Exodus 21:2–7

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.