20.26 Steps. Cf. Ezek 43.17; the eighth-century BCE altar at Dan too was reached by steps. Nakedness. Cf. 28.42. It is implied that sacrificers—who are not necessarily priests—wear full-length garments, like God (Isa 6.1); cf. 28.42. Cultic practices had no sexual aspect in Israelite religion; accordingly, women did not serve in the cult, to avoid the aspect of a sexual relationship to the Lord, who is conceived as male.
EXODUS 21
The Law concerning Slaves
1These are the ordinances that you shall set before them:
2When you buy a male Hebrew slave, he shall serve six years, but in the seventh he shall go out a free person, without debt. 3If he comes in single, he shall go out single; if he comes in married, then his wife shall go out with him. 4If 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 alone. 5But if the slave declares, “I love my master, my wife, and my children; I will not go out a free person,”6then his master shall bring him before God.a He shall be brought to the door or the doorpost; and his master shall pierce his ear with an awl; and he shall serve him for life.
7When a man sells his daughter as a slave, she shall not go out as the male slaves do. 8If she does not please her master, who designated her for himself, then he shall let her be redeemed; he shall have no right to sell her to a foreign people, since he has dealt unfairly with her. 9If he designates her for his son, he shall deal with her as with a daughter. 10If he takes another wife to himself, he shall not diminish the food, clothing, or marital rights of the first wife.b 11And if he does not do these three things for her, she shall go out without debt, without payment of money.
The Law concerning Violence
12Whoever strikes a person mortally shall be put to death. 13If it was not premeditated, but came about by an act of God, then I will appoint for you a place to which the killer may flee. 14But if someone willfully attacks and kills another by treachery, you shall take the killer from my altar for execution.
15Whoever strikes father or mother shall be put to death.
16Whoever kidnaps a person, whether that person has been sold or is still held in possession, shall be put to death.
17Whoever curses father or mother shall be put to death.
18When individuals quarrel and one strikes the other with a stone or fist so that the injured party, though not dead, is confined to bed, 19but recovers and walks around outside with the help of a staff, then the assailant shall be free of liability, except to pay for the loss of time, and to arrange for full recovery.
20When a slaveowner strikes a male or female slave with a rod and the slave dies immediately, the owner shall be punished. 21But if the slave survives a day or two, there is no punishment; for the slave is the owner’s property.
22When people who are fighting injure a pregnant woman so that there is a miscarriage, and yet no further harm follows, the one responsible shall be fined what the woman’s husband demands, paying as much as the judges determine. 23If any harm follows, then you shall give life for life, 24eye for eye, tooth for tooth, hand for hand, foot for foot, 25burn for burn, wound for wound, stripe for stripe.
26When a slaveowner strikes the eye of a male or female slave, destroying it, the owner shall let the slave go, a free person, to compensate for the eye. 27If the owner knocks out a tooth of a male or female slave, the slave shall be let go, a free person, to compensate for the tooth.
Laws concerning Property
28When an ox gores a man or a woman to death, the ox shall be stoned, and its flesh shall not be eaten; but the owner of the ox shall not be liable. 29If the ox has been accustomed to gore in the past, and its owner has been warned but has not restrained it, and it kills a man or a woman, the ox shall be stoned, and its owner also shall be put to death. 30If a ransom is imposed on the owner, then the owner shall pay whatever is imposed for the redemption of the victim’s life. 31If it gores a boy or a girl, the owner shall be dealt with according to this same rule. 32If the ox gores a male or female slave, the owner shall pay to the slave-owner thirty shekels of silver, and the ox shall be stoned.
33If someone leaves a pit open, or digs a pit and does not cover it, and an ox or a donkey falls into it, 34the owner of the pit shall make restitution, giving money to its owner, but keeping the dead animal.
35If someone’s ox hurts the ox of another, so that it dies, then they shall sell the live ox and divide the price of it; and the dead animal they shall also divide. 36But if it was known that the ox was accustomed to gore in the past, and its owner has not restrained it, the owner shall restore ox for ox, but keep the dead animal.
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a Or to the judges
b Heb of her
21.1–22.17 Civil and criminal laws mostly formulated casuistically (“When/if…then…”) in the fashion of other ancient Near Eastern collections.
