¹ tn The verb means “to crush.” S. R. Driver notes that in this context this would probably mean with an unfair judgment in the courts (Exodus, 239).

² tn “Hurt unfairly” conveys a better sense of the seriousness of the offense against the Israelite than “treated unfairly,” which can sometimes refer to slight offenses, or “wronged,” which can refer to offenses that do not involve personal violence, as this one probably did.

¹ tn Heb “a scale and balances of justice.” This is an attributive genitive, meaning “just scales and balances.” The law required that scales and measures be accurate and fair (Lev 19:36; Deut 25:13). Shrewd dishonest people kept light and heavy weights to make unfair transactions.

¹ tn The precise meaning of this line is uncertain. The present translation assumes that מִן (min) here has an instrumental sense (“by, through”) and understands עֹצֶר וּמִמִּשְׁפָּט (ʿotser umimmishpat, “coercion and legal decision”) as a hendiadys meaning “coercive legal decision,” thus “an unjust trial.” Other interpretive options include: (1) “without [for this sense of מִן, see BDB 578 s.v. 1.b] hindrance and proper judicial process,” i.e., “unfairly and with no one to defend him,” (2) “from [in the sense of “after,” see BDB 581 s.v. 4.b] arrest and judgment.”

³ sn Some (e.g., H. M. Orlinsky, “The So-called ‘Suffering Servant’ in Isaiah 53, 22, ” VTSup 14 [1967]: 3-133) object to this legal interpretation of the language, arguing that it would be unjust for the righteous to suffer for the wicked and for the wicked to be declared innocent. However, such a surprising development is consistent with the ironic nature of this song. It does seem unfair for the innocent to die for the guilty. But what is God to do when all have sinned and wandered off like stray sheep (cf. v. 6)? Covenant law demands punishment, but punishment in this case would mean annihilation of what God has created. God’s justice, as demanded by the law, must be satisfied. To satisfy his justice, he does something seemingly unjust. He punishes his sinless servant, the only one who has not strayed off! In the progress of biblical revelation, we discover that the sinless servant is really God in the flesh, who offers himself because he is committed to the world he has created. If his justice can only be satisfied if he himself endures the punishment, then so be it. What appears to be an act of injustice is really love satisfying the demands of justice!

¹ tn The verb תָּפַשׂ (taphas) means “to sieze, grab.” In all other examples this action is done against another person’s will, as in being captured, arrested, attacked, or grabbed with insistence (e.g. 1 Sam 23:26; 1 Kgs 13:4; 18:40; 2 Kgs 14:13; 25:6; Isa 3:6; Jer 26:8; 34:3; 37:13; 52:9; Ps 71:11; 2 Chr 25:23.) So it may be that the man is forcing himself on her, which is what leads the NIV to translate the next verb as “rape,” although it is a neutral euphemism for sexual relations. However, this is the only case where the object of תָּפַשׂ is a woman and the verb also also refers to holding or handling objects such as musical instruments, weapons, or scrolls. So it possible that it has a specialized, but otherwise unattested nuance regarding sexual or romantic relations, as is true of other expressions. Several contextual clues point away from rape and toward a consensual relationship. (1) The verb which seems to express force is different from the verb of force in the rape case in v. 25. (2) The context distinguishes consequences based on whether the girl cried out, an expression of protest and a basis for distinguishing consent or force. But this case law does not mention her outcry which would have clarified a forcible act. While part of what is unique in this case is that the girl is not engaged, it is reasonable to expect the issue of consent to continue to apply. (3) The penalty is less than that of a man who slanders his new wife and certainly less than the sentence for rape. (4) The expression “and they are discovered” at the end of v. 28 uses the same wording as the expression in v. 22 which involves a consensual act. (5) Although from a separate context, the account of the rape of Dinah seems to express the Pentateuch’s negative attitude toward forcible rape, not in advocating for Simeon and Levi’s actions, but in the condemnation included in the line Gen 34:7 “because he has done a disgraceful thing in Israel.” This is very like the indictment in v. 21 against the consenting woman, “because she has done a disgraceful thing in Israel.” (6) The penalty of not being allowed to divorce her sounds like v. 19, where the man is punished for disgracing his wife unfairly. His attempted divorce fails and he must provide for her thereafter (the probable point of not being allowed to divorce her.) Here too, if his holding her is not forced, but instead he has seduced her, he is not allowed to claim that his new wife is not pure (since he is the culprit) and so he must take responsibility for her, cannot divorce her, and must provide for her as a husband thereafter.