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Exodus Chapter
Twenty-one
New King James Version
(NKJV)
INTRODUCTION TO
EXODUS 21
In this
and the two
following chapters
are delivered various laws and precepts
partly of a moral
and partly of a religious
but chiefly of a civil nature
respecting the
commonwealth of Israel
and its political good. This chapter treats of
servants
and laws relating to them; to menservants
how long they shall serve
and what is to be done to those who are desirous of staying with their masters
after their time is up
Exodus 21:1
to
maidservants
and especially betrothed ones
either to a father or a son
Exodus 21:7
likewise it contains laws concerning the slaughter of men
whether with design
or unawares
Exodus 21:12
and
concerning the ill usage of parents
Exodus 21:15
and
man stealing
Exodus 21:16 and of
mischief that comes by men's quarrelling and fighting
Exodus 21:18 and by
smiting a man or maidservant
Exodus 21:20
to a
woman with child
that is
by means of men's striving and contending with each
other
Exodus 21:22 and of
damages that come by oxen
or to them
Exodus 21:28.
Exodus 21:1 “Now
these are the judgments which you shall set before them:
YLT 1`And these [are] the judgments which thou
dost set before them:
Now these are
the judgments
.... The judicial laws respecting the civil state of the people
of Israel
so called because they are founded on justice and equity
and are
according to the judgment of God
whose judgment is according to truth; and
because they are such by which the commonwealth of Israel was to be judged or
governed
and were to be the rule of their conduct to one another
and a rule
of judgment to their judges in the execution of judgment and justice among
them:
which thou
shall set before them; besides the ten commands before delivered. They were spoken by
God himself in the hearing of the people; these were delivered to Moses after
he went up to the mount again
at the request of the people
to be their
mediator
to be by him set before them as the rule of their behaviour
and to
enjoin them the observance of them; in order to which he was not only to
rehearse them
but to write them out
and set them in a plain and easy light
before them: and though they did not hear these with their own ears from God
himself
as the ten commands; yet
as they had the utmost reason to believe
they came from him
and it was at their own request that he
and not God
might
speak unto them what was further to be said
with a promise they would obey it
as if they had immediately heard it from him; it became them to receive these
laws as of God
and yield a cheerful obedience to them; nor do we find they
ever questioned the authority of them; and as their government was a Theocracy
and God was more immediately their King than he was of any other people
it was
but right
and what might be expected
that they should have their civil laws
from him
and which was their privilege
and gave them the preference to all
other nations
Deuteronomy 4:5.
Exodus 21:2 2 If
you buy a Hebrew servant
he shall serve six years; and in the seventh he shall
go out free and pay nothing.
YLT 2`When thou buyest a Hebrew servant -- six
years he doth serve
and in the seventh he goeth out as a freeman for nought;
If thou buy an
Hebrew servant
.... Who sells himself either through poverty
or rather is sold
because of his theft
see Exodus 22:3 and so
the Targum of Jonathan paraphrases it
"when ye shall buy for his theft
a
servant
a son of an Israelite;'agreeably to which Aben Ezra observes
this
servant is a servant that is sold for his theft; and he says
it is a tradition
with them
that a male is sold for his theft
but not a female; and the persons
who had the selling of such were the civil magistrates
the Sanhedrim
or court
of judicature; so Jarchi
on the text
says
"if thou buy"
&c.
that is
of the hand of the sanhedrim who sells him for his theft:
six years he
shall serve; and no longer; and the Jewish doctors sayF4Maimon.
& Bartenora in Misn. Kiddushin
c. 1. sect. 2.
if his master dies within
the six years he must serve his son
but not his daughter
nor his brother
nor
any other heirs:
and in the
seventh he shall go out free for nothing; without paying any money
for his freedom
as it is explained Exodus 21:11
nay
on the other hand
his master was not to send him away empty
but furnish him
liberally out of his flock
floor
and wine press
since his six years'
servitude was worth double that of an hired servant
Deuteronomy 15:13
and his freedom was to take place as soon as the six years were ended
and the
seventh began
in which the Jewish writers agree: the Targum of Jonathan is
at
the entrance of the seventh; and Aben Ezra's explanation is
at the beginning
of the seventh year of his being sold; and MaimonidesF5Hilchot
Abadim
c. 2. sect. 2. observes the same. Now as this 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 his theft
his robbing God of his glory by the
transgression of his precepts; so likewise
in his being made free
he was an
emblem of that liberty wherewith Christ
the Son of God
makes his people free
from the said bondage
and who are free indeed
and made so freely without
money
and without price
of pure free grace
without any merit or desert of
theirs; and which freedom is attended with many bountiful and liberal blessings
of grace.
Exodus 21:3 3 If
he comes in by himself
he shall go out by himself; if he comes in
married
then his wife shall go out with him.
YLT 3if by himself he cometh in
by himself he
goeth out; if he [is] owner of a wife
then his wife hath gone out with him;
If he came in
by himself
he shall go out by himself
.... That is
if he came
into his servitude "alone"
as the Septuagint version has it
he
should go out of it in like manner; the word for "by himself"
some
interpret with "his garment"F6בגפו
"cum quali veste"
V. L. "cum veste sua"; some in Vatablus
& Drusius.
or the skirt of one; and then the sense seems to be
that as
he was clothed when he was sold
so he should be when made free: but rather the
phrase literally is "with his body"F7"Cum corpore
suo"
Munster
Pagninus
Vatablus
Drusius; "solus corpore suo"
Junius & Tremellius; "cum solo corpore suo"
Piscator. ; not his
naked body
or as destitute of raiment
and the necessaries of life; for
as
before observed
his master was to furnish him liberally with good things: but
the plain meaning is
that if he was a single or unmarried man when he entered
his master's service
he should go out
so; or as a Jewish writerF8R.
Sol. Urbin. Ohel Moed
fol. 15. 1. expresses it
as if he should say
with his
body
without another body with him
who is his wife
as appears by what
follows; unless his master should give him a wife while in his service
which
is supposed in the next verse
and even then he was to go out alone
if he
chose to go out at all; though Jarchi says
if he was not married at first
his
master might not give him a Canaanitish woman to beget slaves of her:
if he were
married
then his wife shall go with him; that is
if he had a
wife
a daughter of Israel
as the Targum of Jonathan; or an Israelitish woman
as Jarchi
and had her at his coming; for otherwise
if it was one his master
after gave him
she might not go out
as appears by the following verse; but
being his wife before his servitude
and an Israelitish woman
was not the
master's bondmaid
nor bought with his money
and therefore might go out free
with her husband.