21.2–11 Laws involving slavery, a prominent theme of the exodus (see Introduction) and in the prologue to the Decalogue (20.2).
21.1 These, “And these” the succeeding laws are attached to the foregoing.
21.2 Buy. The law is seller-oriented; Lev 25.39 and Deut 15.12 focus on the slave. Male. Deut 15.12–17 treats the female as an individual. Seventh. Cf. Lev 25.40. Without debt, “gratis” (“for nothing” in Gen 29.15); see v. 11; note on 3.21.
21.3 Married, lit. “master of a woman.” The provisions in vv. 3–5 are irrelevant to Deut 15.12–17 (see note on 21.2).
21.5 Master. Cf. Deut 15.16.
21.6 God, the household gods, an oracle (see note on 4.15–16), or the local shrine; omitted in Deut 15.17. Door, of the master’s house. Pierce his ear. The wound disappears, but the blood on the doorpost signifies the permanent attachment of the person to the household. For life. Slavery of Israelites is a vocation, taken on to repay debts (see v. 7; 22.3; Lev 25.39; 2 Kings 4.1; Neh 5.4–5); foreign slaves are permanent (Lev 25.44–46).
21.7 Daughter. The Code of Hammurabi sets a three-year term on family members sold to repay a debt. Israelite sons, who could also be sold (see note on 21.6), seem to go free after six years (v. 2) since the present law deals only with the contingencies of selling a daughter. No such situation is treated in Deut 15.12–17. Lev 25.41 treats indentured children the same as parents. Slave, a term designating a woman often purchased for concubinage (“slave woman” in Gen 21.10–13; Judg 9.18; 19.19, where the translation omits “slave” before “woman”).
21.8 Designated her, as a concubine (see note on 21.7); cf. Lev 19.20. Foreign people, or “another clan” than hers (taking people in its archaic sense); redemption is the clan’s duty (see Ruth 3.13, where “act as next-of-kin” translates the verb elsewhere rendered “redeem,” and Ezek 11.15, where Hebrew “people of your redemption” denotes kin; cf. Lev 25.25). Dealt unfairly, rather “broken faith” (e.g., Jer 3.20), reneged.
21.9 As with a daughter, more precisely “according to the rule of (free) daughters.”
21.10–11 These verses resume the situation of v. 8.
21.10 Wife. The Hebrew has “another (female),” probably a concubine. Food, lit. “meat.” Marital rights, the traditional conjugal understanding. Etymology and Islamic parallels favor “lodging” Mesopotamian parallels favor “(cosmetic) oil” (cf. Hos 2.8).
21.11 Without debt. See note on 21.2.
21.12–17 Capital crimes corresponding to rules on murder, honoring parents, and theft in the Decalogue (20.12–15; see notes there).
21.12 Put to death, by the “avenger of blood” (Num 35.19, 21; Deut 19.12; 2 Sam 14.11). Hittite laws (see note on 3.8) provide for compensation.
21.13 Not premeditated, lit. “If he did not lie in ambush” cf. Num 35.20. Num 35.11, 15; Deut 19.4 are less graphic. Act of God. For illustrations, see Num 35.22–23; Deut 19.5. A place, elaborated as the six cities of refuge (Num 35.9–28; Deut 19.1–13; Josh 20).
21.14 Willfully attacks. See note on 18.11. Altar. See 1 Kings 1.50–53; 2.28–
34. The altar, like the cities of refuge (see note on 21.13), apparently protects accidental slayers.
21.15 Strikes, less than fatally (cf. v. 12). The Code of Hammurabi prescribes cutting off the hand.
21.16 Kidnaps, the same Hebrew term rendered steal in 20.15. Person. Deut 24.7 and ancient translations of the present verse indicate that an Israelite is meant. Sold, as a slave (e.g., Gen 37.27–28, 36; Joel 3.6). Death, the punishment also in the Code of Hammurabi; Hittite laws (see note on 3.8) penalize economically.
21.17 Curses, rejects the authority of or denounces (cf. 2 Sam 16.5–8), in Hebrew cognate to “dishonors” (Deut 27.16); cf. Lev 20.9; Deut 21.18–21; Prov 20.20. Various ancient Near Eastern laws punish rejection of parents with disinheritance or enslavement.
21.18–27 A resumption of the topic of vv. 12–14, treating less than fatal “striking” of persons by persons.
