug a pit or cistern, and did not close it up again, and another man’s ox or ass (mentioned, for the sake of example, as the most important animals among the live stock of the Israelites) fell in and was killed, the owner of the pit was to pay its full value, and the dead animal to belong to him. If an ox that was not known to be vicious gored another man’s ox to death, the vicious animal was to be sold, and its money (what it fetched) to be divided; the dead animal was also to be divided, so that both parties bore an equal amount of damage. If, on the other hand, the ox had been known to be vicious before, and had not been kept in, carefully secured, by its possessor, he was to compensate the owner of the one that had been killed with the full value of an ox, but to receive the dead one instead.

Judicial Laws. (b. c. 1491.)

1 Now these are the judgments which thou shalt set before them. 2 If thou buy an Hebrew servant, six years he shall serve: and in the seventh he shall go out free for nothing. 3 If he came in by himself, he shall go out by himself: if he were married, then his wife shall go out with him. 4 If his master have given him a wife, and she have born him sons or daughters; the wife and her children shall be her master's, and he shall go out by himself. 5 And if the servant shall plainly say, I love my master, my wife, and my children; I will not go out free: 6 Then his master shall bring him unto the judges; he shall also bring him to the door, or unto the door post; and his master shall bore his ear through with an awl; and he shall serve him for ever. 7 And if a man sell his daughter to be a maidservant, she shall not go out as the menservants do. 8 If she please not her master, who hath betrothed her to himself, then shall he let her be redeemed: to sell her unto a strange nation he shall have no power, seeing he hath dealt deceitfully with her. 9 And if he have betrothed her unto his son, he shall deal with her after the manner of daughters. 10 If he take him another wife; her food, her raiment, and her duty of marriage, shall he not diminish. 11 And if he do not these three unto her, then shall she go out free without money.

The first verse is the general title of the laws contained in this and the two following chapters, some of them relating to the religious worship of God, but most of them relating to matters between man and man. Their government being purely a Theocracy, that which in other states is to be settled by human prudence was directed among them by a divine appointment, so that the constitution of their government was peculiarly adapted to make them happy. These laws are called judgments, because they are framed in infinite wisdom and equity, and because their magistrates were to give judgment according to the people. In the doubtful cases that had hitherto occurred, Moses had particularly enquired of God for them, as appeared, ch. xviii. 15; but now God gave him statutes in general by which to determine particular cases, which likewise he must apply to other like cases that might happen, which, falling under the same reason, fell under the same rule. He begins with the laws concerning servants, commanding mercy and moderation towards them. The Israelites had lately been servants themselves; and now that they had become, not only their own masters, but masters of servants, too, lest they should abuse their servants, as they themselves had been abused and ruled with rigour by the Egyptian task-masters, provision was made by these laws for the mild and gentle usage of servants. Note, If those who have had power over us have been injurious to us this will not in the least excuse us if we be in like manner injurious to those who are under our power, but will rather aggravate our crime, because, in that case, we may the more easily put our souls into their soul's stead. Here is,

I. A law concerning men-servants, sold, either by themselves or their parents, through poverty, or by the judges, for their crimes; even those of the latter sort (if Hebrews) were to continue in slavery but seven years at the most, in which time it was taken for granted that they would sufficiently have smarted for their folly or offence. At the seven years' end the servant should either go out free (v. 2, 3), or his servitude should thenceforward be his choice, v. 5, 6. If he had a wife given him by his master, and children, he might either leave them and go out free himself, or, if he had such a kindness for them that he would rather tarry with them in bondage than go out at liberty without them, he was to have his ear bored through to the doorpost and serve till the death of his master, or the year of jubilee.

1. By this law God taught, (1.) The Hebrew servants generosity, and a noble love of liberty, for they were the Lord's freemen; a mark of disgrace must be put upon him who refused liberty when he might have it, though he refused it upon considerations otherwise laudable enough. Thus Christians, being bought with a price, and called unto liberty, must not be the servants of men, nor of the lusts of men, 1 Cor. vii. 23. There is a free and princely spirit that much helps to uphold a Christian, Ps. li. 12. He likewise taught, (2.) The Hebrew masters not to trample upon their poor servants, knowing, not only that they had been by birth upon a level with them, but that, in a few years, they would be so again. Thus Christian masters must look with respect on believing servants, Philem. 16.

2. This law will be further useful to us, (1.) To illustrate the right God has to the children of believing parents, as such, and the place they have in his church. They are by baptism enrolled among his servants, because they are born in his house, for they are therefore born unto him, Ezek. xvi. 20. David owns himself God's servant, as he was the son of his handmaid (Ps. cxvi. 16), and therefore entitled to protection, Ps. lxxxvi. 16. (2.) To explain the obligation which the great Redeemer laid upon himself to prosecute the work of our salvation, for he says (Ps. xl. 6), My ears hast thou opened, which seems to allude to this law. He loved his Father, and his captive spouse, and the children that were given him, and would not go out free from his undertaking, but engaged to serve in it for ever, Isa. xlii. 1, 4. Much more reason have we thus to engage ourselves to serve God for ever; we have all the reason in the world to love our Master and his work, and to have our ears bored to his door-posts, as those who desire not to go out free from his service, but to be found more and more free to it, and in it, Ps. lxxxiv. 10.

Concerning maid-servants, whom their parents, through extreme poverty, had sold, when they were very young, to such as they hoped would marry them when they grew up; if they did not, yet they must not sell them to strangers, but rather study how to make them amends for the disappointment; if they did, they must maintain them handsomely, v. 7-11. Thus did God provide for the comfort and reputation of the daughters of Israel, and has taught husbands to give honour to their wives (be their extraction ever so mean) as to the weaker vessels, 1 Pet. iii. 7.

12 He that smiteth a man, so that he die, shall be surely put to death. 13 And if a man lie not in wait, but God deliver him into his hand; then I will appoint thee a place whither he shall flee. 14 But if a man come presumptuously upon his neighbour, to slay him with guile; thou shalt take him from mine altar, that he may die. 15 And he that smiteth his father, or his mother, shall be surely put to death. 16 And he that stealeth a man, and selleth him, or if he be found in his hand, he shall surely be put to death. 17 And he that curseth his father, or his mother, shall surely be put to death. 18 And if men strive together, and one smite another with a stone, or with his fist, and he die not, but keepeth his bed: 19 If he rise again, and walk abroad upon his staff, then shall he that smote him be quit: only he shall pay for the loss of his time, and shall cause him to be thoroughly healed. 20 And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished. 21 Notwithstanding, if he continue a day or two, he shall not be punished: for he is his money.

