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1If a man shall steal an ox, or a sheep, and kill it, or sell it; he shall restore five oxen for an ox, and four sheep for a sheep.
2If a thief shall be found breaking through, and be smitten that he die, there shall no blood be shed for him.
3If the sun shall have risen upon him, there shall be blood shed for him: for he should make full restitution; if he have nothing, then he shall be sold for his theft.
4If the theft shall be certainly found in his hand alive, whether an ox, or ass, or sheep; he shall restore double.
5If a man shall cause a field or vineyard to be eaten, and shall put in his beast, and shall feed in another man's field: of the best of his own field, and of the best of his own vineyard shall he make restitution.
6If fire shall break out, and catch in thorns, so that the stacks of corn, or the standing corn, or the field shall be consumed; he that kindled the fire shall surely make restitution.
7If a man shall deliver to his neighbor money or stuff to keep, and it be stolen out of the man's house; if the thief shall be found, let him pay double.
8If the thief shall not be found, then the master of the house shall be brought to the judges, to see whether he hath put his hand to his neighbor's goods.
9For all manner of trespass, whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing which another challengeth to be his: the cause of both parties shall come before the judges; and he whom the judges shall condemn, shall pay double to his neighbor.
10If a man shall deliver to his neighbor an ass, or an ox, or a sheep, or any beast to keep; and it shall die, or be hurt, or driven away, no man seeing it:
11Then shall an oath of the LORD be between them both, that he hath not put his hand to his neighbor's goods; and the owner of it shall accept of it, and he shall not make restitution.
12And if it shall be stolen from him, he shall make restitution to the owner of it.
13If it shall be torn in pieces; then let him bring it for witness, and he shall not make good that which was torn.
14And if a man shall borrow aught of his neighbor, and it shall be hurt, or die, the owner of it being not with it, he shall surely make it good.
15But if the owner of it shall be with it, he shall not make it good: if it be a hired thing, it came for his hire.
16And if a man shall entice a maid that is not betrothed, and lie with her, he shall surely endow her to be his wife.
17If her father shall utterly refuse to give her to him, he shall pay money according to the dower of virgins.
18Thou shalt not suffer a witch to live.
19Whoever lieth with a beast shall surely be put to death.
20He that sacrificeth to any god, save to the LORD only, he shall be utterly destroyed.
21Thou shalt neither vex a stranger, nor oppress him; for ye were strangers in the land of Egypt.
22Ye shall not afflict any widow, or fatherless child.
23If thou shalt afflict them in any wise, and they cry at all to me, I will surely hear their cry:
24And my wrath shall wax hot, and I will kill you with the sword; and your wives shall be widows, and your children fatherless.
25If thou shalt lend money to any of my people that is poor by thee, thou shalt not be to him as a usurer, neither shalt thou lay upon him usury.
26If thou shalt at all take thy neighbor's raiment to pledge, thou shalt deliver it to him by the setting of the sun.
27For that is his only covering, it is his raiment for his skin: wherein shall he sleep? and it shall come to pass, when he crieth to me, that I will hear; for I am gracious.
28Thou shalt not revile the gods, nor curse the ruler of thy people.
29Thou shalt not delay to offer the first of thy ripe fruits, and of thy liquors: the first-born of thy sons shalt thou give to me.
30Likewise shalt thou do with thy oxen, and with thy sheep: seven days it shall be with his dam; on the eighth day thou shalt give it to me.
31And ye shall be holy men to me: neither shall ye eat any flesh that is torn of beasts in the field; ye shall cast it to the dogs.
Lord, Give Me Your Heart - 2
By Jackie Pullinger5.1K24:57BurdenEXO 22:25NUM 11:1DEU 15:7DEU 15:10MAT 14:13JHN 12:4ACT 4:32In this sermon, the speaker emphasizes the importance of caring for the least fortunate in society. He uses the analogy of the long-haired and short-haired groups to represent those who neglect and those who help the needy. The speaker quotes Jesus, who says that when we neglect the least of these, we neglect Him. He urges listeners to give generously to the poor without hesitation, as God is more concerned with our giving than how the money is used. The speaker also encourages believers to remember their own past struggles and to be willing to help others find their inheritance in Christ.
What Is Prophetic? - Part 1
By Art Katz3.7K1:30:19PropheticEXO 22:22PRO 14:31ISA 1:17AMO 8:4MIC 6:8LUK 12:48JAS 1:27In this sermon, the speaker emphasizes the importance of being prepared to preach the word of God. He reflects on the example of Moses and the depth of God's dealing with him during his time in the wilderness and leading the people. The speaker also mentions a personal experience where he was drained but was able to speak after a worshipful man sang. He highlights the need for patience and waiting for the full disclosure of God's message before passing judgment. The sermon also touches on the destructive nature of worldly ambitions and the consequences of playing games with people's lives.
(Exodus) Exodus 22:3-25
By J. Vernon McGee3.3K05:48ExpositionalEXO 22:3In this sermon, the speaker discusses various laws and principles outlined in the Mosaic system given by God to His people. The speaker emphasizes the practicality and righteousness of these laws, which were meant to guide and benefit mankind. One example mentioned is the restitution required if someone's fire causes damage to another person's property. The speaker also highlights the severity of certain crimes, such as rape, theft, and idolatry, and the corresponding punishments outlined in the Bible. Additionally, the sermon emphasizes the importance of treating the poor with fairness and not taking advantage of them through excessive interest.
(Exodus) Exodus 22:1-2
By J. Vernon McGee3.3K05:21ExpositionalGEN 1:1EXO 22:1MAT 6:33LUK 19:8JHN 3:16ROM 3:23In this sermon, the speaker discusses a news story about a man who shot a thief breaking into his home and was sued by the thief. The speaker argues that the man should have been justified in protecting his property and loved ones. He then refers to Exodus 22 in the Bible, which outlines laws regarding theft and restitution. The speaker suggests that if society followed these biblical principles, there would be better protection and justice.
What Christ Did for Me (Zac’s Testimony)
By Zac Poonen3.0K1:00:30EXO 22:1MAT 28:19LUK 23:43JHN 7:38ACT 2:42TI 2:151PE 2:2In this sermon, the speaker reflects on the disconnect between the captivating nature of worldly entertainment and the perceived lack of interest in church and sermons. The speaker questions why God, as the creator of intelligence, does not help make church and sermons as interesting as secular television programs. The speaker emphasizes the importance of taking God's word seriously and ignoring the opinions of others and one's own reasoning. The speaker also shares personal experiences of surrendering ambitions and giving all to God, highlighting the emptiness of worldly pursuits compared to a life dedicated to God.
(Spiritual Dangers) Being Under God's Authority
By Don Currin2.1K51:43AuthorityGEN 19:24EXO 22:28PSA 33:13PSA 119:105MAT 5:13MAT 8:8ROM 13:1In this sermon, the speaker emphasizes the importance of looking for the good in others and recognizing our own flaws. He encourages appealing to authority with scripture and sound reasoning, speaking the truth in love. If the appeal is rejected, the speaker suggests responding with love and possibly moving on from the church. The sermon also highlights the significance of submission to God's authority as a mark of true conversion and a measure of a person's faith.
Commands Concerning the Holy Spirit
By Bill McLeod1.7K50:48Holy SpiritEXO 22:25MRK 3:5ACT 19:19EPH 4:26In this sermon, the preacher emphasizes the importance of rejoicing always and praying without ceasing. He shares personal anecdotes about facing challenges, such as having a flat tire or a crying baby, and encourages listeners to maintain a grateful attitude towards God despite these difficulties. The preacher also highlights the significance of speaking with grace and giving thanks, rather than engaging in filthiness or foolish talking. He reminds the audience that the earth is full of God's goodness and encourages them to focus on being a blessing to others through the love of God.
(Through the Bible) John 9-10
By Chuck Smith1.6K1:24:47EXO 22:8PSA 82:6MAT 6:33In this sermon, the speaker discusses a scenario where someone's jacket goes missing and their neighbor is found wearing it. The situation is taken to the judges to determine who the rightful owner is. The speaker then transitions to a spiritual message, emphasizing that trying to enter the kingdom of heaven through good works or religious acts is futile. Instead, Jesus is the only way to the Father. The speaker also references a book by Dr. Adam Smith, who provides insights into the culture of the people in the Holy Land, particularly regarding shepherds and their sheep. The analogy of the shepherd calling his sheep by name is used to illustrate the relationship between Jesus and his followers. The sermon concludes by highlighting that there are two types of people in the world: those who belong to Jesus and those who do not.
(The Lord - Merciful and Gracious) 3. the Lord on the Side of the Poor and Needy
By Roy Hession1.5K51:32Mercy Of GodEXO 22:22PSA 40:17PSA 74:21PSA 113:6PRO 14:21ISA 41:17MAT 6:33In this sermon, the speaker begins by describing the dramatic and thunderous opening of the sermon, comparing it to the witches in Hammett's play. The speaker then mentions a beautiful flute melody that he heard in Switzerland and relates it to the act of mercy and loving kindness. The sermon then shifts to discussing the concept of mercy and how it is shown to the poor and needy. The speaker emphasizes that God is on the side of the poor and oppressed, just like David facing Goliath, and that there is hope for those who are unable to help themselves. The sermon concludes by stating that the poor and needy are in their situation because of the oppression of their enemies.
(The Lord - Merciful and Gracious) 4. the Needy When He Crieth
By Roy Hession1.4K53:23Mercy Of GodEXO 22:26PSA 72:12PSA 72:17DAN 9:9DAN 9:19In this sermon, the preacher discusses the importance of obeying God's laws and regulations, particularly in relation to treating others with kindness and compassion. He emphasizes the commandment to return a neighbor's clothing by sunset, as it is their only covering and necessary for their well-being. The preacher also highlights the significance of sincere and heartfelt cries for help, especially when one feels the weight of God's discipline or when facing challenging circumstances. He encourages listeners to submit to God's discipline and seek peace in their current situation, reminding them of God's promise to restore and deliver them.
(Through the Bible) Exodus 21-22
By Chuck Smith1.4K1:02:34JusticeResponsibility of JudgesEXO 21:1EXO 21:12EXO 21:16EXO 21:22EXO 21:28EXO 22:1EXO 22:22Chuck Smith discusses Exodus chapters 21 and 22, emphasizing the importance of God's judgments and laws as guidelines for judges in Israel. He explains that these laws were not meant for personal retaliation but to ensure justice and order in society. Smith highlights the term 'Elohim' used for judges, indicating their role in representing God's authority in judgment. He also reflects on the responsibilities of judges and the moral implications of their decisions, urging humility and accountability in their roles. The sermon concludes with a reminder of the significance of serving God willingly, drawing parallels to the concept of being a bondservant of Christ.
1 Samuel 15
By Robert F. Adcock1.0K38:53EXO 22:18DEU 28:11SA 15:22PRO 28:14MAT 6:33ROM 8:1JAS 1:22In this sermon, the preacher emphasizes the importance of obeying God's commands and not taking them lightly. He uses the example of Saul, who was given the task of executing justice on a group of people with a bad reputation. However, Saul failed to fully obey God's command and suffered the consequences. The preacher warns that disobedience to God's will can lead to condemnation and judgment, and urges listeners to share this message with others who may be on a destructive path.
Guidelines to Freedom Part 7 - I Was Only Borrowing It
By Alistair Begg87840:54FreedomEXO 20:15EXO 22:1EXO 22:10MAT 6:33In this sermon, the preacher discusses the Eighth Commandment, "You shall not steal." He explains that stealing is wrong and explores different ways in which people can steal. The preacher then highlights the positive side of the commandment by sharing the story of Zacchaeus, a tax collector who repented and decided to restore four times the amount he had stolen and give half of his possessions to the poor. Jesus commended Zacchaeus and declared salvation had come to his house. The preacher concludes by urging the audience to reflect on their own lives and consider if they have experienced a transformation like Zacchaeus, emphasizing the importance of obeying the Eighth Commandment.
On Eagles' Wings Pt 19
By Don Courville75423:21Radio ShowEXO 22:1ISA 40:28MAT 5:40LUK 19:8In this sermon, the preacher shares two powerful stories of individuals who were convicted of their sins and chose to make restitution. The first story is about a construction worker who stole tools from his job site. After realizing his wrongdoing, he evaluated the attitudes that led him to steal and decided to ask for forgiveness and make restitution. His act of restitution not only brought him joy and gratitude, but also led the store owner and a salesman to become Christians. The second story is about a Christian floor salesman who was embezzling money from his business. After hearing a message on the importance of a good conscience, he too felt convicted and decided to face the owner and make things right. Despite his fear and financial pressure, he chose to do what was right. These stories serve as examples of the power of repentance, restitution, and the transformation that can occur when we allow God to work in our hearts.
Acts 22_pt2
By Bill Gallatin6101:08:18ExpositionalEXO 22:28MAT 6:33MRK 13:9ROM 8:282CO 12:9GAL 6:141PE 5:6In this sermon, the speaker reflects on the previous week's events where Paul had caused another riot while preaching. The speaker emphasizes God's sovereignty and control over all things, including Satan's attempts to destroy the church. The sermon highlights the importance of recognizing God's sovereignty and resting in it, regardless of the circumstances. The speaker also emphasizes the significance of having right motives and a heart that seeks the glory of God, even in the midst of trials and failures.
The Lord My Husband
By Octavius Winslow0God as HusbandComfort in GriefEXO 22:22DEU 10:18PSA 68:5PSA 146:9ISA 54:5MAT 6:26ROM 8:282CO 1:31TI 5:5JAS 1:27Octavius Winslow emphasizes the profound relationship between God and the believer, particularly in the context of widowhood, where God is portrayed as the 'Husband' to those who have lost their earthly partners. He reassures that despite the deep grief and desolation that comes with such loss, God remains a faithful and loving portion, providing comfort and care. Winslow encourages widows to renew their love for Christ, trusting in His promises and recognizing that He will protect and provide for them and their children. The sermon highlights God's special regard for widows and His commitment to their well-being, urging them to embrace their divine relationship with Him. Ultimately, it is a call to find solace and joy in the Lord, who fills the void left by earthly loss.
