Annotations on the Pentateuch, Psalms, Song of Songs, Biblical commentary 2 · Chapter 21
CHAP. XXI.
2. Iudiciall lewes for men servants. 5, For the servant whose eare is bored. 7, For women servants. 1…, For man…ter. 16, For stealers of men. 17, For cursers of parents. 18, For smiters. 22, For hurting a wom…n: with child. 26, For mai…ing a servant. 28, For an oxe that goreth. 33, For him that is an occasion of harme.
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AND these are the Iudgments which thou shalt set before them. When thou shalt buy an Hebrew servant, six y… hee shall serve, and in the seventh hee shall goe out free for nothing. If hee came in with his body, hee shall goe out with his body: if hee were the husband of a wife, then his wife shall goe out with him. If his master have given him a wife, and shee have borne him sonnes or daughters, the wife and her children shall bee her masters, and he shall goe out with his body. And if the servant saying shall say, I love my master, my wife, and my sonnes: I will not go out free. Then his master shall bring him unto the gods; hee shall also bring him unto the doore, or unto the doore post: and his master shall bore his eare through with an aule; and hee shall serve him for ever. And when a man shall sel his daughter for a maid servant, she shall not goe out, as the servants goe out. If she be evill in the eyes of her master, that *or hath betrothed her to himselfe.he doe not betroth het, then shall he let her be redeemed: to a strange people hee shall not have power to sell her, for that h… hath unfaithfully transgressed against he… And if he shal betroth her to his son, he shal… doe unto her after the rightfull manner of daughters. If he take him another wife, her food, her raiment & her mariage dutie, shall he not wth draw. And if he do not these three unto her, then shall shee goe out freely without money. He that smiteth a man & he die, shall be put to die the death. And if he hat… not lien in wait, but God hath occasionally delivered him into his hand; then I will appoint thee a place whither he shal flee. And when a man shall come presumptuously upon his neighbour, to slay him with guile; from my altar shalt thou take him to die. And hee that smiteth his father or his mother, shall be put to die the death. And he… that stealeth a man, and selleth him, or he be found in his hand, shall bee put to die the death. And hee that curseth his father or his mother, shall be put to dye the death. And when men contend, and a man smite his neighbour, with stone, or with fist, and hee die not, but falleth on bed; If he rise againe, and walke abroad upon his staffe, then the smiter shal be innocent, onelyonly hee shall give his sitting still, and healing he shal heale him. And when a man smite his man-servant, or his woman servant, with a rod, and hee dye under his hand, avenging hee shall bee avenged. But if he continue a day, or two dayes, he shall not be avenged, for he is his money. And when men striue and strike a woman with childe, and her births depart from her, and there be no mischiefe; punishing he shal be punished, according as the womans husband will lay upon him; and he shall give by t… judges. And if mischiefe be, then shalt thou give soule for soule. Eie for eye; tooth for tooth; hand for hand; foot for foot. Burning for burning; wound for wound; stripe for stripe. And when a man shall smite the eye of his man-servant, or the eye of his woman-servant, and corrupt it; he shall send him away free for his eye. And if hee shall smite out the tooth of his man-servant, or the tooth of his woman-servant; hee shall send him away free for his tooth. And when an oxe shall push a man or a woman that he die; the oxe shall be stoned with stones, and his flesh shall not be eaten; and the owner of the oxe shall be innocent. And if the oxe were a pusher in times past, and it hath beene testified to his owner, and hee hath not kept him in, but that he hath killed a man or a woman; the oxe shall bee stoned, and his owner also shall be killed. If a ransome be laid upon him, then he shall give the redemption of his soule, according to all which shall be laid upon him. Whether hee have pushed a sonne, or pushed a daughter, according to this judgment shall it be done unto him. If the oxe have pushed a man-servant, or a woman-servant, he shall give unto his master thirtie shekels of silver, and the oxe shall be stoned. And when a man shall open a pit, or when a man shall digge a pit, and not cover it, and an oxe or an asse fall there: The owner of the pit shall pay, hee shall render money to the owner of it, and the dead beast shall be his. And when a mans oxe shall strike his neighbours oxe, that hee die, then they shall sell the living oxe, and divide the money of it, and the dead also they shall divide. Or if it be knowne that the oxe was a pusher in time past, and his owner hath not kept him in, paying he shall pay oxe for oxe, and the dead shall be his owne.
Annotations.
foreign Here beginneth the 18. Section of the Law, called Mishpatim, that is, Iudgments. See Genes. 6. 9.
