21:22 “If men fight and hit a pregnant woman and her child is born prematurely, 4 but there is no serious injury, he will surely be punished in accordance with what the woman’s husband demands of him, and he will pay what the court decides. 5
21:2 6 “If you buy 7 a Hebrew servant, 8 he is to serve you for six years, but in the seventh year he will go out free 9 without paying anything. 10
19:19 A person with great anger bears the penalty, 13
but if you deliver him from it once, you will have to do it again. 14
1 tn Or “I have done wrong.”
2 tn Heb “Return from upon me; what you place upon me, I will carry.”
3 tn The Hebrew term כִּכָּר (kikkar, “circle”) refers generally to something that is round. When used of metals it can refer to a disk-shaped weight made of the metal or to a standard unit of weight, generally regarded as a talent. Since the accepted weight for a talent of metal is about 75 pounds, this would have amounted to about 22,500 pounds of silver and 2,250 pounds of gold.
4 tn This line has occasioned a good deal of discussion. It may indicate that the child was killed, as in a miscarriage; or it may mean that there was a premature birth. The latter view is taken here because of the way the whole section is written: (1) “her children come out” reflects a birth and not the loss of children, (2) there is no serious damage, and (3) payment is to be set for any remuneration. The word אָסוֹן (’ason) is translated “serious damage.” The word was taken in Mekilta to mean “death.” U. Cassuto says the point of the phrase is that neither the woman or the children that are born die (Exodus, 275). But see among the literature on this: M. G. Kline, “Lex Talionis and the Human Fetus,” JETS 20 (1977): 193-201; W. House, “Miscarriage or Premature Birth: Additional Thoughts on Exodus 21:22-25,” WTJ 41 (1978): 108-23; S. E. Loewenstamm, “Exodus XXI 22-25,” VT 27 (1977): 352-60.
5 tn The word בִּפְלִלִים (biflilim) means “with arbitrators.” The point then seems to be that the amount of remuneration for damages that was fixed by the husband had to be approved by the courts. S. R. Driver mentions an alternative to this unusual reading presented by Budde, reading בנפלים as “untimely birth” (Exodus, 219). See also E. A. Speiser, “The Stem PLL in Hebrew,” JBL 82 (1963): 301-6.
6 sn See H. L. Elleson, “The Hebrew Slave: A Study in Early Israelite Society,” EvQ 45 (1973): 30-35; N. P. Lemche, “The Manumission of Slaves – The Fallow Year – The Sabbatical Year – The Jobel Year,” VT 26 (1976): 38-59, and “The ‘Hebrew Slave,’ Comments on the Slave Law – Ex. 21:2-11,” VT 25 (1975): 129-44.
7 tn 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 GKC 497 §159.bb).
8 sn 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,” EBC 2:431). It seems likely that the term describes someone born a Hebrew, as opposed to a foreigner (S. R. Driver, Exodus, 210). The literature on this includes: M. P. Gray, “The Habiru-Hebrew Problem,” HUCA 29 (1958): 135-202.
9 sn 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,” BASOR 139 [1955]: 9-11).
10 tn The adverb חִנָּם (hinnam) means “gratis, free”; it is related to the verb “to be gracious, show favor” and the noun “grace.”
11 tn In the Hebrew text the infinitive “to do it” comes after “sanctuary”; it makes a smoother rendering in English to move it forward, rather than reading “brought for the work.”
12 tn Heb “in the morning, in the morning.”
13 sn The Hebrew word means “indemnity, fine”; this suggests that the trouble could be legal, and the angry person has to pay for it.
14 tn The second colon of the verse is very difficult, and there have been many proposals as to its meaning: (1) “If you save [your enemy], you will add [good to yourself]”; (2) “If you save [your son by chastening], you may continue [chastisement and so educate him]”; (3) “If you deliver [him by paying the fine for him once], you will have to do it again”; (4) “If you save [him this time], you will have to increase [the punishment later on].” All interpretations have to supply a considerable amount of material (indicated by brackets). Many English versions are similar to (3).