Exodus 21:4 4 If
his master has given him a wife
and she has borne him sons or daughters
the
wife and her children shall be her master’s
and he shall go out by himself.
YLT 4if his lord give to him a wife
and she hath
borne to him sons or daughters -- the wife and her children are her lord's
and
he goeth out by himself.
If his master
have given him a wife
.... One of his slaves
a Canaanitish woman
on purpose to beget
slaves on her
since all born in his house were his own; this is supposed to be
after he was come into his house
and into his service:
and she have
born him sons or daughters; as she might have born him several of the
one sort
or the other
if she was given to him quickly after his servitude
began:
the wife and
her children shall be her master's: she being his slave
and
bought with his money
he had a right unto her
and to the children belonging
to her
the birth following the belly; and being born in his house
they were
also his. Jarchi here observes
that the Scripture speaks of a Canaanitish
woman
for an Hebrew woman went out at the sixth year
and even before the
sixth
if she produced the signs
that is
of puberty:
and he shall go
out by himself; without his wife and children: if it be objected to this law
that it is contrary to the law of marriage
which is indissoluble
but by this
dissolved; it may be replied
that the servant was not obliged by it to leave
his wife
unless he chose it; on complying with certain conditions after
mentioned
he might continue with her; besides
she was
according to Jarchi
but his secondary wife
and not only so
the marriage was not lawful
being
with a Canaanitish woman
and not agreeable to the Lord; and being also her
master's slave
to whom he had a right
he could retain her if he pleased
having only given her to his servant to beget slaves on for him.
Exodus 21:5 5 But
if the servant plainly says
‘I love my master
my wife
and my children; I will
not go out free
’
YLT 5`And if the servant really say: I have loved
my lord
my wife
and my sons -- I do not go out free;
And if the
servant shall plainly say
.... Or
"in saying shall say"F9אמר יאמר shall express himself in
plain and full terms
and repeat his words
and abide by them
signifying it as
his last will and determined resolution:
I love my
master
my wife
and my children
and I will not go out free; but continue
in his servitude
having a great affection for his master
and that he might
enjoy his wife and children he dearly loved; and being animated with such a
principle
his servitude was a pleasure to him: and when our obedience to God
springs from love to him
and to his cause and interest
which should be as
dear to us as our families
it is then acceptable to God and delightful to
ourselves; in Deuteronomy 15:16
it is
because
he loveth thee
and thine house
because he is well with thee; hence the
Jewish writers sayF11T. Bab. Kiddushin
fol. 22. 1. Maimon. in Misn.
Kiddushin
c. 1. sect. 2.
understanding by "house" a family
if a
servant has a wife and children and his master not
his ear is not to be bored;
and if his master has a wife and children and he has not
his ear is not to be
bored; if he loves his master and his master do not love him
or his master
loves him and he do not love his master
or if he is sick
&c. his ear is
not to be bored.
Exodus 21:6 6 then
his master shall bring him to the judges. He shall also bring him to the door
or to the doorpost
and his master shall pierce his ear with an awl; and he
shall serve him forever.
YLT 6then hath his lord brought him nigh unto God
and hath brought him nigh unto the door
or unto the side-post
and his lord
hath bored his ear with an awl
and he hath served him -- to the age.
Then his master
shall bring him unto the judges
.... To Elohim
to God
to the judgment seat
of God
according to the Septuagint; to some person or persons to inquire of
God what is to be done in such a case; but this seems needless
since it is
here declared: no doubt civil magistrates or judges are meant by Elohim
or the
gods
as in Psalm 82:1
and so
Jarchi interprets it of the house of judgment
or sanhedrim
the court that had
convicted the servant of theft
and had sold him to him
it was proper he
should acquaint them with it
have their opinion about it; and especially it
was proper to have him to them
that he might before them
even in open court
declare his willingness to abide in his master's service; and from whom
as the
Targum of Jonathan
he was to receive power and authority to retain him in his
service:
he shall also
bring him to the door
or to the doorpost; either of the gate of
the city
where the judges were sitting
before whom what follows was to be
done
as Aben Ezra suggests; or rather the door of his master
or any other
man's
as MaimonidesF12Hilchot Abadim
c. 3. sect. 9. :
and his master
shall bore his ear through with an awl; or with a needle
as the
Targum of Jonathan
which also says it was the right ear; and so Jarchi; and
the upper part of it
as says Maimonides
who likewise observes
that that with
which it is bored must be of metal; and moreover
that it is the master himself
that must do it
and not his son
nor his messenger
nor a messenger of the
sanhedrimF13Ibid. : the ear is an hieroglyphic of obedience
and the
boring of it through to the doorpost denotes the strict and close obedience of
such a servant to his master
and how he is
and ought to be
addicted to his service
and be constantly employed in it
and never stir from it
nor so much as go
over the threshold of his master's house. This custom of boring a servant's ear
continued in Syria till the times of Juvenal
as appears by some lines of his:F14"----Molles
quod in aure fenestrae Arguerint
licet ipse negem?" Satyr. 1. .
and he shall
serve him for ever; as long as he livesF15"Serviet in aeternum
qui
parvo nesciet uti". Horat. ; however
until the year of jubilee
as the
Targum of Jonathan
and so Jarchi; if there was one before his death
for
nothing else could free him; denoting freedom by Christ in his acceptable year
and day of salvation.
Exodus 21:7 7 “And
if a man sells his daughter to be a female slave
she shall not go out as the
male slaves do.
YLT 7`And when a man selleth his daughter for a
handmaid
she doth not go out according to the going out of the men-servants;
And if a man
sell his daughter to be a maidservant
.... That is
if an
Israelite
as the Targum of Jonathan
sells his little daughter
as the same
Targum
and so Jarchi and Aben Ezra
one that is under age
that is not arrived
to the age of twelve years and a day
and this through poverty; he not being
able to support himself and his family
puts his daughter out to service
or
rather sells her to be a servant:
she shall not
go out as the menservants do; that are sold
before described; or rather
according to the Targum
"as the Canaanitish servants go out
who are made
free
because of a tooth
or an eye
(the loss of them
Exodus 21:26) but
in the years of release
and with the signs (of puberty)
and in the jubilee
and at the death of their masters
with redemption of silver
'so Jarchi.
Exodus 21:8 8 If
she does not please her master
who has betrothed 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.
YLT 8if evil in the eyes of her lord
so that he
hath not betrothed her
then he hath let her be ransomed; to a strange people
he hath not power to sell her
in his dealing treacherously with her.
