Exodus 20:22-23:33

New English Translation

Footnotes

1. Exodus 20:22 sn Based on the revelation of the holy sovereign God, this pericope instructs Israel on the form of proper worship of such a God. It focuses on the altar, the centerpiece of worship. The point of the section is this: those who worship this holy God must preserve holiness in the way they worship—they worship where he permits, in the manner he prescribes, and with the blessings he promises. This paragraph is said to open the Book of the Covenant, which specifically rules on matters of life and worship.
2. Exodus 20:22 tn Heb “and Yahweh said.”
3. Exodus 20:23 tn The direct object of the verb must be “gods of silver.” The prepositional phrase modifies the whole verse to say that these gods would then be alongside the one true God.
4. Exodus 20:23 tn Heb “neither will you make for you gods of gold.”sn U. Cassuto explains that by the understanding of parallelism each of the halves apply to the whole verse, so that “with me” and “for you” concern gods of silver or gods of gold (Exodus, 255).
5. Exodus 20:24 sn The instructions here call for the altar to be made of natural things, not things manufactured or shaped by man. The altar was either to be made of clumps of earth or natural, unhewn rocks.
6. Exodus 20:24 sn The “burnt offering” is the offering prescribed in Lev 1. Everything of this animal went up in smoke as a sweet aroma to God. It signified complete surrender by the worshiper who brought the animal, and complete acceptance by God, thereby making atonement. The “peace offering” is legislated in Lev 3 and 7. This was a communal meal offering to celebrate being at peace with God. It was made usually for thanksgiving, for payment of vows, or as a freewill offering.
7. Exodus 20:24 tn Gesenius lists this as one of the few places where the noun in construct seems to be indefinite in spite of the fact that the genitive has the article. He says בְּכָל־הַמָּקוֹם (b^ekhol hammaqom) means “in all the place, sc. of the sanctuary,” and is a dogmatic correction of “in every place” (כָּל־מָקוֹם, kol maqom). See GKC 412 §127.e.
8. Exodus 20:24 tn The verb is זָכַר (zakhar, “to remember”), but in the Hiphil especially it can mean more than remember or cause to remember (remind)—it has the sense of praise or honor. B. S. Childs says it has a denominative meaning, “to proclaim” (Exodus [OTL], 447). The point of the verse is that God will give Israel reason for praising and honoring him, and in every place that occurs he will make his presence known by blessing them.
9. Exodus 20:25 tn Heb “them” referring to the stones.
10. Exodus 20:25 tn Heb “of hewn stones.” Gesenius classifies this as an adverbial accusative—“you shall not build them (the stones of the altar) as hewn stones.” The remoter accusative is in apposition to the nearer (GKC 372 §117.kk).
11. Exodus 20:25 tn The verb is a preterite with vav (ו) consecutive. It forms the apodosis in a conditional clause: “if you lift up your tool on it…you have defiled it.”
12. Exodus 20:26 tn Heb “uncovered” (so ASV, NAB).
13. Exodus 21:1 sn There follows now a series of rulings called “the decisions” or “the judgments” (הַמִּשְׁפָּטִים, hammishpatim). A precept is stated, and then various cases in which the law is applicable are examined. These rulings are all in harmony with the Decalogue that has just been given and can be grouped into three categories: civil or criminal laws, religious or cultic laws, and moral or humanitarian laws. The civil and criminal laws make up most of chap. 21; the next two chapters mix the other kinds of laws. Among the many studies of this section of the book are F. C. Fensham, “The Role of the Lord in the Legal Sections of the Covenant Code,” VT 26 (1976): 262-74; S. Paul, “Unrecognized Biblical Legal Idioms in Light of Comparative Akkadian Expressions,” RB 86 (1979): 231-39; M. Galston, “The Purpose of the Law According to Maimonides,” JQR 69 (1978): 27-51.
14. Exodus 21:2 sn See H. L. Elleson, “The Hebrew Slave: A Study in Early Israelite Society,” EvQ 45 (1973): 30-35; N. P. Lemche, “The Manumission of Slaves—The Fallow Year—The Sabbatical Year—The Jobel Year,” VT 26 (1976): 38-59, and “The ‘Hebrew Slave,’ Comments on the Slave Law—Ex. 21:2-11, ” VT 25 (1975): 129-44.
15. Exodus 21:2 tn The verbs in both the conditional clause and the following ruling are imperfect tense: “If you buy…then he will serve.” The second imperfect tense (the ruling) could be taken either as a specific future or an obligatory imperfect. Gesenius explains how the verb works in the conditional clauses here (see GKC 497 §159.bb).
16. Exodus 21:2 sn The interpretation of “Hebrew” in this verse is uncertain: (1) a gentilic ending, (2) a fellow Israelite, (3) or a class of mercenaries of the population (see W. C. Kaiser, Jr., “Exodus,” EBC 2:431). It seems likely that the term describes someone born a Hebrew, as opposed to a foreigner (S. R. Driver, Exodus, 210). The literature on this includes: M. P. Gray, “The Habiru-Hebrew Problem,” HUCA 29 (1958): 135-202.
17. Exodus 21:2 sn The word חָפְשִׁי (khofshi) means “free.” It is possible that there is some connection between this word and a technical term used in other cultures for a social class of emancipated slaves who were freemen again (see I. Mendelsohn, “New Light on the Hupsu,” BASOR 139 [1955]: 9-11).
