“Now these are the ordinances which you shall set before them:
ExplanationCommentary
Verse 1. Judgments, or laws directing the civil conduct of the Israelites. Menochius.
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“Now these are the ordinances which you shall set before them:
Verse 1. Judgments, or laws directing the civil conduct of the Israelites. Menochius.
“If you buy a Hebrew servant, he shall serve six years, and in the seventh he shall go out free without paying anything.
Verse 2. Servant, or slave. A man might sell himself and his children. But if they were females, under age, God prescribes how they are to be treated, verse 7.—Six years: in case he were brought immediately after the expiration of the Sabbatic law: none could be detained for a longer period. If a person lost his liberty in the fourth year after the general release, he would recover it in the space of two or three years at latest. Bible. Bonfrere.
If he comes in by himself, he shall go out by himself. If he is married, then his wife shall go out with him.
Verse 3. Raiment. Hebrew Gaph may signify also the body. “If he come (with his body) alone, let him so depart.” Septuagint Calmet.
If his master gives him a wife and she bears him sons or daughters, the wife and her children shall be her master’s, and he shall go out by himself.
But if the servant shall plainly say, ‘I love my master, my wife, and my children. I will not go out free;’
then his master shall bring him to God, and shall bring him to the door or to the doorpost, and his master shall bore his ear through with an awl, and he shall serve him forever.
Verse 6. To the gods: Elohim. That is, to the judges, or magistrates, authorized by God. Challoner.—In a matter of such consequence, great deliberation was requisite.—Posts, of his own house. This ceremony tended to punish the slave for neglecting his liberty, and shewed, that he should not pass the threshold any more without his master’s leave.—For ever; till the year of Jubilee, when all the Hebrews were to be set free. Leviticus 25:40. Menochius.
“If a man sells his daughter to be a female servant, she shall not go out as the male servants do.
Verse 7. Go out, to work in the fields, according to Grotius; or rather, to enjoy her liberty. A father who sold his daughter, always expected that she should be the wife of the purchaser, or of his son. If this did not take place, she was free after six years, or before, if her master died. Constantine sanctioned the power of the Romans to sell their children. The Phrygians and Thebans had the like custom. Calmet.
If she doesn’t please her master, who has married her to himself, then he shall let her be redeemed. He shall have no right to sell her to a foreign people, since he has dealt deceitfully with her.
If he marries her to his son, he shall deal with her as a daughter.
Verse 9. Daughters. When she is old enough to be married, he shall give her a dowry like his own daughter, or like a free woman. Bible.
If he takes another wife to himself, he shall not diminish her food, her clothing, and her marital rights.
Verse 10. Marriage. This seems to insinuate that she was divorced: but the best commentators suppose, that the introduction of the second wife was not to infringe the rights of the first. Hebrew “he shall not diminish her food, raiment, and dwelling,” but treat her as his wife. The Athenians required husbands to visit their wives thrice a month.—Price, and so forth A sufficient dowry, or the rights of marriage; “her company,” (omilian.) Sept.
If he doesn’t do these three things for her, she may go free without paying any money.
“One who strikes a man so that he dies shall surely be put to death,
Verse 12. With a will. The Hebrew and Septuagint do not express this, but the context shews it to be necessary.—Death, by the sword, as people soliciting idolatry to others were also. Eighteen crimes were punished with lapidation, ten with fire, or melting lead poured down their throats, and six with strangling. The royal tribunals always commanded the criminal’s head to be struck off. Calmet.—When the punishment is not defined, stoning must be understood; (Rabbins and Selden, Syned ii. 13.) at least when it is said, his blood be upon him. But when it is only determined that he shall die, Grotius understands he must be strangled, with towels put round the malefactor’s neck, while he stands up to the knees in a dunghill; (Drusius) as he does also when he is to be killed with melted lead. Murder was punished by the ancient Greeks with exile. Plato, and so forth “At that time it was deemed unlawful to inflict a capital punishment upon any, who, however criminal, were still men.” Lartant 2. But as these crimes became more frequent, God enacts this law of retaliation, blood for blood. Genesis 9:6. Ten paces from the place of execution, the criminal Hebrew had to confess his sin. Maimon. Calmet.
but not if it is unintentional, but God allows it to happen; then I will appoint you a place where he shall flee.
Verse 13. God. When a person was slain undesignedly, the Providence of God was to be adored in silence, as nothing happens without his permission. Bible. See Numbers 25:6.
If a man schemes and comes presumptuously on his neighbor to kill him, you shall take him from my altar, that he may die.
Verse 14. Altar, if he should flee thither for safety. No asylum was allowed to such murderers. Thus Joab was slain by Solomon. 3 Kennicott. 2:31. Menochius.
“Anyone who attacks his father or his mother shall be surely put to death.
Verse 15. Striketh, even though death should not ensue. But some require a grevious wound, and that the son should be twice admonished. Deuteronomy 21:18. Parricide seemed a crime so shocking and unnatural, that neither Moses nor Solon made any express law against it.
“Anyone who kidnaps someone and sells him, or if he is found in his hand, he shall surely be put to death.
“Anyone who curses his father or his mother shall surely be put to death.