If she please
not her master
.... "Be evil in the eyes of her master"F16רעה בעיני "mala in
oculis"
Montanus; "mala videbitur in oculis"
Junius &
Tremellius; "mala fuerit in oculis"
Drusius. ; and he has no liking
of her
and love to her
not being agreeable in her person
temper
or conduct
so that he does not choose to make her his wife:
who hath
betrothed her to him; but not completed the marriage
as he promised
when he bought
her
or at least gave reason to expect that he would; for
according to the
Jewish canons
a Hebrew handmaid might not be sold but to one who laid himself
under obligation to espouse her to himself
or his son
when she was fit to be
betrothedF17Maimon. Hilchot Abadim
c. 4. sect. 11. & in Misn.
Kiddushin
c. 1. sect. 2. ; and so Jarchi says
he ought to espouse her
and
take her to be his wife
for the money of her purchase is the money of her
espousals. There is a double reading of this passage
the Keri
or marginal
reading we follow; the Cetib
or written text
is
"who hath not betrothed
her"
both may be taken in
"who hath not betrothed her to him"
as he said he would
or as it was expected he should; for
had she been really
betrothed
what follows could not have been done:
then shall he
let her be redeemed; she being at age
and fit for marriage
and her master not
caring to marry her
her father shall redeem her
as the Targum of Jonathan; it
was incumbent on him to do that
as it was on her master to let her be
redeemed
to admit of the redemption of her; or whether
as Aben Ezra says
she
redeemed herself
or her father
or one of her relations
if she was near the
six years (the end of them)
they reckoned how many years she had served
and
how many were yet to the seventh
or to the time that she is in her own power
and according to the computation was the redemption: thus
for instance
as it
is by othersF18Bartenora in Kiddush. ib. put
if she was bought for
six pounds
then one pound is the service of every year; and if she redeemed
herself
her master took off of the money for the years she had served; or thusF19Maimon.
in ib.
if she was bought for sixty pence
and had served two years
he must
pay her forty pence
and so free her:
to sell her
unto a strange nation
he shall have no power; that is
to another man
as
both the Targums of Onkelos and Jonathan
even to an Israelite that was of
another family
to whom the right of redemption did not belong; for to sell an
Israelite
man or woman
to a Gentile
or one of another nation
was not
allowed of in any case
as JosephusF20Antiqu. l. 16. c. 1. sect. 1.
observes; but the meaning is
he had no power to sell her to another
though of
the same nation
to be his handmaid; this power neither her master nor her
father had
as Jarchi asserts
she being redeemed
and in her own power:
seeing he hath
dealt deceitfully with her; in not fulfilling his promise made to her
father when he sold her to him
or not answering the expectation he had raised
in her; and especially he dealt thus with her
if he had corrupted her
and yet
refused to betroth and marry her.
Exodus 21:9 9 And
if he has betrothed her to his son
he shall deal with her according to the
custom of daughters.
YLT 9`And if to his son he betroth her
according
to the right of daughters he doth to her.
And if he have
betrothed her unto his son
.... Not caring to betroth and marry her
himself
as being more suitable in age for his son than for himself:
he shall deal
with her after the manner of daughters; as if she was his
daughter
and give her a dowry: or the son shall treat her after the manner the
daughters of Israel are treated when married
by giving her food
raiment
and
the duty of marriage
so Jarchi: or after the manner of the daughters of Israel
that are virgins
and who are not sold
as Aben Ezra.
Exodus 21:10 10 If
he takes another wife
he shall not diminish her food
her clothing
and
her marriage rights.
YLT 10`If another [woman] he take for him
her
food
her covering
and her habitation
he doth not withdraw;
If he take him
another wife
.... The father takes another wife for his son
or the son takes
another wife to himself after he has betrothed and married his father's
maidservant:
her food
her
raiment
and her duty of marriage
shall he not diminish; neither deny
it her in whole
nor lessen it in part
but give her her full due of each. What
is meant by the two former words is easy
and admits of no difficulty
the latter
is differently interpreted. Some take it to signify no other than an
"habitation"F21ענתה
"habitationem ejus"
Montanus
Junius & Tremellius; so some in
Aben Ezra. Vid. Pfeiffer. "dubia vexata"
cent. 1. loc. 97.
that as
he was to provide food and raiment for her
so an house to dwell
in; but the
generality of interpreters
Jewish and Christian
understand it as we do
of
the conjugal duty
the use of the marriage bed
or what the apostle calls due
benevolence
1 Corinthians 7:3.
The word is thought to have the signification of a fixed time for it; and the
Misnic doctorsF23Misn. Cetubot
c. 5. sect. 6. are very particular
in assigning the set times of it for different persons; and in those countries
where there were
and where there still are
plurality of wives
each had
and
have their turns
see Genesis 30:15.
Exodus 21:11 11 And if he does not do
these three for her
then she shall go out free
without paying money.
YLT 11and if these three he do not to her
then she
hath gone out for nought
without money.
And if he do
not these three unto her
.... Not the three things last mentioned; though this sense
Aben
Ezra says
many of their interpreters give
which is rejected by him
so do
some Christian expositors; but these three things are
espousing her to
himself
or to his son
or redeeming her by the hand of her father; that is
letting her be redeemed by him
as the Targum of Jonathan; and so Jarchi
Aben
Ezra
and Ben Melech: the meaning is
if one or other of these things are not
done:
then shall she
go out free without money; be dismissed from her servitude
and not
obliged to pay anything for her freedom; the Targum of Jonathan adds
he shall
give her a bill of divorce; that is
the son to whom she had been betrothed
and another wife taken by him
and she denied the above things; which favours
the first sense.
Exodus 21:12 12 “He
who strikes a man so that he dies shall surely be put to death.
YLT 12`He who smiteth a man so that he hath died
is certainly put to death;
He that smiteth
a man
so that he die
.... The Targum of Jonathan is
that smites a man or daughter of
Israel with the sword; but there is no need to restrain the words either to
persons of any certain nation
nor to any instrument with which a person may be
smitten as to die: but any human person
man
woman
or child
of whatsoever
nation
and they smitten with anything whatever
that issues in their death:
shall surely be
put to death; by the order of the civil magistrate
and by the hand of such as
shall be appointed by him; for this is the original law of God
Genesis 9:6.
Exodus 21:13 13 However
if he did not lie in wait
but God delivered him into his hand
then I
will appoint for you a place where he may flee.
YLT 13as to him who hath not laid wait
and God
hath brought to his hand
I have even set for thee a place whither he doth
flee.
