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7 1 And if a man f'sell his daugh- not go out & as the men-servants ter to be a maid-servant, he shall do. f Neh. 5. 5.
6 ver. 2, 3. the right to his paternal estate. But ished parents is related in the subsethe design of the other law in giving the quent history of the Jews, Neh. 5. 1–8. impoverished hired-servant his liberty - She shall not go out as the menat the next jubilee, was expressly that servants do. That is, shall not go out he might return to his family and again upon the same conditions, but upon bet. enjoy his patrimonial inheritance. As ter. She shall be better provided for at then these two ordinances appear to be her departure; inasmuch as a seeble entirely distinct from and unrelated to woman is less able to protect herself each other, there is no necessity for and secure her own welfare, than a interpreting the phrase "for ever,' as strong and able-bodied man. There is signifying the same as 'till the next an apparent contradiction between this jubilee.
passage, and Deut. 15. 17, where, in 7. If a man sell his daughter, &c. speaking of the male servant's having We must still bear in mind what has his ear bored in token of perpetual serv. been said above respecting the import itude, it is said, 'And also unto thy of selling persons under the Mosaic law. maid-servant shalt thou do likewise.' It was simply equivalent to selling one's Michaelis explains this by supposing services. It conveyed no ownership. that the Hebrew legislator, after the It did not recognise the odious doctrine lapse of forty years, made an alteration of modern slavery that a man may be in his laws, and added the ordinance come a chattel, and be held and treated contained in Deuteronomy. 'He did not simply as an article of property. So in patronize slavery; at least he endeav. the case before us, a father might be re. ored to mitigate its evils to native He. duced to such an extreme of poverty as brews, and to confine it within certain to be constrained to have recourse to limits of duration. On their departure the measure here mentioned, of dispos. from Egypt, he did so with respect to ing of the services of a daughter, when males, and availing himself of an ancient of a young and tender age, for a con- and merciful usage, which terminated sideration. But it is clear from the con servitude after seven years, he introtext that when this was done, it was, duced it by a written statute, as an inusually at least, upon some engagement controvertible right. After the people or expectation that the person who had been accustomed to this piece of bought her would take her, when of clemency, he went a step farther in the age, as his wife or concubine. Her pur- law which he gave forty years after, chase as a servant was her betrothal as and established the very same ordinance â wife. This is confirmed by the com- in behalf of females.' But we think it ment of Maimonides, who says; ‘A He more probable that there was originally brew handmaid might not be sold but to a difference in the case of a woman sold one who laid himself under obligations for theft, or who had sold herself be. to espouse her to himself or to his son, cause of her poverty, and of a daughter when she was fit to be betrothed.' Jar. sold by her father, in expectation of her chi also on the same passage says, 'He being espoused by her master or one of is bound to espouse her to be his wife, his sons. In this last case, which is for the money of her purchase is the the one here considered, she would be money of her espousal.' An example entitled to peculiar tenderness, and pro. of this selling of daughters by impover. I vision is made accordingly. But in the
8 If she please not her master, to sell her unto a strange nation he who hath betrothed her to himself, shall have no power, seeing he hath then shall he let her be redeemed : dealt deceitfully with her. former, which seems to be contemplated ancing, which the master is supposed in Deuteronomy, she was to come un- to have entered into ; in the former, the der the same regulations with the man actual consummation of the marriage; servant who declined going out free at that is, he hath not acted according the end of his prescribed term. As it to the mutual understanding of the paris perfectly conceivable that a woman ties; be hath not fulfilled expectation. might be influenced by the same motives In doing one thing he hath not done anas a man to remain with her master, and other which was virtually implied in it. as there is no proof that such was not It is obvious that according as one or the case, we think this the most natural | the other of these senses is assumed, mode of reconciling the apparent dis- the particle employed will be *3 lo, crepancy between the two passages. not, or 73 lo, to him. The Scriptures However this may be, it is certain that present several other instances of the in the time of the prophet Jeremiah it same textual diversity of reading, on was conceived that the statutes which which commentators have labored with gave freedom to the Hebrew slaves in great assiduity. Of these an ample ac. the seventh year, extended not only to count is given in Vitringa's Obs. Sac. the male, but also to the female sex, L. III. c. 14. § 14 Then shall he Jer. 34. 9-16, a passage which may be let her be redeemed. Heb. 177917 hephvery profitably read in this connexion. dah, shall cause her to be redeemed.
