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"Now these are the laws, which thou shalt set before them:"
- Exodus 21: 1, 1560 Geneva Bible, see link below.
Now that we have the Ten Commandments in hand, we're changing the way we work through the chapters. Instead of, often, word by word, or one idea at a time, we're going to hit the high points and make an attempt to digest the overall message as we go. Of course, if there is a key phrase, we'll break it down by word, but then we'll get moving again. And between these two chapters, we'll pause for a look a few other ancient legal codes that some have compared the Mosaic Law to.
Chapter 21
1
"way" (and) "ellah" (these) "mishpat" (ordinances / laws / judgments) "asher" (which / that) "sum / sim" (place / put / set) "panim / paneh" (before / 'in presence of') 'the people'.
2 - 7 Review and Summary:
This section deals with slaves who are Hebrews who are owned by other Hebrews, meaning that going in, slavery and indentured servitude (working off a debt) were accepted as part of the culture. Verse two begins with the statement 'if you "qanah" (acquire / buy / possess) a "ebed" (servant / slave / bond servant) "Ibri" (Hebrew), so that is considered a normal state of affairs. Given that they just escaped multi-generational slavery one would think that they might not want to engage in the practice, but here it is. And it begins with one of them owning somebody who is a kinsman, even if they are a somewhat distant relative.
The passage states that the Hebrew slave is to "abad" (serve / perform) for six years, and in the seventh, go free, and not pay for his freedom. This idea will come to a head later in the section on the fifty year Jubilee cycle, seven weeks of years, (see Leviticus 25). This custom of a slave earning their own freedom is also seen in Rome where some slaves were freed after several years of good service, or could buy their own freedom with the money they had earned, and so on.
It goes on to say that if a man 'comes in by himself', that's how he goes out. But if he is acquired with a wife, he leaves with her as well. But then it gets complicated, if the master provides him with a wife, the wife and any children remain the master's. If the male slave doesn't want to leave his wife and kids, and the master, he'll be brought to the judges, marked in the ear, and he's a slave for life.
7 - 11
The section opens with the situation that a man sells his daughter to be a "amah" (maidservant / handmaid / female slave), she is not to "yatsa" (come out / depart (implying 'go free') as do male slaves.
This set of verses is hard for modern people to accept. But this is how it was. Things have changed, although some in various political arenas would argue with that. The simple fact is that now, at least in Western Civilization, women have rights. At the time of the Exodus, in that area, they did not. This is also a different matter than the 'bride price' to marry her off, but that comes up in a moment. Also, the age of the girl cannot be inferred from the text, she is probably a teenager, but that is pure speculation.
Verse eight covers if the girl is "ra'" (unpleasant / bad / wrong) in the eyes of her master, without explaining exactly what is meant by that. It goes on to make the statement that if he "yaad" (designated) for for himself (possibly as a concubine), he must let her be "padah" (redeemed / ransomed / rescued), implying that her father can buy her back. It also states that he can not sell her to a "nokri" (foreigner) since he "bagad" (acted treacherously / betrayed) her.
If the master has bought her to "yaad" (designate) for his son, "mishpat" (law (in this usage: custom / manner) of daughters he shall "asah" (perform / bear / keep / etc) with her.
And if he takes another wife (the text does not say whether this is the master or his son, her rights are not to be diminished. And if he doesn't give her food, clothing, and the rights of a woman of the household, he is to set her free.
12 - 19
This section deals with interpersonal relations, and crimes. And comes with the first mention of the Cities of Refuge (see Numbers 35).
The list of crimes punishable by death includes simple assault, see verse 15, what Joseph's brothers did to him in Genesis 37, and even "qalal" (cursing) one's mother and father.
If "ish" (men / man / person (also: whomsoever)) "rib / rub" (strive / contend / quarrel) and one hits the other, and doesn't kill him, but is "naphal" (cast down) to his "mishkab" (bed / couch), but he can get up and walk again, he shall be "naqah" (free / innocent / exempt) who struck him, only "shebeth" (loss of time) "nathan" (give (pay)) to be healed.