And if a man
lie not in wait
.... For the life of another to take it away; or does not do it
willingly
as the Septuagint version
does not seek after it
nor design it:
but God
delivers him into his hand; it being suffered and ordered by the
providence of God
without whose knowledge and will nothing comes to pass
even
what may seem to be a contingent thing
or matter of chance
to us; or it is so
brought about in providence
that one man falls into the hands of another
and
his life is taken away by him
though not purposely and maliciously; because
as Aben Ezra expresses it
for another sin which he has committed
and for
which he must die in this way
though not intended by the person the more immediate
cause of his death:
then I will
appoint thee a place whither he shall flee; and there be safe both
from the avenger of blood
and the civil magistrate; which place
while Israel
were in the wilderness
was the camp of the Levites
according to Jarchi
or
the altar
as follows; but when they were come to Canaan's land
there were
cities of refuge appointed for such persons
that killed a man unawares
to
flee to
and where they were safe from private vengeance
and falling a
sacrifice to public justice.
Exodus 21:14 14 “But
if a man acts with premeditation against his neighbor
to kill him by
treachery
you shall take him from My altar
that he may die.
YLT 14`And when a man doth presume against his
neighbour to slay him with subtilty
from Mine altar thou dost take him to die.
But if a man
come presumptuously upon his neighbour
to slay him with guile
.... That
comes with malice in his heart
with wrath in his countenance
in a bold
daring
hostile manner
using all the art
cunning
and contrivance he can
to
take away the life of his neighbour; no asylum
no refuge
not anything to
screen him from justice is to be allowed him: hence
a messenger of the sanhedrim
or an executioner
one that inflicts the forty stripes
save one
or a
physician
or one that chastises his son or scholar
under whose hands persons
may die
do not come under this law; for though what they do they may do
wilfully
yet not with guile
as Jarchi and others observe
not with an ill
design
but for good:
thou shalt take
him from mine altar
that he may die: that being the place which in early times
criminals had recourse unto
Joab and others
as well as in later times
to
secure them from vengeance; but a man guilty of wilful murder was not to be
protected in this way; and the Targum of Jonathan is
"though he is a
priest
(the Jerusalem Targum has it
an high priest
) and ministers at mine
altar
thou shalt take him from thence
and slay him with the sword
'so Jarchi;
but the law refers not to a person ministering in his office at the altar of
the Lord
but to one that should flee there for safety
which yet he should not
have.
Exodus 21:15 15 “And
he who strikes his father or his mother shall surely be put to death.
YLT 15`And he who smiteth his father or his mother
is certainly put to death.
And he that
smiteth his father or his mother
.... With his fist
or
with a stick
or cane
or such thing
though they died not with the blow
yet
it occasioned any wound
or caused a bruise
or the part smitten black and
blue
or left any print of the blow; for
as Jarchi says
the party was not
guilty
less by smiting there was a bruise
or weal
made
or any mark or scar:
but if so it was
then he
shall be surely
put to death; the Targum of Jonathan adds
with the suffocation of a napkin;
and so Jarchi says with strangling; the manner of which was this
the person
was sunk into a dunghill up to his knees
and two persons girt his neck with a
napkin or towel until he expired. This crime was made capital
to show the
heinousness of it
how detestable it was to God
and in order to deter from it.
Exodus 21:16 16 “He
who kidnaps a man and sells him
or if he is found in his hand
shall surely be
put to death.
YLT 16`And he who stealeth a man
and hath sold him
and he hath been found in his hand
is certainly put to death.
And he that
stealeth a man
and selleth him
.... One of the children of Israel
as the
Targums of Onkelos and Jonathan
and so the Septuagint version: but though this
law was given to the Israelites primarily
yet was made for men stealers in
general
as the apostle observes
who plainly has reference to it
1 Timothy 1:9
or if he be
found in his hand; before the selling of him
as Jarchi notes
since he stole him
in order to sell him
he was guilty of death
as follows:
he shall surely
be put to death; with strangling
as the same Jewish writer remarks
as on the
preceding verse; and Jarchi sets it down as a rule
that all death in the law
simply expressed
is strangling.
Exodus 21:17 17 “And
he who curses his father or his mother shall surely be put to death.
YLT 17`And he who is reviling his father or his
mother is certainly put to death.
And he that
curseth his father
or his mother
.... Though he does not
smite them with his hand
or with any instrument in it
yet if he smites them
with his tongue
reviles and reproaches them
speaks evil of them
wishes
dreadful imprecations upon them
curses them by the name explained
as the
Targum of Jonathan calls it
by the name Jehovah
wishing the Lord would curse
them
or that his curse might light upon them
see Proverbs 20:20
shall surely be
put to death; or be killed with casting stones on him
as the Targum of
Jonathan
or with stoning; so Jarchi
who observes
that wherever it is said
"his blood be upon him"
it is meant of stoning
as it is of the man
that curses his father or his mother
Leviticus 20:9 which
was after this manner
the place of stoning was two cubits high
to which the
malefactor with his hands bound was brought; from whence one of the witnesses
against him cast him down headlong
of which
if he did not die
then they took
up stones and cast on him
and if he died not through them
then all Israel
came and stoned him; that is
the multitude upon the spot: this verse in the
Septuagint version follows Exodus 21:15
with
which it agrees
both respecting the same persons.
Exodus 21:18 18 “If
men contend with each other
and one strikes the other with a stone or with his
fist
and he does not die but is confined to his bed
YLT 18`And when men contend
and a man hath smitten
his neighbour with a stone
or with the fist
and he die not
but hath fallen
on the bed;
And if men
strive together
.... Quarrel and fight
and wrestle with and box one another:
and one smite
another with a stone; which lying near him he might take up
and in his passion throw
it at his antagonist:
or with his
fist; with his double fist
as we express it
with his hand closed
that it might come with the greater force
and give the greater blow:
and he die not
but keepeth his bed; does not die with the blow of the stone or fist
yet receives so
much damage by it that he is obliged to take to his bed; or
as the Targum of
Jerusalem paraphrases it
is cast on the bed sick; or
as the Targum of
Jonathan
falls into a disease
as a fever
or the like
through the force of
the blow
so that he is confined to his room and to his bed.
Exodus 21:19 19 if
he rises again and walks about outside with his staff
then he who struck him
shall be acquitted. He shall only pay for the loss of his time
and
shall provide for him to be thoroughly healed.
YLT 19if he rise
and hath gone up and down without
on his staff
then hath the smiter been acquitted; only his cessation he
giveth
and he is thoroughly healed.
