The Pulpit Commentary — Exodus — Volume 2 — Section 160

to t.he IJobrew pmct.ice. The Hebrew her ns a secondary wife, and not curryino- out custom - probably a very ancient one- the contract. " Rcc111s to have hnd two objects-I. The Ver. 9.-And if ho hath betrothed her nnt? dcd11ring by a significant act, that the man his 110n. A man might have bouJ.!;hl, th., belonged to the houso ; and 2. The per- maiden for this object, or finding himself not manent marking of him as a slnve, dis- pleased with her (ver. 8), might h1tve marle entitled to the rights of freemen. He shall his son take his place as her husband. Jn this serve him for ever. Josephus (.Ant. Ju.d. iv. case but one course we.a allowed-he must give 8, § 20) and the Jewish commentators her the sto.tns of a daughter thenceforth in generally maintain that the law of the his family. jubilee release overruled this enactment; but Ver. 10.-Ilhe take him aru,ther wife--i.e., this must be regarded e.s very doubtful. If he marry her himself, and then take an- Ver. 7.-Il a man sell his daughter to be a other, even e. legitimate, wife-her food, her me.id-servant. Among ancient nations the raiment, and her dnty of marriage shall he father's rights over his children were gene- not diminish-he shall retain during her life rally regarded as including the right to sell all the privileges of a married woman-he them for slaves. In civilised nations the right shall not diminish aught from them. The was seldom exercised ; but what restrained word translated " duty of marriage " seems to men was rather a sentiment of pride than mean "right of cohabitation." any doubt of such sales being proper. Many Ver. 11.-If he do not these three unto barbarous nations, like the Thracians (Herod. her. Not the "three" points of the latter v. 6), made a regular practice of selling their part of ver. 10; but one of the three courses daughters. Even at Athens there was a time laid down in vers. 8, 9, and 10. She shall go when sales of children had been common out free---i.e., she shall not be retained as a (Plut. Vit. Solon. § 13). Existing custom, drudge, a mere maidservant, but shall return it is clear, sanctioned such sales among the to her father at once, e. free woman, capable Hebrews, and what the law now did was to of contracting another marriage ; and without step in and mitigate the evil consequences. money-i.e., without the father being called (Compare the comment on verse 2.) These upon to refund any portion of the sum for were greatest in the case of females. which be had sold her. Usually they were bought to be made the concubines, or secondary wives of their Vers.12-14.-Homicide. Ver.12 reiterates masters. If this intention were carried out, the Sixth Commandment, and adds to it a tem- then they were to be entitled to their statllS poral penalty-"beshall surely be pnt to death." and maintenance e.s wives during their life- The substance of this law had already been time, even though their husband took given to Noah in the words," W'b.oso sbeddeth another (legitimate) wife (ver. 10). If the mtention was not carried out, either the man man's blood, 'l>y man shall his blood be shea ·• was to marry her to one of his sons (ver. 9), (Gen. ix. 6). Real murder, with deliberate or he was to sell his rights over her altogether intent, was under no circumstances to be par- with his obligations to another Hebrew; or he doned. The murderer was even to be torn from was to send her back at once intact to her the altar, if he took refuge there, and relent- father's house, without making any claim on him to refund the purchase-money. These lessly punished (ver. 14). See the case of provisos may not have furnished a remedy Joab (1 Kings ii. 28-34). But, if a man against all the wrongs of a weak, and, no happened suddenly npon his enemy, without doubt, an oppressed class ; but they were im- having sought the opportunity, and slew him portant mitigations of the existing usages, (ver. 13), then the case was one not of and protected the slave-concubine to a con- murder, but at most of manslaughter, or pos- siderable extent, Ver. 8. 7 If she please not her master. If sibly of justifiable homicide. No legal penulty be decline, i.e., to carry out the contract, and was assigned to such offences. They were leit take her for his wife. Then let her be re- to the rude justice of established custom, deemed. Rather, " Then let him cause her to which required "the avenger of blood" to be redeemed." Let him, i.e., look out for some visit them with due retribution. According one who will buy her of him and take his obligation of marriage off his hands To sell to the general practice of the Eo.stern nations, her to a strange nation he shall not have he might either insist on life for life or ta.kc power. Only, this purchaser must be a a money compensation. With this custom, Hebrew, like himself, and not a foreigner, deeply ingrained into the minus of the Oricut,J since her futher consented to her becoming a people, the law did not mellille. It was cuu- 810.ve only on the condition of her being wmh!e,\ to II Hebrew. Seeing he hath dealt tent to interpose between the avenger of bluo,l dcoeitfully with her. By prnfcssiug to t11kc and bis victim the chance of rc,ichiug ,lll ms TIIE BOOK OF EXODUS. [en. n,. 13-21.