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21. Servants, Injuries1 “These are the laws you are to set before them:Hebrew Servants2 “If you buy a Hebrew servant, he is to serve you for six years. But in the seventh year, he shall go free, without paying anything. 3 If he comes alone, he is to go free alone; but if he has a wife when he comes, she is to go with him. 4 If his master gives him a wife and she bears him sons or daughters, the woman and her children shall belong to her master, and only the man shall go free. 5 “But if the servant declares, ‘I love my master and my wife and children and do not want to go free,’ 6 then his master must take him before the judges. Or before God He shall take him to the door or the doorpost and pierce his ear with an awl. Then he will be his servant for life. 7 “If a man sells his daughter as a servant, she is not to go free as male servants do. 8 If she does not please the master who has selected her for himself, Or master so that he does not choose her he must let her be redeemed. He has no right to sell her to foreigners, because he has broken faith with her. 9 If he selects her for his son, he must grant her the rights of a daughter. 10 If he marries another woman, he must not deprive the first one of her food, clothing and marital rights. 11 If he does not provide her with these three things, she is to go free, without any payment of money. Personal Injuries12 “Anyone who strikes a person with a fatal blow is to be put to death. 13 However, if it is not done intentionally, but God lets it happen, they are to flee to a place I will designate. 14 But if anyone schemes and kills someone deliberately, that person is to be taken from my altar and put to death. 15 “Anyone who attacks Or kills their father or mother is to be put to death. 16 “Anyone who kidnaps someone is to be put to death, whether the victim has been sold or is still in the kidnapper’s possession. 17 “Anyone who curses their father or mother is to be put to death. 18 “If people quarrel and one person hits another with a stone or with their fist Or with a tool and the victim does not die but is confined to bed, 19 the one who struck the blow will not be held liable if the other can get up and walk around outside with a staff; however, the guilty party must pay the injured person for any loss of time and see that the victim is completely healed. 20 “Anyone who beats their male or female slave with a rod must be punished if the slave dies as a direct result, 21 but they are not to be punished if the slave recovers after a day or two, since the slave is their property. 22 “If people are fighting and hit a pregnant woman and she gives birth prematurely Or she has a miscarriage but there is no serious injury, the offender must be fined whatever the woman’s husband demands and the court allows. 23 But if there is serious injury, you are to take life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise. 26 “An owner who hits a male or female slave in the eye and destroys it must let the slave go free to compensate for the eye. 27 And an owner who knocks out the tooth of a male or female slave must let the slave go free to compensate for the tooth. 28 “If a bull gores a man or woman to death, the bull is to be stoned to death, and its meat must not be eaten. But the owner of the bull will not be held responsible. 29 If, however, the bull has had the habit of goring and the owner has been warned but has not kept it penned up and it kills a man or woman, the bull is to be stoned and its owner also is to be put to death. 30 However, if payment is demanded, the owner may redeem his life by the payment of whatever is demanded. 31 This law also applies if the bull gores a son or daughter. 32 If the bull gores a male or female slave, the owner must pay thirty shekels That is, about 12 ounces or about 345 grams of silver to the master of the slave, and the bull is to be stoned to death. 33 “If anyone uncovers a pit or digs one and fails to cover it and an ox or a donkey falls into it, 34 the one who opened the pit must pay the owner for the loss and take the dead animal in exchange. 35 “If anyone’s bull injures someone else’s bull and it dies, the two parties are to sell the live one and divide both the money and the dead animal equally. 36 However, if it was known that the bull had the habit of goring, yet the owner did not keep it penned up, the owner must pay, animal for animal, and take the dead animal in exchange. THE HOLY BIBLE, NEW INTERNATIONAL VERSION®, NIV® Copyright © 1973, 1978, 1984, 2011 by Biblica, Inc.® Used by permission. All rights reserved worldwide.