If he rise
again
.... From his bed
or from his disease
as the last mentioned
Targum
recovers again
at least so far as to be able to do what follows:
and walk abroad
upon his staff; if he is able to get out of his bed
and especially out of his
house
and can be seen walking about in the street or in the field
though he
is obliged to make use of a staff
and lean upon it
being yet weak and sickly:
then shall he
that smote him be quit; from the judgment of slaying
as the Targum
he shall not be
charged with manslaughter
or be found guilty of a capital crime
but
discharged from that:
only shall he
pay for the loss of his time; as much as he could have got in that time
by his labour
from which he was obliged to cease: the Jewish writers add other
things also he was to pay for
as the Targum of Jonathan
particularly; as for
his pain
and for his loss of any member
and for his shame and disgrace
as
well as the physician's fee
which is supposed to be included in the next
clause:
and cause him
to be thoroughly healed; take care that he has a physician or surgeon
and that the
proper medicines be applied
and those continued until he is quite well; all
which must be at the expense of the smiter.
Exodus 21:20 20 “And
if a man beats his male or female servant with a rod
so that he dies under his
hand
he shall surely be punished.
YLT 20`And when a man smiteth his man-servant or
his handmaid
with a rod
and he hath died under his hand -- he is certainly
avenged;
And if a man
smite his servant or his maid with a rod
.... A Canaanitish
servant or maid
as the Targum of Jonathan
and so Jarchi; and that only with a
rod for the correction of them
and not with a sword or any such destroying
weapon
which would seem as though he intended to kill
yet nevertheless:
and he die
under his hand; immediately
while he is smiting or beating him or her
on the
same day
as the above Targum interprets it:
he shall be
surely punished; or condemned to the punishment of being slain with the sword
as
the said Targum and Jarchi explain it: this law was made to deter masters from
using severity and cruelty towards their servants.
Exodus 21:21 21 Notwithstanding
if he
remains alive a day or two
he shall not be punished; for he is his
property.
YLT 21only if he remain a day
or two days
he is
not avenged
for he [is] his money.
Notwithstanding
if he continue a day or two
.... And does not die immediately
or the
same day
but lives twenty four hours
as the Jewish writers interpret it; so
AbendanaF24Not. in Miclol Yophi in loc. explains the phrase
"a
day or two";"a day which is as two days
and they are twenty four
hours from time to time
'that is
from the time he was smitten to the time of
his continuance; and so it is elsewhere explainedF25Maimon. &
Bartenora in Misn. Zabim
c. 2. sect. 3. by a day we understand a day
which is
like two days
that is
from time to time
the meaning of which is
from a
certain time in one day to the same in another:
he shall not be
punished; that is
with death:
for he is
his money; is bought with his money
and is good as money
and therefore it
is a loss sufficient to him to lose him; and it may be reasonably thought he
did not smite his servant with an intention to kill him
since he himself is
the loser by it.
Exodus 21:22 22 “If
men fight
and hurt a woman with child
so that she gives birth prematurely
yet no harm follows
he shall surely be punished accordingly as the woman’s
husband imposes on him; and he shall pay as the judges determine.
YLT 22`And when men strive
and have smitten a
pregnant woman
and her children have come out
and there is no mischief
he is
certainly fined
as the husband of the woman doth lay upon him
and he hath
given through the judges;
If men strive
.... Quarrel
and fight with one another
which is to be understood of Hebrews
as Aben Ezra
observes:
and hurt a
woman with child; who being the wife of one of them
and also an Israelitish
woman
interposes to part them
or help her husband; but the other
instead of
striking his antagonist as he intended
gives her a blow:
so that her
fruit depart from her; or
"her children go forth"F26ויצאו ילדיה "et egressi
fuerint nati ejus"
Pagninus
Montanus
Vatablus
Drusius.
out of her
womb
as she may have more than one; through the fright of the quarrel
and
fear of her husband being hurt
and the blow she received by interposing
might
miscarry
or
falling into labour
come before her time
and bring forth her
offspring sooner than expected:
and yet no
mischief follow: to her
as the Targum of Jonathan
and so Jarchi and Aben Ezra
restrain it to the woman; and which mischief they interpret of death
as does
also the Targum of Onkelos; but it may refer both to the woman and her
offspring
and not only to the death of them
but to any hurt or damage to
either of them: now though there was none of any sort:
he shall surely
be punished; that is
be fined or mulcted for striking the woman
and
hastening the childbirth:
according as
the woman's husband will lay upon him; and he shall pay as the judges determine; the husband
might propose what fine should be paid
and might ask it in court; and if the
smiter agreed to it
well and good
but if he judged it an exorbitant demand
he might appeal to the judges; for the husband might not lay what fine he
pleased: this
if disputed
was to be decided by the judges
and as they
determined it
it was paid; of which MaimonidesF1Hilchot Chobel
Umazzik
c. 4. sect. 1. 2. gives this account:"he that strikes a woman
and her fruit depart
though he did not intend it
is obliged to pay the price
of the birth to the husband
and for hurt and pain to the woman; how do they
estimate the price of the birth? they consider the woman how well she was
before she brought forth
and how well she is after she has brought forth
and
they give it to the husband; if the husband be dead
they give it to the heirs;
if she is stricken after the death of her husband
they give the price of the
birth to the woman.'
Exodus 21:23 23 But
if any harm follows
then you shall give life for life
YLT 23and if there is mischief
then thou hast
given life for life
And if any
mischief follow
.... According as that is
so shall it be done to the smiter: if
death follows:
then thou shalt
give life for life; if death to the woman
so Jarchi and Aben Ezra interpret it; to
which agrees the Targum of Jonathan
"but if there is death in her
then ye
shall judge or condemn the life of the murderer for the life of the
woman;'about which
Jarchi says
there is a difference among their doctors;
some say life properly
absolutely the person himself; others say money
but
not life properly; for he that intends to kill one and kills another is
acquitted from death
but must pay to the heirs the price (of the person
killed) as that person might be sold for in the market: and indeed it seems
hard that a person that kills another at unawares should die for it; it is more
reasonable that the punishment should in such a case be commuted for something
less than life; and that though no satisfaction was to be taken for a wilful
murderer
Numbers 35:31
yet
it seems to imply that it might be taken for one that was so without design; as
by another law cities of refuge are appointed for the manslayer at unawares:
the canons of the Jews
according to MaimonidesF2Chobel Umazzik
c.
