Exodus 22:12
Ver. 12. And if it be stolen from him,.... Or "but if" {x} it was taken away by theft; and that "from with him" {y}, as it may be literally rendered, from among his own cattle, and they not taken; and he being present, pretending to have an eye upon them and keep them, but was careless and negligent, at least, if he did not connive at the theft:
he shall make restitution to the owner thereof; for in such a case there was ground for suspicion of fraud; however, there was apparent carelessness, and it was but just he should make restitution, since he had hire or wages for keeping it; which is the reason Aben Ezra gives for it, and is suggested by the Targum of Jonathan; which adds to the former clause, by way of explanation,
"that which was with him to be kept for a reward.''
{x} Ma yk "si autem", Drusius. {y} wmem "e cum eo", Montanus. Exodus 22:13Ver. 13. If it be torn in pieces,.... By some wild beast, at least as pretended:[then] let him bring it for witness; part of that which is torn, that it may be witness for him that it was torn, as in Am 3:12 as Aben Ezra observes; and so the Jerusalem Targurn,"let him bring of the members of it a witness,''which would make it a clear case that it had been so used; but it is possible that the whole carcass might be carried off, and nothing remain to be brought as a proof of it; wherefore the Targum of Jonathan is,"let him bring witnesses;''and so some versions render it {z}; and to this agrees Jarchi, whose note is,"let him bring witnesses of its being torn by violence, and he is free,''such who saw it done; but it is before supposed, that such cattle may be hurt, broken, or maimed, no man seeing it, Ex 22:10 and therefore in such a case no witnesses could be brought, wherefore the first sense seems best:[and] he shall not make good that which was torn; or shall not pay for it, pay the price of it, as much as it is worth. Here Jarchi distinguishes,"there is that which is torn, for which a man pays, and there is that which is torn, for which he does not pay; that which is torn by a cat, or a fox, or a marten (a kind of weasel), he pays for, but that which is torn by a wolf, a lion, or a bear, he does not pay for:''the reason of which is, because it is thought the keeper might have preserved and delivered from the former, and therefore was culpable, when it was not in his power to save from the latter; and the Misnic doctors observe, that one wolf is not violence, but two are; so that what is torn by one, the keeper is bound to pay for, but not what is torn by more. But two dogs are not violence, unless they come from two different quarters, and then they are: a single thief is violence, and so is a lion, a bear, a leopard, a basilisk, and a serpent, and this only when they come willingly, and of themselves; but if they (the cattle) are brought to places where there are troops of wild beasts, and thieves, it is no violence {a}, and in such a case the keepers are liable to pay; and so unless he makes use of staves, and calls in other shepherds to his assistance, as Maimonides {b} observes, when it is in his power to do it; and so at least might make an attempt to save or rescue the cattle.{z} de whaby "adducet eum testem", Pagninus, Montanus; "adducat ille testem", Munster, Fagius. {a} Misn. Bava Metzia, c. 7. sect. 9. {b} Hilchot Shecirat, c. 3. sect. 6. Exodus 22:14Ver. 14. And if a man borrow [ought] of his neighbour,.... Any beast, as it should seem, as an ox to plough with, an ass, horse, or camel to ride on, though the Jewish writers carry it also to any kind of household stuff:and if he be hurt or die; if any damage comes to it, or it dies while it is in the borrower's hands, and when employed in that work for which he borrowed it; the Targum of Jonathan is,"and the vessel should be broke, or the beast die:''and the owner thereof being not with it; at the time of its being hurt, or of its death, and so could not be so well satisfied whether used well or not, nor how the damage and death came to it:he shall surely make it good; pay the full price for it it is worth; which, though it may seem hard, was necessary, in order to make men careful of things they borrowed, and that lenders may not be losers for their kindness. Exodus 22:15Ver. 15. But if the owner thereof be with it,.... When it is hurt or dies; for in some cases the owner might go along with his beast, being borrowed or hired to do work with it; or, however, being upon the spot, must be satisfied that it was not ill used; and it may be reasonably presumed he would do all he could to preserve it: and this being the case,he shall not make it good; that is, the borrower, but the loss would lie upon the lender; seeing this might have been the case if it had been at home, and not borrowed or lent. The Jewish writers understand all this in a different manner, that if the owner is not with it