THE Iudgments] the Iudiciall lawes, annexed to the Law or ten Commandements fore-given, Ex. 20. for punishment of transgressors: as the ordinances about Gods worship, and sacrifices, are commonly called statutes, or decrees, Exod. 12. 24. 43. and 27. 21. and 29. 9. Lev. 3. 17. and 6. 18. 22. The Greeke here and often tran lateth them Dicaiomata, Iust judgements: and so the Holy Ghost useth the word, in Revel. 15. 4. The statutes and judgements, are often distinctly mentioned, Deut. 4. 1. 5. 45. and 5. 1. and 12. 1. and sometime the Law or Commandements annexed with them, Deut. 6. 1. and 26. 17. Mal. 4. 4. And these Iudicials were propounded by Moses, not by expresse voice of God unto the people, as were those ten Words, in Exod. 20. before them] that is, the Israelites; and in speciall, the Magistrates of Israel. From hence the Hebrewes gather, (as R. Solomon on this place) that it was not lawfull for them to have their causes judged by infidels. And Paul hath a much like doctrine, in 1 Cor. 6. 1.
Vers. 2. Hebrew servant] that is, as the Chaldee explaineth it, a sonne of Israel: see Exod. 3. 18. A man might not buy an Hebrew, but either when hee willingly sold himselfe, for extreme poverty, Deut. 15. 12. Levit. 25. 39. or when he was sold against his will, by the Magistrate, for theft which he was not able to restore, Exod. 22. 3. shall serve] the Greeke explaineth it, shall serve thee. This might not be with the service of a bond-servant, but as an hired servant; and without rigour, Levit. 25. 39. 40. 43. For the time, the Hebrew canons say, He whom the Synedrion (the Magistrates) sell, serveth sixe yeeres from the day of his sale: and in the beginning of his seventh yeere, he goeth out free. If the yeere of release (Deut. 15. 1.) fall out within any of the sixe yeeres, yet hee serveth in it: but if the yeere of Iubilee fall, though he be sold but one yeere before, yet he goeth out free, as Levit. 25. 40. 41. 54. He that selleth himselfe, may doe it for moe than sixe yeeres. If it be for tenne or twentie yeeres, and the Iubilee fall out within a yeere after he is sold, hee goeth out free. Maimony in Misneh, treat. of servants, cap. 2. S. 2. 3. free] or, a free man, as both Greeke and Chaldee doe interpret it. This state of servitude, figured their subjection unto sinne, under the Law Rom. 6. 6. 16. 17. Galat. 4. 25. the seventh yeere; figured the time of grace by Christ, who proclaimed by his Gospell, the acceptable yeere of the Lord, Esa. 61. 2. Luke 4. 18. 19. he by his truth maketh men free in deed, Ioh. 8. 32. 36. that sinne hath no more dominion over them, Rom. 6. 14. 18. for nothing] or, for nought, freely: without money, as is explained, verse 11. or moneys worth, Gen. 29. 15. It signified the free gift of mans redemption, and iustification by the grace of Christ, Rom. 3. 24. where the Apostle useth the same Greeke word Dorean, by which the Hebrew is in Greeke translated here.
Vers. 3. with his body] onelyonly, and hath no wife, as the words following manifest: therfore the Greeke and Chaldee translateth it, himselfe alone, of a wise] which is entred into servitude with him; therefore the Greeke translateth it thus, If a wife came in together with him, then the wife shall goe out together with him.
Vers. 4. given him a wife] to wit, an heathen bond woman: for such onelyonly, with their children might be left in servitude, Levit. 25. 44. neither might any man thus deale with an Hebrew woman, as is after shewed in vers. 7. &c. And this thing, (which God here commandeth not, but tolerateth) the Hebrew Doctors restraine to him onelyonly that is sold by the Magistrate, saying: Hee whom the Magistrates doe sell, his master may give him a Canaanitesse bond woman, &c. and compell him hereunto, that he may beget servants (or slaves) of her; and hee may lawfully use her, all the daies of his servitude, Exodus 21. 4. but he that selleth himselfe, is forbidden a Canaanitesse bond-woman, as are all other men of Israel. But, An Hebrew servant, may not have to wife a Canaanitesse, untill he have an Israelitesse wife and children. For if he have not a wife and children, his master may not give him a Canaanitesse. And this is by tradition, that although he be a Priest that is sold yet he may have a Canaanitesse bond-woman, all the daies of his servitude. If he have wife and children, though his master may give him a Canaanitesse, yet may hee not separate him from his wife and children, as it is written, vers. 3. HIS WIFE WITH HIM. And hee may not give him two bond women; nor give one bond-woman to two Hebrew servants, as is the manner to give unto two Canaanite servants. These things are recorded by Maimony, in his treat. of Servants, chap. 3. S. 3. 4. 5. with his body] that is, alone, as the Greeke translateth it. For his children borne of the bond-woman, are bond-men also; as the example of Ismael, whom Abraham begat of Agar, sheweth, Genes. 21. 9. 10. Galat. 4. 22. 23. 30. So the Hebrew canons also testifie: An Israelite that lieth with a Canaanitesse bond-woman, &c. begetteth a Canaanite in every respect, who may be sold and bought, and made to serve for ever, as other bond-men. Maimony treat, of Servants, chap. 9. Sect. 1.