Here is, I. A law concerning murder. He had lately said, Thou shalt not kill; here he provides, 1. For the punishing of wilful murder (v. 12): He that smiteth a man, whether upon a sudden passion or in malice prepense, so that he die, the government must take care that the murderer be put to death, according to that ancient law (Gen. ix. 6), Whoso sheddeth man's blood, by man shall his blood be shed. God, who by his providence gives and maintains life, thus by his law protects it; so that mercy shown to a wilful murderer is real cruelty to all mankind besides: such a one, God here says, shall be taken even from his altar (v. 14), to which he might flee for protection; and, if God will not shelter him, let him flee to the pit, and let no man stay him. 2. For the relief of such as killed by accident, per infortunium—by misfortune, or chance-medley, as our law expresses it, when a man, in doing a lawful act, without intent of hurt to any, happens to kill another, or, as it is here described, God delivers him into his hand; for nothing comes to pass by chance; what seems to us purely casual is ordered by the divine Providence, for wise and holy ends secret to us. In this case God provided cities of refuge for the protection of those whose infelicity it was, but not their fault, to occasion the death of another, v. 13. With us, who know no avengers of blood but the magistrates, the law itself is a sufficient sanctuary for those whose minds are innocent, though their hands are guilty, and there needs no other.

II. Concerning rebellious children. It is here made a capital crime, to be punished with death, for children either, 1. To strike their parents (v. 15) so as either to draw blood or to make the place struck black and blue. Or, 2. To curse their parents (v. 17), if they profaned any name of God in doing it, as the rabbies say. Note, The undutiful behaviour of children towards their parents is a very great provocation to God our common Father; and, if men do not punish it, he will. Those are perfectly lost to all virtue, and abandoned to all wickedness, that have broken through the bonds of filial reverence and duty to such a degree as in word or action to abuse their own parents. What yoke will those bear that have shaken off this? Let children take heed of entertaining in their minds any such thought or passions towards their parents as savour of undutifulness and contempt; for the righteous God searches the heart.

III. Here is a law against man-stealing (v. 16): He that steals a man (that is, a person, man, woman, or child), with design to sell him to the Gentiles (for no Israelite would buy him), was adjudged to death by this statute, which is ratified by the apostle (1 Tim. i. 10), where men-stealers are reckoned among those wicked ones against whom laws must be made by Christian princes.

IV. Care is here taken that satisfaction be made for hurt done to a person, though death do not ensue, v. 18, 19. He that did the hurt must be accountable for damages, and pay, not only for the cure, but for the loss of time, to which the Jews add that he must likewise give some recompence both for the pain and for the blemish, if there were any.

V. Direction is given what should be done if a servant died by his master's correction. This servant must not be an Israelite, but a Gentile slave, as the negroes to our planters; and it is supposed that he smite him with a rod, and not with any thing that was likely to give a mortal wound; yet, if he died under his hand, he should be punished for his cruelty, at the discretion of the judges, upon consideration of circumstances, v. 20. But, if he continued a day or two after the correction given, the master was supposed to suffer enough by losing his servant, v. 21. Our law makes the death of a servant, by his master's reasonable beating of him, but chance-medley. Yet let all masters take heed of tyrannizing over their servants; the gospel teaches them even to forbear and moderate threatenings (Eph. vi. 9), considering with holy Job, What shall I do, when God riseth up? Job xxxi. 13-15.

22 If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow: he shall be surely punished, according as the woman's husband will lay upon him; and he shall pay as the judges determine. 23 And if any mischief follow, then thou shalt give life for life, 24 Eye for eye, tooth for tooth, hand for hand, foot for foot, 25 Burning for burning, wound for wound, stripe for stripe. 26 And if a man smite the eye of his servant, or the eye of his maid, that it perish; he shall let him go free for his eye's sake. 27 And if he smite out his manservant's tooth, or his maidservant's tooth; he shall let him go free for his tooth's sake. 28 If an ox gore a man or a woman, that they die: then the ox shall be surely stoned, and his flesh shall not be eaten; but the owner of the ox shall be quit. 29 But if the ox were wont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman; the ox shall be stoned, and his owner also shall be put to death. 30 If there be laid on him a sum of money, then he shall give for the ransom of his life whatsoever is laid upon him. 31 Whether he have gored a son, or have gored a daughter, according to this judgment shall it be done unto him. 32 If the ox shall push a manservant or a maidservant; he shall give unto their master thirty shekels of silver, and the ox shall be stoned. 33 And if a man shall open a pit, or if a man shall dig a pit, and not cover it, and an ox or an ass fall therein; 34 The owner of the pit shall make it good, and give money unto the owner of them; and the dead beast shall be his. 35 And if one man's ox hurt another's, that he die; then they shall sell the live ox, and divide the money of it; and the dead ox also they shall divide. 36 Or if it be known that the ox hath used to push in time past, and his owner hath not kept him in; he shall surely pay ox for ox; and the dead shall be his own.

Observe here,

I. The particular care which the law took of women with child, that no hurt should be done them which might occasion their mis-carrying. The law of nature obliges us to be very tender in that case, lest the tree and fruit be destroyed together, v. 22, 23. Women with child, who are thus taken under the special protection of the law of God, if they live in his fear, may still believe themselves under the special protection of the providence of God, and hope that they shall be saved in child-bearing. On this occasion comes in that general law of retaliation which our Saviour refers to, Matt. v. 38, An eye for an eye. Now, 1. The execution of this law is not hereby put into the hands of private persons, as if every man might avenge himself, which would introduce universal confusion, and make men like the fishes of the sea. The tradition of the elders seems to have put this corrupt gloss upon it, in opposition to which our Saviour commands us to forgive injuries, and not to meditate revenge, Matt. v. 39. 2. God often executes it in the course of his providence, making the punishment, in many cases, to answer to the sin, as Judg. i. 7; Isa. xxxiii. 1; Hab. ii. 13; Matt. xxvi. 52. 3. Magistrates ought to have an eye to this rule in punishing offenders, and doing right to those that are injured. Consideration must be had of the nature, quality, and degree of the wrong done, that reparation may be made to the party injured, and others deterred from doing the like; either an eye shall go for an eye, or the forfeited eye shall be redeemed by a sum of money. Note, He that does wrong must expect one way or other to receive according to the wrong he has done, Col. iii. 25. God sometimes brings men's violent dealings upon their own heads (Ps. vii. 16); and magistrates are in this the ministers of the justice, that they are avengers (Rom. xiii. 4), and they shall not bear the sword in vain.