18. Exodus 21:2 tn The adverb חִנָּם (hinnam) means “gratis, free”; it is related to the verb “to be gracious, show favor” and the noun “grace.”
19. Exodus 21:3 tn The tense is imperfect, but in the conditional clause it clearly refers to action that is anterior to the action in the next clause. Heb “if he comes in single, he goes out single,” that is, “if he came in single, he will go out single.”
20. Exodus 21:3 tn Heb “with his back” meaning “alone.”
21. Exodus 21:3 tn The phrase says, “if he was the possessor of a wife”; the noun בַּעַל (baʿal) can mean “possessor” or “husband.” If there was a wife, she shared his fortunes or his servitude; if he entered with her, she would accompany him when he left.
22. Exodus 21:4 sn The slave would not have the right or the means to acquire a wife. Thus, the idea of the master’s “giving” him a wife is clear—the master would have to pay the bride price and make the provision. In this case, the wife and the children are actually the possession of the master unless the slave were to pay the bride price—but he is a slave because he got into debt. The law assumes that the master was better able to provide for this woman than the freed slave and that it was most important to keep the children with the mother.
23. Exodus 21:5 tn The imperfect with the infinitive absolute means that the declaration is unambiguous, that the servant will clearly affirm that he wants to stay with the master. Gesenius says that in a case like this the infinitive emphasizes the importance of the condition on which some consequence depends (GKC 342-43 §113.o).
24. Exodus 21:5 tn Or taken as a desiderative imperfect, it would say, “I do not want to go out free.”
25. Exodus 21:6 tn The word is הָאֱלֹהִים (haʾelohim). S. R. Driver (Exodus, 211) says the phrase means “to God,” namely the nearest sanctuary in order that the oath and the ritual might be made solemn, although he does say that it would be done by human judges. That the reference is to Yahweh God is the view also of F. C. Fensham, “New Light on Exodus 21:7 and 22:7 from the Laws of Eshnunna,” JBL 78 (1959): 160-61. Cf. also ASV, NAB, NASB, NCV, NRSV, NLT. Others have made a stronger case that it refers to judges who acted on behalf of God; see C. Gordon, “אלהים in its Reputed Meaning of Rulers, Judges,” JBL 54 (1935): 134-44; and A. E. Draffkorn, “Ilani/Elohim,” JBL 76 (1957): 216-24; cf. KJV, NIV.
26. Exodus 21:6 tn Or “till his life’s end” (as in the idiom: “serve him for good”).
27. Exodus 21:7 sn This paragraph is troubling to modern readers, but given the way that marriages were contracted and the way people lived in the ancient world, it was a good provision for people who might want to find a better life for their daughter. On the subject in general for this chapter, see W. M. Swartley, Slavery, Sabbath, War, and Women, 31-64.
28. Exodus 21:7 tn The word אָמָה (ʾamah) refers to a female servant who would eventually become a concubine or wife; the sale price included the amount for the service as well as the bride price (see B. Jacob, Exodus, 621). The arrangement recognized her honor as an Israelite woman, one who could be a wife, even though she entered the household in service. The marriage was not automatic, as the conditions show, but her treatment was safeguarded come what may. The law was a way, then, for a poor man to provide a better life for a daughter.
29. Exodus 21:8 tn Heb “and if unpleasant (רָעָה, raʿah) in the eyes of her master.”
30. Exodus 21:8 tn The verb יָעַד (yaʿad) does not mean “betroth, espouse” as some of the earlier translations had it, but “to designate.” When he bought the girl, he designated her for himself, giving her and her family certain expectations.
31. Exodus 21:8 tn The verb is a Hiphil perfect with vav (ו) consecutive from פָּדָה (padah, “to redeem”). Here in the apodosis the form is equivalent to an imperfect: “let someone redeem her”—perhaps her father if he can, or another. U. Cassuto says it can also mean she can redeem herself and dissolve the relationship (Exodus, 268).
32. Exodus 21:8 tn Heb “he has no authority/power,” for the verb means “rule, have dominion.”
33. Exodus 21:8 sn The deceit is in not making her his wife or concubine as the arrangement had stipulated.
34. Exodus 21:9 tn Or “after the manner of” (KJV, ASV); NRSV “shall deal with her as with a daughter.”
35. Exodus 21:10 tn “wife” has been supplied.
36. Exodus 21:10 tn The translation of “food” does not quite do justice to the Hebrew word. It is “flesh.” The issue here is that the family she was to marry into is wealthy, they ate meat. She was not just to be given the basic food the ordinary people ate, but the fine foods that this family ate.
37. Exodus 21:10 sn Traditional Rabbinic interpretation, affirmed in spirit by the Apostle Paul in 1 Cor 7:5, understands the term עֹנָה (ʿonah) to refer to rights to sexual relations within marriage. The term only occurs in this verse and its precise nuance is unclear. An alternate opinion is proposed by S. Paul, “Exodus 21:10, A Threefold Maintenance Clause,” JNES 28 (1969): 48-53. He suggests that the third element listed is not marital rights, but ointments, since Sumerian and Akkadian texts list food, clothing, and oil as the necessities of life. But none of the three are cognates to the words in the Hebrew list (a cognate term for “clothing” was not used) and the sequence is different than the Akkadian, so it is unlikely that it represents a shared standard legal formulation. The point is that the husband cannot play favorites and functionally demote his first wife.