Vers. 5. saying shall say] that is, shall freely, openly, and plainely say: Greeke, shall answer and say. my master] in Deut. 15. 16. is mentioned also his house: from which the Hebrewes gather, that if the master have not wife and children, the servant is not to be bored in the eare: or if his master love not him, or if either the master or servant be sicke, the servant is not to be bored; for it is said, (in Deut. 15. 16.) because he is well with thee. Maimony, treat, of Servants, chap. 3. Sect. 11.
Vers. 6. the gods] that is, the Iudges, or Magistrates. called gods in Psalme 82. 1. 6. because the Word of God was given to them, Ioh. 10. 34. 35. So the Chaldee translateth it Iudges: the Greeke, the judgment of God. The Rabbines expound it, the Synedrion (or Court) of three judges: and that was the lowest Court. Maimony in Servants, chap. 3. Sect. 9. But withall they say, None are called Elohim (Gods) but the Iudges ordained in the land of Israel onelyonly; and such as were wise men, fit for to judge; whom the Senate of the Land of Israel sought out, and appointed, and imposed hands upon them. Maimony in Sanhedrin, chap. 4. Sect. 4. the doore] either of his masters house, or of any other mans, saith Maimony in treat, of Servants, chap. 3. his master] this the Hebrew Doctors hold strictly must be done by the master himselfe, not by his sonne, nor by his messenger, nor by a messenger of the magistrates. Maimony, in the same place. his eare] this the Hebrewes explaine to be his right eare, and through the body of it. And because the Law saith for servants, that at the Iubilee they should return unto their familie; Leviticus 25. 41. they doe except the priests from this. An Hebrew servant that is a priest, may not be bored in the eare, because he is made thereby blemished, and cannot therefore returne unto his dignitie. Maimony, treat, of Servants, chap. 3. Sect. 8. serve him for ever] that is, (as Maimony there explaineth it) till the Iubilee; or, till his masters death. If hee die and leave a sonne, yet he that is bored serveth not his sonne: for it is said, he shall serve him (not his sonne,) for ever, to his ever of Iubilee. The Law for the Iubilee, (which was every fiftieth yeere) see in Levit. 25. 13. 28. 40. 41. and as the word Ever, for many things reached but to the Iubilee; so sometime it is but during life; as 1 Sam. 1. 22. Thus by all meanes God provided to keepe men out of bondage, as he had brought them out of Egyptian servitude, to be his servants, Levit. 25. 42. Nehem. 5. 8. And the Apostle saith, If thou canst be made free, use it rather 1 Cor. 7. 21. Especially God taught them hereby, to labour for the Libertie which Christ at his Iubilee should bring unto them, Ioh. 8. 32. 34. 36. and not to be the servants of men, 1 Cor. 7. 23. And by this outward state of servants, led them from the bondage of the Law, at mount Sina, to the freedome of the Gospell, at mount Sion, Galat. 4. 24. 25. 26. &c. For the aule through the eare, signified the sharpe iron precepts, which men were bound to obey, in their going out and comming in, their whole administration, till either the death of the master, or the Iubilee did release them. So the Apostle saith, The Law hath dominion over a man, as long as he liveth, &c. When wee were in the flesh, the passions of sinnes, which were by the Law, wrought effectually in our members, to bring forth fruit unto death: but now we are delivered from the Law, that being dead wherein we were held, that we should serve in ne… of the spirit, and not in oldnesse of the letter, Romans 7. 1. 5. 6.