1 Peter 4:15
By John Gill0Righteous LivingAccountabilityGEN 9:6EXO 22:1PRO 28:13MAT 7:1GAL 6:51TH 4:112TH 3:111TI 5:13JAS 4:111PE 4:15John Gill emphasizes that Christians should not suffer for wrongdoing, such as murder, theft, or being a busybody in others' affairs. He explains that the consequences of such actions are severe, as outlined in the law of God, and that suffering for these reasons is disgraceful for a believer. Instead, Christians are called to live righteously and focus on their own responsibilities rather than meddling in the lives of others. Gill warns against the dangers of covetousness and the pursuit of others' goods, which can lead to moral failure. Ultimately, he encourages believers to uphold their integrity and character in all circumstances.
2 Peter 2:10
By John Gill0Rebellion Against AuthorityConsequences of SinEXO 22:28PSA 73:81CO 12:282PE 2:10JUD 1:7John Gill expounds on 2 Peter 2:10, emphasizing the dangers of those who walk after the flesh, particularly in the context of immoral practices that defy both natural law and divine authority. He warns against the pride and rebellion of individuals who despise governance, whether it be familial, civil, or divine, leading to chaos and sin. Gill highlights the severity of judgment that awaits those who engage in such behaviors, noting their presumptuousness and self-willed nature, which leads them to speak against dignities and authorities. The sermon serves as a stark reminder of the consequences of rejecting God's order and the moral decay that follows.
Harry Potter and the Lord of the Rings
By Rick Leibee0EXO 22:18Rick Leibee preaches about the warning in 1 Timothy 4:1-2 regarding some departing from the faith to follow seducing spirits and doctrines of demons, emphasizing the rise of acceptance of witchcraft in society through popular books like Harry Potter and The Lord of the Rings. He highlights the dangerous shift in thinking among Christians who defend these books, leading to a normalization of evil practices and a removal of godly fear. Leibee urges believers to recognize the spiritual battle for the minds and souls of children, emphasizing the eternal consequences of being seduced by demonic teachings.
Lend, Expecting Nothing
By David Servant0EXO 22:25DEU 15:7PSA 112:5PRO 19:17PRO 28:8MAT 5:42LUK 6:331TI 6:17HEB 13:16David Servant delves into Jesus' command to 'lend, expecting nothing in return,' emphasizing the importance of lending without expecting repayment, especially to the poor and needy. He highlights the virtue of lending as an act of compassion and generosity, reflecting God's kindness to all. Servant explores the biblical context of lending, focusing on God's expectations regarding loans made to the poor and the significance of lending without interest. He challenges listeners to consider their ability to be lenders and suggests practical ways to obey Jesus' commandment in today's context.
Epistle 111
By George Fox0Abiding in ChristPlainness of SpeechEXO 22:18DEU 18:10PSA 1:4ECC 5:2ISA 61:3MIC 4:4LUK 3:23JHN 1:9ROM 13:31CO 1:12CO 2:162CO 3:122CO 5:11COL 4:62TH 1:82TH 2:71TI 6:16TIT 2:122PE 1:201JN 1:7JUD 1:4George Fox warns believers to speak plainly and truthfully, allowing their words to reflect the light of Christ within them. He emphasizes that words should be life-giving and rooted in the grace of God, contrasting this with the consequences of ungodliness and deceit. Fox encourages the faithful to dwell in the light, which leads to purity in speech and unity among believers, ultimately producing righteousness. He reminds them that true ministry and prophecy come not from human will but from God, urging them to abide in Christ as branches of the true vine. The sermon calls for a life of integrity and sincerity, free from hypocrisy and flattery.
The Life of Christ, for Family Devotions - September
By F. L. Mortimer0EXO 22:22EZK 22:18DAN 12:3MAL 3:2MAT 23:13MAT 23:271CO 4:72CO 12:14EPH 4:2COL 1:27F. L. Mortimer preaches a powerful sermon denouncing the hypocrisy and pride of the Pharisees, warning against false teachings and the dangers of seeking worldly recognition over genuine piety. Through various woes, Christ exposes the sins of the Pharisees, highlighting their love of money, deceitful practices, and neglect of true righteousness. The sermon emphasizes the importance of genuine love for God and others, humility, and sincerity in worship, contrasting the righteous with the hypocritical. It serves as a solemn reminder to examine our hearts, motives, and actions, ensuring they align with God's truth and righteousness.
The Way of Cain
By Chip Brogden0GEN 4:3GEN 4:13EXO 22:29MAT 16:25JHN 3:27HEB 11:41JN 3:11JUD 1:4Chip Brogden preaches about the contrasting ways of Cain and Abel in relating to the Lord, emphasizing the importance of giving God our first and best with a heart of worship and love. Abel's sacrifice was accepted because he gave the firstlings of his flock, while Cain's offering was rejected as he gave only some of the fruit of the ground. The sermon delves into the heart motivations behind our actions, highlighting the danger of self-centered religious sacrifices and the consequences of following the way of Cain, which leads to hatred, destruction, and separation from God's presence.
- Adam Clarke
- Jamieson-Fausset-Brown
- John Gill
- Keil-Delitzsch
- Matthew Henry
- Tyndale
Introduction
Laws concerning theft, Exo 22:1-4; concerning trespass, Exo 22:5; concerning casualties, Exo 22:6. Laws concerning deposits, or goods left in custody of others, which may have been lost, stolen, or damaged, Exo 22:7-13. Laws concerning things borrowed or let out on hire, Exo 22:14, Exo 22:15. Laws concerning seduction, Exo 22:16, Exo 22:17. Laws concerning witchcraft, Exo 22:18; bestiality, Exo 22:19; idolatry, Exo 22:20. Laws concerning strangers, Exo 22:21; concerning widows, Exo 22:22-24; lending money to the poor, Exo 22:25; concerning pledges, Exo 22:26; concerning respect to magistrates, Exo 22:28; concerning the first ripe fruits, and the first-born of man and beast, Exo 22:29, Exo 22:30. Directions concerning carcasses found torn in the field, Exo 22:31.
Verse 1
If a man shall steal - This chapter consists chiefly of judicial laws, as the preceding chapter does of political; and in it the same good sense, and well-marked attention to the welfare of the community and the moral improvement of each individual, are equally evident. In our translation of this verse, by rendering different Hebrew words by the same term in English, we have greatly obscured the sense. I shall produce the verse with the original words which I think improperly translated, because one English term is used for two Hebrew words, which in this place certainly do not mean the same thing. If a man shall steal an ox (שור shor) or a sheep, (שה seh), and kill it, or sell it; he shall restore five oxen (בקר bakar) for an ox, (שור shor), and four sheep (צאן tson) for a sheep (שה seh). I think it must appear evident that the sacred writer did not intend that these words should be understood as above. A shor certainly is different from a bakar, and a seh from a tson. Where the difference in every case lies, wherever these words occur, it is difficult to say. The shor and the bakar are doubtless creatures of the beeve kind, and are used in different parts of the sacred writings to signify the bull, the ox, the heifer, the steer, and the calf. The seh and the tson are used to signify the ram, the wether, the ewe, the lamb, the he-goat, the she-goat, and the kid. And the latter word צאן tson seems frequently to signify the flock, composed of either of these lesser cattle, or both sorts conjoined. As שור shor is used, Job 21:10, for a bull probably it may mean so here. If a man steal a Bull he shall give five Oxen for him, which we may presume was no more than his real value, as very few bulls could be kept in a country destitute of horses, where oxen were so necessary to till the ground. For though some have imagined that there were no castrated cattle among the Jews, yet this cannot be admitted on the above reason; for as they had no horses, and bulls would have been unmanageable and dangerous, they must have had oxen for the purposes of agriculture. Tson צאן is used for a flock either of sheep or goats, and seh שה for an individual of either species. For every seh, four, taken indifferently from the tson or flock must be given; i.e., a sheep stolen might be recompensed with four out of the flock, whether of sheep or goats: so that a goat might be compensated with four sheep, or a sheep with four goats.
Verse 2
If a thief be found - If a thief was found breaking into a house in the night season, he might be killed; but not if the sun had risen, for then he might be known and taken, and the restitution made which is mentioned in the succeeding verse. So by the law of England it is a burglary to break and enter a house by night; and "anciently the day was accounted to begin only from sunrising, and to end immediately upon sunset: but it is now generally agreed that if there be daylight enough begun or left, either by the light of the sun or twilight, whereby the countenance of a person may reasonably be discerned, it is no burglary; but that this does not extend to moonlight, for then many midnight burglaries would go unpunished. And besides, the malignity of the offense does not so properly arise, as Mr. Justice Blackstone observes, from its being done in the dark, as at the dead of night when all the creation except beasts of prey are at rest; when sleep has disarmed the owner, and rendered his castle defenceless." - East's Pleas of the Crown, vol. ii., p. 509.
Verse 4
He shall restore double - In no case of theft was the life of the offender taken away; the utmost that the law says on this point is, that, if when found breaking into a house, he should be smitten so as to die, no blood should be shed for him; Exo 22:2. If he had stolen and sold the property, then he was to restore four or fivefold, Exo 22:1; but if the animal was found alive in his possession, he was to restore double.
Verse 6
If fire break out - Mr. Harmer observes that it is a common custom in the east to set the dry herbage on fire before the autumnal rains, which fires, for want of care, often do great damage: and in countries where great drought prevails, and the herbage is generally parched, great caution was peculiarly necessary; and a law to guard against such evils, and to punish inattention and neglect, was highly expedient. See Harmer's Observat., vol. iii., p. 310, etc.
Verse 7
Deliver unto his neighbor - This is called pledging in the law of bailments; it is a deposit of goods by a debtor to his creditor, to be kept till the debt be discharged. Whatever goods were thus left in the hands of another person, that person, according to the Mosaic law, became responsible for them; if they were stolen, and the thief was found, he was to pay double; if he could not be found, the oath of the person who had them in keeping, made before the magistrates, that he knew nothing of them, was considered a full acquittance. Among the Romans, if goods were lost which a man had entrusted to his neighbor, the depositary was obliged to pay their full value. But if a man had been driven by necessity, as in case of fire, to lodge his goods with one of his neighbors, and the goods were lost, the depositary was obliged to pay double their value, because of his unfaithfulness in a case of such distress, where his dishonesty, connected with the destruction by the fire, had completed the ruin of the sufferer. To this case the following law is applicable: Cum quis fidem elegit, nec depositum redditur, contentus esse debet simplo: cum vero extante necessitate deponat, crescit perfidia crimen, etc. - Digest., lib. xvi., tit. 3, 1. 1.
Verse 8
Unto the judges - See Clarke's note on Exo 21:6.
Verse 9
Challengeth to be his - It was necessary that such a matter should come before the judges, because the person in whose possession the goods were found might have had them by a fair and honest purchase; and, by sifting the business, the thief might be found out, and if found, be obliged to pay double to his neighbor.
Verse 11
An oath of the Lord be between them - So solemn and awful were all appeals to God considered in those ancient times, that it was taken for granted that the man was innocent who could by an oath appeal to the omniscient God that he had not put his hand to his neighbor's goods. Since oaths have become multiplied, and since they have been administered on the most trifling occasions, their solemnity is gone, and their importance little regarded. Should the oath ever reacquire its weight and importance, it must be when administered only in cases of peculiar delicacy and difficulty, and as sparingly as in the days of Moses.
Verse 13
If it be torn in pieces - let him bring it for witness - Rather, Let him bring עד הטרפה ed hatterephah, a testimony or evidence of the torn thing, such as the horns, hoofs, etc. This is still a law in some countries among graziers: if a horse, cow, sheep, or goat, entrusted to them, be lost, and the keeper asserts it was devoured by dogs, etc., the law obliges him to produce the horns and hoofs, because on these the owner's mark is generally found. If these can be produced, the keeper is acquitted by the law. The ear is often the place marked, but this is not absolutely required, because a ravenous beast may eat the ear as well as any other part, but he cannot eat the horns or the hoofs. It seems however that in after times two of the legs and the ear were required as evidences to acquit the shepherd of all guilt. See Amo 3:12.
Verse 16
If a man entice a maid - This was an exceedingly wise and humane law, and must have operated powerfully against seduction and fornication; because the person who might feel inclined to take the advantage of a young woman knew that he must marry her, and give her a dowry, if her parents consented; and if they did not consent that their daughter should wed her seducer, in this case he was obliged to give her the full dowry which could have been demanded had she been still a virgin. According to the Targumist here, and to Deu 22:29, the dowry was fifty shekels of silver, which the seducer was to pay to her father, and he was obliged to take her to wife; nor had he authority, according to the Jewish canons, ever to put her away by a bill of divorce. This one consideration was a powerful curb on disorderly passions, and must tend greatly to render marriages respectable, and prevent all crimes of this nature.
Verse 18
Thou shalt not suffer a witch to live - If there had been no witches, such a law as this had never been made. The existence of the law, given under the direction of the Spirit of God, proves the existence of the thing. It has been doubted whether מכשפה mecash-shephah, which we translate witch, really means a person who practiced divination or sorcery by spiritual or infernal agency. Whether the persons thus denominated only pretended to have an art which had no existence, or whether they really possessed the power commonly attributed to them, are questions which it would be improper to discuss at length in a work of this kind; but that witches, wizards, those who dealt with familiar spirits, etc., are represented in the sacred writings as actually possessing a power to evoke the dead, to perform, supernatural operations, and to discover hidden or secret things by spells, charms, incantations, etc., is evident to every unprejudiced reader of the Bible. Of Manasseh it is said: He caused his children to pass through the fire in the valley of the son of Hinnom: also he observed times [ועונן, veonen, he used divination by clouds] and used enchantments, and used witchcraft, [וכשף vechishsheph], and dealt with a familiar spirit, [ועשה אוב veasah ob, performed a variety of operations by means of what was afterwards called the πνευμα πυθωνος, the spirit of Python], and with wizards, [ידעוני yiddeoni, the wise or knowing ones]; and he wrought much evil in the sight of the Lord; Ch2 33:6. It is very likely that the Hebrew כשף cashaph, and the Arabic cashafa, had originally the same meaning, to uncover, to remove a veil, to manifest, reveal, make bare or naked; and mecashefat is used to signify commerce with God. See Wilmet and Giggeius. The mecashshephah or witch, therefore, was probably a person who professed to reveal hidden mysteries, by commerce with God, or the invisible world. From the severity of this law against witches, etc., we may see in what light these were viewed by Divine justice. They were seducers of the people from their allegiance to God, on whose judgment alone they should depend; and by impiously prying into futurity, assumed an attribute of God, the foretelling of future events, which implied in itself the grossest blasphemy, and tended to corrupt the minds of the people, by leading them away from God and the revelation he had made of himself. Many of the Israelites had, no doubt, learned these curious arts from their long residence with the Egyptians; and so much were the Israelites attached to them, that we find such arts in repute among them, and various practices of this kind prevailed through the whole of the Jewish history, notwithstanding the offense was capital, and in all cases punished with death.
