21:22 “If men fight and hit a pregnant woman and her child is born prematurely, 12 but there is no serious injury, he will surely be punished in accordance with what the woman’s husband demands of him, and he will pay what the court decides. 13
1 tn The construction uses the infinitive absolute and the imperfect tense of שָׁמַע (shama’). The meaning of the verb is idiomatic here because it is followed by “to the voice of Yahweh your God.” When this is present, the verb is translated “obey.” The construction is in a causal clause. It reads, “If you will diligently obey.” Gesenius points out that the infinitive absolute in a conditional clause also emphasizes the importance of the condition on which the consequence depends (GKC 342-43 §113.o).
2 tn The word order is reversed in the text: “and the right in his eyes you do,” or, “[if] you do what is right in his eyes.” The conditional idea in the first clause is continued in this clause.
3 tn Heb “give ear.” This verb and the next are both perfect tenses with the vav (ו) consecutive; they continue the sequence of the original conditional clause.
4 tn The substantive כָּל־ (kol, “all of”) in a negative clause can be translated “none of.”
5 sn The reference is no doubt to the plagues that Yahweh has just put on them. These will not come on God’s true people. But the interesting thing about a conditional clause like this is that the opposite is also true – “if you do not obey, then I will bring these diseases.”
6 tn The form is רֹפְאֶךָ (rofÿ’ekha), a participle with a pronominal suffix. The word is the predicate after the pronoun “I”: “I [am] your healer.” The suffix is an objective genitive – the
sn The name I Yahweh am your healer comes as a bit of a surprise. One might expect, “I am Yahweh who heals your water,” but it was the people he came to heal because their faith was weak. God lets Israel know here that he can control the elements of nature to bring about a spiritual response in Israel (see Deut 8).
7 tn “and then” has been supplied.
8 tn The verb is a Hitpael perfect with vav (ו) consecutive; it follows the sequence of the imperfect before it – “if he gets up and walks about.” This is proof of recovery.
9 tn The imperfect tense carries a nuance of obligatory imperfect because this is binding on the one who hit him.
10 tn Heb “his”; the referent (the injured person) has been specified in the translation for clarity.
11 tn The word appears to be the infinitive from the verb “to sit” with a meaning of “his sitting down”; some suggest it is from the verb “to rest” with a meaning “cease.” In either case the point in the context must mean compensation is due for the time he was down.
12 tn This line has occasioned a good deal of discussion. It may indicate that the child was killed, as in a miscarriage; or it may mean that there was a premature birth. The latter view is taken here because of the way the whole section is written: (1) “her children come out” reflects a birth and not the loss of children, (2) there is no serious damage, and (3) payment is to be set for any remuneration. The word אָסוֹן (’ason) is translated “serious damage.” The word was taken in Mekilta to mean “death.” U. Cassuto says the point of the phrase is that neither the woman or the children that are born die (Exodus, 275). But see among the literature on this: M. G. Kline, “Lex Talionis and the Human Fetus,” JETS 20 (1977): 193-201; W. House, “Miscarriage or Premature Birth: Additional Thoughts on Exodus 21:22-25,” WTJ 41 (1978): 108-23; S. E. Loewenstamm, “Exodus XXI 22-25,” VT 27 (1977): 352-60.
13 tn The word בִּפְלִלִים (biflilim) means “with arbitrators.” The point then seems to be that the amount of remuneration for damages that was fixed by the husband had to be approved by the courts. S. R. Driver mentions an alternative to this unusual reading presented by Budde, reading בנפלים as “untimely birth” (Exodus, 219). See also E. A. Speiser, “The Stem PLL in Hebrew,” JBL 82 (1963): 301-6.
14 tn The expression is “when you take [lift up] the sum [head] of the Israelites.”
15 tn The form is לִפְקֻדֵיהֶם (lifqudehem, “according to those that are numbered of/by them”) from the verb פָּקַד (paqad, “to visit”). But the idea of this word seems more to be that of changing or determining the destiny, and so “appoint” and “number” become clear categories of meaning for the word. Here it simply refers to the census, but when this word is used for a census it often involves mustering an army for a military purpose. Here there is no indication of a war, but it may be laying down the principle that when they should do this, here is the price. B. Jacob (Exodus, 835) uses Num 31 as a good illustration, showing that the warrior was essentially a murderer, if he killed anyone in battle. For this reason his blood was forfeit; if he survived he must pay a כֹּפֶר (kofer) because every human life possesses value and must be atoned for. The payment during the census represented a “presumptive ransom” so that they could not be faulted for what they might do in war.
16 tn The “ransom” is כֹּפֶר (kofer), a word related to words translated “atone” and “atonement.” Here the noun refers to what is paid for the life. The idea is that of delivering or redeeming by a substitute – here the substitute is the money. If they paid the amount, their lives would be safe (W. C. Kaiser, Jr., “Exodus,” EBC 2:473).
17 tn The temporal clause uses a preposition, an infinitive construct, and then an accusative. The subject is supplied: “in numbering them” means “when [you] number them.” The verb could also be rendered “when you muster them.”