Exodus 22:8-31
Context22:8 If the thief is not caught, 1 then the owner of the house will be brought before the judges 2 to see 3 whether he has laid 4 his hand on his neighbor’s goods. 22:9 In all cases of illegal possessions, 5 whether for an ox, a donkey, a sheep, a garment, or any kind of lost item, about which someone says ‘This belongs to me,’ 6 the matter of the two of them will come before the judges, 7 and the one whom 8 the judges declare guilty 9 must repay double to his neighbor. 22:10 If a man gives his neighbor a donkey or an ox or a sheep or any beast to keep, and it dies or is hurt 10 or is carried away 11 without anyone seeing it, 12 22:11 then there will be an oath to the Lord 13 between the two of them, that he has not laid his hand on his neighbor’s goods, and its owner will accept this, and he will not have to pay. 22:12 But if it was stolen 14 from him, 15 he will pay its owner. 22:13 If it is torn in pieces, then he will bring it for evidence, 16 and he will not have to pay for what was torn.
22:14 “If a man borrows an animal 17 from his neighbor, and it is hurt or dies when its owner was not with it, the man who borrowed it 18 will surely pay. 22:15 If its owner was with it, he will not have to pay; if it was hired, what was paid for the hire covers it. 19
22:16 20 “If a man seduces a virgin 21 who is not engaged 22 and has sexual relations with her, he must surely endow 23 her to be his wife. 22:17 If her father refuses to give her to him, he must pay money for the bride price of virgins.
22:18 “You must not allow a sorceress to live. 24
22:19 “Whoever has sexual relations 25 with a beast must surely be put to death.
22:20 “Whoever sacrifices to a god other than the Lord 26 alone must be utterly destroyed. 27
22:21 “You must not wrong 28 a foreigner 29 nor oppress him, for you were foreigners in the land of Egypt.
22:22 “You must not afflict 30 any widow or orphan. 22:23 If you afflict them 31 in any way 32 and they cry to me, I will surely hear 33 their cry, 22:24 and my anger will burn and I will kill you with the sword, and your wives will be widows and your children will be fatherless. 34
22:25 “If you lend money to any of 35 my people who are needy among you, do not be like a moneylender 36 to him; do not charge 37 him interest. 38 22:26 If you do take 39 the garment of your neighbor in pledge, you must return it to him by the time the sun goes down, 40 22:27 for it is his only covering – it is his garment for his body. 41 What else can he sleep in? 42 And 43 when he cries out to me, I will hear, for I am gracious.
22:28 “You must not blaspheme 44 God 45 or curse the ruler of your people.
22:29 “Do not hold back offerings from your granaries or your vats. 46 You must give me the firstborn of your sons. 22:30 You must also do this for your oxen and for your sheep; seven days they may remain with their mothers, but give them to me on the eighth day.
22:31 “You will be holy 47 people to me; you must not eat any meat torn by animals in the field. 48 You must throw it to the dogs.
[22:8] 2 tn Here again the word used is “the gods,” meaning the judges who made the assessments and decisions. In addition to other works, see J. R. Vannoy, “The Use of the Word ha’elohim in Exodus 21:6 and 22:7,8,” The Law and the Prophets, 225-41.
[22:8] 3 tn The phrase “to see” has been supplied.
[22:8] 4 tn The line says “if he has not stretched out his hand.” This could be the oath formula, but the construction here would be unusual, or it could be taken as “whether” (see W. C. Kaiser, Jr., “Exodus,” EBC 2:438). U. Cassuto (Exodus, 286) does not think the wording can possibly fit an oath; nevertheless, an oath would be involved before God (as he takes it instead of “judges”) – if the man swore, his word would be accepted, but if he would not swear, he would be guilty.
[22:9] 5 tn Heb “concerning every kind [thing] of trespass.”
[22:9] 6 tn The text simply has “this is it” (הוּא זֶה, hu’ zeh).
[22:9] 8 tn This kind of clause Gesenius calls an independent relative clause – it does not depend on a governing substantive but itself expresses a substantival idea (GKC 445-46 §138.e).
[22:9] 9 tn The verb means “to be guilty” in Qal; in Hiphil it would have a declarative sense, because a causative sense would not possibly fit.
[22:10] 10 tn The form is a Niphal participle from the verb “to break” – “is broken,” which means harmed, maimed, or hurt in any way.
[22:10] 11 tn This verb is frequently used with the meaning “to take captive.” The idea here then is that raiders or robbers have carried off the animal.
[22:10] 12 tn Heb “there is no one seeing.”
[22:11] 13 tn The construct relationship שְׁבֻעַת יְהוָה (shÿvu’at yÿhvah, “the oath of Yahweh”) would require a genitive of indirect object, “an oath [to] Yahweh.” U. Cassuto suggests that it means “an oath by Yahweh” (Exodus, 287). The person to whom the animal was entrusted would take a solemn oath to Yahweh that he did not appropriate the animal for himself, and then his word would be accepted.
[22:12] 14 tn Both with this verb “stolen” and in the next clauses with “torn in pieces,” the text uses the infinitive absolute construction with less than normal emphasis; as Gesenius says, in conditional clauses, an infinitive absolute stresses the importance of the condition on which some consequence depends (GKC 342-43 §113.o).
[22:12] 15 sn The point is that the man should have taken better care of the animal.
[22:13] 16 tn The word עֵד (’ed) actually means “witness,” but the dead animal that is returned is a silent witness, i.e., evidence. The word is an adverbial accusative.
[22:14] 17 tn Heb “if a man asks [an animal] from his neighbor” (see also Exod 12:36). The ruling here implies an animal is borrowed, and if harm comes to it when the owner is not with it, the borrower is liable. The word “animal” is supplied in the translation for clarity.