38. Exodus 21:11 sn The lessons of slavery and service are designed to bring justice to existing customs in antiquity. The message is: Those in slavery for one reason or another should have the hope of freedom and the choice of service (vv. 2-6). For the rulings on the daughter, the message could be: Women, who were often at the mercy of their husbands or masters, must not be trapped in an unfortunate situation, but be treated well by their masters or husbands (vv. 7-11). God is preventing people who have power over others from abusing it.
39. Exodus 21:12 sn The underlying point of this section remains vital today: The people of God must treat all human life as sacred.
40. Exodus 21:12 tn The construction uses a Hiphil participle in construct with the noun for “man” (or person as is understood in a law for the nation): “the one striking [of] a man.” This is a casus pendens (independent nominative absolute); it indicates the condition or action that involves further consequence (GKC 361 §116.w).
41. Exodus 21:12 tn The Hebrew word וָמֵת (vamet) is a Qal perfect with vav consecutive; it means “and he dies” and not “and killed him” (which requires another stem). Gesenius notes that this form after a participle is the equivalent of a sentence representing a contingent action (GKC 333 §112.n). The word shows the result of the action in the opening participle. It is therefore a case of murder or manslaughter.
42. Exodus 21:12 sn See A. Phillips, “Another Look at Murder,” JJS 28 (1977): 105-26.
43. Exodus 21:13 tn Heb “if he does not lie in wait” (NASB similar).
44. Exodus 21:13 tn Heb “and God brought into his hand.” The death is unintended, its circumstances outside human control.
45. Exodus 21:14 tn The word עָרְמָה (ʿormah) is problematic. It could mean with prior intent, which would be connected with the word in Prov 8:5, 12 which means “understanding” (or “prudence”—fully aware of the way things are). It could be connected also to an Arabic word for “enemy” which would indicate this was done with malice or evil intentions (U. Cassuto, Exodus, 270). The use here seems parallel to the one in Josh 9:4, an instance involving intentionality and clever deception.
46. Exodus 21:15 sn This is the same construction that was used in v. 12, but here there is no mention of the parents’ death. This attack, then, does not lead to their death—if he killed one of them then v. 12 would be the law. S. R. Driver says that the severity of the penalty was in accord with the high view of parents (Exodus, 216).
47. Exodus 21:16 tn Heb “a stealer of a man,” thus “anyone stealing a man.”
48. Exodus 21:16 sn The implication is that it would be an Israelite citizen who was kidnapped and sold to a foreign tribe or country (like Joseph). There was always a market for slaves. The crime would be in forcibly taking the individual away from his home and religion and putting him into bondage or death.
49. Exodus 21:16 tn Literally “and he is found in his hand” (KJV and ASV both similar), being not yet sold.
50. Exodus 21:17 tn The form is a Piel participle from קָלַל (qalal), meaning in Qal “be light,” in Piel “treat lightly, curse, revile, declare contemptible, treat shamefully.” (See its use in Lev 19:14; Josh 24:9; Judg 9:26-28; 1 Sam 3:13; 17:43; 2 Sam 16:5-13; Prov 30:10-11; Eccl 7:21-22; 10:20.) It is opposite of “honor” (כָּבֵד, kaved; Qal “be heavy”; Piel “honor,” as in 20:12) and of “bless.” This verse then could refer to any act contrary to the commandment to honor the parents. B. Jacob (Exodus, 640) cites parallels in Sumerian where people were severely punished for publicly disowning their parents. “21:15, 17 taken together evoke the picture of parents who, physically and verbally, are forcibly turned out of the house (cf. Prov. 19:26)” (C. Houtman, Exodus, 3:148).
51. Exodus 21:18 tn Heb “falls to bed.”
52. Exodus 21:19 tn “and then” has been supplied.
53. Exodus 21:19 tn The verb is a Hitpael perfect with vav (ו) consecutive; it follows the sequence of the imperfect before it—“if he gets up and walks about.” This is proof of recovery.
54. Exodus 21:19 tn The imperfect tense carries a nuance of obligatory imperfect because this is binding on the one who hit him.
55. Exodus 21:19 tn Heb “his”; the referent (the injured person) has been specified in the translation for clarity.
56. Exodus 21:19 tn The word appears to be the infinitive from the verb “to sit” with a meaning of “his sitting down”; some suggest it is from the verb “to rest” with a meaning “cease.” In either case the point in the context must mean compensation is due for the time he was down.
57. Exodus 21:20 tn Heb “so that he”; the words “or she” have been supplied in the translation for stylistic reasons.
58. Exodus 21:20 tn Heb “under his hand.”
59. Exodus 21:20 tn Heb “will be avenged” (how is not specified).
60. Exodus 21:21 tn Heb “if he”; the referent (the servant struck and injured in the previous verse) has been specified in the translation for clarity.
61. Exodus 21:21 tn Heb “he”; the referent (the owner of the injured servant) has been supplied in the translation for clarity.
62. Exodus 21:21 tn This last clause is a free paraphrase of the Hebrew, “for he is his money” (so KJV, ASV); NASB “his property.” It seems that if the slave survives a couple of days, it is probable that the master was punishing him and not intending to kill him. If he then dies, there is no penalty other than that the owner loses the slave who is his property—he suffers the loss.
63. Exodus 21:22 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 (ʾason) 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.
64. Exodus 21:22 tn Heb “he will surely.”
65. Exodus 21:22 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.
66. Exodus 21:25 sn The text now introduces the Lex Talionis with cases that were not likely to have applied to the situation of the pregnant woman. See K. Luke, “Eye for Eye, Tooth for Tooth,” Indian Theological Studies 16 (1979): 326-43.