The male pronoun is often used in the English translations, however, most of the terms used in the Hebrew can be read as neutral, or all inclusive.
20 - 21
The prohibition here is not against the beating of a slave, it is the beating of a slave with a "shebet" (rod / staff) to death. If the slave that is beaten lives, there is no punishment, because he is property.
22 - 23
If a "enosh" (man), and it is implied that it is not her husband, strikes a pregnant woman so that she prematurely gives birth, and there is no other harm, the husband of the woman shall require payment. But if there is harm, implying the child dies, then it is "nephesh" (life / living being) for life, ...
This is seen with slightly different wording as law 209 and following in the Code of Hammurabi, see discussion below and links in the resource section.
... The clause from the end of 23 continues in the next verse, and it keeps going after the famous part, which is also found in Hammurabi, beginning at 196.
24 - 25
... "ayin" (eye / sight) for eye...
"shen" (tooth), "yad" (hand), "regel" (foot / leg), "keviyyah" (burn (injury)), "petsa" (wound / bruise), "chabburah" (stripe / bruise).
26 - 27
If a man strikes his manservant in the eye and "shachath" (destroy / corrupt) it, he shall go free. And the same for a tooth of a manservant or maidservant that he knocks out.
28 - 32
If an ox gores somebody to death, it shall be stoned, and the meat not eaten but the owner is "naqiy" (innocent). But if the ox has "naggach" (habit of goring (this term is used twice in the OT, the second time is coming soon, stand by)) in the past, and the owner has been told, and didn't keep it confined, and it kills someone, the ox and the owner shall be executed. He can pay "pidyown" (redemption / ransom) all that is imposed on him, 'and save his life'. Whether it gores a son or daughter, the judgment will stand. If it gores a male or maidservant, thirty shekels of silver he shall give their master, and the ox stoned.
There's line about disagreeable oxen in the Code of Hammurabi, which we'll look at in a moment, and is linked below. See line 251.
33 - 34
If a man opens a pit, or digs a pit, and doesn't cover it, and an ox or donkey falls into it, the owner of the pit shall pay the owner of the animal, and the dead animal is his.
35 - 36
If one ox hurts another ox, and it dies, they shall sell the live one and split the money. Unless the ox was known to "naggach".... (yeah, that word again) ... and the owner didn't keep it confined.... he pays.
End Chapter 21
"Thou shalt not suffer a witch to live."
- Exodus 22: 18, 1560 Geneva Bible, see link below.
A Special Look at ANCIENT LAWS
The most famous of the known bodies of written Ancient Law could be the Draconian Constitution in Athens Greece from around 620 BC. Draco's laws are famous for featuring dramatic punishments for minor crimes, such as the death penalty for petty theft. There's an informational page linked below, a good readable, FREE, copy could not be found.
However, compared to the examples were going to reference in a moment, which we could find reasonable copies of for this study, Draco's laws are almost new.
The second most famous body of ancient law has to be the Code of Hammurabi from Babylon, written in about 1750 BC in the Akkadian language on order of the king for which it is named under the authority of the god of the city, Marduk. A good original of the text of 282 individual laws (of which only thirty lines are missing) were carved into a column of black basalt stone which now stands in the Louvre in Paris. The laws cover everything from business transactions to, as we saw with the laws given by Moses in chapter 21, what to do with an ox that doesn't behave. There's other similarities between the Mosaic Law, Hammurabi, and the two known other works, Lipit-Istar and Ur-Nammu, which we'll touch on as we go, and some interesting differences as well. You can get some sense about the lives of the people, and what was considered important at the time from them.
