Ex. 21 Law concerning bond-men or slaves, Ex. 21:1–5. Servants bored through the ear, Ex. 21:6. Ordinances for bond-women, Ex. 21:7–11. Of murderers, Ex. 21:12. Of them that curse their parents, Ex. 21:17. Of strikers, Ex. 21:18–19. Of them that hurt a woman with child, Ex. 21:22–25.

Or, the judicial laws, by which thou and the judges before mentioned shall govern thyself and the people in civil and criminal causes.

If thou buy an Hebrew servant; of which practice see Jer. 34:14. This was allowed in two cases: 1. When a man for his crimes was condemned by the judges to be sold; of which see Ex. 22:3, 2 Kings 4:1, Matt. 8:25. 2. When a man pressed by great poverty sold himself or his children; of which see Lev.

By himself, i.e. with his own person only, not with a wife, as the opposite branch showeth.

That being a true rule, and approved both by Scripture and by heathen authors, that the birth follows the belly, Gen. 21:10, Gal. 4:24–25; and he that owns the tree hath right to all its fruit. Quest.

Shall bring him unto the judges; partly, that it may appear he chooseth this freely, and is not overawed nor overreached by his master; and partly, that the agreement being so publicly and solemnly confirmed, might be irrevocable.

A man, i.e. a Hebrew, as appears by the opposition of one of a strange nation, Ex. 21:8. For a man to sell his daughter to be a maid-servant was allowed in case of extreme necessity, because of the hardness of their hearts.

Who hath betrothed her to himself, for a concubine or secondary wife. Not that masters did always take maid-servants upon these terms, as some conceive; but that some did so, and of them this place speaks.

i.e. Give her a convenient portion, as he doth to his own daughters, Ex. 22:16.

Her duty of marriage is called due benevolence, 1 Cor. 7:3. Or, her dwelling, as the word is oft used. So here are the three great conveniences of life, food, and raiment, and habitation, all which he is to provide for her.

And with gifts also by virtue of the law, Deut. 15:14. The sum is this, The master was either, 1. Willing to part with her; and then he was to let her be redeemed by herself, or any of her friends, but not by a heathen, Ex. 21:8. Or, 2.

He that smiteth a man knowingly and wilfully, as appears by the next verse, neither the friends of the party slain, nor the magistrate, shall give him a pardon, or accept a ransom for him, Num. 35:31.

If it appear that the manslayer did not intend nor desire it, but only it fell out by his heedlessness, or by some casualty, or by some unexpected providence; or, God, and not man, God without the man’s contrivance or design; for otherwise, in a general sense and way, God delivered Christ into the…

If a man come presumptuously, i.e. do this proudly, boldly, purposely, and maliciously; for so the word signifies. From mine altar, which not only in the wilderness, but afterward, seems to have been esteemed a place of refuge, 1 Kings 1:50, as it also was among the heathens: but God so far abhors…

He that smiteth; either, 1. So as is before mentioned, Ex. 21:12, so as they die. And to smite sometimes signifies to kill, as Gen. 4:15, 2 Kings 14:5, compared with 2 Chron. 25:3. And this may be here added by way of distinction: q.d.

i.e. In the manstealer’s hand; q.d. though he keep him in his own hands for his own use; for still it is a theft, and he is made that man’s slave, and it is in his power to sell him to another when he pleaseth, and therefore deserves death.

Or, revileth, to wit, wilfully, maliciously, obstinately, against all admonition, by comparing Deut. 21:18.

With a stone, or any other instrument fit for such a mischievous purpose. A usual synecdoche.

The loss of his time, i.e. of the profit which he could or commonly did make of his time in the way of his calling. Cause him to be thoroughly healed, i.e. pay the charges of the cure.

His servant, namely, a stranger; for an Israelite was to be better used. See Lev. 25:39–40;c. With a rod; a fit and usual instrument for correction, whereby it is implied, that if he killed him with a sword, or any such weapon, he was to die for it. Under his hand, i.e.

i.e. His possession bought with his money; and therefore, 1. Had a power to chastise him according to his demerit, which might be very great. 2. Is sufficiently punished with his own loss. 3. May be presumed not to have done this purposely and maliciously.

A woman with child, to wit, the wife of the other person, who interposed herself to succour her husband. No mischief follow, neither to the woman nor child; for it is generally so as to reach both, in case the abortive had life in it.

Any mischief; either to the mother or to the child, whether it be death, or any maim or mischief. Who shall give life for life? Answ. Not the private person, which would have introduced infinite mischiefs and confusions, but the magistrate; for these laws are given to Moses, and the execution of…

This is called the law of retaliation, and from hence the heathen lawgivers took it and put it into their laws. But though this might sometimes be practised in the letter, yet it was not necessarily to be understood and executed so; as may appear, 1.

Some confine this to the Israelitish servants, but the text doth not so limit it; and the reason of the law seems to reach to Gentile servants, this being a just punishment to unmerciful masters, (who ought to be merciful to their beasts, much more to such servants,) and a fit recompence to a…

Under which you are to understand any other creatures of like nature which hurt a man in such a dangerous manner, whether with their horns, or teeth, or feet; but he mentions only the ox or bull, and his goring with his horn, because this is most frequently done.

It hath been testified, which the Jews say was to be done thrice, and before the magistrate. A man or a woman, to wit, an Israelite, or a stranger who is free, by comparing this with Ex. 21:32.

If there be laid on him; either by the avenger of blood, the next akin to the party slain, who is willing to exchange the punishment; or by the judge, who may discern some circumstances which may much lessen the crime, as if an ox had broken his cords wherewith he was tied, or broke forth through…

A son or a daughter; names signifying their tender age, in respect of the man or woman, Ex. 21:29. And this is added, lest the foregoing sense should be restrained to their parents, whose lives were more precious, and therefore their loss greater.

The half the freeman’s price. See Poole on “Matt. 26:5”.

If a man shall either open an old pit which hath been covered with earth; or dig a new pit, to wit, in a public way, as the reason of the law shows; for if it were done in a man’s own house or ground, there was no danger of such an accident, except the beast transgressed his bounds, and then the…

The owner of the pit, i.e. he by whose hand or command it was made, shall give money equal to the worth of the dead beast, in the opinion of the judge.

They shall divide the money; not equally, for so the owner of the mischievous ox might be gainer by the mischief, his ox being much worse than that which was killed; but in such proportions as the judges shall think fit, considering the worth of the cattle, and the circumstances of the action.

Ox for ox; an ox of equal value with that slain ox, or the price and worth of it.