《Pett’s Commentary on the Bible – Exodus (Vol. 2)》(Peter Pett)
21 Chapter 21
Introduction
THE BOOK OF THE COVENANT (Exodus 20:1 to Exodus 23:33).
In Exodus 24:7 we read of a ‘book of the covenant’ written by Moses (see Exodus 24:4). Logically this must include the Sinai covenant and what follows, for the Sinai covenant was not made known to the people (they heard it as though it were thunder and the sound of a trumpet) until revealed to them by Moses. Some, however, see the book of the covenant as starting at Exodus 20:22 commencing with the words, ‘and Yahweh said to Moses’, but as these are provisions extending the Sinai covenant and gain their validity through it we would argue that The Book of the Covenant commences here, although not denying that it is in two sections. This is confirmed by Exodus 24:3 where Moses speaks to the people ‘all the words of Yahweh and all the judgments’. The ‘judgments’ are in Exodus 20:21 onwards (see Exodus 21:1), ‘all the words’ must surely refer to the ten words and Exodus 20:22-26.
Note to Christians.
As we look at this chapter, we as the true Israel, the Israel of God, made up of the descendants of those Jews who first came to Jesus Christ in such abundance to form the new Israel (‘My congregations’ - Matthew 16:18), and of all who through their testimony and its after effects have come to Him and been incorporated into the new Israel, can take to ourselves the words of His covenant. We can recognise in it our calling to be a kingdom of priests (Exodus 20:6 above; 1 Peter 2:5; 1 Peter 2:9) and a holy nation (Exodus 20:6 above; 1 Peter 2:9), and rejoice in the fact that we are a people for His special possession (Exodus 20:5 above; Titus 2:14; 1 Peter 2:9). And hearing of the splendour of the revelation of God at Sinai, we can recognise afresh that we deal with a holy and powerful God, Who has not changed. What has changed is that Jesus Christ having been offered for the sins of the world, we can approach Him without fear if our hearts are right towards Him.
End of note.
Further Covenant Provisions (Exodus 21:1 to Exodus 23:33).
Exodus 21:1
“Now these are the judgments that you will set before them.”
Having made known His covenant, and having established how they must approach Him, Yahweh now provides detailed treatment on particular cases. These are mainly in the form of case law (casuistic) based on specific examples, with an occasional reference to apodictic law (direct command from God - a rare form of law outside Israel probably mainly restricted to patriarchal societies). The first example is of Hebrew bondmen and Hebrew bondwomen. This demonstrates that a good number of such must have come out of Egypt attached to Israelite families, and it shows Yahweh’s concern for those who were now in bondage as Israel had been in Egypt. Other law codes put slaves well down in the list. They were of little account.
Law codes were fairly common in the Ancient Near East. There were the laws of Ur-nammu of Ur, Lipit Ishtar of Isin (2100 BC), the laws of Eshnunna and of Hammurapi of Babylon (1750 BC) as well as Hittite law codes and considerable written material dealing with casuistic law. They were not comprehensive and by no means dealt with all circumstances, even common ones such as arson. Perhaps some of them reflected rather changes in the law. Thus like Biblical law there were gaps which were covered by custom rather than code. Indeed the law codes were rarely quoted in court. Whether they were for the use of judges or simply a propaganda exercise is a matter of debate. Possibly a little of both. The difference in Israel is that their laws were promulgated by God, and in the end enforceable by Him.
The covenant provisions that follow are carefully gathered into groups, mainly following a chiastic format.
Regulations With Regard to Slaves and Violence To Fellowmen (Exodus 21:2-27).