No, the Hammurabi book of laws isn't the oldest when you consider the Code of Lipit-Istar (about 1930 BC), or the law code Ur-Nammu (about 1800 BC, (at least a century or two before Father Abraham left town, it is the same city, only the name changed.)). See links below for readable versions of all three. But there is one thing in Hammurabi's favor, we have the majority of his code intact, readable, and translated for us... and available for free!
end look
Chapter 22
1 - 6 Review and Summary:
This section deals with property laws, mainly theft and damage. Under these laws, and the other ancient codes we just reviewed, the standards of evidence were somewhat different than you find in a modern court. In those, if you made a serious accusation against somebody and it was later shown to be a lie, well, let's just say you wouldn't have a chance to do it again. In the Mosaic law, while it was prohibited, first in the Ten Commandments, and the later, as in the opening of chapter 23, the penalty for it wasn't as well defined.
Part of the law deals with restitution for the crimes, even if the crime is negligence, such as in verses five and six with wandering livestock and an out of control fire.
7 - 8
This set is about placing valuables in the keeping of another, in trust, and something happens to them. This is seen in Hammurabi's law in number 102 and 112 and related.
9 - 15 Review and Comment:
We back to wandering livestock, and clothing. That's what it says. It lists "shor" (ox or bull), "chamor" (donkey), "seh" (sheep / goat), or "salmah" (cloak / robe / garment), or any lost thing. They matter is brought before the judges, and the loser pays double. But if he delivers one and it dies or wanders off, and nobody saw it, he has to swear and oath that he didn't steal anything, and the owner accept it. But if it was stolen, then he has to pay. Or if it was destroyed by beasts, prove it. And if you borrow anything and it is damaged, make good...... Take an "shebuah" (oath / vow) by YHWH... But if it was stolen pay restitution, or torn by beasts, prove it...
As with Hammurabi's code, the attention to detail on some of these matters underscores what they thought was most important. These are agrarian societies, even those who lived in the towns and cities were dependent on farms and what were called 'cottage trades' such as the weaver, potter, and later, blacksmith. And your relationship with your neighbor, or the farmer down the road, was important, and boundaries for behavior were important.
Another question that is asked, and for which there is no hard answer, is: How specific are these laws when applied to real matters. For instance, both Moses and Hammurabi mention an ox goring somebody (or another ox). Can that same statute be generalized to, say, a goat, which has horns and can gore? Or to a horse that kicks somebody and kills them? As far as we can tell with the documentation available, that may have been up to the discretion of the judge at the time. If more information turns up during our research into this, we'll amend it to this study.
This section is usually labeled 'Social Laws' or something of that vein.
16 - 17
One thing these laws do highlight is that a high value was placed on the virtue of young women, even while they had few rights outside of the home.
18
"kashaph" (practice sorcery / use magic) "lo" (no / not) 'be allowed' "chayah" (to live / be alive).
While the word 'witch' is often used here, as in the 1560 and 1611, it isn't strictly accurate. The difference is that a 'sorcerer' uses the power held by demons and spirits to accomplish things in our world. A 'witch' while seeming to do such things, more often practiced what can be called 'green magic', the use of natural substances in potions and elixirs to, often, produce the same result. However, both would appear, and possibly claim, to have powers and abilities beyond that of 'normal' humans, and may use said powers for both fun and profit, and to glorify themselves. And also, to harm the innocent, ignorant, or unwary. All of which ran afoul of The Law of God.
19
"kol / kal" (all / every / etc) "shakab" (has sex) "im" (with) "behemea" (beast / animal) "muth" (to die / to be killed) "muth" ('to death' (word is repeated for emphasis)).
This is simply talking about bestiality (zoophilia: sexual attraction to, and activity with, animals). While there are reports of it being a pagan practice among some of the various peoples and traditions of the ancient world, there is little, if any, reliable objective documentation of it. There is also scant prehistoric evidence, such as cave art, where it was practiced in any generally accepted manner. Tales from Egypt involving the totem animals of various gods do exist in the works of ancient historians such as Herodotus, which he mentions in his account about Egypt, which is linked below, but which valid questions about the veracity of his accounts have been raised. Some mythological tales from the classic period, such as "Leda and the Swan" where Zeus appears as a bird and seduces her, or the legend of Europa.
But even the idea of such things happening was enough for this line to be in the Law. And to be included in civil laws up to today as a "crime against nature" and in most cases, a felony.