II. The care God took of servants. If their masters maimed them, though it was only striking out a tooth, that should be their discharge, v. 26, 27. This was intended, 1. To prevent their being abused; masters would be careful not to offer them any violence, lest they should lose their service. 2. To comfort them if they were abused; the loss of a limb should be the gaining of their liberty, which would do something towards balancing both the pain and disgrace they underwent. Nay,

III. Does God take care for oxen? Yes, it appears by the following laws in this chapter that he does, for our sakes, 1 Cor. ix. 9, 10. The Israelites are here directed what to do,

1. In case of hurt done by oxen, or any other brute-creature; for the law, doubtless, was designed to extend to all parallel cases. (1.) As an instance of God's care of the life of man (though forfeited a thousand times into the hands of divine justice), and in token of his detestation of the sin of murder. If an ox killed any man, woman, or child, the ox was to be stoned (v. 28); and, because the greatest honour of the inferior creatures is to be serviceable to man, the criminal is denied that honour: his flesh shall not be eaten. Thus God would keep up in the minds of his people a rooted abhorrence of the sin of murder and every thing that was barbarous. (2.) To make men careful that none of their cattle might do hurt, but that, by all means possible, mischief might be prevented. If the owner of the beast knew that he was mischievous, he must answer for the hurt done, and, according as the circumstances of the case proved him to be more or less accessory, he must either be put to death or ransom his life with a sum of money, v. 29-32. Some of our ancient books make this felony, by the common law of England, and give this reason, "The owner, by suffering his beast to go at liberty when he knew it to be mischievous, shows that he was very willing that hurt should be done." Note, It is not enough for us not to do mischief ourselves, but we must take care that no mischief be done by those whom it is in our power to restrain, whether man or beast.

2. In case of hurt done to oxen, or other cattle. (1.) If they fall into a pit, and perish there, he that opened the pit must make good the loss, v. 33, 34. Note, We must take heed not only of doing that which will be hurtful, but of doing that which may be so. It is not enough not to design and devise mischief, but we must contrive to prevent mischief, else we become accessory to our neighbours' damage. Mischief done in malice is the great transgression; but mischief done through negligence, and for want of due care and consideration, is not without fault, but ought to be reflected upon with great regret, according as the degree of the mischief is: especially we must be careful that we do nothing to make ourselves accessory to the sins of others, by laying an occasion of offence in our brother's way, Rom. xiv. 13. (2.) If cattle fight, and one kill another, the owners shall equally share in the loss, v. 35. Only if the beast that had done the harm was known to the owner to have been mischievous he shall answer for the damage, because he ought either to have killed him or kept him up, v. 36. The determinations of these cases carry with them the evidence of their own equity, and give such rules of justice as were then, and are still, in use, for the decision of similar controversies that arise between man and man. But I conjecture that these cases might be specified, rather than others (though some of them seem minute), because they were then cases in fact actually depending before Moses; for in the wilderness where they lay closely encamped, and had their flocks and herds among them, such mischiefs as these last mentioned were likely enough to occur. That which we are taught by these laws is that we should be very careful to do no wrong, either directly or indirectly; and that, if we have done wrong, we must be very willing to make satisfaction, and desirous that nobody may lose by us.

CHAP. XXI.

[non-Latin text not transcribed]

AND these are the Iudgments which thou shalt set before them. When thou shalt buy an Hebrew servant, six y[illegible: 1 span] hee shall serve, and in the seventh hee shall goe out free for nothing. If hee came in with his body, hee shall goe out with his body: if hee were the husband of a wife, then his wife shall goe out with him. If his master have given him a wife, and shee have borne him sonnes or daughters, the wife and her children shall bee her masters, and he shall goe out with his body. And if the servant saying shall say, I love my master, my wife, and my sonnes: I will not go out free. Then his master shall bring him unto the gods; hee shall also bring him unto the doore, or unto the doore post: and his master shall bore his eare through with an aule; and hee shall serve him for ever. And when a man shall sel his daughter for a maid servant, she shall not goe out, as the servants goe out. If she be evill in the eyes of her master, that or hath betrothed her to himselfe. he doe not betroth het, then shall he let her be redeemed: to a strange people hee shall not have power to sell her, for that h[illegible: 1 span] hath unfaithfully transgressed against he[illegible: 1 span] And if he shal betroth her to his son, he shal[illegible: 1 span] doe unto her after the rightfull manner of daughters. If he take him another wife, her food, her raiment & her mariage dutie, shall he not wth draw. And if he do not these three unto her, then shall shee goe out freely without money. He that smiteth a man & he die, shall be put to die the death. And if he hat[illegible: 1 span] not lien in wait, but God hath occasionally delivered him into his hand; then I will appoint thee a place whither he shal flee. And when a man shall come presumptuously upon his neighbour, to slay him with guile; from my altar shalt thou take him to die. And hee that smiteth his father or his mother, shall be put to die the death. And he[illegible: 1 letter] that stealeth a man, and selleth him, or he be found in his hand, shall bee put to die the death. And hee that curseth his father or his mother, shall be put to dye the death. And when men contend, and a man smite his neighbour, with stone, or with fist, and hee die not, but falleth on bed; If he rise againe, and walke abroad upon his staffe, then the smiter shal be innocent, onely hee shall give his sitting still, and healing he shal heale him. And when a man smite his man-servant, or his woman servant, with a rod, and hee dye under his hand, avenging hee shall bee avenged. But if he continue a day, or two dayes, he shall not be avenged, for he is his money. And when men striue and strike a woman with childe, and her births depart from her, and there be no mischiefe; punishing he shal be punished, according as the womans husband will lay upon him; and he shall give by t[illegible: 2 letters] judges. And if mischiefe be, then shalt thou give soule for soule. Eie for eye; tooth for tooth; hand for hand; foot for foot. Burning for burning; wound for wound; stripe for stripe. And when a man shall smite the eye of his man-servant, or the eye of his woman-servant, and corrupt it; he shall send him away free for his eye. And if hee shall smite out the tooth of his man-servant, or the tooth of his woman-servant; hee shall send him away free for his tooth. And when an oxe shall push a man or a woman that he die; the oxe shall be stoned with stones, and his flesh shall not be eaten; and the owner of the oxe shall be innocent. And if the oxe were a pusher in times past, and it hath beene testified to his owner, and hee hath not kept him in, but that he hath killed a man or a woman; the oxe shall bee stoned, and his owner also shall be killed. If a ransome be laid upon him, then he shall give the redemption of his soule, according to all which shall be laid upon him. Whether hee have pushed a sonne, or pushed a daughter, according to this judgment shall it be done unto him. If the oxe have pushed a man-servant, or a woman-servant, he shall give unto his master thirtie shekels of silver, and the oxe shall be stoned. And when a man shall open a pit, or when a man shall digge a pit, and not cover it, and an oxe or an asse fall there: The owner of the pit shall pay, hee shall render money to the owner of it, and the dead beast shall be his. And when a mans oxe shall strike his neighbours oxe, that hee die, then they shall sell the living oxe, and divide the money of it, and the dead also they shall divide. Or if it be knowne that the oxe was a pusher in time past, and his owner hath not kept him in, paying he shall pay oxe for oxe, and the dead shall be his owne.

