Exodus 21:2–11

Footnotes

1. 2 See H. L. Elleson, “The Hebrew Slave: A Study in Early Israelite Society,” 45 (1973): 30–35; N. P. Lemche, “The Manumission of Slaves—The Fallow Year—The Sabbatical Year—The Jobel Year,” 26 (1976): 38–59, and “The ‘Hebrew Slave,’ Comments on the Slave Law—Ex. 21:2–11,” 25 (1975): 129–44.
2. 3 The verbs in both the conditional clause and the following ruling are imperfect tense: “If you buy … then he will serve.” The second imperfect tense (the ruling) could be taken either as a specific future or an obligatory imperfect. Gesenius explains how the verb works in the conditional clauses here (see §159.bb).
3. 4 The interpretation of “Hebrew” in this verse is uncertain: (l) a gentilic ending, (2) a fellow Israelite, (3) or a class of mercenaries of the population (see W. C. Kaiser, Jr., “Exodus,” 2:). It seems likely that the term describes someone born a Hebrew, as opposed to a foreigner (S. R. Driver, Exodus, ). The literature on this includes: M. P. Gray, “The Habiru-Hebrew Problem,” 29 (1958): 135–202.
4. 5 The word חָפְשִׁי (khofshi) means “free.” It is possible that there is some connection between this word and a technical term used in other cultures for a social class of emancipated slaves who were freemen again (see I. Mendelsohn, “New Light on the Hupsu,” 139 [1955]: 9–11).
5. 6 The adverb חִנָּם (hinnam) means “gratis, free”; it is related to the verb “to be gracious, show favor” and the noun “grace.”
6. 7 The tense is imperfect, but in the conditional clause it clearly refers to action that is anterior to the action in the next clause. Heb “if he comes in single, he goes out single,” that is, “if he came in single, he will go out single.”
7. 8 Heb “with his back” meaning “alone.”
8. 9 The phrase says, “if he was the possessor of a wife”; the noun בַּעַל (ba’al) can mean “possessor” or “husband.” If there was a wife, she shared his fortunes or his servitude; if he entered with her, she would accompany him when he left.
9. 10 The slave would not have the right or the means to acquire a wife. Thus, the idea of the master’s “giving” him a wife is clear—the master would have to pay the bride price and make the provision. In this case, the wife and the children are actually the possession of the master unless the slave were to pay the bride price—but he is a slave because he got into debt. The law assumes that the master was better able to provide for this woman than the freed slave and that it was most important to keep the children with the mother.
10. 11 The imperfect with the infinitive absolute means that the declaration is unambiguous, that the servant will clearly affirm that he wants to stay with the master. Gesenius says that in a case like this the infinitive emphasizes the importance of the condition on which some consequence depends ( §113.o).
11. 12 Or taken as a desiderative imperfect, it would say, “I do not want to go out free.”
12. 13 The word is הָאֱלֹהִים (ha’elohim). S. R. Driver (Exodus, ) says the phrase means “to God,” namely the nearest sanctuary in order that the oath and the ritual might be made solemn, although he does say that it would be done by human judges. That the reference is to Yahweh God is the view also of F. C. Fensham, “New Light on Exodus 21:7 and 22:7 from the Laws of Eshnunna,” 78 (1959): 160–61. Cf. also , , , , , . Others have made a stronger case that it refers to judges who acted on behalf of God; see C. Gordon, “אלהים in its Reputed Meaning of Rulers, Judges,” 54 (1935): 134–44; and A. E. Draffkorn, “Ilani/Elohim,” 76 (1957): 216–24; cf. , .
13. 14 Or “till his life’s end” (as in the idiom: “serve him for good”).
14. 15 This paragraph is troubling to modern readers, but given the way that marriages were contracted and the way people lived in the ancient world, it was a good provision for people who might want to find a better life for their daughter. On the subject in general for this chapter, see W. M. Swartley, Slavery, Sabbath, War, and Women, 31–64.
15. 16 The word אָמָה (’amah) refers to a female servant who would eventually become a concubine or wife; the sale price included the amount for the service as well as the bride price (see B. Jacob, Exodus, 621). The arrangement recognized her honor as an Israelite woman, one who could be a wife, even though she entered the household in service. The marriage was not automatic, as the conditions show, but her treatment was safeguarded come what may. The law was a way, then, for a poor man to provide a better life for a daughter.
16. 17 Heb “and if unpleasant (רָעָה, ra’ah) in the eyes of her master.”
17. 18 The verb יָעַד (ya’ad) does not mean “betroth, espouse” as some of the earlier translations had it, but “to designate.” When he bought the girl, he designated her for himself, giving her and her family certain expectations.
18. 19 The verb is a Hiphil perfect with vav (ו) consecutive from פָדָה (padah, “to redeem”). Here in the apodosis the form is equivalent to an imperfect: “let someone redeem her”—perhaps her father if he can, or another. U. Cassuto says it can also mean she can redeem herself and dissolve the relationship (Exodus, ).
19. 20 Heb “he has no authority/power,” for the verb means “rule, have dominion.”
20. 21 The deceit is in not making her his wife or concubine as the arrangement had stipulated.
21. 22 Or “after the manner of” (, ); “shall deal with her as with a daughter.”
22. 23 “wife” has been supplied.
23. 24 The translation of “food” does not quite do justice to the Hebrew word. It is “flesh.” The issue here is that the family she was to marry into is wealthy, they ate meat. She was not just to be given the basic food the ordinary people ate, but the fine foods that this family ate.
24. 25 See S. Paul, “Exodus 21:10, A Threefold Maintenance Clause,” 28 (1969): 48–53. Paul suggests that the third element listed is not marital rights but ointments since Sumerian and Akkadian texts list food, clothing, and oil as the necessities of life. The translation of “marital rights” is far from certain, since the word occurs only here. The point is that the woman was to be cared for with all that was required for a woman in that situation.
25. 26 The lessons of slavery and service are designed to bring justice to existing customs in antiquity. The message is: Those in slavery for one reason or another should have the hope of freedom and the choice of service (vv. 2–6). For the rulings on the daughter, the message could be: Women, who were often at the mercy of their husbands or masters, must not be trapped in an unfortunate situation, but be treated well by their masters or husbands (vv. 7–11). God is preventing people who have power over others from abusing it.