in the time of borrowing, though he is with it in the time of its being hurt, or of its death, the borrower must pay; but if he was with it in the time of borrowing, though not in the time of its receiving damage, or of its death, the borrower was free {c}; for, as Jarchi says, whether it be in that work (for which he was borrowed), or in another work (it matters not), if he was with it at the time of borrowing, there was no necessity of his being with it at the time of its hurt or death. The reason of which, I must confess, I do not understand; unless the meaning is, that it was necessary that the owner, and the beast, should be both borrowed or hired together; and which indeed seems to be the sense of the Misnah, or tradition {d}, which runs thus,"if a man borrows a cow, and borrows or hires its owner with it; or if he hires or borrows the owner, and after that borrows the cow, and it dies, he is free, as it is said, Ex 22:15 but if he borrows the cow, and afterwards borrows or hires the owner, and it dies, he is bound to pay, as it is said, Ex 22:13 if his owner is not with it, &c.''If it be an hired thing, it came for its hire; that is, if the beast which was come to some damage, or was dead, was hired, and not borrowed, then, whether the owner was with it or not at that time, he could demand no more than hire, and the person that hired it was obliged to pay that and no more; or if the owner himself was hired along with his beast, and so was present when it received its damage, or its death, nothing more could come to him than what he agreed for.{c} Misn. Bava Metzia, c. 8. sect. 1. Maimon. & Bartenora in ib. {d} Ibid. Exodus 22:16Ver. 16. And if a man entice a maid, that is not betrothed,.... For one might be betrothed according to the custom of those times, and not be married, or the nuptials consummated, and so be yet a maid or virgin; but being betrothed, it made the case different, because such an one was as a wife to a man: but the case here supposed is of a maid not betrothed, and also not forced, but yielding to the solicitations of a man, as is implied by her being enticed; which signifies his gaining upon her affections, and obtaining her consent by expressing strong affection for her, and making large promises to her, and so both by words and gestures prevailing with her to yield to his desire:and lie with her; in a way of carnal copulation; and such an action between two single persons, by consent, is what is called simple fornication: if this was done in a field, the maid was supposed to be forced, since there she might cry out, and not be heard; but if in a city, she is supposed to be enticed, and consent, since if she cried out she might be heard; this the Jewish writers gather from De 22:23, though the law there respects a betrothed damsel:he shall surely endow her to be his wife; give her a dowry in order to be his wife, or, however, such an one as he would or must give if she became his wife, even one suitable to her rank and dignity, whether he married her or not; for he was not obliged to it whether he would or not, and in some cases could not if he would, as follows. Exodus 22:17Ver. 17. If her father utterly refuse to give her unto him,.... For wife, either because of his character, family, or circumstances; or, however, being disagreeable to him on one account or another, and therefore will by no means agree to marry his daughter to him, and not only give him an absolute denial, but resolutely persist in it: the Targum of Jonathan has it,"if it seems not good to him;''if he do not like nor choose to marry her; and some add also, if she herself do not approve of marrying him:he shall pay money according to the dowry of virgins; as virgins on marriage have usually given them, according to their rank and dignity: here is no sum fixed, but the Targum of Jonathan is,"he shall be mulcted in fifty shekels of silver,''which is taken from De 22:29 though that seems to be not altogether a like case with this; for though it respects a virgin not betrothed, as here, yet one that has been forced, and therefore the man was obliged to marry her, and never put her away; and the mulct or fine was to be paid to the damsel's father and not to her: the Septuagint version here says, it was to be paid to the father. Exodus 22:18Ver. 18. Thou shall not suffer a witch to live. Such that had familiar spirits, and conversed with them, and by means thereof got knowledge of many things relating to persons, at least pretending they did; and who did or seemed to do many strange and surprising feats, as even to raise the spirits of departed persons, to converse with them and gain knowledge by them, though in reality they did not, and could not do such things, but used some juggling tricks to deceive the people, and in which they might be assisted by evil spirits; as appears from the case of the witch of