Annotations. [non-Latin text not transcribed] Here beginneth the 18. Section of the Law, called Mishpatim, that is, Iudgments. See Genes. 6. 9. THE Iudgments] the Iudiciall lawes, annexed to the Law or ten Commandements fore-given, Ex. 20. for punishment of transgressors: as the ordinances about Gods worship, and sacrifices, are commonly called statutes, or decrees, Exod. 12. 24. 43. and 27. 21. and 29. 9. Lev. 3. 17. and 6. 18. 22. The Greeke here and often tran lateth them Dicaiomata, Iust judgements: and so the Holy Ghost useth the word, in Revel. 15. 4. The statutes and judgements, are often distinctly mentioned, Deut. 4. 1. 5. 45. and 5. 1. and 12. 1. and sometime the Law or Commandements annexed with them, Deut. 6. 1. and 26. 17. Mal. 4. 4. And these Iudicials were propounded by Moses, not by expresse voice of God unto the people, as were those ten Words, in Exod. 20. before them] that is, the Israelites; and in speciall, the Magistrates of Israel. From hence the Hebrewes gather, (as R. Solomon on this place) that it was not lawfull for them to have their causes judged by infidels. And Paul hath a much like doctrine, in 1 Cor. 6. 1. Vers. 2. Hebrew servant] that is, as the Chaldee explaineth it, a sonne of Israel: see Exod. 3. 18. A man might not buy an Hebrew, but either when hee willingly sold himselfe, for extreme poverty, Deut. 15. 12. Levit. 25. 39. or when he was sold against his will, by the Magistrate, for theft which he was not able to restore, Exod. 22. 3. shall serve] the Greeke explaineth it, shall serve thee. This might not be with the service of a bond-servant, but as an hired servant; and without rigour, Levit. 25. 39. 40. 43. For the time, the Hebrew canons say, He whom the Synedrion (the Magistrates) sell, serveth sixe yeeres from the day of his sale: and in the beginning of his seventh yeere, he goeth out free. If the yeere of release (Deut. 15. 1.) fall out within any of the sixe yeeres, yet hee serveth in it: but if the yeere of Iubilee fall, though he be sold but one yeere before, yet he goeth out free, as Levit. 25. 40. 41. 54. He that selleth himselfe, may doe it for moe than sixe yeeres. If it be for tenne or twentie yeeres, and the Iubilee fall out within a yeere after he is sold, hee goeth out free. Maimony in Misneh, treat. of servants, cap. 2. S. 2. 3. free] or, a free man, as both Greeke and Chaldee doe interpret it. This state of servitude, figured their subjection unto sinne, under the Law Rom. 6. 6. 16. 17. Galat. 4. 25. the seventh yeere; figured the time of grace by Christ, who proclaimed by his Gospell, the acceptable yeere of the Lord, Esa. 61. 2. Luke 4. 18. 19. he by his truth maketh men free in deed, Ioh. 8. 32. 36. that sinne hath no more dominion over them, Rom. 6. 14. 18. for nothing] or, for nought, freely: without money, as is explained, verse 11. or moneys worth, Gen. 29. 15. It signified the free gift of mans redemption, and iustification by the grace of Christ, Rom. 3. 24. where the Apostle useth the same Greeke word Dorean, by which the Hebrew is in Greeke translated here. Vers. 3. with his body] onely, and hath no wife, as the words following manifest: therfore the Greeke and Chaldee translateth it, himselfe alone, of a wise] which is entred into servitude with him; therefore the Greeke translateth it thus, If a wife came in together with him, then the wife shall goe out together with him. Vers. 4. given him a wife] to wit, an heathen bond woman: for such onely, with their children might be left in servitude, Levit. 25. 44. neither might any man thus deale with an Hebrew woman, as is after shewed in vers. 7. &c. And this thing, (which God here commandeth not, but tolerateth) the Hebrew Doctors restraine to him onely that is sold by the Magistrate, saying: Hee whom the Magistrates doe sell, his master may give him a Canaanitesse bond woman, &c. and compell him hereunto, that he may beget servants (or slaves) of her; and hee may lawfully use her, all the daies of his servitude, Exodus 21. 4. but he that selleth himselfe, is forbidden a Canaanitesse bond-woman, as are all other men of Israel. But, An Hebrew servant, may not have to wife a Canaanitesse, untill he have an Israelitesse wife and children. For if he have not a wife and children, his master may not give him a Canaanitesse. And this is by tradition, that although he be a Priest that is sold yet he may have a Canaanitesse bond-woman, all the daies of his servitude. If he have wife and children, though his master may give him a Canaanitesse, yet may hee not separate him from his wife and children, as it is written, vers. 3. HIS WIFE WITH HIM. And hee may not give him two bond women; nor give one bond-woman to two Hebrew servants, as is the manner to give unto two Canaanite servants. These things are recorded by Maimony, in his treat. of Servants, chap. 3. S. 3. 4. 5. with his body] that is, alone, as the Greeke translateth it. For his children borne of the bond-woman, are bond-men also; as the example of Ismael, whom Abraham begat of Agar, sheweth, Genes. 21. 9. 10. Galat. 4. 22. 23. 30. So the Hebrew canons also testifie: An Israelite that lieth with a Canaanitesse bond-woman, &c. begetteth a Canaanite in every respect, who may be sold and bought, and made to serve for ever, as other bond-men. Maimony treat, of Servants, chap. 9. Sect. 1. Vers. 5. saying shall say] that is, shall freely, openly, and plainely say: Greeke, shall answer and say. my master] in Deut. 15. 16. is mentioned also his house: from which the Hebrewes gather, that if the master have not wife and children, the servant is not to be bored in the eare: or if his master love not him, or if either the master or servant be sicke, the servant is not to be bored; for it is said, (in Deut. 15. 16.) because he is well with thee. Maimony, treat, of Servants, chap. 3. Sect. 11. Vers. 6. the gods] that is, the Iudges, or Magistrates. called gods in Psalme 82. 1. 6. because the Word of God was given to them, Ioh. 10. 34. 35. So the Chaldee translateth it Iudges: the Greeke, the judgment of God. The Rabbines expound it, the Synedrion (or Court) of three judges: and that was the lowest Court. Maimony in Servants, chap. 3. Sect. 9. But withall they say, None are called Elohim (Gods) but the Iudges ordained in the land of Israel onely; and such as were wise men, fit for to judge; whom the Senate of the Land of Israel sought out, and appointed, and imposed hands upon them. Maimony in Sanhedrin, chap. 4. Sect. 4. the doore] either of his masters house, or of any other mans, saith Maimony in treat, of Servants, chap. 3. his master] this the Hebrew Doctors hold strictly must be done by the master himselfe, not by his sonne, nor by his messenger, nor by a messenger of the magistrates. Maimony, in the same place. his eare] this the Hebrewes explaine to be his right eare, and through the body of it. And because the Law saith for servants, that at the Iubilee they should return unto their familie; Leviticus 25. 