4. sect. 5. 6.
run thus;"he that strikes a woman
and she miscarries and
dies
although it is done ignorantly; lo
such an one is free from payment
and
he does not pay anything
as it is said
"if there is no mischief
&c." the Scripture does not distinguish between what is done
ignorantly and presumptuously
in a thing in which there is not death by the
sanhedrim
to free him from payment; in what things? when he intends the woman;
but if he intends his neighbour and strikes the woman
though she dies
since
her death is
without intention
lo
this is a thing in which there is not
death by the sanhedrim
and he pays the price of the birth:'the Septuagint
version interprets this
not of the woman that miscarries and dies
but of the
child that becomes an abortive; if that was not formed and shaped
then only a
fine was to be laid
but if it was come to its proper form and shape
and so
was animated or quickened
then life was to go for life: and so
according to
the Salic laws
he that killed an infant in its mother's womb was to pay 8000
pence
which made two hundred shillings; but if he was the cause of a woman's
miscarriage
by blows or otherwise
if the birth was animated
according to the
civil law
he was to be punished with deathF3Vid L'Empereur in Misn.
Bava Kama
c. 3. sect. 2. : but one would think
where this is only accidental
and not intended
such a punishment is too rigid and severe: however
neither
this nor what follows were left to the will of a private person to inflict at
his pleasure
but to the civil magistrate; and therefore no ways encourages
private revenge
in favour of which it was applied by the Pharisees in Christ's
time
whose gloss he refutes
Matthew 5:38 nor
are the words directed to the offender in this and the following cases
but to
Moses
and so to all judges under him and in succession
who were to see these
laws put in execution.
Exodus 21:24 24 eye
for eye
tooth for tooth
hand for hand
foot for foot
YLT 24eye for eye
tooth for tooth
hand for hand
foot for foot
Eye for eye
tooth for tooth
hand for hand
foot for foot. This is "lex
talionis"
the law of retaliation
and from whence the Heathens had
theirs; but whether this is to be taken strictly and literally
or only for
pecuniary mulcts
is a question; JosephusF4Antiqu. l. 4. c. 33. 35.
understands it in the former sense
the Jewish writers generally in the latter;
and so the Targum of Jonathan paraphrases it;"the price of an eye for an
eye
&c.'Jarchi on the place observes
that
"he that puts out his
neighbour's eye must pay him the price of his eye
according to the price of a
servant sold in the market
and so of all the rest; for not taking away of
members strictly is meant
as our doctors here interpret it;'in a place he
refers to
and to which Aben Ezra agrees; and of the difference and dispute
between the Jews concerning this matter; see Gill on Matthew 5:38 and
indeed
though these laws of retaliation should
according to the letter of
them
be attended to as far as they can; yet
in some cases
it seems necessary
that they should not be strictly attended to
but some recompence made in
another way
and nothing seems more agreeable than a pecuniary one: thus
for
instance
this law cannot be literally executed
when one that has never an eye
puts out the eye of another
as it is possible that a blind man may; or one
that has no teeth may strike out the tooth of another; in such cases eye cannot
be given for eye
nor tooth for tooth; and
as Saadiah GaonF5Apud
Aben Ezram in loc. observes
if a man should smite the eye of his neighbour
and the third part of the sight of his eye should depart
how will he order it
to strike such a stroke as that
without adding or lessening? and if a man that
has but one eye
or one hand
or one foot
should damage another man in those
parts
and must lose his other eye
or hand
or foot
he would be in a worse
case and condition than the man he injured; since he would still have one eye
or hand
or foot; wherefore a like law of Charondas among the Thurians is
complained of
since it might be the case
that a man with one eye might have
that struck out
and so be utterly deprived of sight; whereas the man that
struck it out
though he loses one for it
yet has another
and so not deprived
of sight utterly
and therefore thought not to be sufficiently punished; and
that it was most correct that he should have both his eyes put out for it: and
hence Diodorus SiculusF6Bibliothec. l. 12. par. 2. p. 82
83.
reports of a one-eyed man who lost his eye
that he complained of this law to
the people
and advised to have it altered: this "lex talionis" was
among the Roman laws of the "twelve tables"F7A. Gell.
Noct. Attic. l. 20. c. 1. .
Exodus 21:25 25 burn
for burn
wound for wound
stripe for stripe.
YLT 25burning for burning
wound for wound
stripe
for stripe.
Burning for
burning
wound for wound
stripe for stripe. This is to be understood
of burning a man's flesh with fire; of wounds made by any means
so that the
blood is let out; and of blows
and the prints and marks of them; of stripes
and weals where the blood is settled
and the part is turned black and blue:
the Targum of Jonathan is
the price of the pain of burning for burning
&c. and indeed
in everyone of these cases
the law could not be well
literally executed; for it would be very difficult to burn and wound and mangle
a man exactly as he had done another: and as FavorinusF8A. Gell.
Noct. Attic. l. 20. c. 1. objects against the law of the twelve tables of the
Romans concerning retaliation
how can a man make a wound in another exactly as
long
and as broad
and as deep as that he has given? nor would he suffer a
larger to be made
as it was not just it should; and to which may be added
that all constitutions are not alike
and burning and wounding and striping
especially in some parts
might prove mortal
and the person might die thereby;
to them the law of retaliation would not be observed
the punishment would be
exceeded; and it is much more agreeable to justice and equity that it should be
lessened rather than increased; and it may be observed
the law of the twelve
tables with the Romans
concerning maiming of members
only took place when the
parties could not come to an agreement; and with respect to the Jewish law
JosephusF9Ut supra. (Antiqu. l. 4. c. 33
35.) himself says
that the
man that has his eye put out may receive money for it
if he is willing
which
the law allows of.
Exodus 21:26 26 “If
a man strikes the eye of his male or female servant
and destroys it
he shall
let him go free for the sake of his eye.
YLT 26`And when a man smiteth the eye of his
man-servant
or the eye of his handmaid
and hath destroyed it
as a freeman he
doth send him away for his eye;
If a man smite
the eye of his servant
.... Give him a blow on the eye in a passion
as a correction for
some fault he has committed:
or the eye of
his maid
that it perish; strike her on that part in like manner
so that the eye is
beaten or drops out
or however loses its sight
and "is
blinded"
as the Septuagint version; or "corrupts" itF11שחתה "et corruperit eum"
Pagninus
Montanus
Drusius; so Ainsworth.
it turns black and blue
and gathers corrupt matter
and becomes a sore eye; yet if the sight is not lost
or corrupts so as to
perish
this law does not take place; the Targum of Jonathan
and to Jarchi
restrain this to a Canaanitish servant or maid:
he shall let
him go free for his eye's sake; or "them"
as the Septuagint; his
right to them as a servant was hereby forfeited
and he was obliged to give
them their freedom
let the time of servitude
that was to come
be what it
would. This law was made to deter masters from using their servants with
cruelty
since though humanity and goodness would not restrain them from ill
usage of them
their own profit and advantage by them might.