Endor, who was surprised at the appearance of Samuel, it being out of the ordinary course of her art and practice really to bring up the spirit of a man deceased, whatever pretensions might be made to it; however, such being deceivers of the people, and leading them into unwarrantable practices, and off of a dependence on God and his providence, and from seeking to him, and asking counsel of him, they are by this law condemned to death, such an one was not to be suffered to live; not that it was lawful for anybody to kill her, or that any private person might or must do it that knew her, or took her to be a witch; but she was to be had before a court of judicature and tried there, and, if found guilty, to be put to death by the civil magistrate: so Jarchi's note is,"but she shall die by the house of judgment;''or the sanhedrim; for these words are spoken to Moses the chief judge, and to those that were under him, and succeeded him and them; though the Targum of Jonathan prefaces them thus:"and my people, the children of Israel, thou shalt not, &c.''and though only a witch is mentioned, or this is only expressed in the feminine gender, because a multitude of this sort of people were found among women, as Ben Melech observes, and so Aben Ezra; yet wizards, or men that dealt with familiar spirits, are included; and it may be reasonably concluded from hence, that if women, who generally have more mercy and compassion shown them, yet were not suffered to live when found criminal in this way, then much less men: and this law is thought by some to follow upon the other, concerning enticing and lying with a virgin not betrothed; because such sort of persons were made use of to entice and decoy maids to gratify the lusts of men. Exodus 22:19Ver. 19 Whosoever lieth with a beast,.... In like manner as a man and woman, by carnal copulation; this is a crime so detestable and abominable, so shocking and dishonourable to human nature, that one would think it could never be committed by any of the human species, and that there was no occasion for making a law against it; but, such is the depravity and corruption of mankind, that divine wisdom saw it necessary, and, to deter from it, made it death, as follows; such an oneshall surely be put to death; no mercy shown him, no pardon or respite given him by the civil magistrate: according to the Targum of Jonathan, the death of such a person was by stoning, for it paraphrases the words,"he shall be killed with the casting of stones.'' Exodus 22:20Ver. 20. He that sacrificeth unto [any] god,.... To Elohim, to strange gods, to the idols of the people, as the Targum of Jonathan; to the Egyptian deities, to the gods of the Moabites, Amorites, Edomites, Canaanites, Philistines, or any other: Aben Ezra says the word Elohim comprehends angels; and by the exceptive clause it is plain it takes in all that had been, were, or ever would be the objects of idolatrous worship, especially the sun, moon, and stars, the principal objects of worship in those days:save unto the Lord only; the true and living God; Jehovah, the self-existent, immutable, and eternal Being; the Creator of all things, the possessor of heaven and earth, the most high God, and the only one: sacrificing takes in all the acts of service performed to an idol as to the true God, as offering incense, pouring out a libation, as well as slaying and burning an animal as Jarchi observes: he shall be utterly destroyed; be accursed, anathematized, devoted to destruction, as the word used signifies: the Targum of Jonathan is,"he shall be killed with the sword, and his goods consumed,''not only lose his life but his substance, and so be destroyed in body and estate. Exodus 22:21Ver. 21. Thou shall not vex a stranger,.... One that is not born in the same country, but comes into another country to sojourn, as Jarchi; not a native of the place, but of another kingdom or country; a stranger to the commonwealth of Israel, that is only in it for a time on trade and business, or through one providence or another; or else a proselyte is meant, not a proselyte of righteousness, who has embraced the true religion; but a proselyte of the gate, that takes upon him the commands of the sons of Noah; or, as Aben Ezra here expresses it, who takes upon him not to serve idols; such were allowed to dwell among the Israelites, and they were to carry it friendly and kindly to them, and "not vex" them, nor irritate them with words, as the Targum of Jonathan, and so Jarchi; by calling them names, Gentiles, uncircumcised persons, and the like; upbraiding them with their country, ignorance, and manner of life; they were not to say to a proselyte, as Ben Melech observes, remember thy former works; or, if the son of a proselyte, remember thy father's works:nor oppress him; by taking his goods, as the above Targum, and so Jarchi; by refusing to assist him