Robert Jamieson, A. R. Fausset, David Brown’s Jamieson-Fausset-Brown Commentary (1871)

Exodus 21

Verse 1

1Now these are the judgments which thou shalt set before them.

Ex 21:1-6. Laws for Menservants. 1. judgments--rules for regulating the procedure of judges and magistrates in the decision of cases and the trial of criminals. The government of the Israelites being a theocracy, those public authorities were the servants of the Divine Sovereign, and subject to His direction. Most of these laws here noticed were primitive usages, founded on principles of natural equity, and incorporated, with modifications and improvements, in the Mosaic code.

Verses 2–6

2If thou buy an Hebrew servant, six years he shall serve: and in the seventh he shall go out free for nothing.

3If he came in by himself, he shall go out by himself: if he were married, then his wife shall go out with him.

4If his master have given him a wife, and she have born him sons or daughters; the wife and her children shall be her master's, and he shall go out by himself.

5And if the servant shall plainly say, I love my master, my wife, and my children; I will not go out free:

6Then his master shall bring him unto the judges; he shall also bring him to the door, or unto the door post; and his master shall bore his ear through with an aul; and he shall serve him for ever.

2-6. If thou buy an Hebrew servant--Every Israelite was free-born; but slavery was permitted under certain restrictions. An Hebrew might be made a slave through poverty, debt, or crime; but at the end of six years he was entitled to freedom, and his wife, if she had voluntarily shared his state of bondage, also obtained release. Should he, however, have married a female slave, she and the children, after the husband’s liberation, remained the master’s property; and if, through attachment to his family, the Hebrew chose to forfeit his privilege and abide as he was, a formal process was gone through in a public court, and a brand of servitude stamped on his ear (Psa 40:6) for life, or at least till the Jubilee (De 15:17).

Verses 7–11

Ex 21:7-36. Laws for Maidservants.

7And if a man sell his daughter to be a maidservant, she shall not go out as the menservants do.

8If she please not her master, who hath betrothed her to himself, then shall he let her be redeemed: to sell her unto a strange nation he shall have no power, seeing he hath dealt deceitfully with her.

9And if he have betrothed her unto his son, he shall deal with her after the manner of daughters.

10If he take him another wife; her food, her raiment, and her duty of marriage, shall he not diminish.

11And if he do not these three unto her, then shall she go out free without money.

7-11. if a man sell his daughter--Hebrew girls might be redeemed for a reasonable sum. But in the event of her parents or friends being unable to pay the redemption money, her owner was not at liberty to sell her elsewhere. Should she have been betrothed to him or his son, and either change their minds, a maintenance must be provided for her suitable to her condition as his intended wife, or her freedom instantly granted.

Verses 23–25

23And if any mischief follow, then thou shalt give life for life,

24Eye for eye, tooth for tooth, hand for hand, foot for foot,

25Burning for burning, wound for wound, stripe for stripe.

23-25. eye for eye--The law which authorized retaliation (a principle acted upon by all primitive people) was a civil one. It was given to regulate the procedure of the public magistrate in determining the amount of compensation in every case of injury, but did not encourage feelings of private revenge. The later Jews, however, mistook it for a moral precept, and were corrected by our Lord (Mt 5:38-42).

Verses 28–36

28If an ox gore a man or a woman, that they die: then the ox shall be surely stoned, and his flesh shall not be eaten; but the owner of the ox shall be quit.

29But if the ox were wont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman; the ox shall be stoned, and his owner also shall be put to death.

30If there be laid on him a sum of money, then he shall give for the ransom of his life whatsoever is laid upon him.

31Whether he have gored a son, or have gored a daughter, according to this judgment shall it be done unto him.

32If the ox shall push a manservant or a maidservant; he shall give unto their master thirty shekels of silver, and the ox shall be stoned.

33And if a man shall open a pit, or if a man shall dig a pit, and not cover it, and an ox or an ass fall therein;

34The owner of the pit shall make it good, and give money unto the owner of them; and the dead beast shall be his.

35And if one man's ox hurt another's, that he die; then they shall sell the live ox, and divide the money of it; and the dead ox also they shall divide.

36Or if it be known that the ox hath used to push in time past, and his owner hath not kept him in; he shall surely pay ox for ox; and the dead shall be his own.

28-36. If an ox gore a man or a woman, that they die--For the purpose of sanctifying human blood, and representing all injuries affecting life in a serious light, an animal that occasioned death was to be killed or suffer punishment proportioned to the degree of damage it had caused. Punishments are still inflicted on this principle in Persia and other countries of the East; and among a rude people greater effect is thus produced in inspiring caution, and making them keep noxious animals under restraint, than a penalty imposed on the owners.