Exodus 21:27 27 And
if he knocks out the tooth of his male or female servant
he shall let him go
free for the sake of his tooth.
YLT 27and if a tooth of his man-servant or a tooth
of his handmaid he knock out
as a freeman he doth send him away for his tooth.
And if he smite
out his manservant's tooth
or his maidservant's tooth
.... Give them
such a slap on the face
or a blow on the mouth
as to strike out one of their
teeth; this also the Targum of Jonathan and Jarchi restrain to a Canaanitish
servant or maid:
he shall let
him go free for his tooth's sake; both him and her
the
servant and the maid; this
though of lesser consequence than the loss of an
eye
was punished in the same manner with the loss of the servant man or maid
to make masters careful how they abused their servants in any degree. And
though only these parts are expressed
yet Jarchi and Aben Ezra observe
that
all other principal members of the body
which they reckon to be twenty four
are included
as the fingers
toes
&c.
Exodus 21:28 28 “If
an ox gores a man or a woman to death
then the ox shall surely be stoned
and
its flesh shall not be eaten; but the owner of the ox shall be
acquitted.
YLT 28`And when an ox doth gore man or woman
and
they have died
the ox is certainly stoned
and his flesh is not eaten
and the
owner of the ox [is] acquitted;
If an ox gore a
man or a woman
that they die
.... That are Israelites
of whom only Aben
Ezra interprets it; but though they may be principally designed
yet not
solely; for no doubt if one of another nation was gored to death by the ox of
an Israelite
the same penalty would be inflicted
as follows:
then the ox
shall be surely stoned; which is but an exemplification of the original law given to
Noah and his sons
Genesis 9:5
"at the hand of every beast will I require it"; i.e. the blood of the
lives of men; which shows the care God takes of them
that even a beast must
die that is the means of shedding man's blood:
and his flesh
shall not be eaten; it being as an impure beast according to this sentence
as
MaimonidesF12Hilchot Maacolot Asurot
c. 4. sect. 22. observes; and
even though it might have been killed in a regular manner before it was stoned
it was not to be eaten; no
not even by Heathens
nor by dogs might it be
eaten
as a dead carcass might by a proselyte of the gate
or a stranger; this
might not be given nor sold to him; for
as Aben Ezra observes
all profit of
them is here forbidden:
but the owner
of the ox shall be quit; from punishment
as the last mentioned
writer observes
from suffering death; he shall only suffer the loss of his ox:
the Targum of Jonathan is
"he shall be quit from the judgment of slaughter
(or condemnation of murder)
and also from the price of a servant or
maid
'which was thirty shekels
Exodus 21:32.
Exodus 21:29 29 But
if the ox tended to thrust with its horn in times past
and it has been made
known to his owner
and he has not kept it confined
so that it has killed a
man or a woman
the ox shall be stoned and its owner also shall be put to
death.
YLT 29and if the ox is [one] accustomed to gore
heretofore
and it hath been testified to its owner
and he doth not watch it
and it hath put to death a man or woman
the ox is stoned
and its owner also
is put to death.
But if the ox
were wont to push with his horns in time past
.... Or "from or
before yesterday
to the third"F13מתמל
שלשם "ab heri et nudiustertius"
Pagninus
Montanus
Vatablus
Piscator
Drusius. that is
three days before
and had made
three pushes
as Jarchi explains it:
and it hath
been testified to his owner; by sufficient witnesses
who saw him push
at people for three days past: the Targum of Jonathan is
"and it hath been
testified to the face of his owner three days.'Concerning this testimony
MaimonidesF14Hilchot Niske Mammon
c. 6. sect. 1
2. thus
writes
"this is a testification
all that testify of it three days; but if
he pushes
or bites
or kicks
or strikes even an hundred times on one day
this is no testification (not a sufficient one): three companies of witnesses
testify of it in one day
lo
this is a doubt
whether it is a (proper)
testimony or not; there is no testification but before the owner
and before
the sanhedrim:"
and he hath not
kept him in; in some enclosed place
house or field
not frequented by
people
and where there was no danger of doing any hurt
if this care was not
taken
after a proper testimony had been given of his vicious disposition. By
the Roman lawsF15Plutarch. in Crasso. oxen that pushed with their
horns were to have hay bound about them
that those that met them might beware
of them; hence that of HoraceF16"Foenum habet in cornu
longe
fuge". Horat. Sermon. l. 1. Satyr. 4. : but that he hath killed a man or a
woman; by pushing and goring them with his horns
or any other way
as biting
or kicking:
the ox shall be
stoned; as is provided for the preceding law:
and his owner
shall be put to death; since he was accessory to the death of the person killed
not
keeping in his beast
when he had sufficient notice of his vicious temper: the
Targum of Jonathan
and so other Jewish writers
interpret this of death sent
upon him from heaven
or death by the immediate hand of God
as sudden death
or death by some disease inflicted
or before a man is fifty years of age; but
there is no doubt to be made but this intends death by the civil magistrate
according to the original law
Genesis 9:6.
Exodus 21:30 30 If
there is imposed on him a sum of money
then he shall pay to redeem his life
whatever is imposed on him.
YLT 30`If atonement is laid upon him
then he hath
given the ransom of his life
according to all that is laid upon him;
If there be
laid on him a sum of money
.... By the decree of the judges
as Aben
Ezra
or which the sanhedrim of Israel have laid upon him; if his sentence of
death is commuted for a fine
with the consent of the relations of the
deceased
who in such a case are willing to show mercy
and take a fine instead
of the person's death; supposing it was through carelessness and negligence
and not with any ill design that he did not keep up his ox from doing damage
after he had notice:
then he shall
give for the ransom of his life whatever
is laid upon him; whatever mulct
or fine he is amerced with by the court
instead of the sentence of death first
pronounced. Of this ransom MaimonidesF17Hilchot Niske Mammon
c. 11.
sect. 1
2. thus writes:"the ransom is according as the judges consider
what is the price (or value) of him that is slain; (i.e. according to his rank
whether a noble or common man
a free man or a servant) all is according to the
estimation of him that is slain.--To whom do they give the ransom? to the heirs
of the slain; and if a woman is killed
the ransom is given to the heirs of her
father's (family)
and not to her husband.'
Exodus 21:31 31 Whether it has gored a son
or gored a daughter
according to this judgment it shall be done to him.
YLT 31whether it gore a son or gore a daughter
according to this judgment it is done to him.