Vers. 7. sell his daughter] which the Hebrew canons say, hee might not doe, but while shee was a girle, under the age and state of mariage, not after, neither might he sell her but for extreme povertie when he had nothing left of goods moveable, or unmoveable, unto the cloathes on his backe. Maimony, treat. of Servants, chap. 4. Sect. 1. 2. An example hereof was among the poore Iewes, returned our of Babylon, Nehem. 5. 1. 5. 8. maid-servant, or, hand maid: see Gen. 16. 1. This servitude by the Law must bee but till the seventh yeere; (as was before for men-servants, whom the Magistrates sold;) or, till the Iubilee, if it fell out before, Deut 15. 12. Levit. 25. 40. or (by the Hebrew canons, till the death of her master. as the servants. that is, as slaves, basely, and with dishonour: for the Hebrew men and women might not be made to serve as servants, but as hired persons, and sojourners, Levit. 25. 39. 40. Although therefore this by some is referred to the former law of men-servants, in verse 2. 3. &c. yet the Greeke translation changeth the gender, and so understandeth it of bond-women or slaves. And the Iew Doctors referre it to that which followeth in verse 26. 27. that an Hebrew handmaid goeth not out for losse of limme, as of eye, tooth, &c. but must receive satisfaction for such hurts, as any other of Israel; according to the Law, in verse 24. Maimony, treat. of Servants, chap. 4. Sect. 6.
Vers. 8. evill] that is, displeasing, as the Greeke also translateth it. that he doe not betroth her] unto himselfe, o…to his sonne, verse 9. Or, who hath betrothed her to himselfe: for the Hebrew hath both readings, the first in the line, the latter in the margine. And the writing differeth in the eye, (*foreign lo, not; and to, to himselfe,) but hath no difference in the eare: so Moses hearing it of God, did by his spirit write both; and the margine is that which in the Hebrew is noted to be read. The Hebrew Doctors (in Thalmud Bab. in Nedarim, chap. 4. fol. 37. b.) say, The words read and not written, and written and not read, were the tradition of Moses from (mount) Sinai; that is, as the Hebrew scholion on that place noteth, so Moses received in Sinai, and delivered to Israel. The Chaldee version in this and other the like places, translateth according to the margin; an evident proofe, that these divers readings were not added by the Masorites, as some thinke; seeing the Masorites were not so ancient. The Greeke copies here varie, some having, hath betrothed her to him, othersome, hath not betrothed; and so The…lotio, and Symmachus also translated, hath not betrothed. The meaning seemeth to bee, if he take dislike of her, either before or after shee is betrothed. By the Iewes canons, An Hebrew maid might not be sold, but unto one who either himselfe or his sonne, might betroth her when she was mariageable. As, a man might not sell his daughter to his sonne, because she was not meet for her master, who was her brother; nor for her masters sonns, because shee was his fathers sister. Maimony treat. of Servants, chap. 4. Sect. 11. shall he let her] or, cause her to be redeemed; the Greeke translateth, he shall redeeme her. The Hebrewes say, If her master have bethrothed her to him-selfe, or to his sonne, she is as other betrothed women, and goeth not out but by the death of her husband, or by bill: and the commandement to betroth, is before the commandement to redeeme. If her master dye, his sonne cannot betroth her to himselfe; because she goeth out free by her masters death. Maimony, treat, of Servants, chap. 4. Sect. 7. 8. to a strange people] that is, to any stranger; the Chaldee interprets it, to another man. And Maimony (in the foresaid place Sect. 10.) saith, he may not sell her, nor give her to another man, whether he be one farre off, or neere; and if he either sell, or give her, it is nothing that he doth. unfaithfully transgressed] or, dealt deceitfully, and treacherously, failing of that which was expected at his hands, The Chaldee translateth, he hath ruled over her.
Vers. 9. of daughters] which the Chaldee explaineth, of the daughters of Israel: as is right and custome to be done with all other maids, which are not servants. This may be understood of giving a a dowrie: as Exod. 22. 16. 17. and all other priviledges of a free woman.
Vers. 10. take him] this the Greeke interpreteth, take to himselfe: though it may imply both the father and the sonne, forespoken of. her mariage dutie] the due benevolence betweene man and wife, such as the Apostle speaketh of, 1 Cor. 7. 3. and so the Greek translateth it conversation, (or companying together.) the Hebrew Doctors also explain it (from the phrase in Gen. 19. 31.) to goe in unto her after the way of all the earth. VntoUnto these three the Hebrewes adde seven moe: their words are, When a man marieth a wife, whether she be a virein or otherwise, be she great or small, a daughter of Israel, or a proselyte; he oweth unto her ten things, and she oweth foure. Of the ten, three are in the Law; her food, her rayment, and her mariage duty, that is, to goe in unto her after the manner of all the earth. And seven are by the doctrine of the Scribes. The first is, the principall of the dowrie; [which for a maid, was fiftie shekels, as is noted on Exod. 22. 17] and the other are called conditions of the dowrie; and they are these: to heale her if she be sicke; to redeeme her if she be taken captive, to bury her if she dye; and to let her be nourished of his goods, and to dwell in his house after he dye, all the time of her widowhood; that her children which shee hath by him, be nourished of his goods after his death, untill they be espoused; & that her male children which she hath by him, be heires of her dowrie, above their portion of inheritance which they have with their brethren. And the foure things which she oweth are; that the workes of her hands be his; that her (presence, or) attendance be upon him; that he eat of all the fruits of her goods during her life; and if she die while he live, that he be her heire hee is before any man, in inheriting that she hath. Maimony, treat. of Wives, chap. 12. Sect. 1. 2. 3. withdraw] or, keepe backe, as the word signifieth in Numbers 9. 7. the Greeke translateth it defra… which word Paul useth in speech of the like thing, Defraud not one the other, 1 Cor. 7. 5.
