A commentary on the five books of Moses with a dissertation concerning the author or writer of the said books, and a general argument of each of them / by Richard, Lord Bishop of Bath and Wells ; in two volumes.

CHAP. XXI.

The ARGUMENT.

Laws concerning Hebrew Servants, both Men and Wo∣men. Of Man-slaughter and of Murder. Of those who smite their Parents. Of Men-stealers, and them that curse their Parents. Of Smiters. Of the Ox that goreth. Of damage by leaving a Pit open, or by an Ox.

1. NOW these are the judg∣ments which thou shalt set before them.

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

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

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

5. And if the servant shall plain∣ly say, I love my master, my wife, and my children, I will not go out free:

6. Then 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 awl; and he shall serve him for ever.

7. And if a man sell his daugh∣ter to be a maid-servant, she shall not go out as the men-servants do.

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

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

10. If he take him another wife; her food, her raiment, and her du∣ty of marriage shall he not dimi∣nish.

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

12. He that smiteth a man, so that he die, shall be surely put to death.

13. And if a man he not in wait, but God deliver him into his hand; then I will appoint thee a place whither he shall flee.

14. But if a man come pre∣sumptuously upon his neighbour to slay him with guile; thou shalt take him from mine altar, that he may die.

15. And he that smiteth his father, or his mother, shall be surely put to death.

16. And he that stealeth a man, and selleth him, or if he be found in his hand, he shall surely be put to death.

17. And he that curseth his fa∣ther, or his mother, shall surely be put to death.

18. And if men strive together, and one smite another with a stone, or with his fist, and he die not, but keepeth his bed:

19. If he rise again, and walk abroad upon his staff, then shall he that smote him, be quit: onely he shall pay for the loss of his time, and shall cause him to be throughly healed.

20. And if a man smite his ser∣vant, or his maid with a rod, and he die under his hand; he shall be surely punished.

21. Notwithstanding, if he continue a day or two, he shall not be punished: for he is his mo∣ney.

22. If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mis∣chief follow: he shall be surely pu∣nished, according as the woman's husband will lay upon him; and he shall pay as the judges determine.

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

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

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

26. And if a man smite the eye of his servant, or the eye of his maid, that it perish; he shall let him go free for his eye's sake.

27. And if he smite out his man-servant's tooth, or his maid servant's tooth; he shall let him go free for his tooth's sake.

28. If 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.

29. But 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.

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

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

32. If the ox shall push a man-servant, or a maid-servant; he shall give unto their master thirty shekels of silver, and the ox shall be stoned.

33. And 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;

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

35. And 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.

36. Or 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.

1. JƲdgments: i. e. The Judicial Laws.

2. If thou buy: Levit. 25.39. Deut. 15.12. Jer. 34.14. The poor Man sold himself, the Thief was sold by the Magistrate, (Exod. 22.3.) Six years: Except the year of Jubilee set him free sooner, Levit. 25.40.

3. By himself: Heb. With his body; i. e. Single, or unmarried, as appears from the words which follow: If he were married, &c.

4. A Wife: Name∣ly of the Heathen Bond-women or Slaves; It not being permitted to deal thus with an Hebrew Woman, v. 7, 8. and Levit. 25.44. This, by the Jews, is understood of those Servants which were sold by the Ma∣gistrate, and not of him who through poverty sold himself. [Maimon. H. Avad. c. 3.]

5. Shall plainly say: Heb. Saying shall say: i. e. He shall say it once and again; or, constantly, as the Tigurin Version renders it.

6. Ʋnto the Judges: i. e. To the Magi∣strates who sold him for a Servant, and were therefore con∣cerned in him. See the Notes on v. 4. To the door: i. e. Of his own House; to which, for the future, the Servant was as it were fixed and determined. Bore his ear: And by this means mark him for a Servant, according to the use of that Country, vid. Psal. 40.6. Heb. 10.5, 7. For ever: i. e. During his Master's life, unless it happen that the year of Jubilee set him free in the mean time, Levit. 25.40, 46. [Vid. Joseph. Antiq. l. 4. c. 8.]

7. If a man sell his daughter: To the Father this apper∣tained in case of ex∣treme poverty. She shall not go out as, &c. Not that she should have less, but more privileges than Men-servants could claim.

8. If she please not: Heb. Be evil in the eyes of, &c. To a strange nation: i. e. To any other Israe∣lite who is not of her Family and Kindred, to whom the care and right of redeeming her did belong. The Chaldee ren∣ders it to another Man. Dealt deceitfully: Or, failed in what might justly be expected from him.

9. After the man∣ner of daughters: Of the daughters of Is∣rael, says the Chaldee; He shall deal with her as a Free-woman; Give her a Dow∣ry, and bestow her in Marriage as if she had been his own daughter, Exod. 22.16, 17.

10. Her duty of Marriage: 1 Cor. 7.3.

11. Without mo∣ney: i. e. Without paying for her free∣dom, in which her condition was better than that of Men-servants, v. 7.

12. Smiteth: Viz. Wilfully. See v. 13, 14. Levit. 24.17.

13. God deliver him: How this is to be understood, we may learn from Deut. 19.5. Will appoint: Deut. 19.3.

14. From mine Al∣tar: Which shall not protect a wilfull Mur∣derer, 1 King. 2.28.

16. A man: An Israelite. See the Greek and the Chal∣dee, and Deut. 24.7.

17. And he: Le∣vit. 20.9. Prov. 20.20. Matt. 15.4. Mark 7.10. Curseth: Or, revileth.

18. Another: Or, his neighbour.

19. Be quit: i. e. He shall not be pu∣nished with Death. The loss of his time: Heb. His ceasing.

20. Punish•••• Heb. Avenged.

21. For he is his money: And there∣fore it is presumed that he would not willingly kill him. This is to be understood of a Bond-man, not of an Hebrew, Levit. 25.39, 46.

22. Mischief: Or, Death to the Wo∣man or Child. [Vid. LXXII. and Ph. Jud.]

24. Eye for eye: Not in kind, but by a mulct proportioned to the damage received. The Offender might in these ca∣ses (though not in Murder, Numb. 35.31.) make a pecu∣niary satisfaction. See v. 30. Vid. Levit. 24.20. Deut. 19.21. Matt. 5.38.

26. His Servant: i. e. His Bond-man.

28. The Ox shall be, &c. Gen. 9.5.

29. Put to death: Or, pay his ransom to the Heirs of him that was killed, See v. 30.

32. Thirty shekels: See the Notes on Gen. 20.16. Matt. 26.16.

33. Or an Ass: Or any other Beast, the Ass being put for an instance. See the Notes on ch. 13.13.

34. The Owner, &c. Who was concerned to look to it.

36. Known: i. e. Made known to the Owner. See v. 29.