Verse 19
Lieth with a beast - If this most abominable crime had not been common, it never would have been mentioned in a sacred code of laws. It is very likely that it was an Egyptian practice; and it is certain, from an account in Sonnini's Travels, that it is practiced in Egypt to the present day.
Verse 20
Utterly destroyed - The word חרם cherem denotes a thing utterly and finally separated from God and devoted to destruction, without the possibility of redemption.
Verse 21
Thou shalt neither vex a stranger, nor oppress him - This was not only a very humane law, but it was also the offspring of a sound policy: "Do not vex a stranger; remember ye were strangers. Do not oppress a stranger; remember ye were oppressed. Therefore do unto all men as ye would they should do to you." It was the produce of a sound policy: "Let strangers be well treated among you, and many will come to take refuge among you, and thus the strength of your country will be increased. If refugees of this kind be treated well, they will become proselytes to your religion, and thus their souls may be saved." In every point of view, therefore, justice, humanity, sound policy, and religion, say. Neither vex nor oppress a stranger.
Verse 22
Ye shall not afflict any widow, or fatherless child - It is remarkable that offenses against this law are not left to the discretion of the judges to be punished; God reserves the punishment to himself, and by this he strongly shows his abhorrence of the crime. It is no common crime, and shall not be punished in a common way; the wrath of God shall wax hot against him who in any wise afflicts or wrongs a widow or a fatherless child: and we may rest assured that he who helps either does a service highly acceptable in the sight of God.
Verse 25
Neither shalt thou lay upon him usury - נשך neshech, from nashach, to bite, cut, or pierce with the teeth; biting usury. So the Latins call it usura vorax, devouring usury. "The increase of usury is called נשך neshech, because it resembles the biting of a serpent; for as this is so small as scarcely to be perceptible at first, but the venom soon spreads and diffuses itself till it reaches the vitals, so the increase of usury, which at first is not perceived nor felt, at length grows so much as by degrees to devour another's substance." - Leigh. It is evident that what is here said must be understood of accumulated usury, or what we call compound interest only; and accordingly נשך neshech is mentioned with and distinguished from תרביה tarbith and מרביה marbith, interest or simple interest, Lev 25:36, Lev 25:37; Pro 28:8; Eze 18:8, Eze 18:13, Eze 18:17, and Exo 22:12 - Parkhurst. Perhaps usury may be more properly defined unlawful interest, receiving more for the loan of money than it is really worth, and more than the law allows. It is a wise regulation in the laws of England, that if a man be convicted of usury - taking unlawful interest, the bond or security is rendered void, and he forfeits treble the sum borrowed. Against such an oppressive practice the wisdom of God saw it essentially necessary to make a law to prevent a people, who were naturally what our Lord calls the Pharisees, φιλαργυροι, lovers of money, (Luk 16:14), from oppressing each other; and who, notwithstanding the law in the text, practice usury in all places of their dispersion to the present day.
Verse 26
If thou - take thy neighbor's raiment to pledge - It seems strange that any pledge should be taken which must be so speedily restored; but it is very likely that the pledge was restored by night only, and that he who pledged it brought it back to his creditor next morning. The opinion of the rabbins is, that whatever a man needed for the support of life, he had the use of it when absolutely necessary, though it was pledged. Thus he had the use of his working tools by day, but he brought them to his creditor in the evening. His hyke, which serves an Arab as a plaid does a Highlander, (See Clarke's note on Exo 12:34), was probably the raiment here referred to: it is a sort of coarse blanket, about six yards long, and five or six feet broad, which an Arab always carries with him, and on which he sleeps at night, it being his only substitute for a bed. As the fashions in the east scarcely ever change, it is very likely that the raiment of the Israelites was precisely the same with that of the modern Arabs, who live in the very same desert in which the Hebrews were when this law was given. How necessary it was to restore the hyke to a poor man before the going down of the sun, that he might have something to repose on, will appear evident from the above considerations. At the same time, the returning it daily to the creditor was a continual acknowledgment of the debt, and served instead of a written acknowledgment or bond; as we may rest assured that writing, if practiced at all before the giving of the law, was not common: but it is most likely that it did not exist.
Verse 28
Thou shalt not revile the gods - Most commentators believe that the word gods here means magistrates. The original is אלהים Elohim, and should be understood of the true God only: Thou shalt not blaspheme or make light of [תקלל tekallel] God, the fountain of justice and power, nor curse the ruler of thy people, who derives his authority from God. We shall ever find that he who despises a good civil government, and is disaffected to that under which he lives, is one who has little fear of God before his eyes. The spirit of disaffection and sedition is ever opposed to the religion of the Bible. When those who have been pious get under the spirit of misrule, they infallibly get shorn of their spiritual strength, and become like salt that has lost its savor. He who can indulge himself in speaking evil of the civil ruler, will soon learn to blaspheme God. The highest authority says, Fear God: honor the king.
Verse 29
The first of thy ripe fruits - This offering was a public acknowledgment of the bounty and goodness of God, who had given them their proper seed time, the first and the latter rain, and the appointed weeks of harvest. From the practice of the people of God the heathens borrowed a similar one, founded on the same reason. The following passage from Censorinus, De Die Natali, is beautiful, and worthy of the deepest attention: - Illi enim (majores nostri) qui alimenta, patriam, lucem, se denique ipsos deorum dono habebant, ex omnibus aliquid diis sacrabant, magis adeo, ut se gratos approbarent, quam quod deos arbitrarentur hoc indigere. Itaque cum perceperant fruges, antequam vescerentur, Diis libare instituerunt: et cum agros atque urbes, deorum munera, possiderent, partem quandam templis sacellisque, ubi eos colerent, dicavere. "Our ancestors, who held their food, their country, the light, and all that they possessed, from the bounty of the gods, consecrated to them a part of all their property, rather as a token of their gratitude, than from a conviction that the gods needed any thing. Therefore as soon as the harvest was got in, before they had tasted of the fruits, they appointed libations to be made to the gods. And as they held their fields and cities as gifts from their gods, they consecrated a certain part for temples and shrines, where they might worship them." Pliny is express on the same point, who attests that the Romans never tasted either their new corn or wine, till the priests had offered the First-Fruits to the gods. Acts ne degustabant quidem, novas fruges aut vina, antequam sacerdotes Primitias Libassent. Hist. Nat., lib. xviii., c. 2. Horace bears the same testimony, and shows that his countrymen offered, not only their first-fruits, but the choicest of all their fruits, to the Lares or household gods; and he shows also the wickedness of those who sent these as presents to the rich, before the gods had been thus honored: - Dulcia poma, Et quoscumque feret cultus tibi fundus honores, Ante Larem gustet venerabilior Lare dives. Sat., lib. ii., s. v., ver. 12. "What your garden yields, The choicest honors of your cultured fields, To him be sacrificed, and let him taste, Before your gods, the vegetable feast." Dunkin. And to the same purpose Tibullus, in one of the most beautiful of his elegies: - Et quodcumque mihi pomum novus educat annus, Libatum agricolae ponitur ante deo. Flava Ceres, tibi sit nostro de rure corona Spicea, quae templi pendeat ante fores. Eleg., lib. i., eleg. i. ver. 13. "My grateful fruits, the earliest of the year, Before the rural god shall daily wait. From Ceres' gifts I'll cull each browner ear, And hang a wheaten wreath before her gate." Grainger. The same subject he touches again in the fifth elegy of the same book, where he specifies the different offerings made for the produce of the fields, of the flocks, and of the vine, ver. 27: - Illa deo sciet agricolae pro vitibus uvam, Pro segete spicas, pro grege ferre dapem. "With pious care will load each rural shrine, For ripen'd crops a golden sheaf assign, Cates for my fold, rich clusters for my wine. Id. - See Calmet. These quotations will naturally recall to our memory the offerings of Cain and Abel, mentioned Gen 4:3, Gen 4:4. The rejoicings at our harvest-home are distorted remains of that gratitude which our ancestors, with all the primitive inhabitants of the earth, expressed to God with appropriate signs and ceremonies. Is it not possible to restore, in some goodly form, a custom so pure, so edifying, and so becoming? There is a laudable custom, observed by some pious people, of dedicating a new house to God by prayer, etc., which cannot be too highly commended.
Verse 30
Seven days it shall be with his dam - For the mother's health it was necessary that the young one should suck so long; and prior to this time the process of nutrition in a young animal can scarcely be considered as completely formed. Among the Romans lambs were not considered as pure or clean before the eighth day; nor calves before the thirtieth: Pecoris faetus die octavo purus est, bovis trigesimo - Plin. Hist. Nat., lib. viii.
Verse 31
Neither shall ye eat - flesh - torn of beasts in the field - This has been supposed to be an ordinance against eating flesh cut off the animal while alive, and so the Syriac seems to have understood it. If we can credit Mr. Bruce, this is a frequent custom in Abyssinia; but human nature revolts from it. The reason of the prohibition against eating the flesh of animals that had been torn, or as we term it worried in the field, appears to have been simply this: That the people might not eat the blood, which in this case must be coagulated in the flesh; and the blood, being the life of the beast, and emblematical of the blood of the covenant, was ever to be held sacred, and was prohibited from the days of Noah. See Clarke's note on Gen 9:4. In the conclusion of this chapter we see the grand reason of all the ordinances and laws which it contains. No command was issued merely from the sovereignty of God. He gave them to the people as restraints on disorderly passions, and incentives to holiness; and hence he says, Ye shall be holy men unto me. Mere outward services could neither please him nor profit them; for from the very beginning of the world the end of the commandment was love out of a pure heart and good conscience, and faith unfeigned, Ti1 1:5. And without these accompaniments no set of religious duties, however punctually performed, could be pleasing in the sight of that God who seeks truth in the inward parts, and in whose eyes the faith that worketh by love is alone valuable. A holy heart and a holy, useful life God invariably requires in all his worshippers. Reader, how standest thou in his sight?
Introduction
LAWS CONCERNING THEFT. (Exo. 22:1-31) If a man shall steal an ox, or a sheep--The law respects the theft of cattle which constituted the chief part of their property. The penalty for the theft of a sheep which was slain or sold, was fourfold; for an ox fivefold, because of its greater utility in labor; but, should the stolen animal have been recovered alive, a double compensation was all that was required, because it was presumable he (the thief) was not a practised adept in dishonesty. A robber breaking into a house at midnight might, in self-defense, be slain with impunity; but if he was slain after sunrise, it would be considered murder, for it was not thought likely an assault would then be made upon the lives of the occupants. In every case where a thief could not make restitution, he was sold as a slave for the usual term.
Verse 6
If fire break out, and catch in thorns--This refers to the common practice in the East of setting fire to the dry grass before the fall of the autumnal rains, which prevents the ravages of vermin, and is considered a good preparation of the ground for the next crop. The very parched state of the herbage and the long droughts of summer, make the kindling of a fire an operation often dangerous, and always requiring caution from its liability to spread rapidly. stacks--or as it is rendered "shocks" (Jdg 15:5; Job 5:26), means simply a bundle of loose sheaves.
Verse 26
If thou at all take thy neighbour's raiment to pledge, &c.--From the nature of the case, this is the description of a poor man. No Orientals undress, but, merely throwing off their turbans and some of their heavy outer garments, they sleep in the clothes which they wear during the day. The bed of the poor is usually nothing else than a mat; and, in winter, they cover themselves with a cloak--a practice which forms the ground or reason of the humane and merciful law respecting the pawned coat.
Verse 28
gods--a word which is several times in this chapter rendered "judges" or magistrates. the ruler of thy people--and the chief magistrate who was also the high priest, at least in the time of Paul (Act 23:1-5). Next: Exodus Chapter 23
Introduction
INTRODUCTION TO EXODUS 22 This chapter contains various laws concerning theft, Exo 22:1, concerning damage done to fields and vineyards by beasts, and to corn in stacks or standing, by fire, Exo 22:5, concerning anything or creature deposited in the hands of a neighbour, and they be stolen or lost by one means or another, Exo 22:7, concerning anything borrowed, and it comes to any damage, Exo 22:14, concerning fornication, Exo 22:16 concerning witchcraft, bestiality, and idolatry, Exo 22:18 concerning oppression, and affliction of the stranger, fatherless, and widow, Exo 22:21 concerning taking usury and pledges, Exo 22:25, concerning irreverence to magistrates, Exo 22:28, concerning the offering of firstfruits to God, Exo 22:29 and the chapter is concluded with a prohibition of eating anything torn by beasts, Exo 22:31
Verse 1
If a man shall steal an ox or a sheep,.... In which the substance of men chiefly lay in those times, and particularly the people of Israel, who were now come out of Egypt, with their flocks and herds, and these lying near together, were the more liable to be stolen; and hence also the laws in the preceding chapter concerning oxen and damages done by them, and oxen and sheep are only mentioned; perhaps chiefly because used in sacrifice, as well as serviceable for other things; not but that stealing other cattle and other things were criminal and forbidden, and to be punished in proportion: and kill it, or sell it; either of which cases would plainly show that he took it away with an intention to deprive the owner of it, and to convert it to his own use: he shall restore five oxen for an ox, and four sheep for a sheep; the reason of this difference, five being obliged to be given for the one, and but four for the other, is, because the one was more valuable than the other, as well as more useful, and also more easily stolen, and therefore the greater mulct or fine was laid upon the theft of it, to deter from it: the Targum of Jonathan expresses the reason of the law thus; five for oxen, because the theft of them hindered from ploughing, or made to cease from it; and for sheep but four, because there was trouble in the theft of them, and there was no tillage or agriculture by them: and Saadiah Gaon observes, that the damage that comes to the owner of the ox is more than that by a lamb, because with it, the ox, he ploughs, which is a creature that was used in those countries to be employed in that service, as well as in treading out the corn: Maimonides (u) accounts for it thus,"the restitution of the theft of oxen is increased by one, because the theft of them is easy; sheep are fed in flocks, and are easily kept and watched, and can scarcely be taken away by theft but in the night; but oxen are fed scattered here and there, and therefore cannot be so easily kept by the herdsmen; hence also their theft used to be more common:''four fold restitution was in use with the ancient Persians, with whom it was a rule,"whoever took any substance of another, in retaliation they took fourfold from him, and if he restored it, he gave fourfold of the same (w).'' (u) Moreh Nevochim, par. 3. c. 41. (w) Lib. Shed-dar, apud Hyde Relig. Vet. Pers. p. 472.