41. they doe except the priests from this. An Hebrew servant that is a priest, may not be bored in the eare, because he is made thereby blemished, and cannot therefore returne unto his dignitie. Maimony, treat, of Servants, chap. 3. Sect. 8. serve him for ever] that is, (as Maimony there explaineth it) till the Iubilee; or, till his masters death. If hee die and leave a sonne, yet he that is bored serveth not his sonne: for it is said, he shall serve him (not his sonne,) for ever, to his ever of Iubilee. The Law for the Iubilee, (which was every fiftieth yeere) see in Levit. 25. 13. 28. 40. 41. and as the word Ever, for many things reached but to the Iubilee; so sometime it is but during life; as 1 Sam. 1. 22. Thus by all meanes God provided to keepe men out of bondage, as he had brought them out of Egyptian servitude, to be his servants, Levit. 25. 42. Nehem. 5. 8. And the Apostle saith, If thou canst be made free, use it rather 1 Cor. 7. 21. Especially God taught them hereby, to labour for the Libertie which Christ at his Iubilee should bring unto them, Ioh. 8. 32. 34. 36. and not to be the servants of men, 1 Cor. 7. 23. And by this outward state of servants, led them from the bondage of the Law, at mount Sina, to the freedome of the Gospell, at mount Sion, Galat. 4. 24. 25. 26. &c. For the aule through the eare, signified the sharpe iron precepts, which men were bound to obey, in their going out and comming in, their whole administration, till either the death of the master, or the Iubilee did release them. So the Apostle saith, The Law hath dominion over a man, as long as he liveth, &c. When wee were in the flesh, the passions of sinnes, which were by the Law, wrought effectually in our members, to bring forth fruit unto death: but now we are delivered from the Law, that being dead wherein we were held, that we should serve in ne[illegible: 1 span] of the spirit, and not in oldnesse of the letter, Romans 7. 1. 5. 6. Vers. 7. sell his daughter] which the Hebrew canons say, hee might not doe, but while shee was a girle, under the age and state of mariage, not after, neither might he sell her but for extreme povertie when he had nothing left of goods moveable, or unmoveable, unto the cloathes on his backe. Maimony, treat. of Servants, chap. 4. Sect. 1. 2. An example hereof was among the poore Iewes, returned our of Babylon, Nehem. 5. 1. 5. 8. maid-servant, or, hand maid: see Gen. 16. 1. This servitude by the Law must bee but till the seventh yeere; (as was before for men-servants, whom the Magistrates sold;) or, till the Iubilee, if it fell out before, Deut 15. 12. Levit. 25. 40. or (by the Hebrew canons, till the death of her master. as the servants. that is, as slaves, basely, and with dishonour: for the Hebrew men and women might not be made to serve as servants, but as hired persons, and sojourners, Levit. 25. 39. 40. Although therefore this by some is referred to the former law of men-servants, in verse 2. 3. &c. yet the Greeke translation changeth the gender, and so understandeth it of bond-women or slaves. And the Iew Doctors referre it to that which followeth in verse 26. 27. that an Hebrew handmaid goeth not out for losse of limme, as of eye, tooth, &c. but must receive satisfaction for such hurts, as any other of Israel; according to the Law, in verse 24. Maimony, treat. of Servants, chap. 4. Sect. 6. Vers. 8. evill] that is, displeasing, as the Greeke also translateth it. that he doe not betroth her] unto himselfe, o[illegible: 1 letter]to his sonne, verse 9. Or, who hath betrothed her to himselfe: for the Hebrew hath both readings, the first in the line, the latter in the margine. And the writing differeth in the eye, ( [non-Latin text not transcribed] lo, not; and to, to himselfe,) but hath no difference in the eare: so Moses hearing it of God, did by his spirit write both; and the margine is that which in the Hebrew is noted to be read. The Hebrew Doctors (in Thalmud Bab. in Nedarim, chap. 4. fol. 37. b.) say, The words read and not written, and written and not read, were the tradition of Moses from (mount) Sinai; that is, as the Hebrew scholion on that place noteth, so Moses received in Sinai, and delivered to Israel. The Chaldee version in this and other the like places, translateth according to the margin; an evident proofe, that these divers readings were not added by the Masorites, as some thinke; seeing the Masorites were not so ancient. The Greeke copies here varie, some having, hath betrothed her to him, othersome, hath not betrothed; and so The[illegible: 1 letter]lotio, and Symmachus also translated, hath not betrothed. The meaning seemeth to bee, if he take dislike of her, either before or after shee is betrothed. By the Iewes canons, An Hebrew maid might not be sold, but unto one who either himselfe or his sonne, might betroth her when she was mariageable. As, a man might not sell his daughter to his sonne, because she was not meet for her master, who was her brother; nor for her masters sonns, because shee was his fathers sister. Maimony treat. of Servants, chap. 4. Sect. 11. shall he let her] or, cause her to be redeemed; the Greeke translateth, he shall redeeme her. The Hebrewes say, If her master have bethrothed her to him-selfe, or to his sonne, she is as other betrothed women, and goeth not out but by the death of her husband, or by bill: and the commandement to betroth, is before the commandement to redeeme. If her master dye, his sonne cannot betroth her to himselfe; because she goeth out free by her masters death. Maimony, treat, of Servants, chap. 4. Sect. 7. 8. to a strange people] that is, to any stranger; the Chaldee interprets it, to another man. And Maimony (in the foresaid place Sect. 10.) saith, he may not sell her, nor give her to another man, whether he be one farre off, or neere; and if he either sell, or give her, it is nothing that he doth. unfaithfully transgressed] or, dealt deceitfully, and treacherously, failing of that which was expected at his hands, The Chaldee translateth, he hath ruled over her. Vers. 9. of daughters] which the Chaldee explaineth, of the daughters of Israel: as is right and custome to be done with all other maids, which are not servants. This may be understood of giving a a dowrie: as Exod. 22. 16. 17. and all other priviledges of a free woman. Vers. 10. take him] this the Greeke interpreteth, take to himselfe: though it may imply both the father and the sonne, forespoken of. her mariage dutie] the due benevolence betweene man and wife, such as the Apostle speaketh of, 1 Cor. 7. 