Matthew Poole and continuators on Exodus 21

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.