Verse 2
If a thief be found breaking up,.... An house, in order to steal money, jewels, household goods, &c. or breaking through any fence, hedge, or wall of any enclosure, where oxen, or sheep, or any other creatures are, in order to take them away: the Targum of Jonathan is,"if in the hole of a wall (or window of it) a thief be found;''that is, in the night, as appears from the following verse, "if the sun", &c. to which this is opposed, as Aben Ezra observes; some render it, with a digging instrument (x); and it is a Jewish canon (y), that"if anyone enter with a digging instrument: he is condemned on account of his end;''his design, which is apparent by the instrument found upon him; for, as Maimonides (z) observes,"it is well known, that if anyone enters with a digging instrument, that he intends, if the master of the house opposes him to deliver his goods out of his power, that he will kill him, and therefore it is lawful to kill him; but it does not signify whether he enters with a digging instrument, either by the way of the court, or roof;" and be smitten that he die be knocked down with a club, by the master of the house, or any of his servants, or be run through with a sword, or be struck with any other weapon, to hinder him from entrance and carrying off any of the goods of the house, and the blow be mortal: there shall no blood be shed for him: as for a man that is murdered; for to kill a man when breaking into a house, and, by all appearance, with an intention to commit murder, if resisted, in defence of a man's self, his life and property, was not to be reckoned murder, and so not punishable with death: or, "no blood" shall be "unto him" (a); shall be imputed to him, the man that kills the thief shall not be chargeable with his blood, or suffer for shedding it; because his own life was risked, and it being at such a time, could call none to his assistance, nor easily discern the person, nor could know well where and whom he struck. (x) "cum perfossorio", Pagninus; "cum instrumento perfosserio", Tigurine version. (y) Misn. Sanhedrin, c. 8. sect. 6. (z) Comment. in ib. (a) "non ei sanguines", Montanus, Vatablus, Drusius.
Verse 3
If the sun be risen upon him,.... Either upon the thief, or upon the master of the house, or the person that finds the thief and smites him that he dies; it matters not which it is interpreted, it is true of both, for when it is risen on the one, it is on the other: there shall be blood shed for him; the person that kills him shall die for it: the Targum of Jonathan is,"if it is as clear as the sun (and so Jarchi), that not to kill any he entered, and he should kill him, there is guilt of shedding innocent blood:''because coming at broad daylight, and when the sun was up, it was a plain case he came not with a design to murder, but only to steal; besides, being at such a time, the master of the house could call for help and assistance, and take him; which is what is suggested he should do, and not take away his life, but oblige him, if he had got any of his goods, to restore them, as follows: for he should makes full restitution; by returning them and as much more, as the following verse shows: if he have nothing, then he shall be sold for his theft, by the sanhedrim, or court, of judicature: as the Targum of Jonathan, before whom he should be brought, and the theft proved upon him, and unto the year of the remission or release, as the same Targum; nor were such to be sold to strangers, or to serve forever, for they were to be dismissed after six years, as Josephus (b) observes: and it is a canon with the Jews (c), that,"an Hebrew servant whom the sanhedrim sell, they do not sell him but to an Israelite, or to a proselyte of righteousness;''according to the Targum of Jonathan, it seems as if he was to be sold to the person from whom he stole, since it is,"he shall he sold to him;''but if not, however, the price he was sold at was to be given to him for a recompence of his loss; so says Maimonides (d),"if he have not goods, neither movable nor immovable the sanhedrim sell him, and give the price to him that is injured, as it is said: "if he have nothing", &c. and adds, a man is sold for his theft but not a woman (e):''from hence it appears that theft was not a capital crime by the law of Moses: Draco is said to be the first who made it so; but his law being thought by the Athenians to be too severe, was annulled by them (f): the law of the twelve tables, with the Romans greatly agrees with the Mosaic laws about theft; these permitted to kill a thief who should be taken in open theft, if either when he committed the theft it was night or if in the daytime, and he defended himself with weapons when about to be taken (g) or, as elsewhere expressed (h), an open thief was delivered to servitude to him who was robbed, but nocturnal thief it was lawful to kill by the law of the twelve tables. (b) Antiqu. l. 16. c. 1. sect. 1. (c) Maimon. Abadim. c. 1. sect. 3. (d) Hilchot Genubah, c. 3. sect. 11. (e) So Misn. Sotah, c. 3. sect, 8. (f) A. Gell Noct. Attic. l. 11. c. 18. (g) Ib. (h) Ib. l. 20. c. 1.
Verse 4
If the theft be certainly found in his hand alive,.... Or, "in finding be found" (i), be plainly and evidently found upon him, before witnesses, as the Targum of Jonathan; so that there is no doubt of the theft; and it is a clear case that he had neither as yet killed nor sold the creature he had stolen, and to could be had again directly, and without any damage well as it would appear by this that he was not an old expert thief, and used to such practices, since he would soon have made away with this theft in some way or another: whether it be ox, or ass, or sheep, or any other creature; and even, as Jarchi thinks, anything else, as raiment, goods, &c. he shall restore double; two oxen for an ox, two asses for an ass, and two sheep for a sheep: and, as the same commentator observes, two living ones, and not dead ones, or the price of two living ones: so Solon made theft, by his law, punishable with death, but with a double restitution (k); and the reason why here only a double restitution and not fourfold is insisted on, as in Exo 22:1 is, because there the theft is persisted in, here not; but either the thief being convicted in his own conscience of his evil, makes confession, or, however, the creatures are found with alive, and so more useful being restored, and, being had again sooner, the loss is not quite so great. (i) "inveniendo inventum fuerit", Pagninus, Montanus, Piscator. (k) A. Gell, l. 11. c. 18.
Verse 5
If a man shall cause a field or vineyard to be eaten,.... Which is not his own, by putting cattle into it to feed upon it, as it is explained in the next clause: and shall put in his beast, and shall feed in another man's field; do damage in one or both those two ways, either by his feet treading down the grass and fruits of the earth, which the Rabbins, as Jarchi says, think, is meant by putting in his beast; or with his beast eating up the same, which is intended by the latter phrase: of the best of his own field, and of the best of his own vineyard, shall he make restitution for what damage is done by his beast in his neighbour's field or vineyard; and this held good of any garden or orchard injured in like manner; and it is a general rule with the Jews, that when any damage is sustained, he that does the damage is obliged to pay with the best the earth produces (l), even though better than was the man's that suffered the loss, that for the future he might be more careful of doing injury to another (m). (l) Misc. Bava Kama, c. 1. sect. 1. (m) Bartenora in Misn. Gittin, c. 5. sect. 1.
Verse 6
If fire break out,.... Even though of itself, as Jarchi interprets it: and catch in thorns a thorn hedge or fence, with which cornfields might be en closed: so that the stacks of corn, or the standing corn, or the field, be consumed therewith; whether it be corn cut down, bound up in sheaves, and laid up in heaps or stacks, or whether it be yet growing, and not fully ripe, at least not cut down, or any other fruits of the field; if the fire that takes the thorns which are near them should reach to those, and kindle upon them and destroy them: he that kindleth the fire, shall surely make restitution: that is, though he kindles the fire upon his own ground, yet being careless of it, it breaks out without his intention and design, and catches hold on a thorn hedge between him and his neighbour's field, and so spreads itself to the corn there, whether standing or in stacks, or to other fruits either lying or growing there; now, though he did not kindle the fire in the corn, and among the stacks or heaps of fruit in his neighbours field, yet, for his carelessness in not looking after the fire he had kindled in his own field, he was to make good all the damages his neighbour sustained hereby: the Jewish canons relating to this affair are these;"if a man kindles a fire by the hands of a deaf man, or a fool, or a child, he is free by human judgment, but he is bound by the judgment of heaven (that is, to make restitution); if he kindles it by the hand of a knowing and understanding man, he is bound; one brings fire and another "afterwards" brings wood, he that brings the wood is bound; one brings wood and another "afterwards" brings fire, he that brings the fire is bound; "after that", another comes and blows the flame (or fire), he is bound; "but if" the wind blows it they are all free; he that kindles fire and it consumes wood or stones, or dust, he is bound, as it is said, Exo 22:6 "if fire break out", &c. if the fire passes over a fence four cubits high, or a public road, or a river, he is free (n);''those two things last mentioned, feeding on another man's field and fire, with the ox and the pit, observed in the preceding chapter, are with the Misnic doctors (o), the four fathers' fountains, or sources of damages. (n) Bartenora in Misn. Gittin, c. 5. sect. 4. (o) Ib. c. 1. sect. 1.
Verse 7
If a man shall deliver unto his neighbour money or stock to keep,.... Without any reward for keeping it, as the Targum of Jonathan; and so other Jewish writers (p) understand this passage of such as keep a deposit freely, having nothing for it; whether it be money or goods, gold, silver, jewels, raiment, household stuff or any kind of vessels or instruments used in the house, or in trade; and also cattle, as appears from Exo 22:9. and if it be stolen out of the man's house; into whose custody it was delivered: if the thief be found, let him pay double: the worth of what is stolen, agreeably to the law in Exo 22:4 that is, if it was found in his hands; but if he had disposed of it, then he was to pay five fold or four fold, as in Exo 22:1, and so runs the Jewish canon (q),"if anyone delivers to his neighbour a beast or vessels, and they are stolen or lost, he shall make restitution; but if he will not swear, for they say, one that keeps for nothing, may swear and be free; then if the thief should be found he shall pay double; if he has killed or sold, he shall pay four fold or five fold: to whom shall he pay? to him with whom the depositum is: if he swears, and will not pay, and the thief is found, he shall pay double; if he has killed or sold he shall pay four fold and five fold: to whom shall he pay? to the owner of the depositum.'' (p) Jarchi in ver. 10. Bartenora in Misn. Shebuot, c. 6. sect. 5. (q) Misn. Bava Metzia, c. 3. sect. 1.
Verse 8
If the thief be not found,.... And so no account can be given of the goods deposited, what is become of them, and it becomes a doubtful case whether they have been stolen or embezzled, and there is suspicion of the latter: then the master of the house shall be brought unto the judges: here called Elohim, gods, because they were God's vicegerents, and represented him, and acted under his power and authority; and who at this present were Moses, and those that judged the people under him, and afterwards the seventy elders, and all such who in succeeding times were judges in Israel, and bore the office of civil magistrates; before these the master of the house, or the person who had any goods committed to his care, and they were lost, was to be brought and put to his oath, and upon it examined, in order to find out what was become of the goods committed to him: to see whether he has put his hand to his neighbour's goods: took them to himself, made use of them, or disposed of them to his own advantage, and which was no other than a kind of theft.
Verse 9
For all manner of trespass,.... With respect to what is committed to a man's trust, and it is lost to the owner of it, there must be somewhere or other a trespass committed, either by the person into whose hands it was put, or by a thief that has stolen it from him: whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing by which it appears that either of these, or any other cattle not named, as well as money and vessels, or household goods, or goods in trade, were sometimes, or might be lodged in the hands of another as a depositum for safety or convenience; and for which, or any other so deposited, and lost: which another challengeth to be his, or affirms that he put into the hands of his neighbour, to be kept by him for him; "or who shall say this is he", or "he is" the person into whose hands I put it, or this is "it" (r); such and such were the thing or things I delivered to him: the cause of both parties shall come before the judges; who were to hear what each party had to say, and to examine the witnesses each of them brought, and consider the nature of the evidence given, and to judge and determine: and whom the judges shall condemn; or "pronounce wicked" (s), as having done a wicked thing; either the one as having brought a false accusation against his neighbour, charging him with a depositum he never had, or the other as having converted it to his own use: he shall pay double unto his neighbour; either the depositor, who pretended to be so and was not, but brought a false charge against his neighbour, or a false witness, as Jarchi, such as one was to pay double to the person charged wrongfully; or, on the other hand, the person with whom the depositum was put, if it appeared that he had acted a fraudulent part, and abused his trust, then he was to pay double to the depositor. (r) "qui dixerit quod illud hoc", Montanus; "quum dixerit illud ipsum esse", Junius & Tremellius; "de qua dixerit aliquis illum ipsum esse", Piscator; so Ainsworth. (s) Vid. Ainsworth.
Verse 10
If a man deliver to his neighbour an ass, or an ox, or a sheep, or any beast to keep,.... And he keeps it without a reward, as the Targum of Jonathan; but Jarchi and Aben Ezra more rightly interpret this of one that keeps for hire, as herdsmen, shepherds, &c. The Jews say (t) there are"four sorts of keepers; he that keeps for nought (or freely), he that borrows, he that takes hire, and he that hires; he that keeps for nought swears in all cases (and is free), he that borrows pays for all (that is lost or stolen, &c.) he that takes hire, and he that hires, swear on account of that which is torn, or carried away, or dies, and they pay for that which is lost or stolen,''which are the cases after supposed: and it die; either of the above, or any other under the care of another; that is, dies of itself, not being killed by any, and its death sudden, and not easily accounted for: or be hurt; receive any damage in any part, though it die not; or "be broken" (u); have any of its limbs or bones broken; or be torn by a wild beast, as the Targum of Jonathan adds: or driven away; from the flock or herd by thieves or robbers, or rather carried captive by an enemy in an hostile way, see Exo 22:12, no man seeing it; die, or be hurt, or carried off; and so, as the above Targum paraphrases it, there is no witness that sees and can bear witness, that is, to any of the said things which have happened to it. (t) Misn. Bava Metzia, c. 7. sect. 8. (u) "confractum", Pagninus, Montanus; "fractum", Junius & Tremelius, Piscator, Drusius; so Ainsworth.