3. and so the Greek translateth it conversation, (or companying together.) the Hebrew Doctors also explain it (from the phrase in Gen. 19. 31.) to goe in unto her after the way of all the earth. Vnto these three the Hebrewes adde seven moe: their words are, When a man marieth a wife, whether she be a virein or otherwise, be she great or small, a daughter of Israel, or a proselyte; he oweth unto her ten things, and she oweth foure. Of the ten, three are in the Law; her food, her rayment, and her mariage duty, that is, to goe in unto her after the manner of all the earth. And seven are by the doctrine of the Scribes. The first is, the principall of the dowrie; [which for a maid, was fiftie shekels, as is noted on Exod. 22. 17] and the other are called conditions of the dowrie; and they are these: to heale her if she be sicke; to redeeme her if she be taken captive, to bury her if she dye; and to let her be nourished of his goods, and to dwell in his house after he dye, all the time of her widowhood; that her children which shee hath by him, be nourished of his goods after his death, untill they be espoused; & that her male children which she hath by him, be heires of her dowrie, above their portion of inheritance which they have with their brethren. And the foure things which she oweth are; that the workes of her hands be his; that her (presence, or) attendance be upon him; that he eat of all the fruits of her goods during her life; and if she die while he live, that he be her heire hee is before any man, in inheriting that she hath. Maimony, treat. of Wives, chap. 12. Sect. 1. 2. 3. withdraw] or, keepe backe, as the word signifieth in Numbers 9. 7. the Greeke translateth it defra[illegible: 2 letters] which word Paul useth in speech of the like thing, Defraud not one the other, 1 Cor. 7. 5. Vers. 11. these three] mentioned last, in verse 10. or, one of those three fore-mentioned, touching her bethrothing to himselfe, or to his sonne, or her redeeming. In this latter sense Maimony expoundeth it, in his treat. of Servants, chap. 4. Sect. 9. freely, or, for nothing, as verse 2. Vers. 12. that smiteth] to wit, wilfully, as the next verse manifesteth. See the notes on Gen. 9. 6. put to die] or, made to die, that is, killed by the Magistrate: and the doubling of the word maketh the charge more strait; for no ransome might be taken for the life of a wilfull murderer, Numbers 35. 31. The Hebrew Doctors say; Foure deaths were in Israel by the Iudges; Stoning, and Burning, and Slaying with the sword, and Strangling (or Hanging.) Stoning was heavier than burning; and burning heavier then killing with the sword; and the sword heavier then strangling. All that were to be stoned to death by the law, were eighteene, namely, these: 1 Hee that lieth with his owne mother: 2 or with his fathers wife: 3 or with his daughter in law: 4 or with a betrothed maid: 5 or with the male: 6 or with any beast. 7 The woman that lieth downe to a beast. 8. The blasphemer. 9 He that worshippeth on Idoll. 10 or that giveth of his seed to Molech. 11 He that hath a familiar spirit, 12 and the Wizard, (Leviticus 20. 27.) 13 The inticer to idolatrie (Deuter. 13. 6.) 14 and the withdrawer (or thruster away) to idolatrie, (Deuteronomie 13. 13.) 15 The witch. 16 The prophaner of the Sabbath. 17 He that curseth his father or his mother: 18 and there bellious some, (Deuter. 21.) All that were to be burned, were ten: 1 The priests daughter that playeth the whore under her husband: 2 and he that lieth with his daughter: 3 or with his daughters daughter: 4 or with his sons daughter: 5 or with his wives daughter: 6 or with her daughters daughter: 7 or with her sonnes daughter: 8 or with his mother in law: 9 or with the mother of his mother in law: 10 or with the mother of his father in law. Who so lay with any of these whiles his wife lived, was to be burned. The killed with the sword were two: 1 The murderer: 2 and the drawne away to idols, (Deute[illegible: 1 letter]onomie 13▪ 15.) The strangled were sixe: 1 He that lieth with another mans wife: 2 Hee that smiteth his father or his mother: 3 Hee that steales a soule of Israel: 4 The Elder that rebelleth against the decree of the Senate, (Deuteronomie 17. 12.) 5 The false Prophet: 6 and he that prophesieth in the name of another god. So there are [illegible: 1 letter]ound in all, which were to be slaine by the Magistrate, thirty and sixe. Maimony in Sanhedrin, chap. 14. Sect. 1. 4. and chap. 15. Sect. 10. 13. Thalmud Bab. in Sanhedrin, chap. 7. and 9. Likewise the Chaldee paraphrase on Ruth. 1. 17. (in the Masorites Bible) saith; Naomi said, wee have foure judgements of death for malefactors: Stoning with stones, Burning with fire, Killing with the sword, and Hanging on tree. Vers. 13. not l[illegible: 1 letter]en in wait] not hunted, as 1 Samuel 24. 12. The Greeke translateth, not willing. See this more explained in Num. 35. 22. 23. occasionally delivered] or, offered by chance: an example whereof is set downe in Deut. 19. 5. The Greeke and Chaldee translate, delivered. a place] in the land of Canaan, the cities of refuge, whereof see Num. 35. 6. &c. before that there were not any, vnlesse Gods Sanctuary and Altar in the wildernesse; as may be conjectured by the verse here following; and the practice of Ioab, 1 Kin. 2. 28. Vers. 14. shall come presumptuously] or, shall deale proudly: the Chaldee saith, doe wickedly. It meaneth wittingly, wilfully, and presumptuously. from my] in Chaldee, from before my altar. The Greeke addeth, and flee unto the altar; from my altar shalt thou take him, &c. But Thargum Ierusalemy expoundeth it thus, though hee be the high priest, who standeth and ministreth before me, from thhnce shall yee take him, and kill him. Ioab fearing his life, fled unto, and caught hold on the hornes of the altar, 1 King. 28. and among the Heathens, altars were places of refuge; The wilde beast hath the Rocke for a refuge; and seruants the altars of God; saith Euripides in Supplic. to die] or, unto death: that is, to put him to death, as the Greeke and Chaldee translate. Vers. 15. his father, &c.] though he kill him not, yet hee is to die for it: as by comparison with the 12. verse appeareth. So the Hebrew Doctors also expound it, but with limitation: for they teach, if a childe smite father or mother, and leave no print of the stripe on the flesh, he is to be punished, but not with death: if hee leave an impression (or skarre) or that which is equivalent, as when hee smiteth his father on the eare, and maketh him deafe; such a one is to be put to death, as Maimony sheweth, it treat. of Rebels, chap. 5. Sect. 5. 