Vers. 11. these three] mentioned last, in verse 10. or, one of those three fore-mentioned, touching her bethrothing to himselfe, or to his sonne, or her redeeming. In this latter sense Maimony expoundeth it, in his treat. of Servants, chap. 4. Sect. 9. freely, or, for nothing, as verse 2.
Vers. 12. that smiteth] to wit, wilfully, as the next verse manifesteth. See the notes on Gen. 9. 6. put to die] or, made to die, that is, killed by the Magistrate: and the doubling of the word maketh the charge more strait; for no ransome might be taken for the life of a wilfull murderer, Numbers 35. 31. The Hebrew Doctors say; Foure deaths were in Israel by the Iudges; Stoning, and Burning, and Slaying with the sword, and Strangling (or Hanging.) Stoning was heavier than burning; and burning heavier then killing with the sword; and the sword heavier then strangling. All that were to be stoned to death by the law, were eighteene, namely, these: 1 Hee that lieth with his owne mother: 2 or with his fathers wife: 3 or with his daughter in law: 4 or with a betrothed maid: 5 or with the male: 6 or with any beast. 7 The woman that lieth downe to a beast. 8. The blasphemer. 9 He that worshippeth on Idoll. 10 or that giveth of his seed to Molech. 11 He that hath a familiar spirit, 12 and the Wizard, (Leviticus 20. 27.) 13 The inticer to idolatrie (Deuter. 13. 6.) 14 and the withdrawer (or thruster away) to idolatrie, (Deuteronomie 13. 13.) 15 The witch. 16 The prophaner of the Sabbath. 17 He that curseth his father or his mother: 18 and there bellious some, (Deuter. 21.) All that were to be burned, were ten: 1 The priests daughter that playeth the whore under her husband: 2 and he that lieth with his daughter: 3 or with his daughters daughter: 4 or with his sons daughter: 5 or with his wives daughter: 6 or with her daughters daughter: 7 or with her sonnes daughter: 8 or with his mother in law: 9 or with the mother of his mother in law: 10 or with the mother of his father in law. Who so lay with any of these whiles his wife lived, was to be burned. The killed with the sword were two: 1 The murderer: 2 and the drawne away to idols, (Deute…onomie 13▪ 15.) The strangled were sixe: 1 He that lieth with another mans wife: 2 Hee that smiteth his father or his mother: 3 Hee that steales a soule of Israel: 4 The Elder that rebelleth against the decree of the Senate, (Deuteronomie 17. 12.) 5 The false Prophet: 6 and he that prophesieth in the name of another god. So there are …ound in all, which were to be slaine by the Magistrate, thirty and sixe. Maimony in Sanhedrin, chap. 14. Sect. 1. 4. and chap. 15. Sect. 10. 13. Thalmud Bab. in Sanhedrin, chap. 7. and 9. Likewise the Chaldee paraphrase on Ruth. 1. 17. (in the Masorites Bible) saith; Naomi said, wee have foure judgements of death for malefactors: Stoning with stones, Burning with fire, Killing with the sword, and Hanging on tree.
Vers. 13. not l…en in wait] not hunted, as 1 Samuel 24. 12. The Greeke translateth, not willing. See this more explained in Num. 35. 22. 23. occasionally delivered] or, offered by chance: an example whereof is set downe in Deut. 19. 5. The Greeke and Chaldee translate, delivered. a place] in the land of Canaan, the cities of refuge, whereof see Num. 35. 6. &c. before that there were not any, vnlesse Gods Sanctuary and Altar in the wildernesse; as may be conjectured by the verse here following; and the practice of Ioab, 1 Kin. 2. 28.
