Exodus 21

Exodus 21:1

JUdgements] That is, judiciall Ordinances made for the just and peaceable government of the people, as the Ceremoniall serve chiefly for the ordering of their behaviour (especially) in duties of devotion towards God.

Exodus 21:2

If thou buy an Hebrew] When he elleth himselfe, or his sonne, or daughter, in case of necessitie, Leviticus 22:39. Or, when for Felonie, or Theft he is sold, because he is not able to make restitution, Exodus 22:3. a King. 4. 5: 1. Matthew 18:5. And the same course, it is like, was to be taken with captives in War.

in the seventh] After his sixe yeares service, the seventh yeare was, as some take it, a standard certaine and unvaried, and the same to all; to wit, the Sabbaticall yeare, Leviticus 23:2. Deuteronomy 15:1-2. So that whensoever a man began his service, it was at an end the seventh yeare, though he had served but one yeare before the seventh came about; nay, if but a moneth, or a day before, it seemeth sufficient; for in the seventh yeare releases were to be made of debts, and a little service would serve, when what remained was to be remitted: But then the law of sixe yeares service, vers. 2. of this Chapter, and Deuteronomy 15:12. is to little purpose, unlesse the service beginne so soone as the seventh yeare expired. To avoyd this inconvenience, some say, and (it is probable) that the sixe yeares service was not broken off but by the yeare of Jubile, Levit. 25. 5: 40.

Exodus 21:3

By himselfe] Heb. with his body. Alone, or in his single person, and not with a wife and children.

then his wife] As he came, so he shall goe, whether in a single or maried estate; and it is like he had the priviledge of a father to goe forth with his children, he brought with him, as well as of an husband, to go forth with his wife.

Exodus 21:4

Masters] Till her time of servitude was expired, (which might be the seventh yeare) or the fiftieth: this was not to be understood of an heathen woman: for of such they were to buy their bond-servants, Leviticus 25:44. and not of the Hebrews, vers. 42.

the Masters] The wife shall remaine servant to her master, that gave her to her husband for a wife: and the birth following the belly, the children (borne in her service) shall remain (as the masters) with the mother. But how could this separation of man and wife be allowed, since their cohabitation is so expresly prescribed, Genesis 2:24? Answer: first, the husband was not compelled to part with his wife, for he might have continued his service and society with her if he would: secondly, this parting might be but for a season, and by mutuall consent; and wherein it may seeme to swerve from the ordinary Rule, there might be a dispensation, or toleration of it for the hardnesse of mens hearts, Matthew 19:8.

Exodus 21:6

Judges] For perpetuall servitude was a matter of too great moment, not to be made up by a private bargain; therefore the Judge, (the publique Magistrate) must heare the case, betwixt the master and the servant; and be sure, that the servant freely consented to such a servitude.

doore] That is, the doore where the Judges sate, as some conceive; and then (when they have heard the case, and given sentence in it) the servant shall be brought to the doore of his masters house; and that doore is here rather meant; for the word is deleth, which is used of any particular doore; not the word Schalhur, which signifieth the gate of a Citie, where Judges sate, to heare causes, and to doe justice.

bore his eare] Either as a punishment for contempt of libertie, (which he might have had, but would not) or to be a token of his strict, and punctuall obedience to his masters commands, not to goe over the threshold, or out of the doore, without his leave; at least not against his will: or to note his ready obedience to heare and observe what his master commands; so some apply Psalms 40:6. where the opening of the are, (according to the Hebrew) may be rendered by boring of the eare: and so obedience is better then sacrifice, 1 Samuel 15:22.

for ever] That is, to the yeare of Jubile, which is every fiftieth yeare. See Annot. on Exodus 12:14. And at that time all Hebrew servants were to be set free, notwithstanding any ingagement of servitude made before, Leviticus 25:40. Of the signification of the Originall word here rendered [for ever] see Annot. on Exodus 12:14.

Exodus 21:7

sell] As constrained: by povertie, or with intent to prefer her from a servant, to be a wife upon the promise of him, that taketh her; so to accept of her, either as a principall, or secondary wife: as (when polygamie was in practice) the first wife was usually chiefe, the other of an inferiour condition.

as the men-servants] That is, a woman shall not be dismissed with so little care as a man, who is strong and better able to preserve himselfe from injuries, and harmes: nor shall an Hebrew servant be put off, as a stranger borne of another Nation; especially of the Canaanites, (who were to be slaves to the Israelites:) and by this she must either be continued in the house, and entertained like a daughter, or a secondary wife; and if he part with her, after he hath taken her to his bed, he shall procure an husband for her, by offering a meete price, and convenient apparell to make her the more acceptable, and more gracefull in his sight.

Exodus 21:8

If she please not] Heb. if she be evill in the eyes of.

to a strange nation] Because this was a generall rule for all Hebrew servants; and the case here mentioned, requireth more then ordinary charitie. By a strange nation, some understand, one of another Tribe, though an Hebrew, &c.

Exodus 21:9

after the manner] That is, he shall give her dowrie convenient for a virgine of her condition.

Exodus 21:10

him] That is, for his sonne, or himselfe: for it may be taken of either.

Exodus 21:11

duty of marriage] By which somewhat is meant besides food and raiment, (for they are expressed) it may be that which is comprehended under due benevolence, 1 Corinthians 7:3.

these three] If he omit or refuse to performe any of the three forementioned particulars, vers. 10. then he shall let her goe free, without paying any price for her redemption.

Exodus 21:12

he that smiteth] Leviticus 24:17.