67. Exodus 21:26 tn The form וְשִׁחֲתָהּ (v^eshikhatah) is the Piel perfect with the vav (ל) consecutive, rendered “and destroys it.” The verb is a strong one, meaning “to ruin, completely destroy.”
68. Exodus 21:26 tn Heb “him”; the referent (the male or female servant) has been specified in the translation for clarity.
69. Exodus 21:26 sn Interestingly, the verb used here for “let him go” is the same verb throughout the first part of the book for “release” of the Israelites from slavery. Here, an Israelite will have to release the injured slave.
70. Exodus 21:27 tn Heb “him”; the referent (the male or female servant) has been specified in the translation for clarity.
71. Exodus 21:28 sn The point that this section of the laws makes is that one must ensure the safety of others by controlling the circumstances.
72. Exodus 21:28 tn Traditionally “ox,” but “bull” would also be suitable. The term may refer to one of any variety of large cattle.
73. Exodus 21:28 tn Heb “and he dies”; KJV “that they die”; NAB, NASB “to death.”
74. Exodus 21:28 tn The text uses סָקוֹל יִסָּקֵל (saqol yissaqel), a Qal infinitive absolute with a Niphal imperfect. The infinitive intensifies the imperfect, which here has an obligatory nuance or is a future of instruction.
75. Exodus 21:29 tn The Hophal perfect has the idea of “attested, testified against.”
76. Exodus 21:29 tn Heb “he was not keeping it” or perhaps guarding or watching it (referring to the ox).
77. Exodus 21:30 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.
78. Exodus 21:31 tn Heb “it”; the referent (the ox) has been specified in the translation for clarity.
79. Exodus 21:31 tn Heb “he”; the referent (the owner) has been specified in the translation for clarity.
80. Exodus 21:31 tn Heb “according to this judgment it shall be done to him.”
81. Exodus 21:32 tn Heb “he”; the referent (the owner) has been specified in the translation for clarity.
82. Exodus 21:32 sn A shekel was a unit for measure by means of a scale. Both the weight and the value of a shekel of silver are hard to determine. “Though there is no certainty, the shekel is said to weigh about 11,5 grams” (C. Houtman, Exodus, 3:181). Over 400 years earlier, Joseph was sold into Egypt for 20 shekels. The free Israelite citizen was worth about 50 shekels (Lev 27:3f.).
83. Exodus 21:32 sn See further B. S. Jackson, “The Goring Ox Again [Ex. 21, 28-36],” JJP 18 (1974): 55-94.
84. Exodus 21:34 tn The verb is a Piel imperfect from שָׁלַם (shalam); it has the idea of making payment in full, making recompense, repaying. These imperfects could be given a future tense translation as imperfects of instruction, but in the property cases an obligatory imperfect fits better—this is what he is bound or obliged to do—what he must do.
85. Exodus 21:34 tn Heb “silver.”
86. Exodus 21:34 tn Here the term “animal” has been supplied.
87. Exodus 21:35 tn Literally “its silver” or “silver for it.”
88. Exodus 21:35 tn Heb “divide the dead.” The noun “ox” has been supplied.
89. Exodus 21:36 tn The construction now uses the same Piel imperfect (v. 34) but adds the infinitive absolute to it for emphasis.
90. Exodus 21:36 sn The point of this section (21:28-36) seems to be that one must ensure the safety of others by controlling one’s property and possessions. This section pertained to neglect with animals, but the message would have applied to similar situations. The people of God were to take heed to ensure the well-being of others, and if there was a problem, it had to be made right.
91. Exodus 22:1 sn The next section of laws concerns property rights. These laws protected property from thieves and oppressors, but also set limits to retribution. The message could be: God’s laws demand that the guilty make restitution for their crimes against property and that the innocent be exonerated.
92. Exodus 22:1 sn Beginning with 22:1, the verse numbers through 22:31 in the English Bible differ from the verse numbers in the Hebrew text (BHS), with 22:1 ET = 21:37 HT, 22:2 ET = 22:1 HT, etc., through 22:31 ET = 22:30 HT. Thus in the English Bible ch. 22 has 31 verses, while in the Hebrew Bible it has 30 verses, with the one extra verse attached to ch. 21 in the Hebrew Bible.
93. Exodus 22:1 tn The imperfect tense here has the nuance of obligatory imperfect—he must pay back.
94. Exodus 22:1 tn בָּקַר (baqar) and צֹאן (tsoʾn) are the categories to which the ox and the sheep belonged, so that the criminal had some latitude in paying back animals.
95. Exodus 22:2 tn Heb “found” (so KJV, ASV, NRSV).
96. Exodus 22:2 tn The word בַּמַּחְתֶּרֶת (bammakhteret) means “digging through” the walls of a house (usually made of mud bricks). The verb is used only a few times and has the meaning of dig in (as into houses) or row hard (as in Jonah 1:13).
97. Exodus 22:2 tn The text has “there is not to him bloods.” When the word “blood” is put in the plural, it refers to bloodshed, or the price of blood that is shed, i.e., blood guiltiness.sn This law focuses on what is reasonable defense against burglary. If someone killed a thief who was breaking in during the night, he was not charged because he would not have known it was just a thief, but if it happened during the day, he was guilty of a crime, on the assumption that in daylight the thief posed no threat to the homeowner’s life and could be stopped and made to pay restitution.