6. Vers. 16. a man] any of the sonnes of Israel, saith the Greeke translation: and also the Chaldee paraphrase. And so doth Moses explaine this Law, in Deut. 24. 7. a soule, (that is, man, woman, or child) of his brethren, of the sonnes of Israel. Vers. 17. curseth] or, speaketh evill to, revileth; useth light, vile and reproachfull speech: see Genesis 12. 3. put to die] the holy Ghost in Matth. 15. 4. (following the Greeke version) translateth, let him be ended with death: that is, killed. This law is repeated in Levit. 20. 9. The Hebrew Doctors say, that if he curse them either alive or dead, hee is to be stoned to death for it. But they restraine this to his next parents onely: if he curse his grand-father, they teach, hee is not to be stoned, but punished as for cursing anotherman. Maimony treat, of Rebels, chap. 5. Sect. 1. 2. Vers. 18. fist] so the Greeke translateth, but the Chaldee is, a clod of earth. falleth] that is, lieth on, or keepeth his bed through infirmitie. Vers. 19. innocent] and so quit, and not punished as a murderer: though for the hurt, hee is to satisfie, as after is shewed. give his sitting] that is, pay for his sitting, or ceasing from labour, and losse of time. So the Greeke translates, But hee shall pay for his ceasing from labour, and for the charges of healing. Here also is to be understood, that if he have caused a blemish in his neighbour, he is also to pay for it, Levit. 24. 19. 20. And the Hebrew Doctors gather from Deut. 22. 29. that hee must pay also for the smart or paine, and from Deuter. 25. 11. 12. that hee must pay for the shame or dishonour, if any be. So they have set downe in such cases five penalties: 1 for the hurt (or blemish;) 2 for the paine; 3 for the healing; 4 for the losse of time; 5 and for the shame (or dishonour:) of which some must pay all five, some foure, some three, some two, some one, as the cases doe fall out. Maimony, treat. of Hurts and dammages, chap. 1. and 2. healing he shall heale] that is, soundly and throughly heale: meaning by his charges, as the Greeke sheweth; and as the Chaldee translateth, hee shall pay the hire of the Surgeon. Wherefore in the Iewes canons it is set downe; If hee that did the hurt say, my selfe will heale thee; or, I have a Surgeon that will heale for [illegible: 1 word] thing, they shall not yeeld unto him; but he must bring an approved Surgeon, and heale him for reward. If the patient transgresse against the words of the Surgeon, and so make his owne sicknesse (or sore) more heavy; the other is not bound to heale him. Maimony, treat. of Hurts, chap. 2. Sect. 18. 20. Moreover they say; There are blowes wherein is contempt, and a little paine, but as hurt: for such the Magistrates appointed mulcts or forfaits. As, he that kicked his neighbour with his fo[illegible: 1 letter]t, paid five shekels: he that smote him with his thigh, paid three shekels: hee that bent his fist and smote him, paid thirteene shekels: if he smote him with the palme of his hand, one shekell. If he wrung him by the eare, or plucked off his haire, or did spit upon him, hee paid an hundred shekels. And thus he paid for every time he did it; as if he kicked him foure times one after another, hee paid twenty shekels; and so for the rest. Hee that affrighteth his neighbour, although he fall sicke through feare, hee is free from the judgement of men, but guilty of the judgement of God; to wit, if he touch not his neigbour, but maketh a noise behinde him, or appeareth in a darke place or the lake, S[illegible: 1 span] he make a noise in his eare, and make him deafe: he is free from the judgement of man, but guilty of the judgement of God. But if he sa[illegible: 1 letter]ite him ou[illegible: 1 letter]h[illegible: 1 span], and make him deafe, or touch him, or thrust him, when he affrighteth him, or take hold on his garments, or the like, he is to pay for it. Maimony treat. of Hurts, chap. 3. Sect. 8. 9. and chap. 2. Sect. 7. Vers. 20. man servant] his slave, which after in verse 21. is called his money: but with Hebrew servants he might not thus deale, Levit. 25. 39. 40. nor with another mans servant. a rod] or staffe, such as is meet to give correction with: wherefore the Hebrewes gather, that if he smite him with a sword, dagger, stone, or the like, hee hath not the priviledge of this law; but if the servant die of the blow, though a yeere after, hee must be killed for him. Maimony, treat. of Murder, chap. 2. S. 14. under his hand] whiles he is in beating: as the verse following manifesteth. avenging] Greeke, with vengeance: that is, he shall surely be avenged, or punished with death. The Chaldee translateth, judged. This is meant, by the Magistrate, who is the Avenger under God, Rom. 13. 4. Vers. 21. continue,] Hebr. stand, which the Greek translateth live. a day,] a large day of foure and twentie houres; which is as much as two other daies which have each but twelve houres, Iohn 11. 9. Thus the Iew Doctors explaine it: if he continue foure and twenty houres, and afterward die, hee is not killed for him; though he die upon the beating, &c. and what is that, A DAY OR TVVO DAIES? a day which is as two daies, which is from time to time: (till that time againe.) Maimony, treat of Murder, chap. 2. sect. 12. his money] Hebr. his silver: meaning, bought with his money, and so his owne. But hee that smiteth a servant which is not his owne, though he die not till after many daies; yet shall he be put to death for him, as for any other free man, saith Maimony, in treat. of Murder, chap. 2. Sect. 13. Vers. 22. births] or childe, as the Greeke translateth. no mischiefe] to the woman or childe: the Chaldee expounds it, no death: but it implieth lesse also than death, as the words following manifest. The Greeke referres it to the childe; translating, if it be not figured, that is, have not the shape and proportion. punished] or, amearsed, mulcted, topay a summe of money, as this word is explained in Deut. 22. 19. And this mulct must be paid to the husband for the childe-birth: and (as the Hebrewes gather from the former lawes) satisfaction must bee given beside, to the woman for the dammage and for the paine. Maimony treat. of Hurts, chap. 4. Sect. [illegible: 1 word]. by the Iudges] as the Chaldee saith, by the sentence of the Iudges: the Greeke translateth it, with authoritie (or dignitie.) Vers. 23. thou give] speaking to the offender; wherefore the Greeke changeth person, hee shall give, as it was in verse 22. Otliers referre it to the Iudge; thou (Iudge) shalt give by thy sentence. soule] that is, life. Vers. 25. stripe] or waile; the print or marke of the blow in the flesh. And all these (except life for life,) [illegible: 1 word] Hebrew Doctors say, may bee redeemed by money; which they gather from Numb. 35. 