Whether he have
gored a son
or have gored a daughter
.... A little son or
daughter
and both Israelites
as Jarchi and Aben Ezra; this is observed
because only a man or woman are made mention of in Exodus 21:29
persons grown up; and lest it should be thought that only adult persons were
intended
this is added
to show that the same regard is had to little ones as
to grown persons
should they suffer by an ox in like manner as men and women
may. The Targum of Jonathan restrains this to a son or daughter of an
Israelite; but the life of everyone
of whatsoever nation
is equally provided
for
and guarded against by the original law of God:
according to
this judgment shall it be done unto him; to the owner of the ox
that has gored a child
male or female; that is
he shall be put to death
if
he has been warned of the practice of his ox for three days past
and has took
no care to keep him in; or he shall pay the ransom of his life
as it has been
laid by the court
with the consent of the relations of the children.
Exodus 21:32 32 If
the ox gores a male or female servant
he shall give to their master thirty
shekels of silver
and the ox shall be stoned.
YLT 32`If the ox gore a man-servant or a handmaid
thirty silver shekels he doth give to their lord
and the ox is stoned.
If the ox shall
push a manservant
or a maidservant
.... Which the Targum of
Jonathan and Jarchi interpret of a Canaanitish servant
man or maid; but no
doubt the same provision was made for an Hebrew servant
man or maid
as for a
Gentile one:
he shall give
unto their master thirty shekels of silver; that is
the owner of
the ox shall pay so much to the masters of the servants for the loss they have
sustained by his ox goring them; and MaimonidesF18Hilchot Niske
Maimon
c. 11. sect. 1. observes
that"the ransom of servants
whether
great or small
whether male or female
is fixed in the law
thirty shekels of
good silver
whether the servant is worth a hundred pounds
or whether he is
worth but a penny.'This was the price our Lord and Saviour Jesus Christ was
sold at; see Gill on Matthew 26:15.
Exodus 21:33 33 “And
if a man opens a pit
or if a man digs a pit and does not cover it
and an ox
or a donkey falls in it
YLT 33`And when a man doth open a pit
or when a
man doth dig a pit
and doth not cover it
and an ox or ass hath fallen
thither
--
If a man shall
open a pit
.... That has been dug in time past
and filled up again
or take
the covering from it
and leave it uncovered: "or if a man shall dig a
pit
and not cover it": a new one
in the street
as the Targum of
Jonathan; or in a public place
as Jarchi and Aben Ezra; otherwise a man might
dig one for water
in his own fields
in enclosed places
where there was no
danger of cattle coming thither
and falling therein:
and an ox or an
ass fall therein; or any other beast
as Jarchi observes; for these are mentioned
only as instances
and are put for all others. MaimonidesF19Hilchot
Niske Maimon. c. 12. sect
1
10. so Bartenora in Misn. Bava Kama
c. 1. sect.
1. says
"if a man digs a pit in a public place
and an ox or ass fall into
it and die
though the pit is full of shorn wool
and the like
the owner of
the pit is bound to pay the whole damage; and this pit (he says) must be ten
hands deep; if it is less than that
and an ox
or any other beast or fowl fall
into it and die
he is free
'
Exodus 21:34 34 the
owner of the pit shall make it good; he shall give money to their owner
but the dead animal shall be his.
YLT 34the owner of the pit doth repay
money he
doth give back to its owner
and the dead is his.
The owner of
the pit shall make it good
.... Repair the loss of the ox or ass:
and give the
money unto the owner of them: the price of them
what they are worth: the
Targum of Jonathan is
"the owner of the pit shall pay the silver
he shall
return to its owner the price of the ox or ass:"
and the dead
beast shall be his; either the owner of the pit; who pays the full value for the ox
or ass killed
which seems but reasonable; or"the injured person as
Jarchi
for he says
they reckon or estimate the carcass
and he takes it for
the price;'that is
for part of the price it is valued at.
Exodus 21:35 35 “If
one man’s ox hurts another’s
so that it dies
then they shall sell the live ox
and divide the money from it; and the dead ox they shall also divide.
YLT 35`And when a man's ox doth smite the ox of his
neighbour
and it hath died
then they have sold the living ox
and halved its
money
and also the dead one they do halve;
And if one
man's ox hurt another's
that he die
.... By pushing with his
horns
or his body
or by biting with his teeth
as Jarchi
or by any way
whatever:
then they shall
sell the live ox
and divide the money; the Scripture speaks
as
the same writer observes
of one of equal value
otherwise the man that had his
ox killed might be greatly a gainer by it; for if his ox was a poor one
and of
little value
and the ox that killed his a good one
of value greatly superior
which according to this law was to be sold
and the money divided between the
two owners
the man that lost his ox might have double the worth of it
or
more
which was not equitable. On the other hand
according to the Jewish
canonsF20Maimon. Hilchot Niske Mammon
c. 1. sect. 1.
the case
stood thus
"when an ox of the value of one pound strikes an ox of the
value of twenty
and kills him
and
lo
the carcass is of the value of four
pounds
the owner of the ox is bound to pay him eight pounds
which is the half
of the damage
(added to the half part of the price of the carcass
) but he is
not bound to pay
but of the body of the ox which hurts
because it is said
"they shall sell the live ox"; wherefore if an ox of the value of
twenty pieces of money should kill one of two hundred
and the carcass is
valued at a pound
the master of the carcass cannot say to the master of the
live ox
give me fifty pieces of money; but it will be said to him
lo
the ox
which did the hurt is before thee
take him
and go thy way
although he is
worth no more than a penny:"
and the dead ox
also they shall divide; the money the carcass is worth; or it is sold for.
Exodus 21:36 36 Or
if it was known that the ox tended to thrust in time past
and its owner has
not kept it confined
he shall surely pay ox for ox
and the dead animal shall
be his own.
YLT 36or
it hath been known that the ox is [one]
accustomed to gore heretofore
and its owner doth not watch it
he certainly
repayeth ox for ox
and the dead is his.
Or if it be
known that the ox hath used to push in time past
.... If it is a plain
case
and a thing well known in the neighbourhood
and there are witnesses
enough to testify it
that it has yesterday
and for two or three days running
pushed with his horns men and cattle
as they have come in his way; see Gill on
Exodus 21:29.
and his owner
hath not kept him in; took no care to prevent his doing mischief by putting him into a
barn or out house
or into an enclosure
where he could do no damage to any:
he shall surely
pay ox for ox; that is
he shall give as good an ox to him
whose ox has been
killed by his
as that was
or pay him the full worth and value of it: and the
dead shall be his own; shall not be divided as in the preceding case
but shall
be the proprietor's wholly
that is
the sufferer's; because the owner of the
vicious ox took no care of him
though it was well known he was mischievous
for which negligence he was punished this way.
──《John Gill’s
Exposition of the Bible》