Verse 17. Curseth, or speaking injuriously. The Athenians put such in prison.
“If men quarrel and one strikes the other with a stone, or with his fist, and he doesn’t die, but is confined to bed;
if he rises again and walks around with his staff, then he who struck him shall be cleared; only he shall pay for the loss of his time, and shall provide for his healing until he is thoroughly healed.
Verse 19. Staff, as people in health do, or even as a convalescent. In the mean time the other person was confined, and subjected to the law of retaliation, if the sick man lost either limb or life, verse 24. Calmet.
“If a man strikes his servant or his maid with a rod, and he dies under his hand, the man shall surely be punished.
Notwithstanding, if his servant gets up after a day or two, he shall not be punished, for the servant is his property.
Verse 21. Money, which purchased the slave. Hence, as he will be punished in some degree, and it is not absolutely certain that the slave died of his wounds, his master shall not be put to death. “They are slaves, (says Seneca, ep. 47,) but they are our fellow-slaves.” We have one common origin, and one master over us all. Job 31:13. Bible.—Many nations tolerated the murder of slaves by their masters. But this was contrary to reason and humanity, ( Calmet.) and condemned by many of the Roman laws. Christen.
“If men fight and hurt a pregnant woman so that she gives birth prematurely, and yet no harm follows, he shall be surely fined as much as the woman’s husband demands and the judges allow.
Verse 22. But live herself. So Josephus also reads, Ant. iv. 8. But Philo and the Septuagint have, “of a child unformed;” and verse 23, “But if the child be formed, (exeikonismenon, animated and organized) he shall give soul for soul;” as if all were referred to the child, which the Vulg. explains of the mother. To destroy the life of either was punished with death. “She who first taught the art of expelling the tender fœtus, deserved to perish by his own malice.” Ovid. Calmet.—The precise time when the soul begins to animate the body is so very uncertain, that, after conception, the person who should cause a miscarriage wilfully, would expose himself to incur the guilt of murder. Josephus, c. Ap. ii. shews how the Jews abhorred such wickedness. The Romans punished it with death. Bible.—Homicidii festinatio est prohibere nasci. Tert. apol. Onkelos says, that “if the mother should not die of the stroke, the offender was to satisfy the husband by paying a fine, to be awarded by the husband, or by the judges: but in case the mother died, he should render life for life:” ( Calmet.) in which decision he agrees with the Vulg. Bible.—The Hebrew is ambiguous, “If death ensue not.” Calmet.
But if any harm follows, then you must take life for life,
eye for eye, tooth for tooth, hand for hand, foot for foot,
Verse 24. Eye. “This law tended to restrain, not to encourage, fury and revenge.” Saint Augustine c. Faust. xix. 25. Some explain it, as if a sum of money could only be required, equivalent to the ransom of an eye, in case a person should be under a necessity of losing or of redeeming it. Muis. Jonathan.—Retaliation was not left to the injured party’s discretion. The judge was to decide. Christ enjoins what is more perfect, ordering us to turn the left cheek, when we have received a blow on the right. The canon law inflicts the punishment of retaliation upon the calumniator. Calmet.
burning for burning, wound for wound, and bruise for bruise.
“If a man strikes his servant’s eye, or his maid’s eye, and destroys it, he shall let him go free for his eye’s sake.
If he strikes out his male servant’s tooth, or his female servant’s tooth, he shall let the servant go free for his tooth’s sake.
“If a bull gores a man or a woman to death, the bull shall surely be stoned, and its meat shall not be eaten; but the owner of the bull shall not be held responsible.
Verse 28. Stoned, that he may do no more harm, and that the owner may be punished at least by this loss. Bible.—Sentence was passed by the 23 judges. By the Roman law, the animal which struck a man was forfeited to him ( Calmet.); and its master had to make good all damages. Justinian iv. 9.
But if the bull had a habit of goring in the past, and this has been testified to its owner, and he has not kept it in, but it has killed a man or a woman, the bull shall be stoned, and its owner shall also be put to death.
If a ransom is imposed on him, then he shall give for the redemption of his life whatever is imposed.
Whether it has gored a son or has gored a daughter, according to this judgment it shall be done to him.
If the bull gores a male servant or a female servant, thirty shekels of silver shall be given to their master, and the ox shall be stoned.
Verse 32. Bond man, and so forth of any of those uncircumcised nations, (Jonathan) whom it was lawful to put to death; and hence their life was esteemed of less value. Bible.—Sicles. Septuagint “didrachmas.” This was the price of a slave, for which our Saviour was sold: that of a free-man was double. Calmet.
A shekel is about 10 grams or about 0.35 ounces, so 30 shekels is about 300 grams or about 10.6 ounces.
“If a man opens a pit, or if a man digs a pit and doesn’t cover it, and a bull or a donkey falls into it,
the owner of the pit shall make it good. He shall give money to its owner, and the dead animal shall be his.
“If one man’s bull injures another’s, so that it dies, then they shall sell the live bull, and divide its price; and they shall also divide the dead animal.
Or if it is known that the bull was in the habit of goring in the past, and its owner has not kept it in, he shall surely pay bull for bull, and the dead animal shall be his own.