It is always difficult to appreciate the ancient mind and its working, but there is a case here for seeing a chiastic pattern in Exodus 21:2-27, especially in the light of clearer examples elsewhere. We may analyse it as follows:
a Dealings with a Hebrew slave (Exodus 21:2-6).
b Dealings with a daughter sold with a view to marriage and childbearing, if buyer does not marry her he must compensate (Exodus 21:7-11).
c Manslayers to die but a way of escape if innocent (Exodus 21:12-13).
d If a man slays with guile he is to be put to death (Exodus 21:14).
e He who smites father and mother to be put to death (Exodus 21:15).
f Kidnappers to be put to death (Exodus 21:16).
e He who curses father and mother to be put to death (Exodus 21:17).
d If one who contends smites another and he does not die he must pay costs (Exodus 21:18-19).
c Slayers of servants by beating to be punished, but escape if there is delay in dying (Exodus 21:20-21).
b Striving which hurts a woman and affects childbearing to be punished, but if the wife dies he shall die (Exodus 21:22-25).
a Dealings in respect to injury to slaves (Exodus 21:26-27).
Thus ‘a’ and its parallel contrast dealings with slaves, ‘b’ and its parallel contrast dealings with women affected by a man’s behaviour, punishment depending on result, ‘c’ and its parallel contrast manslayers of nativeborn and slave but with a possible way of escape depending on circumstances, ‘d’ and its parallel simply contrast a manslayer with a possible manslayer, ‘e’ and its parallel contrast behaviour towards father and mother. The build up of it all around ‘f’ brings out the heinousness of kidnapping in ancient eyes.
These laws probably expand on those already established by Moses (Exodus 15:25). As time went by expansion would always be necessary.
Verse 1
Further Covenant Provisions (Exodus 21:1 to Exodus 23:33).
Exodus 21:1
“Now these are the judgments that you will set before them.”
Having made known His covenant, and having established how they must approach Him, Yahweh now provides detailed treatment on particular cases. These are mainly in the form of case law (casuistic) based on specific examples, with an occasional reference to apodictic law (direct command from God - a rare form of law outside Israel probably mainly restricted to patriarchal societies). The first example is of Hebrew bondmen and Hebrew bondwomen. This demonstrates that a good number of such must have come out of Egypt attached to Israelite families, and it shows Yahweh’s concern for those who were now in bondage as Israel had been in Egypt. Other law codes put slaves well down in the list. They were of little account.
Law codes were fairly common in the Ancient Near East. There were the laws of Ur-nammu of Ur, Lipit Ishtar of Isin (2100 BC), the laws of Eshnunna and of Hammurapi of Babylon (1750 BC) as well as Hittite law codes and considerable written material dealing with casuistic law. They were not comprehensive and by no means dealt with all circumstances, even common ones such as arson. Perhaps some of them reflected rather changes in the law. Thus like Biblical law there were gaps which were covered by custom rather than code. Indeed the law codes were rarely quoted in court. Whether they were for the use of judges or simply a propaganda exercise is a matter of debate. Possibly a little of both. The difference in Israel is that their laws were promulgated by God, and in the end enforceable by Him.
The covenant provisions that follow are carefully gathered into groups, mainly following a chiastic format.
Verses 1-36
Expansion of the Ten Words of the Covenant (Exodus 20:22 to Exodus 23:33).
In this section, which is composed of elements put together mainly in chiastic form (see later), Yahweh expands on the Ten Words of the covenant. Notice that it begins with ‘and Yahweh said to Moses’. This proceeds as follows:
a Instructions concerning future worship in obedience to the commandments in Exodus 20:3-5, for He will be with them and record His name in places where they go (Exodus 20:22-26).
b Instructions concerning bondservants remembering the manservants and maidservants in mentioned in Exodus 20:10 (Exodus 21:1-11).
c Instructions concerning those who cause death or injury and those who dishonour their parents in obedience to Exodus 20:12-13 (Exodus 21:12-36).
d Instructions concerning a neighbour’s goods in obedience to Exodus 20:15; Exodus 20:17 (Exodus 22:1-15).
d Instruction concerning the forcing of virgins, who belong to their families, which connects with Exodus 20:14; Exodus 20:17 (Exodus 22:16-17).
c Instructions concerning wrong attitudes which connect with wider implications from the words of the covenant, which include some for which the penalty is death, and the need for avoidance of dishonourable conduct (Exodus 22:18 to Exodus 23:11).
b Instructions concerning the Sabbath (compare Exodus 20:8-9) and the regular feasts (Exodus 23:12-19).
a Yahweh’s resulting promise that His Angel will go with them until the land is theirs, finishing with a warning against idolatry (Exodus 23:20-23).