with advice or otherwise, to trade with him, or to give him lodging, and furnish him with the necessaries of life:for ye were strangers in the land of Egypt: out of which they were but just come, and therefore such a reason must be very striking and moving upon them: the Targum of Jonathan prefaces it,"and my people, the house of Israel, remember that ye were strangers, &c.''this they could not have forgot in so short a time, and the remembrance of this should move their compassion to strangers hereafter, when they came to settle in their own land; and therefore, as they would that men should have done to them when in such circumstances, the same they should do to others; and besides, the remembrance of this would serve to abate their pride and vanity, and their overbearing disposition. Exodus 22:22Ver. 22. Ye shall not afflict any widow or fatherless child. Who have no friends, husband, or father to be on their side and protect them, and are weak and helpless to defend themselves, and therefore it must be barbarous to do them any injury, either to their persons or property; no one ought to be afflicted and distressed by another, either in body or mind, or substance, and especially such as have no helper, not any to assist them and sympathize with them; for this is a law for every man, as Jarchi observes, is binding upon all; only the Scripture speaks of these, because of their weakness, and because they are more frequently afflicted than others, cruel and unmerciful men taking the advantage of their inability to defend themselves. Exodus 22:23Ver. 23. If thou afflict them in any wise,..... In any way, or by any means whatever; their minds, by reproaches, censures, insults, and their bodies by stripes, false imprisonment, &c. and in their substance, by withholding from them what belongs to them, taking what they have, or cheating and defrauding them in any respect; or, "in afflicting afflict them" {e}; afflict them much, and continue to do so:and they cry at all unto me; in prayer, as the Targum of Jonathan; or, "in crying cry" {f}; cry vehemently, or importunately, and with constancy, or rather, cry ever so little:I will surely hear their cry; the voice of their prayer, as the same Targum; or, "in hearing I will hear" {g}; will certainly take notice of their cries, and return an answer to them, by appearing on their side, and avenging their injuries; for God is the Father of the fatherless, and the husband of the widow, and the Judge of them both: the manner of speaking or form of expression is the same in all these clauses, the words being doubled.{e} hnet hne "affligendo afflixeris", Pagninus, Piscator, Ainsworth, Montanus, Junius & Tremellius. {f} qeuy qeu "clamando clamaverit", Pagninus, Montanus, Piscator, Ainsworth. {g} emva emv "audiendo audiam", Pagninus, Montanus, Piscator, Ainsworth. Exodus 22:24Ver. 24. And my wrath shall wax hot,.... Against those that afflict them, being so devoid of humanity, compassion, and tenderness, and so guilty of oppression and injustice, which are aggravated by the circumstances of the persons they ill treat, and therefore the more provoking to God:and I will kill you with the sword; with the sword of death, says the Targum of Jonathan; it designs one of God's sore judgments, the sword of an enemy; the meaning is, that when such evils should become frequent among them, God would suffer a neighbouring nation to break in upon them in an hostile way, and put them to the sword; hence it follows:and your wives shall be widows, and your children fatherless; be in the same circumstances with those they have injured, and therefore should consider not only the destruction that would come upon themselves, being cutoff by the sword, but the case of their families; and how, could they be sensible of it, they would like to have their wives and children used as they have used the widows and fatherless. Exodus 22:25Ver. 25. If thou lend money to any of my people that is poor by thee, &c,] Such only need to borrow money, and to whom it should be freely lent, when it may be to the good of the borrower, and not any injury to the lender: this law, according to the Jewish writers, only respects Israelites, and not Gentiles; agreeably to which is Jarchi's note,"if thou lend, that is, not to a Gentile; and to which of my people? the poor, and to which of the poor? that is with thee:''thou shalt not be to him as an usurer; that will not lend without usury, nor without an exorbitant interest, and deals very hardly with the borrower if he is not punctual in the payment of it; the Israelites were not only not to be usurers, but they were not to be like them; they were not to require anything for lending a poor man a little money; as not any settled interest, so neither were they to take any previous gift or reward later, see Lu 6:34neither shalt thou lay upon him usury; or oblige him to give interest for money borrowed: it is in the plural, number, "neither shall ye lay"; and Aben Ezra observes, that the lender, scribe, and witness, all transgress this law; that is, when a man lends money on interest, and a bond is made by the scribe for it, and this signed by witnesses, all are guilty of the breach of it: yea, some Jewish writers {h} say, not only those, but whoever is a surety or bondsman for the payment, and even the borrower himself, See Gill on "Ps 15:5".