98. Exodus 22:3 tn The words “a thief” have been added for clarification. S. R. Driver (Exodus, 224) thinks that these lines are out of order, since some of them deal with killing the thief and then others with the thief making restitution, but rearranging the clauses is not a necessary way to bring clarity to the paragraph. The idea here would be that any thief caught alive would pay restitution.
99. Exodus 22:4 tn The construction uses a Niphal infinitive absolute and a Niphal imperfect: if it should indeed be found. Gesenius says that in such conditional clauses the infinitive absolute has less emphasis, but instead emphasizes the condition on which some consequence depends (see GKC 342-43 §113.o).
100. Exodus 22:4 tn Heb “in his hand.”
101. Exodus 22:4 sn He must pay back one for what he took, and then one for the penalty—his loss as he was inflicting a loss on someone else.
102. Exodus 22:5 tn The verb בָּעַר (baʿar, “graze”) as a denominative from the word “livestock” is not well attested. So some have suggested that with slight changes this verse could be read: “If a man cause a field or a vineyard to be burnt, and let the burning spread, and it burnt in another man’s field” (see S. R. Driver, Exodus, 225).
103. Exodus 22:5 tn The phrase “his livestock” is supplied from the next clause.
104. Exodus 22:6 tn Heb “if a fire goes out and finds”; NLT “if a fire gets out of control.”
105. Exodus 22:6 sn Thorn bushes were used for hedges between fields, but thorn bushes also burned easily, making the fire spread rapidly.
106. Exodus 22:6 tn This is a Hiphil participle of the verb “to burn, kindle” used substantivally. This is the one who caused the fire, whether by accident or not.
107. Exodus 22:7 tn The word usually means “vessels” but can have the sense of household goods and articles. It could be anything from jewels and ornaments to weapons or pottery.
108. Exodus 22:7 tn Heb “to keep.” Here “safekeeping,” that is, to keep something secure on behalf of a third party, is intended.
109. Exodus 22:7 tn Heb “found.”
110. Exodus 22:8 tn Heb “found.”
111. Exodus 22:8 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.
112. Exodus 22:8 tn The phrase “to see” has been supplied.
113. Exodus 22:8 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.
114. Exodus 22:9 tn Heb “concerning every kind [thing] of trespass.”
115. Exodus 22:9 tn The text simply has “this is it” (הוּא זֶה, huʾ zeh).
116. Exodus 22:9 tn Again, or “God.”
117. Exodus 22:9 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).
118. Exodus 22:9 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.
119. Exodus 22:10 tn The form is a Niphal participle of שָׁבַר (shavar, “to break”) which means injured, maimed, harmed, or crippled.
120. Exodus 22:10 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.
121. Exodus 22:10 tn Heb “there is no one seeing.”
122. Exodus 22:11 tn The construct relationship שְׁבֻעַת יְהוָה (sh^evuʿat y^ehvah, “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.
123. Exodus 22:12 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).
124. Exodus 22:12 sn The point is that the man should have taken better care of the animal.
125. Exodus 22:13 tn The word עֵד (ʿed) actually means “witness,” but the dead animal that is returned is a silent witness, i.e., evidence. The word is an adverbial accusative.
126. Exodus 22:14 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.
127. Exodus 22:14 tn Heb “he”; the referent (the man who borrowed the animal) has been specified in the translation for clarity.
128. Exodus 22:15 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.
129. Exodus 22:16 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).
130. Exodus 22:16 tn This is the word בְּתוּלָה (b^etulah); 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.
131. Exodus 22:16 tn Or “pledged” for marriage.
132. Exodus 22:16 tn Heb “lied down with.” The verb שָׁכַב (shakav) “to lie down” can imply going to bed to sleep or be a euphemism for sexual relations.
133. Exodus 22:16 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.
134. Exodus 22:18 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.
135. Exodus 22:19 tn Heb “lies down with.” The verb שָׁכַב (shakhav) “to lie down” can imply going to bed to sleep or be a euphemism for sexual relations.
136. Exodus 22:20 tn Heb “not to Yahweh.”
137. Exodus 22:20 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.
138. Exodus 22:21 tn Or “oppress.”
139. Exodus 22:21 tn Or “alien,” both here and in 23:9. On the Hebrew גֵּר (ger) “resident foreigner” see notes at Exod 12:19 and Deut 29:11.sn In Mosaic Law the foreign resident, גֵּר (ger), was essentially a naturalized citizen and convert to worshiping the God of Israel (see 12:19, 48; Deut 29:10-13). Besides not oppressing the ger, Israel was told to love the ger (Lev 19:33-34). Several passages emphasize equal standing under Mosaic Law (Exod 12:49; 20:10; Lev 24:22; Num 9:14; 15:15, 16, 29). This equality is significant against the background of the ancient near east. The Code of Hammurapi, for example, distinguished different applications of law depending on social status.
140. Exodus 22:22 tn The verb “afflict” is a Piel imperfect from עָנָה (ʿanah); 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).
141. Exodus 22:23 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).
142. Exodus 22:23 tn Here again and with “cry” the infinitive absolute functions with a diminished emphasis (GKC 342-43 §113.o).
143. Exodus 22:23 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.”
144. Exodus 22:24 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.
145. Exodus 22:25 tn “any of” has been supplied.
146. Exodus 22:25 sn The moneylender will be demanding and exacting. In Ps 109:11 and 2 Kgs 4:1 the word is rendered as “extortioner.”
147. Exodus 22:25 tn Heb “set.”
148. Exodus 22:25 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).
149. Exodus 22:26 tn The construction again uses the infinitive absolute with the verb in the conditional clause to stress the condition.