We should note here that in ‘a’ the approach to and worship of Yahweh is in mind, and His recording of His name in places as they go on their way, and they are warned against idolatry, and in the parallel the Angel of Yahweh is to go with them and they are warned against idolatry. In ‘b’ we are instructed concerning bondmen and bondwomen and in the parallel the Sabbath is dealt with which, in the announcing of the covenant, contained reference to the rights of menservants and maidservant (Exodus 20:9). The bondmen also had a right to enjoy a seven year sabbath. It may be this connection which decided the positioning of this law prior to those concerning murder and theft. In ‘c’ we have reference to death and violence, while in the parallel death is the sentence for some of the crimes mentioned. In ‘d’ we have reference to misappropriation of people’s goods, and in the parallel misappropriation of their daughters.
Verses 2-6
Regulations With Regard to Slaves and Violence To Fellowmen (Exodus 21:2-27).
It is always difficult to appreciate the ancient mind and its working, but there is a case here for seeing a chiastic pattern in Exodus 21:2-27, especially in the light of clearer examples elsewhere. We may analyse it as follows:
a Dealings with a Hebrew slave (Exodus 21:2-6).
b Dealings with a daughter sold with a view to marriage and childbearing, if buyer does not marry her he must compensate (Exodus 21:7-11).
c Manslayers to die but a way of escape if innocent (Exodus 21:12-13).
d If a man slays with guile he is to be put to death (Exodus 21:14).
e He who smites father and mother to be put to death (Exodus 21:15).
f Kidnappers to be put to death (Exodus 21:16).
e He who curses father and mother to be put to death (Exodus 21:17).
d If one who contends smites another and he does not die he must pay costs (Exodus 21:18-19).
c Slayers of servants by beating to be punished, but escape if there is delay in dying (Exodus 21:20-21).
b Striving which hurts a woman and affects childbearing to be punished, but if the wife dies he shall die (Exodus 21:22-25).
a Dealings in respect to injury to slaves (Exodus 21:26-27).
Thus ‘a’ and its parallel contrast dealings with slaves, ‘b’ and its parallel contrast dealings with women affected by a man’s behaviour, punishment depending on result, ‘c’ and its parallel contrast manslayers of nativeborn and slave but with a possible way of escape depending on circumstances, ‘d’ and its parallel simply contrast a manslayer with a possible manslayer, ‘e’ and its parallel contrast behaviour towards father and mother. The build up of it all around ‘f’ brings out the heinousness of kidnapping in ancient eyes.
These laws probably expand on those already established by Moses (Exodus 15:25). As time went by expansion would always be necessary.
Regulations Concerning Hebrew Bondmen and Bondwomen (Exodus 21:2-11).
It must be seen as quite remarkable that this coverage of the detail of the ‘judgments’ of the Law from Exodus 21-23, begins with these regulations concerning Hebrew bondmen, even prior to those dealing with the fact of the taking of human life. It demonstrates God’s care for the weak and vulnerable, but probably arises because of the mention of menservants and maidservants in the fourth ‘word’ concerning the Sabbath. ‘Hebrews’, if we associate them with the Habiru, had no protector, only God. They were a no-people. And thus His people must have His attitude towards them, for God is the God of the under-privileged. God is saying here, ‘before we consider the details of My commandments regulating your behaviour to each other, let us consider these who are a no-people without protection. Because you are my people you must care for the weak, and vulnerable, and helpless’. They were not only not to make them work on the Sabbath, they must grant them a Sabbath at the end of their term of service.
Alternately we might see that the emphasis here is on the problem of a wife married to such a person while serving in an Israelite household, the question being as to what her position is. The answer given here is quite clear. She must not be taken outside the covenant. If the Hebrew man goes out he goes out by himself, unless he brought his wife with him. If he wishes to retain a wife whom he has wed in an Israelite household he must himself remain within the covenant.
This passage may be analysed as follows:
a If a Hebrew bondman is bought he serves for six years and in the seventh goes out free for nothing (Exodus 20:2)