21:2 1 “If you buy 2 a Hebrew servant, 3 he is to serve you for six years, but in the seventh year he will go out free 4 without paying anything. 5 21:3 If he came 6 in by himself 7 he will go out by himself; if he had 8 a wife when he came in, then his wife will go out with him. 21:4 If his master gave 9 him a wife, and she bore sons or daughters, the wife and the children will belong to her master, and he will go out by himself.
21:7 “If a man sells his daughter 10 as a female servant, 11 she will not go out as the male servants do. 21:8 If she does not please 12 her master, who has designated her 13 for himself, then he must let her be redeemed. 14 He has no right 15 to sell her to a foreign nation, because he has dealt deceitfully 16 with her.
1 sn See H. L. Elleson, “The Hebrew Slave: A Study in Early Israelite Society,” EvQ 45 (1973): 30-35; N. P. Lemche, “The Manumission of Slaves – The Fallow Year – The Sabbatical Year – The Jobel Year,” VT 26 (1976): 38-59, and “The ‘Hebrew Slave,’ Comments on the Slave Law – Ex. 21:2-11,” VT 25 (1975): 129-44.
2 tn The verbs in both the conditional clause and the following ruling are imperfect tense: “If you buy…then he will serve.” The second imperfect tense (the ruling) could be taken either as a specific future or an obligatory imperfect. Gesenius explains how the verb works in the conditional clauses here (see GKC 497 §159.bb).
3 sn The interpretation of “Hebrew” in this verse is uncertain: (l) a gentilic ending, (2) a fellow Israelite, (3) or a class of mercenaries of the population (see W. C. Kaiser, Jr., “Exodus,” EBC 2:431). It seems likely that the term describes someone born a Hebrew, as opposed to a foreigner (S. R. Driver, Exodus, 210). The literature on this includes: M. P. Gray, “The Habiru-Hebrew Problem,” HUCA 29 (1958): 135-202.
4 sn The word חָפְשִׁי (khofshi) means “free.” It is possible that there is some connection between this word and a technical term used in other cultures for a social class of emancipated slaves who were freemen again (see I. Mendelsohn, “New Light on the Hupsu,” BASOR 139 [1955]: 9-11).
5 tn The adverb חִנָּם (hinnam) means “gratis, free”; it is related to the verb “to be gracious, show favor” and the noun “grace.”
6 tn The tense is imperfect, but in the conditional clause it clearly refers to action that is anterior to the action in the next clause. Heb “if he comes in single, he goes out single,” that is, “if he came in single, he will go out single.”
7 tn Heb “with his back” meaning “alone.”
8 tn The phrase says, “if he was the possessor of a wife”; the noun בַּעַל (ba’al) can mean “possessor” or “husband.” If there was a wife, she shared his fortunes or his servitude; if he entered with her, she would accompany him when he left.
9 sn The slave would not have the right or the means to acquire a wife. Thus, the idea of the master’s “giving” him a wife is clear – the master would have to pay the bride price and make the provision. In this case, the wife and the children are actually the possession of the master unless the slave were to pay the bride price – but he is a slave because he got into debt. The law assumes that the master was better able to provide for this woman than the freed slave and that it was most important to keep the children with the mother.
10 sn This paragraph is troubling to modern readers, but given the way that marriages were contracted and the way people lived in the ancient world, it was a good provision for people who might want to find a better life for their daughter. On the subject in general for this chapter, see W. M. Swartley, Slavery, Sabbath, War, and Women, 31-64.
11 tn The word אָמָה (’amah) refers to a female servant who would eventually become a concubine or wife; the sale price included the amount for the service as well as the bride price (see B. Jacob, Exodus, 621). The arrangement recognized her honor as an Israelite woman, one who could be a wife, even though she entered the household in service. The marriage was not automatic, as the conditions show, but her treatment was safeguarded come what may. The law was a way, then, for a poor man to provide a better life for a daughter.
12 tn Heb “and if unpleasant (רָעָה, ra’ah) in the eyes of her master.”
13 tn The verb יָעַד (ya’ad) does not mean “betroth, espouse” as some of the earlier translations had it, but “to designate.” When he bought the girl, he designated her for himself, giving her and her family certain expectations.
14 tn The verb is a Hiphil perfect with vav (ו) consecutive from פָדָה (padah, “to redeem”). Here in the apodosis the form is equivalent to an imperfect: “let someone redeem her” – perhaps her father if he can, or another. U. Cassuto says it can also mean she can redeem herself and dissolve the relationship (Exodus, 268).
15 tn Heb “he has no authority/power,” for the verb means “rule, have dominion.”
16 sn The deceit is in not making her his wife or concubine as the arrangement had stipulated.