150. Exodus 22:26 tn The clause uses the preposition, the infinitive construct, and the noun that is the subjective genitive—“at the going in of the sun.”
151. Exodus 22:27 tn Heb “his skin.”
152. Exodus 22:27 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.
153. Exodus 22:27 tn Heb “and it will be.”
154. Exodus 22:28 tn The two verbs in this verse are synonyms: קָלַל (qalal) means “to treat lightly, curse,” and אָרַר (ʾarar) means “to curse.”
155. Exodus 22:28 tn The word אֱלֹהִים (ʾelohim) 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).
156. Exodus 22:29 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.
157. Exodus 22:31 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.
158. Exodus 22:31 tn Or “by wild animals.”
159. Exodus 23:1 sn People who claim to worship and serve the righteous judge of the universe must preserve equity and justice in their dealings with others. These verses teach that God’s people must be honest witnesses (1-3); God’s people must be righteous even with enemies (4-5); and God’s people must be fair in dispensing justice (6-9).
160. Exodus 23:1 tn Heb “take up, lift, carry” (נָשָׂא, nasaʾ). This verb was also used in the prohibition against taking “the name of Yahweh in vain.” Sometimes the object of this verb is physical, as in Jonah 1:12 and 15. Used in this prohibition involving speech, it covers both originating and repeating a lie.
161. Exodus 23:1 tn Or “a groundless report” (see Exod 20:7 for the word שָׁוְא, shavʾ).
162. Exodus 23:1 tn Heb “do not put your hand” (cf. KJV, ASV); NASB “join your hand.”
163. Exodus 23:1 tn The word “wicked” (רָשָׁע, rashaʿ) refers to the guilty criminal, the person who is doing something wrong. In the religious setting it describes the person who is not a member of the covenant and may be involved in all kinds of sin, even though there is the appearance of moral and spiritual stability.
164. Exodus 23:1 tn The word חָמָס (khamas) often means “violence” in the sense of social injustices done to other people, usually the poor and needy. A “malicious” witness would do great harm to others. See J. W. McKay, “Exodus 23:1-3, 6-8: A Decalogue for Administration of Justice in the City Gate,” VT 21 (1971): 311-25.
165. Exodus 23:2 tn The word רָבִּים (rabbim), here rendered “crowd,” is also used infrequently to refer to the “mighty,” people of importance in society (Job 35:9; cf. Lev 19:15).
166. Exodus 23:2 tn For any individual to join a group that is bent on acting wickedly would be a violation of the Law and would incur personal responsibility.
167. Exodus 23:2 tn Heb “you will not answer in a lawsuit to turn after the crowd to turn.” The form translated “agrees with” (Heb “to turn after”) is a Qal infinitive construct from נָטָה (natah); the same root is used at the end of the verse but as a Hiphil infinitive construct, “to pervert [justice].”
168. Exodus 23:3 tn The point here is one of false sympathy and honor, the bad sense of the word הָדַר (hadar; see S. R. Driver, Exodus, 237).
169. Exodus 23:4 tn Heb “meet” (so KJV, ASV, NASB).
170. Exodus 23:4 tn The construction uses the imperfect tense (taken here as an obligatory imperfect) and the infinitive absolute for emphasis.
171. Exodus 23:5 tn The line reads “you will cease to forsake him”—refrain from leaving your enemy without help.
172. Exodus 23:5 tn The law is emphatic here as well, using the infinitive absolute and the imperfect of instruction (or possibly obligation). There is also a wordplay here: two words עָזַב (ʿazav) are used, one meaning “forsake” and the other possibly meaning “arrange” based on Arabic and Ugaritic evidence (see U. Cassuto, Exodus, 297-98).
173. Exodus 23:5 sn See H. B. Huffmon, “Exodus 23:4-5: A Comparative Study,” A Light Unto My Path, 271-78.
174. Exodus 23:7 tn Or “stay away from,” or “have nothing to do with.”
175. Exodus 23:7 tn Heb “a false matter,” this expression in this context would have to be a case in law that was false or that could only be won by falsehood.
176. Exodus 23:7 tn The two clauses probably should be related: the getting involved in the false charge could lead to the death of an innocent person (so, e.g., Naboth in 1 Kgs 21:10-13).
177. Exodus 23:7 sn God will not declare right the one who is in the wrong. Society should also be consistent, but it cannot see the intents and motives, as God can.
178. Exodus 23:8 tn Heb “blinds the open-eyed.”
179. Exodus 23:9 tn The verb means “to crush.” S. R. Driver notes that in this context this would probably mean with an unfair judgment in the courts (Exodus, 239).sn In Mosaic Law the foreign resident, גֵּר (ger), was essentially a naturalized citizen who joined the covenant community (see Exod 12:19, 48; Deut 29:10-13). Besides not oppressing the ger (Exod 22:21), Israel was told to love the ger (Lev 19:33-34). Several passages emphasize equal standing under Mosaic Law (Exod 12:49; 20:10; Lev 24:22; Num 9:14; 15:15, 16, 29).
180. Exodus 23:9 tn Heb “soul, life, feelings.” The term נֶפֶשׁ (nefesh) refers here to the soul “as the centre and transmitter of feelings and perceptions” (HALOT 713 s.v.). The Israelites should be motivated by knowing what it feels like to be oppressed.