{h} Misn. Bava Metzia, c. 5. sect. 11. Maimon. & Bartenora in ib. Exodus 22:26Ver. 26. If thou at all take thy neighbour's raiment to pledge,.... So that it seems that the lender, though he might not impose usury on the borrower, or oblige him to pay interest for what he lent him, yet for the security of his money he might take his clothes, either his bed clothes or wearing apparel, or any instruments or goods of his; but when he did, he was bound to what follows:thou shalt deliver it to him by that the sun goeth down; the reason of which appears in the next verse, with respect to his bed clothes, should that be the pledge: but Jarchi interprets it, not of his nocturnal clothes, but of his apparel in the daytime, and paraphrases it thus,"all the day thou shalt restore it to him until the setting of the sun; and when the sun is set, thou shalt return and take it until the morning of the morrow comes; the Scripture speaks of the covering of the day, of which there is no need at night;''but rather night clothes are meant by what follows. Exodus 22:27Ver. 27. For that is his covering only,.... All that he has to cover him, the only covering he has when he lies down to sleep; and therefore should be restored to him by the time of sunset, at which time he returns from his labour; and after some refreshment retires to his bed for rest, when his covering will be necessary:it is his raiment for his skin; which is next to his skin, and covers his naked body, as it is when he lies down to sleep; and therefore if not returned, he must lie naked without any covering, which to deprive him of would be cruel: Jarchi interprets this covering of his shirt, but it rather means his bed clothes: the Septuagint version calls it the clothes of his shame, what cover and hide the shame of nakedness:wherein shall he sleep? what shall he have to sleep in if this is detained from him? nothing at all; or it may be read without an interrogation, wherein he should sleep, or was used to sleep:and it shall come to pass, when he crieth unto me; and complains of ill usage, that he has nothing to cover him in the night season, when he lies down to sleep, which is very uncomfortable, as well as unhealthful and dangerous:that I will hear; his cry and complaint, take notice of it, and resent the usage of him:for I am gracious; or merciful; and therefore everything cruel and uncompassionate is disagreeable, and even abominable to him, and he will take care in his providence that the injured person shall be redressed and the injurer punished. Exodus 22:28Ver. 28. Thou shalt not revile the gods,.... Meaning not the idols of the Gentiles, which they reckon gods, and worship as such; which is the sense of Philo, and some others, particularly Josephus {i}, who, to curry favour with the Roman emperors given to idolatry, has from hence inserted the following among the laws given to Moses;"let no man blaspheme the gods, which other cities think are such, nor rob strange sacred places, nor receive a gift dedicated to any deity;''but this cannot be the sense of the text, being contrary to De 12:2 nor can it be thought that care should be taken, lest the honour of the Heathen deities should be detracted from; but civil magistrates, the judges of the land, and the like, are meant, who are powers ordained of God, are in his stead, and represent him, and therefore respect should be shown them; nor should they be treated with any degree of slight and contempt, which may discourage and intimidate them, and deter them from the execution of their office: the Targum of Jonathan interprets them of judges very rightly, agreeably to Ps 82:1 and so Aben Ezra says,"they are the judges and the priests, the sons of Levi, with whom the law is:''nor curse the ruler of thy people whether civil or ecclesiastic; the last mentioned Jewish writer intend of the king, who is the supreme ruler in things civil, and ought to be honoured and loved, served and obeyed, and not hated and cursed, no, not secretly, not in the bedchamber, nor in the thought of the heart, since not only the thing is criminal but dangerous; it is much if it is not discovered, and then ruin follows upon it, Ec 10:20. The Apostle Paul applies it to the high priest among the Jews, who was the ruler in sacred things, Ac 23:5 and may be applicable to the prince of the sanhedrim, or chief in the grand court of judicature; and even to all dignified persons, who ought not to be spoken ill of, and to be abused in the execution of their office, and especially when they perform well.