21:2 1 “If you buy 2 a Hebrew servant, 3 he is to serve you for six years, but in the seventh year he will go out free 4 without paying anything. 5
21:16 “Whoever kidnaps someone 6 and sells him, 7 or is caught still holding him, 8 must surely be put to death.
1 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.
2 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).
3 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.
4 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).
5 tn The adverb חִנָּם (hinnam) means “gratis, free”; it is related to the verb “to be gracious, show favor” and the noun “grace.”
6 tn Heb “a stealer of a man,” thus “anyone stealing a man.”
7 sn The implication is that it would be an Israelite citizen who was kidnapped and sold to a foreign tribe or country (like Joseph). There was always a market for slaves. The crime would be in forcibly taking the individual away from his home and religion and putting him into bondage or death.
8 tn Literally “and he is found in his hand” (KJV and ASV both similar), being not yet sold.