Verse 11
Then shall an oath of the Lord be between them both,.... Either by the one, the keeper, for the satisfaction of the owner, or by them both; by the owner, that he delivered such and such cattle to the keeper; and by the keeper, that he was no ways concerned in the death, hurt, or carrying off of the same: and this is called "the oath of the Lord", not only because in this law required by him, but because sworn by him, or in his name, and made before him, in his presence, who is hereby appealed unto; and who is called upon to take vengeance on the person that takes the oath of perjury; and such an oath only is a lawful one, men are to swear only by the Lord. But this oath was not tendered to anyone:"if a man was suspected of an oath (i.e. of perjury) they might not give him his oath, neither the oath of the law, nor the oath from their words (the scribes), nor the oath of imposition (imposed by the wise wen); and even though he that brought the action would have it, they might not hearken unto him: if a man has swore falsely a rash oath, or an oath of testimony, or an oath concerning anything deposited, or a vain oath, lo, he is suspected of an oath, and so everyone that is rejected for witness on account of any transgression (w).''The oath to be taken by the keeper, and who indeed seems to be the only person that was to take one, was, "that he hath not put his hand unto his neighbour's goods"; so as either to kill or maim, or drive away, or suffer to be driven away, any of the cattle committed to his care, or that he had not disposed of them to his own use and profit: and the owner of it shall accept thereof; of the oath, as the Targum of Jonathan and Jarchi, and so be satisfied, and give no further trouble, such an oath being for the confirmation of the thing, and to put an end to strife; or he shall take the ass, ox, or sheep, as it was, and be content; but then, though he might take the dead or maimed one, he could not take that which was driven or carried away, wherefore the first sense, is best: and he shall not make it good; or pay for it to the owner what it was worth. (w) Maimon. Hilchot Toan Venitan, c. 2. sect. 1, 2.
Verse 12
And if it be stolen from him,.... Or "but if" (x) it was taken away by theft; and that "from with him" (y), as it may be literally rendered, from among his own cattle, and they not taken; and he being present, pretending to have an eye upon them and keep them, but was careless and negligent, at least, if he did not connive at the theft: he shall make restitution to the owner thereof; for in such a case there was ground for suspicion of fraud; however, there was apparent carelessness, and it was but just he should make restitution, since he had hire or wages for keeping it; which is the reason Aben Ezra gives for it, and is suggested by the Targum of Jonathan; which adds to the former clause, by way of explanation,"that which was with him to be kept for a reward.'' (x) "si autem", Drusius. (y) "e cum eo", Montanus.
Verse 13
If it be torn in pieces,.... By some wild beast, at least as pretended: then let him bring it for witness; part of that which is torn, that it may be witness for him that it was torn, as in Amo 3:12 as Aben Ezra observes; and so the Jerusalem Targurn,"let him bring of the members of it a witness,''which would make it a clear case that it had been so used; but it is possible that the whole carcass might be carried off, and nothing remain to be brought as a proof of it; wherefore the Targum of Jonathan is,"let him bring witnesses;''and so some versions render it (z); and to this agrees Jarchi, whose note is,"let him bring witnesses of its being torn by violence, and he is free,''such who saw it done; but it is before supposed, that such cattle may be hurt, broken, or maimed, no man seeing it, Exo 22:10 and therefore in such a case no witnesses could be brought, wherefore the first sense seems best: and he shall not make good that which was torn; or shall not pay for it, pay the price of it, as much as it is worth. Here Jarchi distinguishes,"there is that which is torn, for which a man pays, and there is that which is torn, for which he does not pay; that which is torn by a cat, or a fox, or a marten (a kind of weasel), he pays for, but that which is torn by a wolf, a lion, or a bear, he does not pay for:''the reason of which is, because it is thought the keeper might have preserved and delivered from the former, and therefore was culpable, when it was not in his power to save from the latter; and the Misnic doctors observe, that one wolf is not violence, but two are; so that what is torn by one, the keeper is bound to pay for, but not what is torn by more. But two dogs are not violence, unless they come from two different quarters, and then they are: a single thief is violence, and so is a lion, a bear, a leopard, a basilisk, and a serpent, and this only when they come willingly, and of themselves; but if they (the cattle) are brought to places where there are troops of wild beasts, and thieves, it is no violence (a), and in such a case the keepers are liable to pay; and so unless he makes use of staves, and calls in other shepherds to his assistance, as Maimonides (b) observes, when it is in his power to do it; and so at least might make an attempt to save or rescue the cattle. (z) "adducet eum testem", Pagninus, Montanus; "adducat ille testem", Munster, Fagius. (a) Misn. Bava Metzia, c. 7. sect. 9. (b) Hilchot Shecirat, c. 3. sect. 6.
Verse 14
And if a man borrow ought of his neighbour,.... Any beast, as it should seem, as an ox to plough with, an ass, horse, or camel to ride on, though the Jewish writers carry it also to any kind of household stuff: and if he be hurt or die; if any damage comes to it, or it dies while it is in the borrower's hands, and when employed in that work for which he borrowed it; the Targum of Jonathan is,"and the vessel should be broke, or the beast die:''and the owner thereof being not with it; at the time of its being hurt, or of its death, and so could not be so well satisfied whether used well or not, nor how the damage and death came to it: he shall surely make it good; pay the full price for it it is worth; which, though it may seem hard, was necessary, in order to make men careful of things they borrowed, and that lenders may not be losers for their kindness.
Verse 15
But if the owner thereof be with it,.... When it is hurt or dies; for in some cases the owner might go along with his beast, being borrowed or hired to do work with it; or, however, being upon the spot, must be satisfied that it was not ill used; and it may be reasonably presumed he would do all he could to preserve it: and this being the case: he shall not make it good; that is, the borrower, but the loss would lie upon the lender; seeing this might have been the case if it had been at home, and not borrowed or lent. The Jewish writers understand all this in a different manner, that if the owner is not with it in the time of borrowing, though he is with it in the time of its being hurt, or of its death, the borrower must pay; but if he was with it in the time of borrowing, though not in the time of its receiving damage, or of its death, the borrower was free (c); for, as Jarchi says, whether it be in that work (for which he was borrowed), or in another work (it matters not), if he was with it at the time of borrowing, there was no necessity of his being with it at the time of its hurt or death. The reason of which, I must confess, I do not understand; unless the meaning is, that it was necessary that the owner, and the beast, should be both borrowed or hired together; and which indeed seems to be the sense of the Misnah, or tradition (d), which runs thus,"if a man borrows a cow, and borrows or hires its owner with it; or if he hires or borrows the owner, and after that borrows the cow, and it dies, he is free, as it is said, Exo 22:15 but if he borrows the cow, and afterwards borrows or hires the owner, and it dies, he is bound to pay, as it is said, Exo 22:13 if his owner is not with it, &c.''If it be an hired thing, it came for its hire; that is, if the beast which was come to some damage, or was dead, was hired, and not borrowed, then, whether the owner was with it or not at that time, he could demand no more than hire, and the person that hired it was obliged to pay that and no more; or if the owner himself was hired along with his beast, and so was present when it received its damage, or its death, nothing more could come to him than what he agreed for. (c) Misn. Bava Metzia, c. 8. sect. 1. Maimon. & Bartenora in ib. (d) Ibid.
Verse 16
And if a man entice a maid, that is not betrothed,.... For one might be betrothed according to the custom of those times, and not be married, or the nuptials consummated, and so be yet a maid or virgin; but being betrothed, it made the case different, because such an one was as a wife to a man: but the case here supposed is of a maid not betrothed, and also not forced, but yielding to the solicitations of a man, as is implied by her being enticed; which signifies his gaining upon her affections, and obtaining her consent by expressing strong affection for her, and making large promises to her, and so both by words and gestures prevailing with her to yield to his desire: and lie with her; in a way of carnal copulation; and such an action between two single persons, by consent, is what is called simple fornication: if this was done in a field, the maid was supposed to be forced, since there she might cry out, and not be heard; but if in a city, she is supposed to be enticed, and consent, since if she cried out she might be heard; this the Jewish writers gather from Deu 22:23, though the law there respects a betrothed damsel: he shall surely endow her to be his wife; give her a dowry in order to be his wife, or, however, such an one as he would or must give if she became his wife, even one suitable to her rank and dignity, whether he married her or not; for he was not obliged to it whether he would or not, and in some cases could not if he would, as follows.
Verse 17
If her father utterly refuse to give her unto him,.... For wife, either because of his character, family, or circumstances; or, however, being disagreeable to him on one account or another, and therefore will by no means agree to marry his daughter to him, and not only give him an absolute denial, but resolutely persist in it: the Targum of Jonathan has it,"if it seems not good to him;''if he do not like nor choose to marry her; and some add also, if she herself do not approve of marrying him: he shall pay money according to the dowry of virgins; as virgins on marriage have usually given them, according to their rank and dignity: here is no sum fixed, but the Targum of Jonathan is,"he shall be mulcted in fifty shekels of silver,''which is taken from Deu 22:29 though that seems to be not altogether a like case with this; for though it respects a virgin not betrothed, as here, yet one that has been forced, and therefore the man was obliged to marry her, and never put her away; and the mulct or fine was to be paid to the damsel's father and not to her: the Septuagint version here says, it was to be paid to the father.
Verse 18
Thou shall not suffer a witch to live. Such that had familiar spirits, and conversed with them, and by means thereof got knowledge of many things relating to persons, at least pretending they did; and who did or seemed to do many strange and surprising feats, as even to raise the spirits of departed persons, to converse with them and gain knowledge by them, though in reality they did not, and could not do such things, but used some juggling tricks to deceive the people, and in which they might be assisted by evil spirits; as appears from the case of the witch of Endor, who was surprised at the appearance of Samuel, it being out of the ordinary course of her art and practice really to bring up the spirit of a man deceased, whatever pretensions might be made to it; however, such being deceivers of the people, and leading them into unwarrantable practices, and off of a dependence on God and his providence, and from seeking to him, and asking counsel of him, they are by this law condemned to death, such an one was not to be suffered to live; not that it was lawful for anybody to kill her, or that any private person might or must do it that knew her, or took her to be a witch; but she was to be had before a court of judicature and tried there, and, if found guilty, to be put to death by the civil magistrate: so Jarchi's note is,"but she shall die by the house of judgment;''or the sanhedrim; for these words are spoken to Moses the chief judge, and to those that were under him, and succeeded him and them; though the Targum of Jonathan prefaces them thus:"and my people, the children of Israel, thou shalt not, &c.''and though only a witch is mentioned, or this is only expressed in the feminine gender, because a multitude of this sort of people were found among women, as Ben Melech observes, and so Aben Ezra; yet wizards, or men that dealt with familiar spirits, are included; and it may be reasonably concluded from hence, that if women, who generally have more mercy and compassion shown them, yet were not suffered to live when found criminal in this way, then much less men: and this law is thought by some to follow upon the other, concerning enticing and lying with a virgin not betrothed; because such sort of persons were made use of to entice and decoy maids to gratify the lusts of men. Thou shall not suffer a witch to live. Such that had familiar spirits, and conversed with them, and by means thereof got knowledge of many things relating to persons, at least pretending they did; and who did or seemed to do many strange and surprising feats, as even to raise the spirits of departed persons, to converse with them and gain knowledge by them, though in reality they did not, and could not do such things, but used some juggling tricks to deceive the people, and in which they might be assisted by evil spirits; as appears from the case of the witch of Endor, who was surprised at the appearance of Samuel, it being out of the ordinary course of her art and practice really to bring up the spirit of a man deceased, whatever pretensions might be made to it; however, such being deceivers of the people, and leading them into unwarrantable practices, and off of a dependence on God and his providence, and from seeking to him, and asking counsel of him, they are by this law condemned to death, such an one was not to be suffered to live; not that it was lawful for anybody to kill her, or that any private person might or must do it that knew her, or took her to be a witch; but she was to be had before a court of judicature and tried there, and, if found guilty, to be put to death by the civil magistrate: so Jarchi's note is,"but she shall die by the house of judgment;''or the sanhedrim; for these words are spoken to Moses the chief judge, and to those that were under him, and succeeded him and them; though the Targum of Jonathan prefaces them thus:"and my people, the children of Israel, thou shalt not, &c.''and though only a witch is mentioned, or this is only expressed in the feminine gender, because a multitude of this sort of people were found among women, as Ben Melech observes, and so Aben Ezra; yet wizards, or men that dealt with familiar spirits, are included; and it may be reasonably concluded from hence, that if women, who generally have more mercy and compassion shown them, yet were not suffered to live when found criminal in this way, then much less men: and this law is thought by some to follow upon the other, concerning enticing and lying with a virgin not betrothed; because such sort of persons were made use of to entice and decoy maids to gratify the lusts of men. Exodus 22:19 exo 22:19 exo 22:19 exo 22:19In like manner as a man and woman, by carnal copulation; this is a crime so detestable and abominable, so shocking and dishonourable to human nature, that one would think it could never be committed by any of the human species, and that there was no occasion for making a law against it; but, such is the depravity and corruption of mankind, that divine wisdom saw it necessary, and, to deter from it, made it death, as follows; such an one shall surely be put to death; no mercy shown him, no pardon or respite given him by the civil magistrate: according to the Targum of Jonathan, the death of such a person was by stoning, for it paraphrases the words,"he shall be killed with the casting of stones.''
Verse 19
He that sacrificeth unto any god,.... To Elohim, to strange gods, to the idols of the people, as the Targum of Jonathan; to the Egyptian deities, to the gods of the Moabites, Amorites, Edomites, Canaanites, Philistines, or any other: Aben Ezra says the word Elohim comprehends angels; and by the exceptive clause it is plain it takes in all that had been, were, or ever would be the objects of idolatrous worship, especially the sun, moon, and stars, the principal objects of worship in those days: save unto the Lord only; the true and living God; Jehovah, the self-existent, immutable, and eternal Being; the Creator of all things, the possessor of heaven and earth, the most high God, and the only one: sacrificing takes in all the acts of service performed to an idol as to the true God, as offering incense, pouring out a libation, as well as slaying and burning an animal as Jarchi observes: he shall be utterly destroyed; be accursed, anathematized, devoted to destruction, as the word used signifies: the Targum of Jonathan is,"he shall be killed with the sword, and his goods consumed,''not only lose his life but his substance, and so be destroyed in body and estate.
Verse 20
Thou shall not vex a stranger,.... One that is not born in the same country, but comes into another country to sojourn, as Jarchi; not a native of the place, but of another kingdom or country; a stranger to the commonwealth of Israel, that is only in it for a time on trade and business, or through one providence or another; or else a proselyte is meant, not a proselyte of righteousness, who has embraced the true religion; but a proselyte of the gate, that takes upon him the commands of the sons of Noah; or, as Aben Ezra here expresses it, who takes upon him not to serve idols; such were allowed to dwell among the Israelites, and they were to carry it friendly and kindly to them, and "not vex" them, nor irritate them with words, as the Targum of Jonathan, and so Jarchi; by calling them names, Gentiles, uncircumcised persons, and the like; upbraiding them with their country, ignorance, and manner of life; they were not to say to a proselyte, as Ben Melech observes, remember thy former works; or, if the son of a proselyte, remember thy father's works: nor oppress him; by taking his goods, as the above Targum, and so Jarchi; by refusing to assist him with advice or otherwise, to trade with him, or to give him lodging, and furnish him with the necessaries of life: for ye were strangers in the land of Egypt: out of which they were but just come, and therefore such a reason must be very striking and moving upon them: the Targum of Jonathan prefaces it,"and my people, the house of Israel, remember that ye were strangers, &c.''this they could not have forgot in so short a time, and the remembrance of this should move their compassion to strangers hereafter, when they came to settle in their own land; and therefore, as they would that men should have done to them when in such circumstances, the same they should do to others; and besides, the remembrance of this would serve to abate their pride and vanity, and their overbearing disposition.