Vers. 14. shall come presumptuously] or, shall deale proudly: the Chaldee saith, doe wickedly. It meaneth wittingly, wilfully, and presumptuously. from my] in Chaldee, from before my altar. The Greeke addeth, and flee unto the altar; from my altar shalt thou take him, &c. But Thargum Ierusalemy expoundeth it thus, though hee be the high priest, who standeth and ministreth before me, from thhnce shall yee take him, and kill him. Ioab fearing his life, fled unto, and caught hold on the hornes of the altar, 1 King. 28. and among the Heathens, altars were places of refuge; The wilde beast hath the Rocke for a refuge; and seruants the altars of God; saith Euripides in Supplic. to die] or, unto death: that is, to put him to death, as the Greeke and Chaldee translate.
Vers. 15. his father, &c.] though he kill him not, yet hee is to die for it: as by comparison with the 12. verse appeareth. So the Hebrew Doctors also expound it, but with limitation: for they teach, if a childe smite father or mother, and leave no print of the stripe on the flesh, he is to be punished, but not with death: if hee leave an impression (or skarre) or that which is equivalent, as when hee smiteth his father on the eare, and maketh him deafe; such a one is to be put to death, as Maimony sheweth, it treat. of Rebels, chap. 5. Sect. 5. 6.
Vers. 16. a man] any of the sonnes of Israel, saith the Greeke translation: and also the Chaldee paraphrase. And so doth Moses explaine this Law, in Deut. 24. 7. a soule, (that is, man, woman, or child) of his brethren, of the sonnes of Israel.
Vers. 17. curseth] or, speaketh evill to, revileth; useth light, vile and reproachfull speech: see Genesis 12. 3. put to die] the holy Ghost in Matth. 15. 4. (following the Greeke version) translateth, let him be ended with death: that is, killed. This law is repeated in Levit. 20. 9. The Hebrew Doctors say, that if he curse them either alive or dead, hee is to be stoned to death for it. But they restraine this to his next parents onelyonly: if he curse his grand-father, they teach, hee is not to be stoned, but punished as for cursing anotherman. Maimony treat, of Rebels, chap. 5. Sect. 1. 2.
Vers. 18. fist] so the Greeke translateth, but the Chaldee is, a clod of earth. falleth] that is, lieth on, or keepeth his bed through infirmitie.
Vers. 19. innocent] and so quit, and not punished as a murderer: though for the hurt, hee is to satisfie, as after is shewed. give his sitting] that is, pay for his sitting, or ceasing from labour, and losse of time. So the Greeke translates, But hee shall pay for his ceasing from labour, and for the charges of healing. Here also is to be understood, that if he have caused a blemish in his neighbour, he is also to pay for it, Levit. 24. 19. 20. And the Hebrew Doctors gather from Deut. 22. 29. that hee must pay also for the smart or paine, and from Deuter. 25. 11. 12. that hee must pay for the shame or dishonour, if any be. So they have set downe in such cases five penalties: 1 for the hurt (or blemish;) 2 for the paine; 3 for the healing; 4 for the losse of time; 5 and for the shame (or dishonour:) of which some must pay all five, some foure, some three, some two, some one, as the cases doe fall out. Maimony, treat. of Hurts and dammages, chap. 1. and 2. healing he shall heale] that is, soundly and throughly heale: meaning by his charges, as the Greeke sheweth; and as the Chaldee translateth, hee shall pay the hire of the Surgeon. Wherefore in the Iewes canons it is set downe; If hee that did the hurt say, my selfe will heale thee; or, I have a Surgeon that will heale for … thing, they shall not yeeld unto him; but he must bring an approved Surgeon, and heale him for reward. If the patient transgresse against the words of the Surgeon, and so make his owne sicknesse (or sore) more heavy; the other is not bound to heale him. Maimony, treat. of Hurts, chap. 2. Sect. 18. 20. Moreover they say; There are blowes wherein is contempt, and a little paine, but as hurt: for such the Magistrates appointed mulcts or forfaits. As, he that kicked his neighbour with his fo…t, paid five shekels: he that smote him with his thigh, paid three shekels: hee that bent his fist and smote him, paid thirteene shekels: if he smote him with the palme of his hand, one shekell. If he wrung him by the eare, or plucked off his haire, or did spit upon him, hee paid an hundred shekels. And thus he paid for every time he did it; as if he kicked him foure times one after another, hee paid twenty shekels; and so for the rest. Hee that affrighteth his neighbour, although he fall sicke through feare, hee is free from the judgement of men, but guilty of the judgement of God; to wit, if he touch not his neigbour, but maketh a noise behinde him, or appeareth in a darke place or the lake, S… he make a noise in his eare, and make him deafe: he is free from the judgement of man, but guilty of the judgement of God. But if he sa…ite him ou…h…, and make him deafe, or touch him, or thrust him, when he affrighteth him, or take hold on his garments, or the like, he is to pay for it. Maimony treat. of Hurts, chap. 3. Sect. 8. 9. and chap. 2. Sect. 7.