181. Exodus 23:9 sn The same term גֵּר (ger) is used for the resident foreigner living in Israel and of the Israelite who lived in Israel, despite the very different social conditions of each. A foreign resident has differing status in different countries. The Israelites were slaves in Egypt, but the resident foreigner in Israel was under the same laws (civil and religious) as the Israelite and could worship the Lord as part of the covenant community. Several passages emphasize equal standing under Mosaic Law (Exod 12:49; Lev 24:22; Num 9:14; 15:15, 16, 26, 29; 19:10; 35:15; Deut 1:16 or similar obligations Exod 20:10; 23:12; Lev 16:29; 17:10, 12, 13; 18:26; 24:16; Num 15:14.
182. Exodus 23:10 sn This section concerns religious duties of the people of God as they worship by giving thanks to God for their blessings. The principles here are: God requires his people to allow the poor to share in their bounty (10-11); God requires his people to provide times of rest and refreshment for those who labor for them (12); God requires allegiance to himself (13); God requires his people to come before him in gratitude and share their bounty (14-17); God requires that his people safeguard proper worship forms (18-19).
183. Exodus 23:10 tn Heb “and six years”; this is an adverbial accusative telling how long they can work their land. The following references to years and days in vv. 10-12 function similarly.
184. Exodus 23:11 tn Heb “and the seventh year”; an adverbial accusative with a disjunctive vav (ו).
185. Exodus 23:11 tn Heb “living thing/creature/beast of the field.” A general term for animals, usually wild animals, including predators (cf. v. 29; Gen 2:19-20; Lev 26:22; Deut 7:22; 1 Sam 17:46; Job 5:22-23; Ezek 29:5; 34:5).
186. Exodus 23:12 tn Or “alien.” Several passages emphasize equal standing under Mosaic Law (Exod 12:49; 20:10; Lev 24:22; Num 9:14; 15:15, 16, 29) for the resident foreigner (גֵּר; ger) and the native born Israelite. The foreigners (גֵּר; ger, but not other types of non-Israelites) in Mosaic Law have joined the covenant (Deut 29:10-13) and worship the Lord. Israel was not to make these foreigners do the work which they themselves were not permitted to do on the Sabbath.
187. Exodus 23:12 tn The verb is וְיִנָּפֵשׁ (v^eyinnafesh); it is related to the word usually translated “soul” or “life.”
188. Exodus 23:13 tn The phrase “to do” is added; in Hebrew word order the line says, “In all that I have said to you you will watch yourselves.” The verb for paying attention is a Niphal imperfect with an imperatival force.
189. Exodus 23:13 tn Or “honor,” Hiphil of זָכַר (zakhar). See also Exod 20:25; Josh 23:7; Isa 26:13.
190. Exodus 23:13 tn Heb “mouth.”sn See also Ps 16:4, where David affirms his loyalty to God with this expression.
191. Exodus 23:14 tn Heb “three feet” or “three foot-beats.” This adverbial accusative expression also occurs in Num 22:28, 32, 33.
192. Exodus 23:14 tn This is the word תָּחֹג (takhog) from the root חָגַג (khagag); it describes a feast that was accompanied by a pilgrimage. It was first used by Moses in his appeal that Israel go three days into the desert to hold such a feast.
193. Exodus 23:15 tn This is an adverbial accusative of time.
194. Exodus 23:15 tn Heb “in it.”
195. Exodus 23:15 tn The verb is a Niphal imperfect; the nuance of permission works well here—no one is permitted to appear before God empty (Heb “and they will not appear before me empty”).
196. Exodus 23:16 tn The words “you are also to observe” are not in the Hebrew text, but are supplied in the translation for stylistic reasons.
197. Exodus 23:16 tn An infinitive construct with a preposition and a pronominal suffix is used to make a temporal clause: “in the going in of the year.” The word “year” is the subjective genitive, the subject of the clause.
198. Exodus 23:16 tn An infinitive construct with a preposition and a pronominal suffix is used to make a temporal clause: “in the ingathering of you.”
199. Exodus 23:16 tn Heb “gathered in your labors.” This is a metonymy of cause put for the effect. “Labors” are not gathered in, but what the labors produced—the harvest.
200. Exodus 23:17 tn Adverbial accusative of time: “three times” becomes “at three times.”
201. Exodus 23:17 tn Here the divine Name reads in Hebrew הָאָדֹן יְהוָה (haʾadon y^ehvah), which if rendered according to the traditional scheme of “Lord” for “Yahweh” would result in “Lord Lord.” A number of English versions therefore render this phrase “Lord God.”
202. Exodus 23:18 tn The verb is תִּזְבַּח (tizbakh), an imperfect tense from the same root as the genitive that qualifies the accusative “blood”: “you will not sacrifice the blood of my sacrifice.” The verb means “to slaughter”; since one cannot slaughter blood, a more general translation is required here. But if the genitive is explained as “my blood-sacrifice” (a genitive of specification; like “the evil of your doings” in Isa 1:16), then a translation of sacrifice would work (U. Cassuto, Exodus, 304).
203. Exodus 23:18 sn See N. Snaith, “Exodus 23:18 and 34:25, ” JTS 20 (1969): 533-34; see also M. Haran, “The Passover Sacrifice,” Studies in the Religion of Ancient Israel (VTSup), 86-116.