Verse 21
Ye shall not afflict any widow or fatherless child. Who have no friends, husband, or father to be on their side and protect them, and are weak and helpless to defend themselves, and therefore it must be barbarous to do them any injury, either to their persons or property; no one ought to be afflicted and distressed by another, either in body or mind, or substance, and especially such as have no helper, not any to assist them and sympathize with them; for this is a law for every man, as Jarchi observes, is binding upon all; only the Scripture speaks of these, because of their weakness, and because they are more frequently afflicted than others, cruel and unmerciful men taking the advantage of their inability to defend themselves. Ye shall not afflict any widow or fatherless child. Who have no friends, husband, or father to be on their side and protect them, and are weak and helpless to defend themselves, and therefore it must be barbarous to do them any injury, either to their persons or property; no one ought to be afflicted and distressed by another, either in body or mind, or substance, and especially such as have no helper, not any to assist them and sympathize with them; for this is a law for every man, as Jarchi observes, is binding upon all; only the Scripture speaks of these, because of their weakness, and because they are more frequently afflicted than others, cruel and unmerciful men taking the advantage of their inability to defend themselves. Exodus 22:23 exo 22:23 exo 22:23 exo 22:23If thou afflict them in any wise,..... In any way, or by any means whatever; their minds, by reproaches, censures, insults, and their bodies by stripes, false imprisonment, &c. and in their substance, by withholding from them what belongs to them, taking what they have, or cheating and defrauding them in any respect; or, "in afflicting afflict them" (e); afflict them much, and continue to do so: and they cry at all unto me; in prayer, as the Targum of Jonathan; or, "in crying cry" (f); cry vehemently, or importunately, and with constancy, or rather, cry ever so little: I will surely hear their cry; the voice of their prayer, as the same Targum; or, "in hearing I will hear" (g); will certainly take notice of their cries, and return an answer to them, by appearing on their side, and avenging their injuries; for God is the Father of the fatherless, and the husband of the widow, and the Judge of them both: the manner of speaking or form of expression is the same in all these clauses, the words being doubled. (e) "affligendo afflixeris", Pagninus, Piscator, Ainsworth, Montanus, Junius & Tremellius. (f) "clamando clamaverit", Pagninus, Montanus, Piscator, Ainsworth. (g) "audiendo audiam", Pagninus, Montanus, Piscator, Ainsworth.
Verse 22
And my wrath shall wax hot,.... Against those that afflict them, being so devoid of humanity, compassion, and tenderness, and so guilty of oppression and injustice, which are aggravated by the circumstances of the persons they ill treat, and therefore the more provoking to God: and I will kill you with the sword; with the sword of death, says the Targum of Jonathan; it designs one of God's sore judgments, the sword of an enemy; the meaning is, that when such evils should become frequent among them, God would suffer a neighbouring nation to break in upon them in an hostile way, and put them to the sword; hence it follows: and your wives shall be widows, and your children fatherless; be in the same circumstances with those they have injured, and therefore should consider not only the destruction that would come upon themselves, being cutoff by the sword, but the case of their families; and how, could they be sensible of it, they would like to have their wives and children used as they have used the widows and fatherless.
Verse 23
If thou lend money to any of my people that is poor by thee, Such only need to borrow money, and to whom it should be freely lent, when it may be to the good of the borrower, and not any injury to the lender: this law, according to the Jewish writers, only respects Israelites, and not Gentiles; agreeably to which is Jarchi's note,"if thou lend, that is, not to a Gentile; and to which of my people? the poor, and to which of the poor? that is with thee:" thou shalt not be to him as an usurer; that will not lend without usury, nor without an exorbitant interest, and deals very hardly with the borrower if he is not punctual in the payment of it; the Israelites were not only not to be usurers, but they were not to be like them; they were not to require anything for lending a poor man a little money; as not any settled interest, so neither were they to take any previous gift or reward later, see Luk 6:34. neither shalt thou lay upon him usury; or oblige him to give interest for money borrowed: it is in the plural, number, "neither shall ye lay"; and Aben Ezra observes, that the lender, scribe, and witness, all transgress this law; that is, when a man lends money on interest, and a bond is made by the scribe for it, and this signed by witnesses, all are guilty of the breach of it: yea, some Jewish writers (h) say, not only those, but whoever is a surety or bondsman for the payment, and even the borrower himself; see Gill on Psa 15:5. (h) Misn. Bava Metzia, c. 5. sect. 11. Maimon. & Bartenora in ib.
Verse 24
If thou at all take thy neighbour's raiment to pledge,.... So that it seems that the lender, though he might not impose usury on the borrower, or oblige him to pay interest for what he lent him, yet for the security of his money he might take his clothes, either his bed clothes or wearing apparel, or any instruments or goods of his; but when he did, he was bound to what follows: thou shalt deliver it to him by that the sun goeth down; the reason of which appears in the next verse, with respect to his bed clothes, should that be the pledge: but Jarchi interprets it, not of his nocturnal clothes, but of his apparel in the daytime, and paraphrases it thus,"all the day thou shalt restore it to him until the setting of the sun; and when the sun is set, thou shalt return and take it until the morning of the morrow comes; the Scripture speaks of the covering of the day, of which there is no need at night;''but rather night clothes are meant by what follows.
Verse 25
For that is his covering only,.... All that he has to cover him, the only covering he has when he lies down to sleep; and therefore should be restored to him by the time of sunset, at which time he returns from his labour; and after some refreshment retires to his bed for rest, when his covering will be necessary: it is his raiment for his skin; which is next to his skin, and covers his naked body, as it is when he lies down to sleep; and therefore if not returned, he must lie naked without any covering, which to deprive him of would be cruel: Jarchi interprets this covering of his shirt, but it rather means his bed clothes: the Septuagint version calls it the clothes of his shame, what cover and hide the shame of nakedness: wherein shall he sleep? what shall he have to sleep in if this is detained from him? nothing at all; or it may be read without an interrogation, wherein he should sleep, or was used to sleep: and it shall come to pass, when he crieth unto me; and complains of ill usage, that he has nothing to cover him in the night season, when he lies down to sleep, which is very uncomfortable, as well as unhealthful and dangerous: that I will hear; his cry and complaint, take notice of it, and resent the usage of him: for I am gracious; or merciful; and therefore everything cruel and uncompassionate is disagreeable, and even abominable to him, and he will take care in his providence that the injured person shall be redressed and the injurer punished.
Verse 26
Thou shalt not revile the gods,.... Meaning not the idols of the Gentiles, which they reckon gods, and worship as such; which is the sense of Philo, and some others, particularly Josephus (i), who, to curry favour with the Roman emperors given to idolatry, has from hence inserted the following among the laws given to Moses;"let no man blaspheme the gods, which other cities think are such, nor rob strange sacred places, nor receive a gift dedicated to any deity;''but this cannot be the sense of the text, being contrary to Deu 12:2 nor can it be thought that care should be taken, lest the honour of the Heathen deities should be detracted from; but civil magistrates, the judges of the land, and the like, are meant, who are powers ordained of God, are in his stead, and represent him, and therefore respect should be shown them; nor should they be treated with any degree of slight and contempt, which may discourage and intimidate them, and deter them from the execution of their office: the Targum of Jonathan interprets them of judges very rightly, agreeably to Psa 82:1 and so Aben Ezra says,"they are the judges and the priests, the sons of Levi, with whom the law is:" nor curse the ruler of thy people whether civil or ecclesiastic; the last mentioned Jewish writer intend of the king, who is the supreme ruler in things civil, and ought to be honoured and loved, served and obeyed, and not hated and cursed, no, not secretly, not in the bedchamber, nor in the thought of the heart, since not only the thing is criminal but dangerous; it is much if it is not discovered, and then ruin follows upon it, Ecc 10:20. The Apostle Paul applies it to the high priest among the Jews, who was the ruler in sacred things, Act 23:5 and may be applicable to the prince of the sanhedrim, or chief in the grand court of judicature; and even to all dignified persons, who ought not to be spoken ill of, and to be abused in the execution of their office, and especially when they perform well. (i) Antiqu. l. 4. c. 8. sect. 10. Contr. Apion. 1. 2. c. 33.
Verse 27
Thou shall not delay to offer the first of thy ripe fruits,.... Which, according to Maimonides (k), were of seven kinds only; for he says,"they do not bring the firstfruits, but of the seven kinds, said in the praise of the land, (the land of Canaan), Deu 8:8 and they are wheat, barley, grapes, figs, pomegranates, olives, and dates;''and how much of these were to be offered is not fixed by the law, but were left to the generosity of the people: the above mentioned writer asks (l),"what measure do the wise men set? a good eye (or a bountiful man) brings one of forty (or the fortieth part of his fruits); a middling one (one that is neither liberal nor niggardly) brings one of fifty (or the fiftieth part); and an evil one (a covetous man) one of sixty (or the sixtieth part), but never less than that.''Now this was not to be delayed, but to be brought as soon and as early as could be: the Jewish writers seem to understand this of postponing things, or inverting the order of them, bringing that first which should be last, and that last which should be first; so Jarchi interprets it,"thou shall not change the order of their separation, to postpone that which should be first, and to put before that which should be last; for the first oblation should not be brought before the firstfruits, and the tithes before the first oblation.''And thus runs one of their canons or traditions (m),"if anyone brings the first oblation before the firstfruits, the first tithe before the first oblation, the second tithe before the first, it is as if he transgressed a negative precept: "thou shalt not delay or postpone", &c. Exo 22:29' And of thy liquors: and these, according to Maimonides (n), were only the firstfruits of liquors of olives and grapes: the firstborn of thy sons thou shall give unto me; which is a repetition of the law. See Gill on Exo 13:2. (k) Hilchot Biccurim, c. 2. sect. 2. (l) Hilchot Trumot, c. 3. sect. 2. (m) Misn. Trumot, c. 3. sect. 6. (n) Biccurim, ut supra. (k))
Verse 28
Likewise shalt thou do with thine oxen, and with thy sheep,.... That is, with the firstborn, which were to be set apart to the Lord; and so the Targum of Jonathan paraphrases it,"the firstborn of thine oxen, and of thy sheep;''for having spoken of the firstborn of men, the Scripture proceeds to speak of the firstborn of cattle, great and small, the separation of which was enjoined in one and the same precept, Exo 13:2, seven days it shall be with his dam; whether it be a calf or a lamb; before it was seven days old it was not to be taken from it, and given to the Lord: on the eighth day thou shall give it me; that is, they might do it then, but not before; yet they were not obliged to bring it exactly on that day, but they might do it any time within the month, and at a month's end they were obliged to redeem it, that is, give the priest the sum of five shekels for it, Num 18:16. The Jewish canon runs thus (n);"how long are Israelites bound for the bringing of the firstborn, i.e. before they offer it to the priest? in small cattle thirty days, in large cattle fifty days.'' (n) Misn. Becorot, c. 4. sect. 1.
Verse 29
And ye shall be holy men unto me,.... They were so by God's act of election, not special and particular, but general and national; choosing and separating them to be an holy people to him, above all the people on the face of the earth, and in a ceremonial sense they observing laws and appointments of God of this kind; which is the sense here intended, as appears by what follows: all men, and so these Israelites, ought to be holy in a moral sense, and some are holy in a spiritual and evangelical sense, being made holy by the Spirit of God; of these the Apostle Peter speaks, in allusion to this, and such like passages, Pe1 2:9. neither shall ye eat any flesh that is torn of beasts in the field; or in the house, as Jarchi notes; but the Scripture, as he observes, speaks of the place where it is more usual for beasts to tear, and so Aben Ezra; otherwise what is torn elsewhere, or by whatsoever accident it is bruised and maimed, was not to be eaten: ye shall cast it to the dogs: for even a stranger was not to eat of it, or if he did he was unclean, and was obliged to wash his clothes, and bathe himself, Lev 17:15 and yet Jarchi interprets this figuratively of such as are like dogs, meaning the Gentiles, whom the Jews used to call so, see Mat 15:26. An Heathen poet gives instructions perfectly agreeable to this law;"do not (says he) eat flesh fed upon by beasts, but leave the remains to the swift dogs (o).'' (o) &c. Phocylides, ver. 136, 137. Next: Exodus Chapter 23
Verse 1
With regard to cattle-stealing, the law makes a distinction between what had been killed or sold, and what was still alive and in the thief's hand (or possession). In the latter case, the thief was to restore piece for piece twofold (Exo 22:4); in the former, he was to restore an ox fivefold and a small animal (a sheep or a goat) fourfold (Exo 22:1). The difference between the compensation for an ox and a small animal is to be accounted for from the comparative worth of the cattle to the possessor, which determined the magnitude of the theft and the amount of the compensation. But the other distinctions of twofold, fourfold, and fivefold restitution cannot be accounted for, either by supposing "that the animal slain or sold was lost to its master, and might have been of peculiar value to him" (Knobel), for such a consideration of personal feelings would have been quite foreign to the law-not to mention the fact that an animal that had been sold might be recovered by purchase; or from the fact that "the thief in this case had carried his crime still further" (Baumgarten), for the main thing was still the theft, not the consumption or sale of the animal stolen. The reason can only have lain in the educational purpose of the law: viz., in the intention to lead the thief to repent of his crime, to acknowledge his guilt, and to restore what he had stolen. Now, as long as he still retained the stolen animal in his own possession, having neither consumed nor parted with it, this was always in his power; but the possibility was gone as soon as it had either been consumed or sold (see by Archologie, 154, Note 3). (Note: Calvin gives the same explanation: Major in scelere obstinatio se prodit, ubi res furtiva in quaestum conversa est, nec spes est ulla resipiscentiae, atque ita continuo progressu duplicatur malae fidei crimen. Fieri potest ut fur statim post delictum contremiscat: qui vero animal occidere ausus est, aut vendere, prorsus in maleficio obduruit.) Exo 22:2-4 Into the midst of the laws relating to theft, we have one introduced here, prescribing what was to be done with the thief. "If the thief be found breaking in (i.e., by night according to Exo 22:3), and be smitten so that he die, there shall be no blood to him (the person smiting him); if the sun has risen upon him (the thief breaking in), there is blood to him:" i.e., in the latter case the person killing him drew upon himself blood-guiltiness (דּמים lit., drops of blood, blood shed), in the former case he did not. "The reason for this disparity between a thief by night and one in the day is, that the power and intention of a nightly thief are uncertain, and whether he may not have come for the purpose of committing murder; and that by night, if thieves are resisted, they often proceed to murder in their rage; and also that they can neither be recognised, nor resisted and apprehended with safety" (Calovius). In the latter case the slayer contracted blood-guiltiness, because even the life of a thief was to be spared, as he could be punished for his crime, and what was stolen be restored according to the regulations laid down in Exo 22:1 and Exo 22:4. But if he had not sufficient to make retribution, he was to be sold "for his stolen," i.e., for the value of what he had stolen, that he might earn by his labour the compensation to be paid.