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From this passage, as well as other similar ones, it plainly appears how many vices were of necessity tolerated in this people. It was altogether an act of barbarism that fathers should sell their children for the relief of their poverty, still it could not be corrected as might have been hoped. Again, the sanctity of the marriage-vow should have been greater than that it should be allowable for a master to repudiate his bond-maid, after he had betrothed her to himself as his wife; or, when he had betrothed her to his son, to make void that covenant, which is inviolable: for that principle ought ever to hold good — “Those whom God hath joined together, let not man put asunder.” (Matthew 19:6; Mark 10:9.) Yet liberty was accorded to the ancient people in all these particulars; only provision is here made that the poor girls should not suffer infamy and injury from their repudiation. But, although God is gracious in remitting the punishment, still He shows that chastity is pleasing to Him, as far as the people’s hardness of heart permitted. First of all, He does not allow a master to seduce his purchased maid-servant, but if he wishes to enjoy her embraces, a marriage must take place; for although He does not set this out in express terms, still we may infer from what He condemns, that the contrary is what He approves. From whence, too, their notion is refuted who suppose that fornication was lawful under the Law. But the words must be more closely examined on account of their ambiguity. First, the sex is treated with consideration, that the condition of a female may be somewhat more favorable than that of a male; since, otherwise, their weakness would render young women subject to injury and shame. An explanation then follows, respecting which, however, interpreters differ; for some read the particle לא, 7474 The Hebrew text has לא, not, but with a mark of doubt as to the genuineness of the reading, and the Masoretic note directs the substitution of לו, to him C. follows S. M. in adhering to the text, whilst our A. V. and the LXX. reject not, in accordance with the Masora. — W lo, which is properly negative, for לו, lo; and hence arise two opposite meanings — If he hath, or hath not, betrothed her to himself. If it be preferred to take it affirmatively, the meaning of the precept will be: If a master shall repudiate his bond-maid, whom he has loved and destined to be his wife, he must give her her liberty; for although literally it is, “he shall cause her to be redeemed,” yet; the context shows that the obligation of setting her free is laid upon him; nor is this contradicted by the fact that he is only deprived of the power of selling her to a strange people; since I do not understand this as applying to foreigners only, but to others of his own nation, since sometimes those of another tribe or family are called strangers. For, even though there were no marriage-compact, it was not otherwise lawful to sell slaves of the holy and elect people to foreigners. Besides, amongst the Israelites, slavery was only temporary. But, to pass by everything else, let it suffice to observe the absurdity that a master should hold his wife as a slave to be sold at pleasure, if their opinion is received who suppose that the words refer to repudiation after betrothal. 7575 This sentence is omitted in Ft., and the following substituted: “Ce mot doncques ou il est dit, Qu’il ne la pourra vendre a des estrangers, est entrelasse, pour monstrer, qu’il n’y eust eu nulle raison qu’il vendist celle qu’il a abusee de vaine esperance;“ this sentence, then, in which it is said that he may not sell her to strangers, is inserted to show that there was no reason why he should sell her whom he has abused with vain hopes. I myself rather approve of the other opinion, that, although the master shall not have aspired to matrimony with her, if her appearance displeases him so that he would be unwilling to have her as his wife, at least he must provide for her redemption; because her chastity would be in jeopardy if she remained with him unmarried; unless perhaps Moses may signify that, after she had been seduced, her master did not honor her with marriage. But the other view which I have just expressed is more simple; and a caution is given lest masters should seduce their maid-servants at their pleasure. Thus the word despise 7676 A. V., “If she please not.” Margin, “Heb., Be evil in the eyes of, etc.” does not refer to repudiation, but is opposed to beauty, or conjugal love. The next case is, that if he should betroth her to his son, (he must give her a dowry, 7777 Added from Fr., in which there is much verbal difference here. ) in which, also, her modesty and honor is consulted, lest she should be oppressed by the right of ownership, and become a harlot. In the third place, it is provided that, if she should be repudiated, her condition should not be disadvantageous. If, therefore, he would make her his daughter-in-law, and betroth her to his son, he is commanded to deal liberally with her; for “after the manner of daughters” is equivalent to giving her a dowry, or, at any rate, to treating her as if she were free. Finally, he adds that, if he should choose another wife for his son, he should not reject the former one, nor defraud her of her food and raiment, or of some third thing, concerning which translators are not well agreed. Some render it time, but I do not see what is the meaning of diminishing her time; others, duty of marriage, but this is too free a translation; others, more correctly, affliction, since the girl would be humiliated by her repudiation; still, to diminish affliction, is too harsh an expression for to compensate an injury. Let my readers, then, consider whether the word, ענתה, gnonathah, is not used for compact or agreement; for thus the context will run very well: If his son have married another wife, that the girl who has suffered ignominious rejection should obtain her rights as to food, and raiment, and her appointed dowry; otherwise, God commands that she should be set free gratuitously, in order that her liberty may compensate for the wrong she has received. |