Exodus 21 1
7. And if a man sell his daughter to be a maid-servant, she shall not go out as the men-servants do.
7. Quum vendiderit quispiam filiam suam in ancillam, non egredietur quemadmodum egredi solent servi.
8. If she please not her master, who hath betrothed her to himself, then shall he let her be redeemed: to sell her unto a strange nation he shall have no power, seeing he hath dealt deceitfully with her.
8. Si displicuerit hero suo, nec sibi desponderit eam, redimendam curabit: populo alieno non habebit potestatem vendendi eam, quum spreverit eam.
9. And if he have betrothed her unto his son, he shall deal with her after the manner of daughters.
9. Quod si filio suo desponderit eam, secundum morem filiarum faciet ei.
10. If he take him another wife; her food, her raiment, and her duty of marriage, shall he not diminish.
10. Si aliam acceperit sibi, alimentum illius, operimentum illius, et constitutionem illius non diminuet.
11. And if he do not these three unto her, then shall she go out free without money.
11. Quod si tria haec non fecerit illi, egredietur gratis absque argento.
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
The next case is, that if he should betroth her to his son, (he must give her a dowry,5) 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,
1 This passage also taken further on in Fr.
2 The Hebrew text has
3 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.
4 A. V., "If she please not." Margin, "Heb., Be evil in the eyes of, etc."
5 Added from Fr., in which there is much verbal difference here.