20:8 “Remember 1 the Sabbath 2 day to set it apart as holy. 3
21:1 4 “These are the decisions that you will set before them:
1 tn The text uses the infinitive absolute זָכוֹר (zakhor) for the commandment for the Sabbath day, which is the sign of the Sinaitic Covenant. The infinitive absolute functions in place of the emphatic imperative here (see GKC 346 §113.bb); the absolute stresses the basic verbal idea of the root – remembering. The verb includes the mental activity of recalling and pondering as well as the consequent actions for such remembering.
2 tn The word “Sabbath” is clearly connected to the verb שָׁבַת (shavat, “to cease, desist, rest”). There are all kinds of theories as to the origin of the day, most notably in the Babylonian world, but the differences are striking in so far as the pagan world had these days filled with magic. Nevertheless, the pagan world does bear witness to a tradition of a regular day set aside for special sacrifices. See, for example, H. W. Wolff, “The Day of Rest in the Old Testament,” LTQ 7 (1972): 65-76; H. Routtenberg, “The Laws of Sabbath: Biblical Sources,” Dor le Dor 6 (1977): 41-43, 99-101, 153-55, 204-6; G. Robinson, “The Idea of Rest in the OT and the Search for the Basic Character of Sabbath,” ZAW 92 (1980): 32-42; and M. Tsevat, “The Basic Meaning of the Biblical Sabbath,” ZAW 84 (1972): 447-59.
3 tn The Piel infinitive construct provides the purpose of remembering the Sabbath day – to set it apart, to make it distinct from the other days. Verses 9 and 10 explain in part how this was to be done. To set this day apart as holy taught Israel the difference between the holy and the profane, that there was something higher than daily life. If an Israelite bent down to the ground laboring all week, the Sabbath called his attention to the heavens, to pattern life after the Creator (B. Jacob, Exodus, 569-70).
4 sn There follows now a series of rulings called “the decisions” or “the judgments” (הַמִּשְׁפָּטִים, hammishpatim). A precept is stated, and then various cases in which the law is applicable are examined. These rulings are all in harmony with the Decalogue that has just been given and can be grouped into three categories: civil or criminal laws, religious or cultic laws, and moral or humanitarian laws. The civil and criminal laws make up most of chap. 21; the next two chapters mix the other kinds of laws. Among the many studies of this section of the book are F. C. Fensham, “The Role of the Lord in the Legal Sections of the Covenant Code,” VT 26 (1976): 262-74; S. Paul, “Unrecognized Biblical Legal Idioms in Light of Comparative Akkadian Expressions,” RB 86 (1979): 231-39; M. Galston, “The Purpose of the Law According to Maimonides,” JQR 69 (1978): 27-51.