21:22 “If men fight and hit a pregnant woman and her child is born prematurely, 11 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. 12
1 sn The family of the victim would set the amount for the ransom of the man guilty of criminal neglect. This practice was common in the ancient world, rare in Israel. If the family allowed the substitute price, then the man would be able to redeem his life.
2 tn Heb “the Egyptians.” For stylistic reasons this has been replaced by the pronoun “they” in the translation.
3 tn Heb “with rigor, oppression.”
3 sn The verb מָרַר (marar) anticipates the introduction of the theme of bitterness in the instructions for the Passover.
4 tn The preposition bet (ב) in this verse has the instrumental use: “by means of” (see GKC 380 §119.o).
5 tn Heb “and in all service.”
6 tn The line could be more literally translated, “All their service in which they served them [was] with rigor.” This takes the referent of בָּהֶם (bahem) to be the Egyptians. The pronoun may also resume the reference to the kinds of service and so not be needed in English: “All their service in which they served [was] with rigor.”
4 tn The verb is the Qal imperfect of שִׂים (sim, “place, put”). The form could be an imperfect of instruction: “You will place upon them the quota.” Or, as here, it may be an obligatory imperfect: “You must place.”
5 tn Heb “yesterday and three days ago” or “yesterday and before that” is idiomatic for “previously” or “in the past.”
6 tn Or “loafers.” The form נִרְפִּים (nirpim) is derived from the verb רָפָה (rafah), meaning “to be weak, to let oneself go.” They had been letting the work go, Pharaoh reasoned, and being idle is why they had time to think about going to worship.
5 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.
6 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 The verb וְהוֹצֵאתִי (vÿhotse’ti) is a perfect tense with the vav (ו) consecutive, and so it receives a future translation – part of God’s promises. The word will be used later to begin the Decalogue and other covenant passages – “I am Yahweh who brought you out….”
7 tn Heb “from under the burdens of” (so KJV, NASB); NIV “from under the yoke of.”
8 tn Heb “from labor of them.” The antecedent of the pronoun is the Egyptians who have imposed slave labor on the Hebrews.