Излазак 21:3 Коментар

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 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" (f), 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" (g); 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 writer (h) 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. (f) "cum quali veste", V. L. "cum veste sua"; some in Vatablus & Drusius. (g) "Cum corpore suo", Munster, Pagninus, Vatablus, Drusius; "solus corpore suo", Junius & Tremellius; "cum solo corpore suo", Piscator. (h) R. Sol. Urbin. Ohel Moed, fol. 15. 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.

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

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.

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