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The Law concerning Slaves

21

These are the ordinances that you shall set before them:

2 When 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. 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.

7 When 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. 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

12 Whoever 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.

15 Whoever strikes father or mother shall be put to death.

16 Whoever kidnaps a person, whether that person has been sold or is still held in possession, shall be put to death.

17 Whoever curses father or mother shall be put to death.

18 When 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.

20 When 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.

22 When 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.

26 When 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

28 When 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 slaveowner thirty shekels of silver, and the ox shall be stoned.

33 If 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.

35 If 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.


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, Quil 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.


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