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Exodus 12:48

Context

12:48 “When a foreigner lives 1  with you and wants to observe the Passover to the Lord, all his males must be circumcised, 2  and then he may approach and observe it, and he will be like one who is born in the land 3  – but no uncircumcised person may eat of it.

Exodus 21:22

Context

21:22 “If men fight and hit a pregnant woman and her child is born prematurely, 4  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. 5 

1 tn Both the participle “foreigner” and the verb “lives” are from the verb גּוּר (gur), which means “to sojourn, to dwell as an alien.” This reference is to a foreigner who settles in the land. He is the protected foreigner; when he comes to another area where he does not have his clan to protect him, he must come under the protection of the Law, or the people. If the “resident alien” is circumcised, he may participate in the Passover (S. R. Driver, Exodus, 104).

2 tn The infinitive absolute functions as the finite verb here, and “every male” could be either the object or the subject (see GKC 347 §113.gg and 387 §121.a).

3 tn אֶזְרָח (’ezrakh) refers to the native-born individual, the native Israelite as opposed to the “stranger, alien” (S. R. Driver, Exodus, 104); see also W. F. Albright, Archaeology and the Religion of Israel, 127, 210.

4 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.

5 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.



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