Êxodo 21:8 Comentário

The laws recorded in this chapter relate to the fifth and sixth commandments; and though they are not accommodated to our constitution, especially in point of servitude, nor are the penalties annexed binding on us, yet they are of great use for the explanation of the moral law, and the rules of natural justice. Here are several enlargements, I. Upon the fifth commandment, which concerns particular relations. 1. The duty of masters towards their servants, their men-servants (Exo 21:2-6), and the maidservants (Exo 21:7-11). 2. The punishment of disobedient children that strike their parents (Exo 21:15), or curse them (Exo 21:17). II. Upon the sixth commandment, which forbids all violence offered to the person of a man. Here is, 1. Concerning murder (Exo 21:12-14). 2. Man-stealing (Exo 21:16). 3. Assault and battery (Exo 21:18, Exo 21:19). 4. Correcting a servant (Exo 21:20, Exo 21:21). 5. Hurting a woman with child (Exo 21:22, Exo 21:23). 6. The law of retaliation (Exo 21:24, Exo 21:25). 7. Maiming a servant (Exo 21:26, Exo 21:27). 8. An ox goring (Exo 21:28-32). 9. Damage by opening a pit (Exo 21:33, Exo 21:34). 10. Cattle fighting (Exo 21:35, Exo 21:36).

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, Exo 21:1, to maidservants, and especially betrothed ones, either to a father or a son, Exo 21:7, likewise it contains laws concerning the slaughter of men, whether with design or unawares, Exo 21:12, and concerning the ill usage of parents, Exo 21:15, and man stealing, Exo 21:16 and of mischief that comes by men's quarrelling and fighting, Exo 21:18 and by smiting a man or maidservant, Exo 21:20, to a woman with child, that is, by means of men's striving and contending with each other, Exo 21:22 and of damages that come by oxen, or to them, Exo 21:28.

If she please not her master,.... "Be evil in the eyes of her master" (p); 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 betrothed (q); 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 others (r) 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 thus (s), 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 Josephus (t) 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. (p) "mala in oculis", Montanus; "mala videbitur in oculis", Junius & Tremellius; "mala fuerit in oculis", Drusius. (q) Maimon. Hilchot Abadim, c. 4. sect. 11. & in Misn. Kiddushin, c. 1. sect. 2. (r) Bartenora in Kiddush. ib. (s) Maimon. in ib. (t) Antiqu. l. 16. c. 1. sect. 1.

Laws concerning servants. They shall serve for only seven years, Exo 21:1, Exo 21:2. If a servant brought a wife to servitude with him, both should go out free on the seventh year, Exo 21:3. If his master had given him a wife, and she bore him children, he might go out free an the seventh year, but his wife and children must remain, as the property of the master, Exo 21:4. If, through love to his master, wife, and children, he did not choose to avail himself of the privilege granted by the law, of going out free on the seventh year, his ear was to be bored to the door post with an awl, as an emblem of his being attached to the family for ever, Exo 21:5, Exo 21:6. Laws concerning maid-servants, betrothed to their masters or to the sons of their masters, Exo 21:7-11. Laws concerning battery and murder, Exo 21:12-15. Concerning men-stealing, Exo 21:16. Concerning him that curses his parents, Exo 21:17. Of strife between man and man, Exo 21:18, Exo 21:19; between a master and his servants, Exo 21:20, Exo 21:21. Of injuries done to women in pregnancy, Exo 21:22. The Lex Talionis, or law of like, Exo 21:23-25. Of injuries done to servants, by which they gain the right of freedom, Exo 21:26, Exo 21:27. Laws concerning the ox which has gored men, Exo 21:28-32. Of the pit left uncovered, into which a man or a beast has fallen, Exo 21:33, Exo 21:34. Laws concerning the ox that kills another, Exo 21:35, Exo 21:36.

LAWS FOR MENSERVANTS. (Exo 21:1-6) 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.

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.