{i} Antiqu. l. 4. c. 8. sect. 10. Contr. Apion. 1. 2. c. 33. Exodus 22:29Ver. 29. Thou shall not delay to offer the first of thy ripe fruits,.... Which, according to Maimonides {k}, were of seven kinds only; for he says,"they do not bring the firstfruits, but of the seven kinds, said in the praise of the land, (the land of Canaan), De 8:8 and they are wheat, barley, grapes, figs, pomegranates, olives, and dates;''and how much of these were to be offered is not fixed by the law, but were left to the generosity of the people: the above mentioned writer asks {l},"what measure do the wise men set? a good eye (or a bountiful man) brings one of forty (or the fortieth part of his fruits); a middling one (one that is neither liberal nor niggardly) brings one of fifty (or the fiftieth part); and an evil one (a covetous man) one of sixty (or the sixtieth part), but never less than that.''Now this was not to be delayed, but to be brought as soon and as early as could be: the Jewish writers seem to understand this of postponing things, or inverting the order of them, bringing that first which should be last, and that last which should be first; so Jarchi interprets it,"thou shall not change the order of their separation, to postpone that which should be first, and to put before that which should be last; for the first oblation should not be brought before the firstfruits, and the tithes before the first oblation.''And thus runs one of their canons or traditions {m},"if anyone brings the first oblation before the firstfruits, the first tithe before the first oblation, the second tithe before the first, it is as if he transgressed a negative precept: "thou shalt not delay or postpone", &c. Ex 22:29'And of thy liquors: and these, according to Maimonides {n}, were only the firstfruits of liquors of olives and grapes:the firstborn of thy sons thou shall give unto me; which is a repetition of the law. See Gill on "Ex 13:2".{k} Hilchot Biccurim, c. 2. sect. 2. {l} Hilchot Trumot, c. 3. sect. 2. {m} Misn. Trumot, c. 3. sect. 6. {n} Biccurim, ut supra. ({k}) Exodus 22:30Ver. 30. Likewise shalt thou do with thine oxen, and with thy sheep,.... That is, with the firstborn, which were to be set apart to the Lord; and so the Targum of Jonathan paraphrases it,"the firstborn of thine oxen, and of thy sheep;''for having spoken of the firstborn of men, the Scripture proceeds to speak of the firstborn of cattle, great and small, the separation of which was enjoined in one and the same precept, Ex 13:2,seven days it shall be with his dam; whether it be a calf or a lamb; before it was seven days old it was not to be taken from it, and given to the Lord:on the eighth day thou shall give it me; that is, they might do it then, but not before; yet they were not obliged to bring it exactly on that day, but they might do it any time within the month, and at a month's end they were obliged to redeem it, that is, give the priest the sum of five shekels for it, Nu 18:16. The Jewish canon runs thus {n};"how long are Israelites bound for the bringing of the firstborn, i.e. before they offer it to the priest? in small cattle thirty days, in large cattle fifty days.''{n} Misn. Becorot, c. 4. sect. 1. Exodus 22:31Ver. 31. And ye shall be holy men unto me,.... They were so by God's act of election, not special and particular, but general and national; choosing and separating them to be an holy people to him, above all the people on the face of the earth, and in a ceremonial sense they observing laws and appointments of God of this kind; which is the sense here intended, as appears by what follows: all men, and so these Israelites, ought to be holy in a moral sense, and some are holy in a spiritual and evangelical sense, being made holy by the Spirit of God; of these the Apostle Peter speaks, in allusion to this, and such like passages, 1Pe 2:9neither shall ye eat any flesh that is torn of beasts in the field; or in the house, as Jarchi notes; but the Scripture, as he observes, speaks of the place where it is more usual for beasts to tear, and so Aben Ezra; otherwise what is torn elsewhere, or by whatsoever accident it is bruised and maimed, was not to be eaten: ye shall cast it to the dogs: for even a stranger was not to eat of it, or if he did he was unclean, and was obliged to wash his clothes, and bathe himself, Le 17:15 and yet Jarchi interprets this figuratively of such as are like dogs, meaning the Gentiles, whom the Jews used to call so, see Mt 15:26. An Heathen poet gives instructions perfectly agreeable to this law;"do not (says he) eat flesh fed upon by beasts, but leave the remains to the swift dogs {o}.''{o} mhde ti yhroboron &c. Phocylides, ver. 136, 137.
John Gill's Exposition of the Entire Bible.