31. he shall take no ransome for the life of a murderer: so that other maimes or hurts, are not forbidden to be satisfied for: and in respect of satisfaction, it is said (in Deut. 19. 21.) thi[illegible: 1 letter]e eye shall not pitie, &c. Maimony, in treat. of Hurts, chap. 1. Sect. 3. 4. Herein their opinion seemeth better than that of the Sadduces, which insisted upon the letter of the Law, to have limme for limme, and stripe for stripe, without redemption. Our Saviour more fully openeth his Fathers Law; for although the Magistrates must execute being called upon; yet the plaintifes are taught meekenesse and moderation, and not to avenge themselves, nor to resist the evill: but whosoever shall smite thee on the right cheeke, turne to him the other also, Matth. 5. 38. 39. Vers. 26. his man servant] or, his bond-man, of the heathen, not an Hebrew, of whom hee spake before, verse 2. Also his owne, not another mans servant. corrupt it] that is, perish it; and as the Greeke translateth, make it blinde. send him away] dismisse him free, from slaverie; without any other satisfaction, which he must make to all other. The Hebrew canons explaine it thus: He that hurteth a Canaanitish servant of his owne, is discharged, (from making satisfaction.) he that hurteth an Hebrew servant of his owne, is bound to make satisfaction for all (the five things before mentioned upon verse 19.) save for his losse of time. Hee that hurteth a Canaanitish servant of his neighbours, the master of the servant is to have all those five things mentioned, &c. Hee that smiteth his owne Canaanitish servant purposely, and bereaveth him of one of his limmes, which cannot be restored, must let him goe out free, and must give him a bill of dismission. None goe out free for losse of limme, but servants which are circumcised and baptised, &c. the servant which is yet in his paganisme, goeth not out for losse of limme. When he smites his servant on the eye, and somewhat decaieth the sight of it: on the tooth, and looseneth it: if hee can still use the service of them, hee goeth not out free; if not, he is to goe out free. If the servant had a dimme eye, or a loose tooth and the master makes the eye blinde, or the tooth fall out: if he had use of his eye or tooth to doe service with, then hee is to goe out free, otherwise not. If he smite out his servants tooth; or make his eye blinde against his will, as when he throweth a stone at a beast, and hitteth his servant, &c. the servant is not to goe out free therefore. These and the like limitations are shewed by Maimony in treat. of Hurts, chap. 4. Sect. 10. and treat. of Servants, chap. 5. Sect. 4. 5. 8. 9. 11. V. 27. for his tooth] and so by proportion for other parts, as an eare, a finger, or the like: yea if he strike him on the eare, and he become deafe thereby, or the like, he is to goe out free for the same, saith Maimony, treat. of Servants, chap. 5. Sect. 7. Ver. 28. an oxe] or, bull: and by proportion any other beast, that hurteth by pushing with the horne, kicking, biting, or any other way. Every living creature which is in the power of man, if it shall damnifie, the owners are bound to pay for it, because their goods have done the dammage. The Scripture speaketh not of the [illegible: 1 letter]xe but for an instance, saith Maimony, in Nizke Mammon, (or treat. of Dammages,) c. 1. Sect. 1. not be eaten] for detestation: God requiring mans blood at the hand even of beasts: as Gen. 9. 5. But how should it be eaten after it was stoned? This law teacheth, that when sentence is past upon it to be stoned, it is forbidden, and is made as an uncleane beast. So that if any before hand kill it after the lawfull manner of killing beasts, it is unlawfull for any use, or for the flesh thereof to be eaten. And so after it is stoned, it may not be sold, nor given to dogges, nor to infidels, &c. saith, Maimony, treat. of Forbidden meats, chap. 4. Sect. 22. innocent] unpunished: as verse 19. Vers. 29. in time past] Hebr. from yesterday, and the third day. So in verse 36. to his owner] and that before the Magistrate; as the Hebrew Doctors say, there is no testification but before the owners, and before the Synedrion (or Court,) Maimony, treat. of Dammages, chap. 6. Sect. 2. Vers. 30. of his soule] that is, of his life. But how much? For servants the summe is set, verse 32. for others, as the Iudges shall value the slaine. And the ransome is to be given unto the heires of him that is slain. Maimony, in Dammages. chap. 11. Sect. 1. 2. Vers. 31. a sonne] the Chaldee addeth a sonne of Israel, or a daughter of Israel. Vers. 32. thirtie shekels] or, shillings; in Greeke didrachmes: see the notes on Genes. 20. 16. This price is here set both for men and maid-servants, and as the Iewes explaine it, both for great and small, whether the servant were worth an hundred pounds, or not worth one, &c. Maimony, ibid. This thirty shekels was the goodly price, that our Lord Christ was valued at, or the vile Iewes, Zacharie 11. 12. 13. Matthew 26. 15. Vers. 33. or an asse] or any other beast, cattell, or fowle; the oxe and the asse is named but for an instance. But vessels (or instruments) that fall into a pit and are broken, the owner of the pit is not bound to pay for them. The law is, if an oxe fall, hee saith not if a man: or an asse he saith not a vessell. Although an oxe with his instruments fall in, and the oxe die, and the instruments be broken: the owner of the pit is bound to pay for the beast, but not for the instruments. Maimony, treat, of Dammages, chap. 12. Sect. 1. and chap. 13. Sect. 1. fall] that is, die there; as the words following manifest. Therefore the Hebrew canons set downe a scantling, how much is enough to kill a beast; if the pit or ditch be ten hand breadths (that is, two foot and a halfe) deepe. If it be any lesse, though an oxe or any beast fall into it and die, the owner of the pit (they say) is not bound to pay for it. Maimony, in the same booke, chap. 12. Sect. 10. Vers. 34. owner] or master: that is, the doer or occasioner of the doing thereof; in whom the fault lieth. Verse 35. oxe] or any other beast of his: as before is noted his neighbours oxe] This the Hebrew Doctors take strictly: and say, If an Israelites oxe push an oxe sanctified (unto God;) or an oxe that is sanctified doe push an Israelites oxe, he is not bound to [illegible: 1 span]y, (by th[illegible: 1 span]) for it is said, HIS NEIGHBOVRS OXE. Maimony, in Dammages, chap. 8. Sect. 1. the dead] the Chaldee paraphraseth, the price of the dead also. Vers. 36. be knowne] or, as the Greeke translateth, be made knowne: that is testified to the owner, as [illegible: 1 word] 29.