Verse 5
Injury done to another man's field or corn was also to be made good by compensation for the injury done. If any one should consume a field or a vineyard, and let loose his beast, so that it fed in another man's field, he was to give the best of his field and vineyard as restitution. These words do not refer to wilful injury, for שׁלּח does not mean to drive in, but simply to let loose, set at liberty; they refer to injury done from carelessness, when any one neglected to take proper care of a beast that was feeding in his field, and it strayed in consequence, and began grazing in another man's. Hence simple compensation was all that was demanded; though this was to be made "from the best of his field," i.e., quicquid optimum habebit in agro vel vinea (Jerome). (Note: The lxx have expanded this law by interpolating ἀποτίσει ἐκ τοῦ ἀγροῦ αὐτοῦ κατὰ τὸ γέννημα αὐτοῦ ἐὰν δὲ πάντα τὸν ἀγρὸν καταβοσκήσῃ before מיטב. And the Samaritan does the same. But this expansion is proved to be an arbitrary interpolation, by the simple fact that πάντα τὸν ἀγρόν forms no logical antithesis to ἀγρὸν ἕτερον.) Exo 22:6 Exo 22:6 also relates to unintentional injury, arising from want of proper care: "If fire break out and catch thorns (thorn-hedges surrounding a corn-field, Isa 5:5; Sir. 28:24), and sheaves, or the standing seed (הקּמה the corn standing in the straw), or the field be consumed, he that kindleth the fire shall make compensation (for the damage done)."
Verse 7
In cases of dishonesty, or the loss of property entrusted, the following was to be the recognised right: If money or articles (כּלים, not merely tools and furniture, but clothes and ornaments, cf. Deu 22:5; Isa 61:10) given to a neighbour to keep should be stolen out of his house, the thief was to restore double if he could be found; but if he could not be discovered, the master of the house was to go before the judicial court (האלהים אל, see Exo 21:6; אל נקרב to draw near to), to see "whether he has not stretched out his hand to his neighbour's goods." מלאכה: lit., employment, then something earned by employment, a possession. Before the judicial court he was to cleanse himself of the suspicion of having fraudulently appropriated what had been entrusted to him; and in most cases this could probably be only done by an oath of purification. The Sept. and Vulg. both point to this by interpolating καὶ ὀμεῖται, et jurabit ("and he shall swear"), though we are not warranted in supplying ויּשּׁבע in consequence. For, apart from the fact that אם־לא is not to be regarded as a particle of adjuration here, as Rosenmller supposes, since this particle signifies "truly" when employed in an oath, and therefore would make the declaration affirmative, whereas the oath was unquestionably to be taken as a release from the suspicion of fraudulent appropriation, and in case of confession an oath was not requisite at all; - apart from all this, if the lawgiver had intended to prescribe an oath for such a case, he would have introduced it here, just as he has done in Exo 22:11. If the man could free himself before the court from the suspicion of unfaithfulness, he would of course not have to make compensation for what was lost, but the owner would have to bear the damage. This legal process is still further extended in Exo 22:9 : על־כּל־דּבר־פּשׁע, "upon every matter of trespass" (by which we are to understand, according to the context, unfaithfulness with regard to, or unjust appropriation of, the property of another man, not only when it had been entrusted, but also if it had been found), "for ox, for ass, etc., or for any manner of lost thing, of which one says that it is this ("this," viz., the matter of trespass), the cause of both (the parties contending about the right of possession) shall come to the judicial court; and he whom the court (Elohim) shall pronounce guilty (of unjust appropriation) shall give double compensation to his neighbour: only double as in Exo 22:4 and Exo 22:7, not four or fivefold as in Exo 22:1, because the object in dispute had not been consumed.
Verse 10
If an animal entrusted to a neighbour to take care of had either died or hurt itself (נשׁבּר, broken a limb), or been driven away by robbers when out at grass (Ch1 5:21; Ch2 14:14, cf. Job 1:15, Job 1:17), without any one (else) seeing it, an oath was to be taken before Jehovah between both (the owner and the keeper of it), "whether he had not stretched out his hand to his neighbour's property," i.e., either killed, or mutilated, or disposed of the animal. This case differs from the previous one, not only in the fact that the animal had either become useless to the owner or was altogether lost, but also in the fact that the keeper, if his statement were true, had not been at all to blame in the matter. The only way in which this could be decided, if there was ראה אין, i.e., no other eye-witness present than the keeper himself at the time when the fact occurred, was by the keeper taking an oath before Jehovah, that is to say, before the judicial court. And if he took the oath, the master (owner) of it (the animal that had perished, or been lost or injured) was to accept (sc., the oath), and he (the accused) was not to make reparation. "But if it had been stolen מעמּו from with him (i.e., from his house or stable), he was to make it good," because he might have prevented this with proper care (cf. Gen 31:39). On the other hand, if it had been torn in pieces (viz., by a beast of prey, while it was out at grass), he was not to make any compensation, but only to furnish a proof that he had not been wanting in proper care. עד יבאהוּ "let him bring it as a witness," viz., the animal that had been torn in pieces, or a portion of it, from which it might be seen that he had chased the wild beast to recover its prey (cf. Sa1 17:34-35; Amo 3:12).
Verse 14
If any one borrowed an animal of his neighbour (to use it for some kind of work), and it got injured and died, he was to make compensation to the owner, unless the latter were present at the time; but not if he were. "For either he would see that it could not have been averted by any human care; or if it could, seeing that he, the owner himself, was present, and did not avert it, it would only be right that he should suffer the consequence of his own neglect to afford assistance" (Calovius). The words which follow, וגו שׂכיר אם, cannot have any other meaning than this, "if it was hired, it has come upon his hire," i.e., he has to bear the injury or loss for the money which he got for letting out the animal. The suggestion which Knobel makes with a "perhaps," that שׂכיר refers to a hired labourer, to whom the word is applied in other places, and that the meaning is this, "if it is a labourer for hire, he goes into his hire, - i.e., if the hirer is a daily labourer who has nothing with which to make compensation, he is to enter into the service of the person who let him the animal, for a sufficiently long time to make up for the loss," - is not only opposed to the grammar (the perfect בּא for which יבא should be used), but is also at variance with the context, "not make it good."
Verse 16
The seduction of a girl, who belonged to her father as long as she was not betrothed (cf. Exo 21:7), was also to be regarded as an attack upon the family possession. Whoever persuaded a girl to let him lie with her, was to obtain her for a wife by the payment of a dowry (מהר see Gen 34:12); and if her father refused to give her to him, he was to weigh (pay) money equivalent to the dowry of maidens, i.e., to pay the father just as much for the disgrace brought upon him by the seduction of his daughter, as maidens would receive for a dowry upon their marriage. The seduction of a girl who was betrothed, was punished much more severely (see Deu 22:23-24).
Verse 18
The laws which follow, from Exo 22:18 onwards, differ both in form and subject-matter from the determinations of right which we have been studying hitherto: in form, through the omission of the כּי with which the others were almost invariably introduced; in subject-matter, inasmuch as they make demands upon Israel on the ground of its election to be the holy nation of Jehovah, which go beyond the sphere of natural right, not only prohibiting every inversion of the natural order of things, but requiring the manifestation of love to the infirm and needy out of regard to Jehovah. The transition from the former series to the present one is made by the command in Exo 22:18, "Thou shalt not suffer a witch to live;" witchcraft being, on the one hand, "the vilest way of injuring a neighbour in his property, or even in his body and life" (Ranke), whilst, on the other hand, employment of powers of darkness for the purpose of injuring a neighbour was a practical denial of the divine vocation of Israel, as well as of Jehovah the Holy One of Israel. The witch is mentioned instead of the wizard, "not because witchcraft was not to be punished in the case of men, but because the female sex was more addicted to this crime" (Calovius). תחיּה לא (shalt not suffer to live) is chosen instead of the ordinary יוּמת מות (shall surely die), which is used in Lev 20:27 of wizards also, not "because the lawgiver intended that the Hebrew witch should be put to death in any case, and the foreigner only if she would not go when she was banished" (Knobel), but because every Hebrew witch was not to be put to death, but regard was to be had to the fact that witchcraft is often nothing but jugglery, and only those witches were to be put to death who would not give up their witchcraft when it was forbidden. Witchcraft is followed in Exo 22:19 by the unnatural crime of lying with a beast; and this is also threatened with the punishment of death (see Lev 18:23, and Lev 20:15-16).
Verse 20
Whoever offered sacrifice to strange gods instead of to Jehovah alone, was liable to death. יחרם he shall be banned, put under the ban (cherem), i.e., put to death, and by death devoted to the Lord, to whom he would not devote himself in life (cf. Lev 27:29, and my Archologie, 70).
Verse 21
The Israelites were not to offer sacrifice to foreign deities; but a foreigner himself they were not only to tolerate, but were not to vex or oppress him, bearing in mind that they also had been foreigners in Egypt (cf. Exo 23:9, and Lev 19:33-34). - Whilst the foreigner, as having no rights, is thus commended to the kindness of the people through their remembrance of what they themselves had experienced in Egypt, those members of the nation itself who were most in need of protection (viz., widows and orphans) are secured from humiliation by an assurance of the special care and watchfulness of Jehovah, under which such forsaken ones stand, inasmuch as Jehovah Himself would take their troubles upon Himself, and punish their oppressors with just retribution. ענּה to humiliate, includes not only unjust oppression, but every kind of cold and contemptuous treatment. The suffix in אתו (Exo 22:23) refers to both אלמנה and יתום, according to the rule that when there are two or more subjects of different genders, the masculine is employed (Ges. 148, 2). The כּי before אם expresses a strong assurance: "yea, if he cries to Me, I will hearken to him" (see Ewald, 330b). "Killing with the sword" points to wars, in which men and fathers of families perish, and their wives and children are made widows and orphans.
Verse 25
If a man should lend to one of the poor of his own people, he was not to oppress him by demanding interest; and if he gave his upper garment as a pledge, he was to give it him back towards sunset, because it was his only covering; as the poorer classes in the East use the upper garment, consisting of a large square piece of cloth, to sleep in. "It is his clothing for his skin:" i.e., it serves for a covering to his body. "Wherein shall he lie?" i.e., in what shall be wrap himself to sleep? (cf. Deu 24:6, Deu 24:10-13). - With Exo 22:28. God directs Himself at once to the hearts of the Israelites, and attacks the sins of selfishness and covetousness, against which the precepts in Exo 22:21-27 were directed in their deepest root, for the purpose of opposing all inward resistance to the promotion of His commands.
Verse 28
"Thou shalt not despise God, and the prince among thy people thou shalt not curse." Elohim does not mean either the gods of other nations, as Josephus, Philo, and others, in their dead and work-holy monotheism, have rendered the word; or the rulers, as Onkelos and others suppose; but simply God, deity in general, whose majesty was despised in every break of the commandments of Jehovah, and who was to be honoured in the persons of the rulers (cf. Pro 24:21; Pe1 2:17). Contempt of God consists not only in blasphemies of Jehovah openly expressed, which were to be punished with death (Lev 24:11.), but in disregard of His threats with reference to the oppression of the poorer members of His people (Exo 22:22-27), and in withholding from them what they ought to receive (Exo 22:29-31). Understood in this way, the command is closely connected not only with what precedes, but also with what follows. The prince (נשׂיא, lit., the elevated one) is mentioned by the side of God, because in his exalted position he has to administer the law of God among His people, and to put a stop to what is wrong.
Verse 29
"Thy fulness and thy flowing thou shalt not delay (to Me)." מלאה fulness, signifies the produce of corn (Deu 22:9); and דּמע (lit., tear, flowing, liquor stillans), which only occurs here, is a poetical epithet for the produce of the press, both wine and oil (cf. δάκρυον τῶν δένδρων, lxx; arborum lacrimae, Plin. 11:6). The meaning is correctly given by the lxx: ἀπαρχὰς ἅλωνος καὶ ληνοῦ σοῦ. That the command not to delay and not to withhold the fulness, etc., relates to the offering of the first-fruits of the field and vineyard, as is more fully defined in Exo 23:19 and Deu 26:2-11, is evident from what follows, in which the law given at the exodus from Egypt, with reference to the sanctification of the first-born of man and beast (Exo 13:2, Exo 13:12), is repeated and incorporated in the rights of Israel, inasmuch as the adoption of the first-born on the part of Jehovah was a perpetual guarantee to the whole nation of the right of covenant fellowship. (On the rule laid down in Exo 22:30, see Lev 22:27.)
Verse 31
As the whole nation sanctified itself to the Lord in the sanctification of the first-born, the Israelites were to show themselves to be holy men unto the Lord by not eating "flesh torn to pieces in the field," i.e., the flesh of an animal that had been torn to pieces by a wild beast in the field. Such flesh they were to throw to the dogs, because eating it would defile (cf. Lev 17:15).
Introduction
The laws of this chapter relate, I. To the eighth commandment, concerning theft (Exo 22:1-4), trespass by cattle (Exo 22:5), damage by fire (Exo 22:6), trusts (Exo 22:7-13), borrowing cattle (Exo 22:14, Exo 22:15), or money (Exo 22:25-27). II. To the seventh commandment. Against fornication (Exo 22:16, Exo 22:17), bestiality (Exo 22:19). III. To the first table, forbidding witchcraft (Exo 22:18), idolatry (Exo 22:20). Commanding to offer the firstfruits (Exo 22:29, Exo 22:30). IV. To the poor (Exo 22:21-24). V. To the civil government (Exo 22:28). VI. To the peculiarity of the Jewish nation (Exo 22:31).
