Exodus 21 — Tyndale Study Notes
Exod.20.1-23.33
The Sinai covenant follows very closely the form of the covenants, or suzerain-vassal treaties, that great kings (the suzerains) in the ancient Near East offered to subject peoples (the vassals) as follows: (1) An introduction named the great king who was offering the covenant (20:1). (2) A historical preamble set out the circumstances that had led to the offer of a treaty (20:2). (3) Stipulations, the terms upon which the two parties were to agree, typically included the king’s offer of protection from enemies and care during emergency, while the people would agree to behave in conformity to the preferences of that king. Exodus includes a brief setting forth of the terms of the covenant (20:3-17) followed by expanded terms (chs 21–23). (4) Another statement indicated where a written copy of the covenant should be kept and when it should be read (24:7; 25:16). (5) The gods were called upon to witness the agreement (in Exodus, historical markers are substituted for the gods, 24:4). (6) The blessings and curses were stated that would follow upon obedience or disobedience to the covenant (23:20-33). Utilizing the political form of the covenant, God invited his people into a formal relationship with himself as king while avoiding the pagan overtones that contaminated religious forms of the time. Jesus’ Sermon on the Mount (Matt 5:1–7:29) is a New Testament parallel to this section of Exodus, with the Beatitudes (Matt 5:3-12) paralleling the Ten Commandments.
Exod.21.1
The terms of the covenant are now expanded. The beginning section (21:1–23:19) gives specific examples of the general principles stated in 20:3-17. The commitments to which God bound himself if the Israelites kept their side of the covenant are stated in 23:20-33, as are the blessings of obedience.
Exod.21.1-23.19
The statements found here are in the typical case-law format of ancient Near Eastern law codes. This format begins with a hypothetical situation introduced by the word “if.” The following statement of what is to be done in such a case is introduced by “then.” While some cases are grouped into categories in these chapters, there is little attempt to separate personal, civil, or ceremonial laws from one another. For God, life is not compartmentalized. All of life is lived in relationship to God, so all kinds of behavior signify whether we are in loving submission to him or in defiance of him.
Exod.21.1-11
Slavery was a fact of life in the ancient world. In some cases, it was the only resort for those who were destitute. In much of the ancient world, people who were slaves felt that the gods had abandoned them. But the Lord cares about those who are in this helpless condition, so his covenant people must care also. Ultimately, the revelation that Jesus Christ had died for all people everywhere would make the practice of slavery untenable (Gal 3:28).
Exod.21.2
A man might sell himself into slavery in order to get money to pay his debts. This law states that the man was never to become the permanent property of the master.
Exod.21.3
If a man and a wife went into slavery together, they were also to go free together.
Exod.21.4-6
The master was not required to provide a slave with a wife who would then be freed with him. The slave in such a situation had to either abandon the family he began while he was a slave or become a permanent slave.
Exod.21.7-9
A female slave was treated differently from a male, possibly because it was understood that she was sold to become a concubine. For such a woman to be released after seven years would not be just. She would either have to return to her father (who clearly did not want her, having previously sold her), marry (an unlikely prospect for a former concubine), or become a prostitute. Thus, it was best for her to remain in the home of her master. Presumably, if a man bought a girl to be his son’s wife (21:9), it was understood that the purchase price was not actually buying her but was the equivalent of a bride-price. Typically, a young man wishing to marry a girl had to give her father a gift of some sort, either money or a gift in kind (see 22:16; Gen 24:53). A woman for whom a bride-price had been paid was not a slave.
Exod.21.12-17
The crimes of murder, kidnapping, and dishonoring one’s parents warranted the death penalty. A murderer forfeits his own life, and human life is so precious that even an accidental death cannot be overlooked. The place of refuge (see Num 35:6-28) was a place where an accidental killer could go so that the family of the deceased could not take vengeance (see study notes on Num 35:6-34).
Exod.21.14
dragged . . . from my altar: See 1 Kgs 2:28-33.
Exod.21.17
Anyone who dishonors: See study note on Lev 20:9; see also Exod 20:12; Deut 5:16; 21:18-21; Eph 6:1-4.
Exod.21.18-27
These laws governed compensation for injuries that did not lead to death.
Exod.21.22-25
so she gives birth prematurely: It appears that if a child’s birth was caused prematurely and the child died (i.e., there was further injury), the penalty for murder was to be enacted. The law of retaliation (the lex talionis) called for a penalty that matched the injury inflicted on a victim. But this law also served to limit the punishment so it was not more severe than the original injury. Cp. Matt 5:38-39.
Exod.21.28-32
If an animal caused a person’s death and the owner was judged to be negligent, the relatives of the deceased could demand the death penalty for both the animal and its owner. However, that penalty was not mandatory, and the relatives could elect to accept compensation (21:30).
Exod.21.33-22.15
In cases involving loss of property, the responsible person had to pay compensation equal to the value of what was lost. If the person had actually stolen the property, the compensation was multiplied (22:1, 4, 7). Where there was a question of responsibility, the parties were to appear before God for adjudication (22:8). The means by which the judgment was reached is not reported.