21.18 Injured party, supplied for clarity. Not dead. If death is caused, the culprit presumably seeks asylum (v. 13); other ancient Near Eastern codes fix a fine. Is confined, lit. “falls.”
21.19 But, lit. “if he.” Recovers, lit. “gets up.” To pay, lit. “he must pay.” Loss of time, unemployment compensation. Recovery, lit. “healing.”
21.20 Slaveowner, lit. “a man,” but a woman too might abuse her slave (e.g., Gen 16.6). A…slave, “his (own)…slave.” Punished, lit. “avenged,” by the victim’s kin or another party (see Num 35.16–19).
21.21 Survives, lit. “stands.” Property. Owners have the right to discipline a slave through beating, so long as they stop short of manslaughter.
21.22 Harm, to the woman. Demands, rendered imposes in v. 30. Vv. 12–14 do not apply because the fetus is legally not a person.
21.23 Life for life, life of the perpetrator for the life of the woman. The Code of Hammurabi requires the life of the perpetrator’s daughter; biblical law opposes vicarious punishment (see note on 20.5).
21.24 Eye. Cf. Lev 24.19–21; Deut 19.21. Unlike other ancient Near Eastern codes, biblical law puts no price on limbs as it puts none on life (Num 35.31).
21.26 Slaveowner. See note on 21.20. A…slave, “his (own)…slave.” Free person. Cf. v. 2. Ancient Near Eastern codes generally penalize economically.
21.28–36 Personal injuries caused by animals or negligence.
21.28 Stoned. See Gen 9.5. Not be eaten, because the animal is not properly slaughtered (22.31; Lev 17; Deut 12.15–16) and/or because it is polluted by bloodguilt (cf. Deut 21.1–9).
21.29 Death, in theory (see v. 30); the Code of Hammurabi imposes a fine and in no case has the animal killed.
21.30 Ransom. Compensation is allowed, contra Num 35.31, because this is not premeditated murder. Imposed, by the victim’s kin.
21.31 A boy or a girl, lit. “a son…or a daughter.” Vicarious punishment (see note on 21.23) is ruled out; in the Code of Hammurabi if a builder’s faulty work kills a citizen’s child, his own child is executed.
21.32 Thirty. Cf. Gen 37.28.
21.34 Keeping, for its hide and for food if Lev 17.15; Deut 14.21 do not yet hold.
21.35 Divide, lit. “halve.”
21.36 If it was known, “If he (the owner) was informed.” Restore, “pay.” Keep. See note on 21.34.
EXODUS 22a
Laws of Restitution
1When someone steals an ox or a sheep, and slaughters it or sells it, the thief shall pay five oxen for an ox, and four sheep for a sheep.b The thief shall make restitution, but if unable to do so, shall be sold for the theft. 4When the animal, whether ox or donkey or sheep, is found alive in the thief ’s possession, the thief shall pay double.
2c If a thief is found breaking in, and is beaten to death, no bloodguilt is incurred; 3but if it happens after sunrise, bloodguilt is incurred.
5When someone causes a field or vineyard to be grazed over, or lets livestock loose to graze in someone else’s field, restitution shall be made from the best in the owner’s field or vineyard.
6When fire breaks out and catches in thorns so that the stacked grain or the standing grain or the field is consumed, the one who started the fire shall make full restitution.
7When someone delivers to a neighbor money or goods for safekeeping, and they are stolen from the neighbor’s house, then the thief, if caught, shall pay double. 8If the thief is not caught, the owner of the house shall be brought before God,d to determine whether or not the owner had laid hands on the neighbor’s goods.
9In any case of disputed ownership involving ox, donkey, sheep, clothing, or any other loss, of which one party says, “This is mine,” the case of both parties shall come before God;e the one whom God condemnsf shall pay double to the other.
10When someone delivers to another a donkey, ox, sheep, or any other animal for safekeeping, and it dies or is injured or is carried off, without anyone seeing it, 11an oath before the LORD shall decide between the two of them that the one has not laid hands on the property of the other; the owner shall accept the oath, and no restitution shall be made. 12But if it was stolen, restitution shall be made to its owner. 13If it was mangled by beasts, let it be brought as evidence; restitution shall not be made for the mangled remains.
