² tn Heb “The two families which the Lord chose, he has rejected them.” This is an example of an object prepositioned before the verb and resumed by a redundant pronoun to throw emphasis of focus on it (called casus pendens in the grammars; cf. GKC 458 §143.d). Some commentators identify the “two families” as those of David and Levi mentioned in the previous verses, and some identify them as the families of the Israelites and of David mentioned in the next verse. However, the next clause in this verse and the emphasis on the restoration and regathering of Israel and Judah in this section (cf. 33:7, 14) show that the reference is to Israel and Judah (see also 30:3, 4; 31:27, 31 and 3:18).

³ sn S. R. Driver (Exodus, 29) suggests that the term “Levite” may refer to a profession rather than ancestry here because both Moses and Aaron were from the tribe of Levi and there would be little point in noting that ancestry for Aaron. In thinking through the difficult problem of the identity of Levites, he cites McNeile as saying “the Levite” referred to one who had had official training as a priest (cf. Judg 17:7, where a member of the tribe of Judah was a Levite). If it was the duty of the priest to give “torah”—to teach—then some training in the power of language would have been in order.

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.

¹ sn The tax booth was a booth located at a port or on the edge of a city or town to collect taxes for trade. These taxes were a form of customs duty or toll applied to the movement of goods and produce brought into an area for sale. As such these tolls were a sort of “sales tax” paid by the seller but obviously passed on to the purchaser in the form of increased prices (L&N 57.183). The system as a whole is sometimes referred to as “tax farming” because a contract to collect these taxes for an entire district would be sold to the highest bidder, who would pay up front, hire employees to do the work of collection, and then recoup the investment and overhead by charging commissions on top of the taxes. Although rates and commissions were regulated by law, there was plenty of room for abuse in the system through the subjective valuation of goods by the tax collectors, and even through outright bribery. Tax overseers and their employees were obviously not well liked. There was a tax booth in Capernaum, which was on the trade route from Damascus to Galilee and the Mediterranean. It was here that Jesus met Matthew (also named Levi [see Mark 2:14, Luke 5:27]) who, although indirectly employed by the Romans, was probably more directly responsible to Herod Antipas, the tetrarch of Galilee appointed by Rome. It was Matthew’s job to collect customs duties for Rome and he was thus despised by his fellow Jews, many of whom would have regarded him as a traitor.

³ sn Like the naming of Moses, this naming that incorporates a phonetic wordplay forms the commemorative summary of the account just provided. Moses seems to have settled into a domestic life with his new wife and his father-in-law. But when the first son is born, he named him גֵּרְשֹׁם (gereshom or gershom). There is little information available about what the name by itself might have meant. If it is linked to the verb “drive away” used earlier (גָּרַשׁ, garash), then the final mem (מ) would have to be explained as an enclitic mem. It seems most likely that that verb was used in the narrative to make a secondary wordplay on the name. The primary explanation is the popular etymology supplied by Moses himself. He links the name to the verb גּוּר (gur, “to sojourn, to live as an alien”). He then adds that he was a sojourner (גֵּר, ger, the participle) in a foreign land. The word “foreign” (נָכְרִיּה, nokhriyyah) adds to the idea of his being a resident foreigner. The final syllable in the name would then be connected to the adverb “there” (שָׁם, sham). Thus, the name is given the significance in the story of “sojourner there” or “alien there.” He no doubt knew that this was not the actual meaning of the name; the name itself had already been introduced into the family of Levi (1 Chr 6:1, 16). He chose the name because its sounds reflected his sentiment at that time. But to what was Moses referring? In view of naming customs among the Semites, he was most likely referring to Midian as the foreign land. If Egypt had been the strange land, and he had now found his place, he would not have given the lad such a name. Personal names reflect the present or recent experiences, or the hope for the future. So this naming is a clear expression by Moses that he knows he is not where he is supposed to be. That this is what he meant is supported in the NT by Stephen (Acts 7:29). So the choice of the name, the explanation of it, and the wordplay before it, all serve to stress the point that Moses had been driven away from his proper place of service.