20
The active word here is "charam" ('destroy utterly' / exterminate) and includes the idea of 'making accursed' anyone who sacrifices to another god.
21 - 24
In these verses the verbs are "yanah" (wrong / extort) and "lachats" (oppress / distress / afflict) a "ger" (traveler / stranger), a widow, or orphan. If you do that to them, God will hear their cry for help, and the punishment is listed.
25 - 27
The topic here is 'usery' of a fellow Hebrew. They were not to charge interest as the "nashah" (lenders (includes the idea of deception)). The they are told that if they take a "salmah" (cloak / robe (clothes)) as a "chabal" (pledge (collateral)), to return it that evening, because that's all he has to sleep in. Or when he cries out, God will hear.
28 - 30
This action word here is "qalal" (despise / hold in contempt) God, or "arar" (curse) a ruler of the people.
The idea here can be seen in practice in Job 2 : 9 where the exact opposite Hebrew word is use to imply the same thing.
Verse 29 specified the "meleah" ('first of ripe fruit' / fullness...) and "dema" (vintage (exclusively refers to liquor probably: wine) only use in OT)) you are not to "achar" (later / behind) offering. And the "bekor" (firstborn) of "ben" (son (can also be child)) belong to God.
Also, "shor" (ox / bull), "tson" (sheep / goats / flocks), shall be with its mother for seven days, on the eighth, "nathan" (given (sacrificed)) to God.
31
"ish" (men) "qodesh" (holiness / sacredness (something dedicated to GOD)) "hayah" (to be / become) to Me. And "basar" (flesh / meat) "sadeh" (field / country) "terephah" (torn flesh / prey (as killed by a predator)) "lo" (no / not) "akal" (eat / consume). To the "keleb" (dog) "shalak" (throw / fling) it.
This is gone into some detail later with the dietary laws and how meat animals are to be intentionally dispatched and cleaned. "road kill" does not meet Kosher guidelines.
Selected Resources:
All links will open in a new tab/window, all were working as of original date of posting:
Interlinear English / Hebrew: Chapter 21 https://biblehub.com/interlinear/exodus/21.htm
https://www.kingjamesbibleonline.org/1611_Exodus-Chapter-21/
The 1560 Geneva Bible http://www.genevabible.org/geneva.html
"Compare Translations for Exodus 21 : 25" https://www.biblestudytools.com/exodus/21-25-compare.html
"Could Roman slaves buy their own freedom?"https://www.historyextra.com/period/roman/qa-could-roman-slaves-buy-their-own-freedom/
"A severe archon called Draco was chosen to draw up these new laws (602 B.C.); and he made them so strict and cruel that the least sin was punished as if it had been a crime, and a man was sentenced to be hanged for stealing even a cabbage."
Greek history, Draco's Laws https://www.heritage-history.com/index.php?c=read&author=guerber&book=greeks&story=draco
"The Ur-Nammu law code" https://www.realhistoryww.com/world_history/ancient/Misc/Sumer/ur_nammu_law.htm
A PDF with photos of the Code of Lipit-Istar https://www.penn.museum/documents/publications/pdfs/The_Code_of_Lipit-Ishtar.pdf
The text:
https://en.wikisource.org/wiki/Code_of_Lipit-I%C5%A1tar
"The Mendesians then reverence all goats and the males more than the females (and the goatherds too have greater honour than other herdsmen), but of the goats one especially is reverenced, and when he dies there is great mourning in all the Mendesian district: and both the goat and Pan are called in the Egyptian tongue Mendes. Moreover in my lifetime there happened in that district this marvel, that is to say a he-goat had intercourse with a woman publicly, and this was so done that all men might have evidence of it."
https://www.gutenberg.org/files/2131/2131-h/2131-h.htm
"Discover the myth of Europa, the godmother of a continent" https://www.greeka.com/crete/heraklion/myths/europa/
NOTE: The Bible Study Lesson presented above is posted as a reference document to begin a conversation of the topic. And that's it. Please accept it at such.
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