204. Exodus 23:19 sn On this verse, see C. M. Carmichael, “On Separating Life and Death: An Explanation of Some Biblical Laws,” HTR 69 (1976): 1-7; J. Milgrom, “You Shall Not Boil a Kid in Its Mother’s Milk,” BRev 1 (1985): 48-55; R. J. Ratner and B. Zuckerman, “In Rereading the ‘Kid in Milk’ Inscriptions,” BRev 1 (1985): 56-58; and M. Haran, “Seething a Kid in Its Mother’s Milk,” JJS 30 (1979): 23-35. Here and at 34:26, where this command is repeated, it ends a series of instructions about procedures for worship.
205. Exodus 23:20 sn This passage has some of the most interesting and perplexing expressions and constructions in the book. It is largely promise, but it is part of the Law and so demands compliance by faith. Its points are: God promises to send his angel to prepare the way before his obedient servants (20-23); God promises blessing for his loyal servants (24-33). So in the section one learns that God promises his protection (victory) and blessing (through his angel) for his obedient and loyal worshipers.
206. Exodus 23:20 tn The particle הִנֵּה (hinneh) with the active participle indicates imminent future, something God is about to do.
207. Exodus 23:20 sn The word is מַלְאָךְ (malʾakh, “messenger, angel”). This angel is to be treated with the same fear and respect as Yahweh, for Yahweh will be speaking in him. U. Cassuto (Exodus, 305-6) says that the words of the first clause do not imply a being distinct from God, for in the ancient world the line of demarcation between the sender and the sent is liable easily to be blurred. He then shows how the “Angel of Yahweh” in Genesis is Yahweh. He concludes that the words here mean “I will guide you.” Christian commentators tend to identify the Angel of Yahweh as the second person of the Trinity (W. C. Kaiser, Jr., “Exodus,” EBC 2:446). However, in addition to being a preincarnate appearance, the word could refer to Yahweh—some manifestation of Yahweh himself.
208. Exodus 23:20 tn Heb “protect you in the way.”
209. Exodus 23:20 tn The form is the Hiphil perfect of the verb כּוּן (kun, “to establish, prepare”).
210. Exodus 23:21 sn This means “the manifestation of my being” is in him (S. R. Driver, Exodus, 247). Driver quotes McNeile as saying, “The ‘angel’ is Jehovah Himself ‘in a temporary descent to visibility for a special purpose.’” Others take the “name” to represent Yahweh’s “power” (NCV) or “authority” (NAB, CEV).
211. Exodus 23:22 tn The infinitive absolute here does not add as great an emphasis as normal, but emphasizes the condition that is being set forth (see GKC 342-43 §113.o).
212. Exodus 23:23 tn Heb “will cut them off” (so KJV, ASV).
213. Exodus 23:24 tn The Hebrew is מַצֵּבֹתֵיהֶם (matsevotehem, “their standing stones”); these long stones were erected to represent the abode of the numen or deity. They were usually set up near the altar or the high place. To destroy these would be to destroy the centers of Canaanite worship in the land.
214. Exodus 23:24 tn Both verbs are joined with their infinitive absolutes to provide the strongest sense to these instructions. The images of the false gods in Canaan were to be completely and utterly destroyed. This could not be said any more strongly.
215. Exodus 23:25 tn The perfect tense, masculine plural, with vav (ו) consecutive is in sequence with the preceding: do not bow down to them, but serve Yahweh. It is then the equivalent of an imperfect of instruction or injunction.
216. Exodus 23:25 tn The LXX reads “and I will bless” to make the verb conform with the speaker, Yahweh.
217. Exodus 23:25 sn On this unusual clause B. Jacob says that it is the reversal of the curse in Genesis, because the “bread and water” represent the field work and ground suitability for abundant blessing of provisions (Exodus, 734).
218. Exodus 23:26 tn Or “abort”; Heb “cast.”
219. Exodus 23:26 sn No one will die prematurely; this applies to the individual or the nation. The plan of God to bless was extensive, if only the people would obey.
220. Exodus 23:27 tn The word for “terror” is אֵימָתִי (ʾemati); the word has the thought of “panic” or “dread.” God would make the nations panic as they heard of the exploits and knew the Israelites were drawing near. U. Cassuto thinks the reference to “hornets” in v. 28 may be a reference to this fear, an unreasoning dread, rather than to another insect invasion (Exodus, 308). Others suggest it is symbolic of an invading army or a country like Egypt or literal insects (see E. Neufeld, “Insects as Warfare Agents in the Ancient Near East,” Or 49 [1980]: 30-57).
221. Exodus 23:27 tn Heb “discomfit” or “bring into confusion.”
222. Exodus 23:27 tn The text has “and I will give all your enemies to you [as] a back.” The verb of making takes two accusatives, the second being the adverbial accusative of product (see GKC 371-72 §117.ii, n. 1).
223. Exodus 23:28 tn Heb “and I will send.”
224. Exodus 23:29 tn Heb “the beast of the field.”
225. Exodus 23:30 tn The repetition expresses an exceptional or super-fine quality (see GKC 396 §123.e).
226. Exodus 23:31 tn The form is a perfect tense with vav consecutive.
227. Exodus 23:31 tn In the Hebrew Bible “the River” usually refers to the Euphrates (cf. NASB, NCV, NRSV, TEV, CEV, NLT). There is some thought that it refers to a river Nahr el Kebir between Lebanon and Syria. See further W. C. Kaiser, Jr., “Exodus,” EBC 2:447; and G. W. Buchanan, The Consequences of the Covenant (NovTSup), 91-100.
228. Exodus 23:33 tn The idea of the “snare” is to lure them to judgment; God is apparently warning about contact with the Canaanites, either in worship or in business. They were very syncretistic, and so it would be dangerous to settle among them.