Vers. 20. man servant] his slave, which after in verse 21. is called his money: but with Hebrew servants he might not thus deale, Levit. 25. 39. 40. nor with another mans servant. a rod] or staffe, such as is meet to give correction with: wherefore the Hebrewes gather, that if he smite him with a sword, dagger, stone, or the like, hee hath not the priviledge of this law; but if the servant die of the blow, though a yeere after, hee must be killed for him. Maimony, treat. of Murder, chap. 2. S. 14. under his hand] whiles he is in beating: as the verse following manifesteth. avenging] Greeke, with vengeance: that is, he shall surely be avenged, or punished with death. The Chaldee translateth, judged. This is meant, by the Magistrate, who is the Avenger under God, Rom. 13. 4.
Vers. 21. continue,] Hebr. stand, which the Greek translateth live. a day,] a large day of foure and twentie houres; which is as much as two other daies which have each but twelve houres, Iohn 11. 9. Thus the Iew Doctors explaine it: if he continue foure and twenty houres, and afterward die, hee is not killed for him; though he die upon the beating, &c. and what is that, A DAY OR TVVO DAIES? a day which is as two daies, which is from time to time: (till that time againe.) Maimony, treat of Murder, chap. 2. sect. 12. his money] Hebr. his silver: meaning, bought with his money, and so his owne. But hee that smiteth a servant which is not his owne, though he die not till after many daies; yet shall he be put to death for him, as for any other free man, saith Maimony, in treat. of Murder, chap. 2. Sect. 13.
Vers. 22. births] or childe, as the Greeke translateth. no mischiefe] to the woman or childe: the Chaldee expounds it, no death: but it implieth lesse also than death, as the words following manifest. The Greeke referres it to the childe; translating, if it be not figured, that is, have not the shape and proportion. punished] or, amearsed, mulcted, topay a summe of money, as this word is explained in Deut. 22. 19. And this mulct must be paid to the husband for the childe-birth: and (as the Hebrewes gather from the former lawes) satisfaction must bee given beside, to the woman for the dammage and for the paine. Maimony treat. of Hurts, chap. 4. Sect. …. by the Iudges] as the Chaldee saith, by the sentence of the Iudges: the Greeke translateth it, with authoritie (or dignitie.)
Vers. 23. thou give] speaking to the offender; wherefore the Greeke changeth person, hee shall give, as it was in verse 22. Otliers referre it to the Iudge; thou (Iudge) shalt give by thy sentence. soule] that is, life.
Vers. 25. stripe] or waile; the print or marke of the blow in the flesh. And all these (except life for life,) … Hebrew Doctors say, may bee redeemed by money; which they gather from Numb. 35. 31. he shall take no ransome for the life of a murderer: so that other maimes or hurts, are not forbidden to be satisfied for: and in respect of satisfaction, it is said (in Deut. 19. 21.) thi…e eye shall not pitie, &c. Maimony, in treat. of Hurts, chap. 1. Sect. 3. 4. Herein their opinion seemeth better than that of the Sadduces, which insisted upon the letter of the Law, to have limme for limme, and stripe for stripe, without redemption. Our Saviour more fully openeth his Fathers Law; for although the Magistrates must execute being called upon; yet the plaintifes are taught meekenesse and moderation, and not to avenge themselves, nor to resist the evill: but whosoever shall smite thee on the right cheeke, turne to him the other also, Matth. 5. 38. 39.
Vers. 26. his man servant] or, his bond-man, of the heathen, not an Hebrew, of whom hee spake before, verse 2. Also his owne, not another mans servant. corrupt it] that is, perish it; and as the Greeke translateth, make it blinde. send him away] dismisse him free, from slaverie; without any other satisfaction, which he must make to all other. The Hebrew canons explaine it thus: He that hurteth a Canaanitish servant of his owne, is discharged, (from making satisfaction.) he that hurteth an Hebrew servant of his owne, is bound to make satisfaction for all (the five things before mentioned upon verse 19.) save for his losse of time. Hee that hurteth a Canaanitish servant of his neighbours, the master of the servant is to have all those five things mentioned, &c. Hee that smiteth his owne Canaanitish servant purposely, and bereaveth him of one of his limmes, which cannot be restored, must let him goe out free, and must give him a bill of dismission. None goe out free for losse of limme, but servants which are circumcised and baptised, &c. the servant which is yet in his paganisme, goeth not out for losse of limme. When he smites his servant on the eye, and somewhat decaieth the sight of it: on the tooth, and looseneth it: if hee can still use the service of them, hee goeth not out free; if not, he is to goe out free. If the servant had a dimme eye, or a loose tooth and the master makes the eye blinde, or the tooth fall out: if he had use of his eye or tooth to doe service with, then hee is to goe out free, otherwise not. If he smite out his servants tooth; or make his eye blinde against his will, as when he throweth a stone at a beast, and hitteth his servant, &c. the servant is not to goe out free therefore. These and the like limitations are shewed by Maimony in treat. of Hurts, chap. 4. Sect. 10. and treat. of Servants, chap. 5. Sect. 4. 5. 8. 9. 11.