[22:14] 18 tn Heb “he”; the referent (the man who borrowed the animal) has been specified in the translation for clarity.
[22:15] 19 tn Literally “it came with/for its hire,” this expression implies that the owner who hired it out and was present was prepared to take the risk, so there would be no compensation.
[22:16] 20 sn The second half of the chapter records various laws of purity and justice. Any of them could be treated in an expository way, but in the present array they offer a survey of God’s righteous standards: Maintain the sanctity of marriage (16-17); maintain the purity of religious institutions (18-20), maintain the rights of human beings (21-28), maintain the rights of Yahweh (29-31).
[22:16] 21 tn This is the word בְּתוּלָה (bÿtulah); it describes a young woman who is not married or a young woman engaged to be married; in any case, she is presumed to be a virgin.
[22:16] 22 tn Or “pledged” for marriage.
[22:16] 23 tn The verb מָהַר (mahar) means “pay the marriage price,” and the related noun is the bride price. B. Jacob says this was a proposal gift and not a purchase price (Exodus, 700). This is the price paid to her parents, which allowed for provision should there be a divorce. The amount was usually agreed on by the two families, but the price was higher for a pure bride from a noble family. Here, the one who seduces her must pay it, regardless of whether he marries her or not.
[22:18] 24 sn There still were many who wished to follow pagan beliefs and consort with the dead (see Deut 18:10-11). The sorceress was someone who dealt with drugs or herbs for occult purposes.
[22:19] 25 tn Heb “lies with.”
[22:20] 26 tn Heb “not to Yahweh.”
[22:20] 27 tn The verb חָרַם (kharam) means “to be devoted” to God or “to be banned.” The idea is that it would be God’s to do with as he liked. What was put under the ban was for God alone, either for his service or for his judgment. But it was out of human control. Here the verb is saying that the person will be utterly destroyed.
[22:21] 29 tn Or “alien,” both here and in 23:9. This individual is a resident foreigner; he lives in the land but, aside from provisions such as this, might easily be without legal rights.
[22:22] 30 tn The verb “afflict” is a Piel imperfect from עָנָה (’anah); it has a wide range of meanings: “afflict, oppress, humiliate, rape.” These victims are at the mercy of the judges, businessmen, or villains. The righteous king and the righteous people will not mistreat them (see Isa 1:17; Job 31:16, 17, 21).
[22:23] 31 tn The accusative here is the masculine singular pronoun, which leads S. R. Driver to conclude that this line is out of place, even though the masculine singular can be used in places like this (Exodus, 232). U. Cassuto says its use is to refer to certain classes (Exodus, 292).
[22:23] 32 tn Here again and with “cry” the infinitive absolute functions with a diminished emphasis (GKC 342-43 §113.o).
[22:23] 33 tn Here is the normal use of the infinitive absolute with the imperfect tense to emphasize the verb: “I will surely hear,” implying, “I will surely respond.”
[22:24] 34 sn The punishment will follow the form of talionic justice, an eye for an eye, in which the punishment matches the crime. God will use invading armies (“sword” is a metonymy of adjunct here) to destroy them, making their wives widows and their children orphans.
[22:25] 35 tn “any of” has been supplied.
[22:25] 36 sn The moneylender will be demanding and exacting. In Ps 109:11 and 2 Kgs 4:1 the word is rendered as “extortioner.”
[22:25] 38 sn In ancient times money was lent primarily for poverty and not for commercial ventures (H. Gamoran, “The Biblical Law against Loans on Interest,” JNES 30 [1971]: 127-34). The lending to the poor was essentially a charity, and so not to be an opportunity to make money from another person’s misfortune. The word נֶשֶׁךְ (neshekh) may be derived from a verb that means “to bite,” and so the idea of usury or interest was that of putting out one’s money with a bite in it (See S. Stein, “The Laws on Interest in the Old Testament,” JTS 4 [1953]: 161-70; and E. Neufeld, “The Prohibition against Loans at Interest in the Old Testament,” HUCA 26 [1955]: 355-412).
[22:26] 39 tn The construction again uses the infinitive absolute with the verb in the conditional clause to stress the condition.
[22:26] 40 tn The clause uses the preposition, the infinitive construct, and the noun that is the subjective genitive – “at the going in of the sun.”
[22:27] 42 tn Literally the text reads, “In what can he lie down?” The cloak would be used for a covering at night to use when sleeping. The garment, then, was the property that could not be taken and not given back – it was the last possession. The modern idiom of “the shirt off his back” gets at the point being made here.
[22:27] 43 tn Heb “and it will be.”
[22:28] 44 tn The two verbs in this verse are synonyms: קָלַל (qalal) means “to treat lightly, curse,” and אָרַר (’arar) means “to curse.”
[22:28] 45 tn The word אֱלֹהִים (’elohim) is “gods” or “God.” If taken as the simple plural, it could refer to the human judges, as it has in the section of laws; this would match the parallelism in the verse. If it was taken to refer to God, then the idea of cursing God would be more along the line of blasphemy. B. Jacob says that the word refers to functioning judges, and that would indirectly mean God, for they represented the religious authority, and the prince the civil authority (Exodus, 708).
[22:29] 46 tn The expressions are unusual. U. Cassuto renders them: “from the fullness of your harvest and from the outflow of your presses” (Exodus, 294). He adds the Hittite parallel material to show that the people were to bring the offerings on time and not let them overlap, because the firstfruits had to be eaten first by the priest.
[22:31] 47 sn The use of this word here has to do with the laws of the sanctuary and not some advanced view of holiness. The ritual holiness at the sanctuary would prohibit eating anything torn to pieces.