ESV Global Study Bible :: Footnotes for Exodus 21

Ex. 21:1–23:19 This section contains basic guidelines for living together as a just society and as a people set apart to the Lord. The specific laws are not intended to be exhaustive but are to encourage and safeguard justice, civility, and moral excellence.

Ex. 21:1 The word rules could also be translated “rulings” or “judgments”—that is, decisions by a judge to settle disputes.

Ex. 21:2–11 When you buy a Hebrew slave. Despite the use of “buy,” it should be clear that slaves were considered human beings rather than mere possessions, since there is no mention of slaves in the laws governing loss of property (21:33–22:15). (See notes on 1 Cor. 7:21; Eph. 6:5; Col. 3:22–25; Philem. 18–19.)

Ex. 21:5–6 Debt was the most common reason that people became slaves. To take a destitute person as a slave could be seen as benevolent, as it guaranteed him food and shelter and some income. The security provided by a good employer led some slaves to choose to remain in that status forever.

Ex. 21:7–11 If a poor family could not afford a normal wedding, the father might “sell” his daughter to a rich man as his “slave,” that is, as a secondary wife like Zilpah and Bilhah (Gen. 29:24, 29). These laws aim to prevent any mistreatment the daughter might then face.

Ex. 21:13 The reference to a place to which he may flee looks forward to the cities of refuge that the Lord will provide (see Num. 35:9–15) to protect those who killed unintentionally.

Ex. 21:17 Placing this rule here, with the prescription of the death penalty, highlights the gravity of the command to honor one’s parents (20:12; see Mark 7:9–10).

Ex. 21:20–21 These verses provide a general rule relating to cases in which a slave has been severely beaten by his master (strikes his slave . . . with a rod). The instruction not to avenge a slave who survives such a beating because the slave is his money relates only to the financial circumstances of the one he serves; it is neither a description of how a slave as a person is to be understood, nor a prescription for how a slave is to be treated. The expectation for how Israelites were to treat one another (and particularly those who were typically oppressed or overlooked) is indicated in the repeated statements at the end of this section of laws: “You shall not wrong a sojourner or oppress him” (22:21–24; 23:6–9). If a sojourner (resident alien) is to be well treated, how much more an Israelite.

Ex. 21:22–25 These verses are difficult to interpret. The esv offers a traditional understanding in the text and an alternative view in the footnote. Interpreters agree that the passage describes a brawl in which a pregnant woman is accidentally hit, resulting in either a premature live birth or a miscarriage where the child dies (her children come out). Interpreters disagree, however, about the exact meaning of the Hebrew traditionally rendered there is no harm . . . there is harm, and the judges determine (see esv footnote for the alternative reading). According to the traditional view, “harm” is suffered by either the woman or her baby. Depending on the extent of loss, the man who caused the injury shall pay “as the judges determine.” The alternative view assumes that the baby has died, and the issue is who should pay the penalty. In a fight, it may not be obvious who is responsible for the lethal blow. If the offender can be identified, he alone must pay for the loss of life (see v. 30). If the offender cannot be identified, the community (you) shall pay. Either interpretation clearly regards the unborn child as fully human (see Ps. 71:5–6 and note; Ps. 139:13–16).

Ex. 21:23–25 Compensation for a life taken or harmed shall be life for life, eye for eye, tooth for tooth . . . stripe for stripe (see also Lev. 24:17–22). As it applies to human life, the rule is grounded in humanity being made in God’s image (see Gen. 9:6). The principle was meant to guide judges in assessing damages. It was not intended to be applied literally in every case, and it assumed that circumstances would be taken into account (see Ex. 21:12–14, 19, 21, 26–28, 30). In Matt. 5:38–42, Jesus shows that the “eye for eye” principle was never intended to apply to ordinary human relationships; rather, believers should seek to imitate God’s generosity.

Ex. 21:28–29 When an animal gores and kills a person, it shall be stoned, for human life is holy to the Lord (see also 19:12–13).

Ex. 21:33–36 If a person was irresponsible (such as in not covering a pit, v. 33) or had previous knowledge of a problem (such as knowing but disregarding an ox’s tendency to gore, v. 36), such things should be taken into account when determining the amount of a fine.