V. 27. for his tooth] and so by proportion for other parts, as an eare, a finger, or the like: yea if he strike him on the eare, and he become deafe thereby, or the like, he is to goe out free for the same, saith Maimony, treat. of Servants, chap. 5. Sect. 7.
Ver. 28. an oxe] or, bull: and by proportion any other beast, that hurteth by pushing with the horne, kicking, biting, or any other way. Every living creature which is in the power of man, if it shall damnifie, the owners are bound to pay for it, because their goods have done the dammage. The Scripture speaketh not of the …xe but for an instance, saith Maimony, in Nizke Mammon, (or treat. of Dammages,) c. 1. Sect. 1. not be eaten] for detestation: God requiring mans blood at the hand even of beasts: as Gen. 9. 5. But how should it be eaten after it was stoned? This law teacheth, that when sentence is past upon it to be stoned, it is forbidden, and is made as an uncleane beast. So that if any before hand kill it after the lawfull manner of killing beasts, it is unlawfull for any use, or for the flesh thereof to be eaten. And so after it is stoned, it may not be sold, nor given to dogges, nor to infidels, &c. saith, Maimony, treat. of Forbidden meats, chap. 4. Sect. 22. innocent] unpunished: as verse 19.
Vers. 29. in time past] Hebr. from yesterday, and the third day. So in verse 36. to his owner] and that before the Magistrate; as the Hebrew Doctors say, there is no testification but before the owners, and before the Synedrion (or Court,) Maimony, treat. of Dammages, chap. 6. Sect. 2.
Vers. 30. of his soule] that is, of his life. But how much? For servants the summe is set, verse 32. for others, as the Iudges shall value the slaine. And the ransome is to be given unto the heires of him that is slain. Maimony, in Dammages. chap. 11. Sect. 1. 2.
Vers. 31. a sonne] the Chaldee addeth a sonne of Israel, or a daughter of Israel.
Vers. 32. thirtie shekels] or, shillings; in Greeke didrachmes: see the notes on Genes. 20. 16. This price is here set both for men and maid-servants, and as the Iewes explaine it, both for great and small, whether the servant were worth an hundred pounds, or not worth one, &c. Maimony, ibid. This thirty shekels was the goodly price, that our Lord Christ was valued at, or the vile Iewes, Zacharie 11. 12. 13. Matthew 26. 15.
Vers. 33. or an asse] or any other beast, cattell, or fowle; the oxe and the asse is named but for an instance. But vessels (or instruments) that fall into a pit and are broken, the owner of the pit is not bound to pay for them. The law is, if an oxe fall, hee saith not if a man: or an asse he saith not a vessell. Although an oxe with his instruments fall in, and the oxe die, and the instruments be broken: the owner of the pit is bound to pay for the beast, but not for the instruments. Maimony, treat, of Dammages, chap. 12. Sect. 1. and chap. 13. Sect. 1. fall] that is, die there; as the words following manifest. Therefore the Hebrew canons set downe a scantling, how much is enough to kill a beast; if the pit or ditch be ten hand breadths (that is, two foot and a halfe) deepe. If it be any lesse, though an oxe or any beast fall into it and die, the owner of the pit (they say) is not bound to pay for it. Maimony, in the same booke, chap. 12. Sect. 10.
Vers. 34. owner] or master: that is, the doer or occasioner of the doing thereof; in whom the fault lieth.
Verse 35. oxe] or any other beast of his: as before is noted his neighbours oxe] This the Hebrew Doctors take strictly: and say, If an Israelites oxe push an oxe sanctified (unto God;) or an oxe that is sanctified doe push an Israelites oxe, he is not bound to …y, (by th…) for it is said, HIS NEIGHBOVRS OXE. Maimony, in Dammages, chap. 8. Sect. 1. the dead] the Chaldee paraphraseth, the price of the dead also.
Vers. 36. be knowne] or, as the Greeke translateth, be made knowne: that is testified to the owner, as … 29.