Exodus 21:13

lie not in waite] But by imprudence, or negligence, or any casuall mishap, hath killed another.

God deliver] Though a man be killed at unawares, yet it is Gods providence it should be so: and he may be said to deliver him into his hand that slew him; because the Lord (who hath the disposall of all mens lives, and before whom all are guilt of death) without mans purpose (by his divine disposall) brought it to passe.

whither he shall flee] That is, to the cities of refuge in the land of Canaan, Deuteronomy 19:5. Or to the altar, whether in the desert, or any other place.

Exodus 21:14

• from mine Altar] The holinesse of the place ought not to defend the murderer, he shall finde no mercy at mine Altar, who without mercy sacrificed his brother to his deadly malice in a presumptuous manner. Deut. 19. vers. 11. 13. 19. 1 Kings 2:28. 31.

Exodus 21:15

smiteth his father] The blow (though it be not deadly to the receiver) shall be deadly to the giver; for he shall die for it: because his deeper obligation to all affection, and offices of reverence and benevolence to his parents, aggravates the guilt of any undutifull or unkinde miscarriage toward them.

Exodus 21:16

stealeth a man] (Whether free, or a servant to another) shall be put to death: because usually they that did so meant to sell them for slaves: and so they did great injurie to those whose in right they were, and brought great misery upon the partie sold; especially if he were free and ingenuous before; and this law is principally meant of stealing such a one.

found in his hand] If not yet sold, or used like a lave, it seemeth hard, that the man-stealer should die, therefore they conceive, that if after the fact it could be proved, that he had beene in the stealers hand, he should die for it; yet the phrase and manner of expression imports another sense, which is, that if the stollen man be not yet sold, and the theft apparent (as taken in the stealers hand) he shall die for it.

Exodus 21:17

• curseth] Or, revileth. Though the wicked words of the tongue breake neither skinne nor bone, they bewray such a malignitie of the heart, (when they proceed from children to their parents) that God doometh such transgressors to death, and that worthily; for they requite evill for good, returning imprecations for prayers, cursing for blessing; and this with breach of the strongest bonds of naturall obedience and affection, and the grossest degree of ungratitude that can be. Leviticus 20:9. Proverbs 20:20. Matthew 15:4. Mark 7:10.

Exodus 21:18

stone or fist] With the hand, or what cometh next to hand, as stones are commonly readiest for sudden violence, where the wrathfull person would use some instrument of crueltie, which may doe more hurt then a blow with the hand.

Exodus 21:19

upon his staffe] 2 Samuel 3:29. Zac 8:4.

Exodus 21:20

punished] Heb. avenged. As a murderer putting him to death.

Exodus 21:21

not be punished] 1: By the Civill Magistrate. Though (before God) he may be a murderer, yet because of the vile and contemptible condition of servants; especially of such nations, as by Gods decree were to be destroyed, Deuteronomy 7:2. the master was exempt for giving an account of his act; at least from receiving of punishment, for any miscariage in that cause.

for he is his money] Because he gave his money for him; as David calleth the water of the well of Bethlehem, their bloud, who adventured the shedding of their bloud, and the losse of their lives to fetch it for him, 2 Samuel 23:17. And so the poore mans mill-stone is called his life; because he gets his living by it, Deuteronomy 24:6.

Exodus 21:22

mischiefe follow] That is, either by death, or maime of the mother, or childe.

Exodus 21:24

• eye for eye, &c.] The execution of this law belonged not to private persons, but onely to the Magistrate; which yet was not alwaies to be observed with rigour, but these particulars are set downe to shew, that the punishment must be limited to a due proportion: as that an eye should not be required, in recompence of wrong in a tooth: or any member of more, for that which is of lesser use or worth: and this must be taken not by an Arithmeticall, but by a Geometricall correspondence; for if he that had but one eye, had put out one of the eyes of him that had two, if the recompence were numericall one for one, it were not equall; for then one man might lose a sense, the other but an eye, which is but the organ of seeing, without which he might see while the other remaineth; therefore the retaliation more agreeable to justice (in such a a case) was not an eye for an eye, but two for one, that is, blindnesse for blindnesse. Leviticus 24:20. Deuteronomy 19:21. Matthew 5:38.

Exodus 21:28

the oxe] By this, if a beast must be punished, (and it is a law touching other beasts, as well as for an oxe) much more should the murderer: since, though the law of the beast is not given to the beasts, but to man; for to man it is said, Thou shalt not kill: and if he doe, it must be done unto himselfe, and he did to another, Genesis 9:6. yet the oxe was to die, for admonition to man, to have murder in the more detestation; and to make every one to looke better to their beasts, that they become not the causes of death unto man.

Exodus 21:29

shall be put to death] For a man not to hinder evill when he ought, and might, is to become guilty, as if himselfe had done the fact.

Exodus 21:30

• summe of money] Taxed upon him by the next of kinne to the party slaine, or by the judge, vers. 22. Numbers 35:31.

Exodus 21:32

thirty shekels of silver] Our Saviours taking upon him the forme of a servant, Phil. 2. 7. and his selling (by Judas) for thirty pieces of silver, is conceived, by some both ancient and latter Divines, to be prefigured by this law.

Exodus 21:33

doe not cover it] This is to be understood of pits in or neere some way of ordinary passage, for in the field pits were to be kept open for cattell to drink at any time.

Exodus 21:34

make it good] By this law not onely commission of evill is punishable, but the omission of care to prevent evill.

Exodus 21:36

Oxe for oxe] Not an oxe for a calfe, or a sheepe; but according to the proportion of the damage, and so the former verse is to be expounded.