14When someone borrows an animal from another and it is injured or dies, the owner not being present, full restitution shall be made. 15If the owner was present, there shall be no restitution; if it was hired, only the hiring fee is due.
Social and Religious Laws
16When a man seduces a virgin who is not engaged to be married, and lies with her, he shall give the bride-price for her and make her his wife. 17But if her father refuses to give her to him, he shall pay an amount equal to the bride-price for virgins.
18You shall not permit a female sorcerer to live.
19Whoever lies with an animal shall be put to death.
20Whoever sacrifices to any god, other than the LORD alone, shall be devoted to destruction.
21You shall not wrong or oppress a resident alien, for you were aliens in the land of Egypt. 22You shall not abuse any widow or orphan. 23If you do abuse them, when they cry out to me, I will surely heed their cry; 24my wrath will burn, and I will kill you with the sword, and your wives shall become widows and your children orphans.
25If you lend money to my people, to the poor among you, you shall not deal with them as a creditor; you shall not exact interest from them. 26If you take your neighbor’s cloak in pawn, you shall restore it before the sun goes down; 27for it may be your neighbor’s only clothing to use as cover; in what else shall that person sleep? And if your neighbor cries out to me, I will listen, for I am compassionate.
28You shall not revile God, or curse a leader of your people.
29You shall not delay to make offerings from the fullness of your harvest and from the outflow of your presses.g
The firstborn of your sons you shall give to me. 30You shall do the same with your oxen and with your sheep: seven days it shall remain with its mother; on the eighth day you shall give it to me.
31You shall be people consecrated to me; therefore you shall not eat any meat that is mangled by beasts in the field; you shall throw it to the dogs.
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a Ch 21.37 in Heb
b Verses 2, 3, and 4 rearranged thus: 3b, 4, 2, 3a
c Ch 22.1 in Heb
d Or before the judges
e Or before the judges
f Or the judges condemn
g Meaning of Heb uncertain
22.1 Oxen, any “large cattle.” Five…and four, ten and six in Hittite laws (see note on 3.8); cf. 2 Sam 12.6. Sheep, any “small cattle.” Make restitution, “pay” restitution plus the fine. Unable to do so, lit. “he doesn’t have it.” Sold. See note on 21.6. Hammurabi’s laws would have the insolvent thief executed.
22.4 Double, restitution plus fine; cf. vv. 7, 9.
22.2 Breaking in. The Hebrew root means “to dig” “digging” is figurative for “in the act” cf. Job 24.16. Is beaten to death, rather “is struck
and dies.” Bloodguilt, “blood” (plural) criminally spilled; cf. Gen 4.10. Incurred. Mesopotamian, Greek, and Roman law similarly allow for defense against thieves.
22.3 After sunrise, lit. “the sun shone on him” the thief is caught sometime after the crime, which is typically perpetrated at night (see Job 24.14–17). Bloodguilt is incurred, because the slaying is premeditated.
22.5 Restitution…vineyard, or “(the perpetrator) shall pay the best (highest potential yield) of (the owner’s) field or vineyard.”
22.6 Thorns, used to hedge a field (Sir 28.24), removed to this day by burning. Started the fire, in Hebrew plays on causes…to be grazed (v. 5); it is a case of negligence. Restitution, according the principle in v. 5.
22.7–15 On the safekeeping and use of another’s property.
22.7 Goods, “utensils.” Double, as in v. 4.
22.8 Be brought, rather “approach.” God, an oracle (see note on 21.6). To determine, not in the Hebrew; rather, the householder swears (the words rendered whether or not are an oath formula) “he did not lay a hand…” Goods, meaning property as in v. 11, not goods as in v. 7.
22.9 God. See note on 22.8; cf. 1 Kings 8.31–32. Condemns, or “declares to be in the wrong” (as in Deut 25.1). Double, as in v. 4. The Code of Hammurabi condemns the culprit to death.
22.10 Carried off. Cf. Job 1.14–17.
22.11 Before the LORD, or “(taking) the LORD ’s (name)” (see note on 21.6); cf. 1 Kings 2.43. That, the oath formula (see note on 22.8), taken by the safekeeper. No restitution shall be made, “(one) does not pay” restitution plus fine (see v. 9).
22.12 Restitution shall be made, because the safekeeper’s negligence, spelled out in Hammurabi’s laws, is assumed.
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