2 If thou buy a Hebrew servant, six years he shall serve: and in the seventh he shall go out free for nothing.
If thy brother, a Hebrew man, or a Hebrew woman, be sold unto thee, and serve thee six years; then in the seventh year thou shalt let him go free from thee. And when thou lettest him go free from thee, thou shalt not let him go empty: thou shalt furnish him liberally out of thy flock, and out of thy threshing-floor, and out of thy winepress; as Jehovah thy God hath blessed thee thou shalt give unto him. And thou shalt remember that thou wast a bondman in the land of Egypt, and Jehovah thy God redeemed thee: therefore I command thee this thing to-day.
Then there arose a great cry of the people and of their wives against their brethren the Jews. For there were that said, We, our sons and our daughters, are many: let us get grain, that we may eat and live. Some also there were that said, We are mortgaging our fields, and our vineyards, and our houses: let us get grain, because of the dearth. There were also that said, We have borrowed money for the king's tribute `upon' our fields and our vineyards. Yet now our flesh is as the flesh of our brethren, our children as their children: and, lo, we bring into bondage our sons and our daughters to be servants, and some of our daughters are brought into bondage `already': neither is it in our power to help it; for other men have our fields and our vineyards.
The word that came unto Jeremiah from Jehovah, after that the king Zedekiah had made a covenant with all the people that were at Jerusalem, to proclaim liberty unto them; that every man should let his man-servant, and every man his maid-servant, that is a Hebrew or a Hebrewess, go free; that none should make bondmen of them, `to wit', of a Jew his brother. And all the princes and all the people obeyed, that had entered into the covenant, that every one should let his man-servant, and every one his maid-servant, go free, that none should make bondmen of them any more; they obeyed, and let them go: but afterwards they turned, and caused the servants and the handmaids, whom they had let go free, to return, and brought them into subjection for servants and for handmaids. Therefore the word of Jehovah came to Jeremiah from Jehovah, saying, Thus saith Jehovah, the God of Israel: I made a covenant with your fathers in the day that I brought them forth out of the land of Egypt, out of the house of bondage, saying, At the end of seven years ye shall let go every man his brother that is a Hebrew, that hath been sold unto thee, and hath served thee six years, thou shalt let him go free from thee: but your fathers hearkened not unto me, neither inclined their ear. And ye were now turned, and had done that which is right in mine eyes, in proclaiming liberty every man to his neighbor; and ye had made a covenant before me in the house which is called by my name: but ye turned and profaned my name, and caused every man his servant, and every man his handmaid, whom ye had let go free at their pleasure, to return; and ye brought them into subjection, to be unto you for servants and for handmaids. Therefore thus saith Jehovah: ye have not hearkened unto me, to proclaim liberty, every man to his brother, and every man to his neighbor: behold, I proclaim unto you a liberty, saith Jehovah, to the sword, to the pestilence, and to the famine; and I will make you to be tossed to and fro among all the kingdoms of the earth.
And if thy brother be waxed poor with thee, and sell himself unto thee; thou shalt not make him to serve as a bond-servant. As a hired servant, and as a sojourner, he shall be with thee; he shall serve with thee unto the year of jubilee: then shall he go out from thee, he and his children with him, and shall return unto his own family, and unto the possession of his fathers shall he return. For they are my servants, whom I brought forth out of the land of Egypt: they shall not be sold as bondmen. Thou shalt not rule over him with rigor, but shalt fear thy God. And as for thy bondmen, and thy bondmaids, whom thou shalt have; of the nations that are round about you, of them shall ye buy bondmen and bondmaids. Moreover of the children of the strangers that sojourn among you, of them shall ye buy, and of their families that are with you, which they have begotten in your land: and they shall be your possession.
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Commentary on Exodus 21 Commentary Critical and Explanatory on the Whole Bible
CHAPTER 21
Ex 21:1-6. Laws for Menservants.
1. judgments—rules for regulating the procedure of judges and magistrates in the decision of cases and the trial of criminals. The government of the Israelites being a theocracy, those public authorities were the servants of the Divine Sovereign, and subject to His direction. Most of these laws here noticed were primitive usages, founded on principles of natural equity, and incorporated, with modifications and improvements, in the Mosaic code.
2-6. If thou buy an Hebrew servant—Every Israelite was free-born; but slavery was permitted under certain restrictions. An Hebrew might be made a slave through poverty, debt, or crime; but at the end of six years he was entitled to freedom, and his wife, if she had voluntarily shared his state of bondage, also obtained release. Should he, however, have married a female slave, she and the children, after the husband's liberation, remained the master's property; and if, through attachment to his family, the Hebrew chose to forfeit his privilege and abide as he was, a formal process was gone through in a public court, and a brand of servitude stamped on his ear (Ps 40:6) for life, or at least till the Jubilee (De 15:17).
Ex 21:7-36. Laws for Maidservants.
7-11. if a man sell his daughter—Hebrew girls might be redeemed for a reasonable sum. But in the event of her parents or friends being unable to pay the redemption money, her owner was not at liberty to sell her elsewhere. Should she have been betrothed to him or his son, and either change their minds, a maintenance must be provided for her suitable to her condition as his intended wife, or her freedom instantly granted.
23-25. eye for eye—The law which authorized retaliation (a principle acted upon by all primitive people) was a civil one. It was given to regulate the procedure of the public magistrate in determining the amount of compensation in every case of injury, but did not encourage feelings of private revenge. The later Jews, however, mistook it for a moral precept, and were corrected by our Lord (Mt 5:38-42).
28-36. If an ox gore a man or a woman, that they die—For the purpose of sanctifying human blood, and representing all injuries affecting life in a serious light, an animal that occasioned death was to be killed or suffer punishment proportioned to the degree of damage it had caused. Punishments are still inflicted on this principle in Persia and other countries of the East; and among a rude people greater effect is thus produced in inspiring caution, and making them keep noxious animals under restraint, than a penalty imposed on the owners.
30. If there be laid on him a sum of money, &c.—Blood fines are common among the Arabs as they were once general throughout the East. This is the only case where a money compensation, instead of capital punishment, was expressly allowed in the Mosaic law.