Verse 1
Here are the laws, I. Concerning theft, which are these: - 1. If a man steal any cattle (in which the wealth of those times chiefly consisted), and they be found in his custody, he must restore double, Exo 22:4. Thus he must both satisfy for the wrong and suffer for the crime. But it was afterwards provided that if the thief were touched in conscience, and voluntarily confessed it, before it was discovered or enquired into by any other, then he should only make restitution of what he had stolen, and add to it a fifth part, Lev 6:4, Lev 6:5. 2. If he had killed or sold the sheep or ox he had stolen, and thereby persisted in his crime, he must restore five oxen for an ox, and four sheep for a sheep (Exo 22:1), more for an ox than for a sheep because the owner, besides all the other profit, lost the daily labour of his ox. This law teaches us that fraud and injustice, so far from enriching men, will impoverish them: if we unjustly get and keep that which is another's, it will not only waste itself, but it will consume that which is our own. 3. If he was not able to make restitution, he must be sold for a slave, Exo 22:3. The court of judgment was to do it, and it is probable that the person robbed had the money. Thus with us, in some cases, felons are transported into plantations where alone Englishmen know what slavery is. 4. If a thief broke a house in the night, and was killed in the doing of it, his blood was upon his own head, and should not be required at the hand of him that shed it, Exo 22:2. As he that does an unlawful act bears the blame of the mischief that follows to others, so likewise of that which follows to himself. A man's house is his castle, and God's law, as well as man's, sets a guard upon it; he that assaults it does so at his peril. Yet, if it was in the day-time that the thief was killed, he that killed him must be accountable for it (Exo 22:3), unless it was in the necessary defence of his own life. Note, We ought to be tender of the lives even of bad men; the magistrate must afford us redress, and we must not avenge ourselves. II. Concerning trespass, Exo 22:5. He that wilfully put his cattle into his neighbour's field must make restitution of the best of his own. Our law makes a much greater difference between this and other thefts than the law of Moses did. The Jews hence observed it as a general rule that restitution must always be made of the best, and that no man should keep any cattle that were likely to trespass upon his neighbours or do them any damage. We should be more careful not to do wrong than not to suffer wrong, because to suffer wrong is only an affliction, but to do wrong is a sin, and sin is always worse than affliction. III. Concerning damage done by fire, Exo 22:6. He that designed only the burning of thorns might become accessory to the burning of corn, and should not be held guiltless. Men of hot and eager spirits should take heed, lest, while they pretend only to pluck up the tares, they root out the wheat also. If the fire did mischief, he that kindled it must answer for it, though it could not be proved that he designed the mischief. Men must suffer for their carelessness, as well as for their malice. We must take heed of beginning strife; for, though it seem but little, we know not how great a matter it may kindle, the blame of which we must bear, if, with the madman, we cast fire-brands, arrows, and death, and pretend we mean no harm. It will make us very careful of ourselves, if we consider that we are accountable, not only for the hurt we do, but for the hurt we occasion through inadvertency.
Verse 7
These laws are, I. Concerning trusts, Exo 22:7-13. If a man deliver goods, suppose to a carrier to be conveyed, or to a warehouse-keeper to be preserved, or cattle to a farmer to be fed, upon a valuable consideration, and if a special confidence be reposed in the person they are lodged with, in case these goods be stolen or lost, perish or be damaged, if it appear that it was not by any fault of the trustee, the owner must stand to the loss, otherwise he that has been false to this trust must be compelled to make satisfaction. The trustee must aver his innocence upon oath before the judges, if the case was such as afforded no other proof, and they were to determine the matter according as it appeared. This teaches us, 1. That we ought to be very careful of every thing we are entrusted with, as careful of it, though it be another's, as if it were our own. It is unjust and base, and that which all the world cries shame on, to betray a trust. 2. That there is such a general failing of truth and justice upon earth as gives too much occasion to suspect men's honesty whenever it is their interest to be dishonest. 3. That an oath for confirmation is an end of strife, Heb 6:16. It is called an oath for the Lord (Exo 22:11), because to him the appeal is made, not only as to a witness of truth, but as to an avenger of wrong and falsehood. Those that had offered injury to their neighbour by doing any unjust thing, yet, it might be hoped, had not so far debauched their consciences as to profane an oath of the Lord, and call the God of truth to be witness to a lie: perjury is a sin which natural conscience startles at as much as any other. The religion of an oath is very ancient, and a plain indication of the universal belief of a God, and a providence, and a judgment to come. 4. That magistracy is an ordinance of God, designed, among other intentions, to assist men both in discovering rights disputed and recovering rights denied; and great respect ought to be paid to the determination of the judges. 5. That there is no reason why a man should suffer for that which he could not help: masters should consider this, in dealing with their servants, and not rebuke that as a fault which was a mischance, and which they themselves, had they been in their servants' places, could not have prevented. II. Concerning loans, Exo 22:14, Exo 22:15. If a man (suppose) lent his team to his neighbour, if the owner was with it, or was to receive profit for the loan of it, whatever harm befel the cattle the owner must stand to the loss of: but if the owner was so kind to the borrower as to lend it to him gratis, and put such a confidence in him as to trust it from under his own eye, then, if any harm happened, the borrower must make it good. Let us learn hence to be very careful not to abuse any thing that is lent us; it is not only unjust, but base and disingenuous, inasmuch as it is rendering evil for good; we should much rather choose to lose ourselves than that any should sustain loss by their kindness to us. Alas, master! for it was borrowed, Kg2 6:5.
Verse 16
Here is, I. A law that he who debauched a young woman should be obliged to marry her, Exo 22:16, Exo 22:17. If she was betrothed to another, it was death to debauch her (Deu 22:23, Deu 22:24); but the law here mentioned respects her as single. But, if the father refused her to him, he was to give satisfaction in money for the injury and disgrace he had done her. This law puts an honour upon marriage and shows likewise how improper a thing it is that children should marry without their parents' consent: even here, where the divine law appointed the marriage, both as a punishment to him that had done wrong and a recompence to her that had suffered wrong, yet there was an express reservation for the father's power; if he denied his consent, it must be no marriage. II. A law which makes witchcraft a capital crime, Exo 22:18. Witchcraft not only gives that honour to the devil which is due to God alone, but bids defiance to the divine Providence, wages war with God's government, and puts his work into the devil's hand, expecting him to do good and evil, and so making him indeed the god of this world; justly therefore was it punished with death, especially among a people that were blessed with a divine revelation, and cared for by divine Providence above any people under the sun. By our law, consulting, covenanting with, invocating, or employing, any evil spirit, to any intent whatsoever, and exercising any enchantment, charm, or sorcery, whereby hurt shall be done to any person whatsoever, is made felony, without benefit of clergy; also pretending to tell where goods lost or stolen may be found, or the like, is an iniquity punishable by the judge, and the second offence with death. The justice of our law herein is supported by the law of God recorded here. III. Unnatural abominations are here made capital; such beasts in the shape of men as are guilty of them are unfit to live (Exo 22:19): Whosoever lies with a beast shall die. IV. Idolatry is also made capital, Exo 22:20. God having declared himself jealous in this matter, the civil powers must be jealous in it too, and utterly destroy those persons, families, and places of Israel, that worshipped any god, save the Lord: this law might have prevented the woeful apostasies of the Jewish nation in after times, if those that should have executed it had not been ringleaders in the breach of it. V. A caution against oppression. Because those who were empowered to punish other crimes were themselves most in danger of this, God takes the punishing of it into his own hands. 1. Strangers must not be abused (Exo 22:21), not wronged in judgment by the magistrates, not imposed upon in contracts, nor must any advantage be taken of their ignorance or necessity; no, nor must they be taunted, trampled upon, treated with contempt, or upbraided with being strangers; for all these were vexations, and would discourage strangers from coming to live among them, or would strengthen their prejudices against their religion, to which, by all kind and gentle methods, they should endeavour to proselyte them. The reason given why they should be kind to strangers is, "You were strangers in Egypt, and knew what it was to be vexed and oppressed there," Note, (1.) Humanity is one of the laws of religion, and obliges us particularly to be tender of those that lie most under disadvantages and discouragements, and to extend our compassionate concern to strangers, and those to whom we are not under the obligations of alliance or acquaintance. Those that are strangers to us are known to God, and he preserves them, Psa 146:9. (2.) Those that profess religion should study to oblige strangers, that they may thereby recommend religion to their good opinion, and take heed of doing any thing that may tempt them to think ill of it or its professors, Pe1 2:12. (3.) Those that have themselves been in poverty and distress, if Providence enrich and enlarge them, ought to show a particular tenderness towards those that are now in such circumstances as they were in formerly, doing now by them as they then wished to be done by. 2. Widows and fatherless must not be abused (Exo 22:22): You shall not afflict them, that is, "You shall comfort and assist them, and be ready upon all occasions to show them kindness." In making just demands from them, their condition must be considered, who have lost those that should deal for them, and protect them; they are supposed to be unversed in business, destitute of advice, timorous, and of a tender spirit, and therefore must be treated with kindness and compassion; no advantage must be taken against them, nor any hardship put upon them, from which a husband or a father would have sheltered them. For, (1.) God takes particular cognizance of their case, Exo 22:23. Having no one else to complain and appeal to, they will cry unto God, and he will be sure to hear them; for his law and his providence are guardians to the widows and fatherless, and if men do not pity them, and will not hear them, he will. Note, It is a great comfort to those who are injured and oppressed by men that they have a God to go to who will do more than give them the hearing; and it ought to be a terror to those who are oppressive that they have the cry of the poor against them, which God will hear. Nay, (2.) He will severely reckon with those that do oppress them. Though they escape punishments from men, God's righteous judgments will pursue and overtake them, Exo 22:24. Men that have a sense of justice and honour will espouse the injured cause of the weak and helpless; and shall not the righteous God do it? Observe the equity of the sentence here passed upon those that oppress the widows and fatherless: their wives shall become widows, and their children fatherless; and the Lord is known by these judgments, which he sometimes executes still.
Verse 25
Here is, I. A law against extortion in lending. 1. They must not receive use for money from any that borrowed for necessity (Exo 22:25), as in that case, Neh 5:5, Neh 5:7. And such provision the law made for the preservation of estates to their families by the year of jubilee that a people who had little concern in trade could not be supposed to borrow money but for necessity, and therefore it is generally forbidden among themselves; but to a stranger, whom yet they might not oppress, they were allowed to lend upon usury: this law, therefore, in the strictness of it, seems to have been peculiar to the Jewish state; but, in the equity of it, it obliges us to show mercy to those of whom we might take advantage, and to be content to share, in loss as well as profit, with those we lend to, if Providence cross them; and, upon this condition, it seems as lawful to receive interest for my money, which another takes pains with and improves, but runs the hazard of, in trade, as it is to receive rent for my land, which another takes pains with and improves, but runs the hazard of, in husbandry. 2. They must not take a poor man's bed-clothes in pawn; but, if they did, must restore them by bed-time, Exo 22:26, Exo 22:27. Those who lie soft and warm themselves should consider the hard and cold lodgings of many poor people, and not do any thing to make bad worse, or to add affliction to the afflicted. II. A law against the contempt of authority (Exo 22:28): Thou shalt not revile the gods, that is, the judges and magistrates, for their executing these laws; they must do their duty, whoever suffer by it. Magistrates ought not to fear the reproach of men, nor their revilings, but to despise them as long as they keep a good conscience; but those that do revile them for their being a terror to evil works and workers reflect upon God himself, and will have a great deal to answer for another day. We find those under a black character, and a heavy doom, that despise dominion, and speak evil of dignities, Jde 1:8. Princes and magistrates are our fathers, whom the fifth commandment obliges us to honour and forbids us to revile. St. Paul applies this law to himself, and owns that he ought not to speak evil of the ruler of his people; no, not though the ruler was then his most unrighteous persecutor, Act 23:5; see Ecc 10:20. III. A law concerning the offering of their first-fruits to God, Exo 22:29, Exo 22:30. It was appointed before (ch. 13), and it is here repeated: The firstborn of thy sons shalt thou give unto me; and much more reason have we to give ourselves, and all we have, to God, who spared not his own Son, but delivered him up for us all. The first ripe of their corn they must not delay to offer. There is danger, if we delay our duty, lest we wholly omit it; and by slipping the first opportunity, in expectation of another, we suffer Satan to cheat us of all our time. Let not young people delay to offer to God the first-fruits of their time and strength, lest their delays come, at last, to be denials, through the deceitfulness of sin, and the more convenient season they promise themselves never arrive. Yet it is provided that the firstlings of their cattle should not be dedicated to God till they were past seven days old, for then they began to be good for something. Note, God is the first and best, and therefore must have the first and best. IV. A distinction put between the Jews and all other people: You shall be holy men unto me; and one mark of that honourable distinction is appointed in their diet, which was, that they should not eat any flesh that was torn of beasts (Exo 22:31), not only because it was unwholesome, but because it was paltry, and base, and covetous, and a thing below those who were holy men unto God, to eat the leavings of the beasts of prey. We that are sanctified to God must not be curious in our diet; but we must be conscientious, not feeding ourselves without fear, but eating and drinking by rule, the rule of sobriety, to the glory of God.
Verse 16
22:16-31 These miscellaneous cases involving social responsibility are not categorized. All parts of life are an expression of one’s obedience to God (see study note on 21:1–23:19).
Verse 18
22:18 The practices of a sorceress represented the pagan worldview from which God was delivering his people. That worldview was utterly incompatible with the biblical one (see 20:3; 23:13).
Verse 20
22:20 must be destroyed: See “Complete Dedication” Theme Note.
Verse 21
22:21 The Hebrews were to treat foreigners kindly because they, too, had once been foreigners (see also 23:9; Deut 10:18-19). For further development of the principle, see Luke 6:31.
Verse 22
22:22-23 The widow, the orphan, and the foreigner were in a helpless and economically disadvantaged position. God, by his protective stance toward these persons, demonstrated that he does not value people on the basis of their power or wealth, the standards accepted by most humans. Instead, God values people because they share his image (Gen 1:27).
Verse 25
22:25-27 Although interest could not be charged on a loan to another Israelite, collateral, or security, could be required. However, even the security had to be handled in a humane way. The requirements of the covenant mirrored the character of God.
Verse 30
22:30 God is considerate even of animals (see Jon 4:11).
Verse 31
22:31 Because of the symbolic significance of blood as life itself, God forbade eating meat with the blood still in it (see Lev 17:10-16).