8. If she please not her master. Heb. Implying not merely consent to the act 7274 72 187 Da im raah be-ainë of another, but positive efforts on his adonëha, if she be evil in the eyes of her own part to effect the step; he shall see master; a very common Hebraic idiom, to her being redeemed; i. e. by her faimporting, however, not moral evil, but ther, or any of her kindred who has a rather the want of personal attractions. mind so to do. But if this were not 'Good,' in like manner, is in repeated done, he was not allowed to marry her instances used in a sense equivalent to to another person, or to a 'strange na'goodly,' or as an attribute of the outer tion,' a phrase which has usually been
See Note on Gen. 39. 6.- understood to mean, a stranger of the Who hath betrothed her to himself. Israelitish nation, one of a different As if the purchase under these circum-tribe or family, because it is supposed stances was considered as a virtual be. no Hebrew slave could be sold to a trothal, so that no other formalities Gentile. But we see not why the literal were requisite. But it is to be noted rendering may not be adhered to. The that the original presents here a various Hebrew master must not sell her to one reading, in which our translation has of another nation, who might desire to followed the margin (73 lo, to him) in- have her as a concubine, and with whom stead of the text (3 lo, not). In the she might be in danger of forgetting one case the correct rendering is,' who the true religion. It was an ordinance doth not (23) betroth her ;' in the by which the highest welfare of the other, who hath betrothed her to him individual was kindly consulted.self (73). Either mode of reading | Seeing he hath dealt deceitfully with yields substantially the same sense, her. Heb. 73 77933 be-bigdo bah, in only in the latter case 'betrothing'signi- his deceitfully treating her, i. e. as a fies the preliminary engagement or affi- continuation of it. Having wronged Vol. II.
m Numb. 35. 11,
9 And if he have betrothed her | 12 | i He that smiteth a man, so unto his son, he shall deal with that he die, shall be surely put to her after the manner of daughters. death.
10 If he take him another wife; 13 And kif a man lie not in wait, her food, her raiment, hand her duty but God 1 deliver him into his hand; of marriage shall he not diminish. then m I will appoint thee a place
11 And if he do not these three whither he shall flee. unto her, then shall she go out free i Gen. 9. 6. Lev. 24. 17, Numb. 35. 30, 31.
Matt. 26. 52. k Numb. 35. 22. Deut. 19. 4,5.
11 Sam. 24. 4, 10, 18. h 1 Cor. 7.5.
Deut. 19. 3. Josh. 20. 2. her by frustrating her hope of marriage fraud her of necessaries, raiment, and in his own family, he was not to add converse. Chal. ‘And her nourishment, one injury to another by disposing of raiment, and communion he shall not her in a foreign connexion, where her prohibit. Sam. “And her habitation he principles and her happiness might be shall not take away.' Arab. 'And her alike endangered.
times he may not diminish.' Syr. ‘And 9, 10. He shall deal with her after the conjugal enjoyment he shall not lessen.' manner of daughters. That is, he shall 11. If he do not these three. That is, deal with her as a free woman ; shall either of the three things mentioned give her a dowry, and bestow her in above, v. 10.- Then shall she go marriage as if she had been his own out free without money. Upon coming daughter. But whether he or his son to marriageable age, if the master nei. had married her and then afterwards ther married her himself nor disposed taken another wife, still this was not of her otherwise, he was not only to to operate to her disadvantage. She set her free without remuneration, but was to be suitably maintained, and her also, as appears from Deut. 15. 12—17, due matrimonial privileges continued to furnish her liberally with gifts. to her, or else she was freely to be set at liberty. Her duty of marriage. Laws respecting Murder and Man. Heb. hay anothah. Gr. την ομιλιαν
slaughter. her companying, converse, co- 12. He that smiteth a man. That is, habitation, which Paul, 1 Cor. 7. 3, ex. mortally, as is evident from what fol. presses by the phrase of 'due benevo- lows, and so amounting to wilful mur. lence,' equivalent to conjugal converse. der. See Note on Gen. 9.6.- Shall
1 Shall he not diminish. Heb. be surely put to death. Heb. 6271 01 nga *3 to yigra, shall not keep back, moth yumath, dying shall be made to as the term is rendered Num. 9.7, 'And die. The sentence is here expressed in those men said unto him, We are de. the most emphatic language, implying filed by the dead body of a man: where that no ransom was to be taken for the fore are we kept back (wmd) niggara), life of the wilful murderer. Num. 35. that we may not offer an offering of the 31, ‘Ye shall take no satisfaction for Lord in his appointed season among the life of a murderer, which is guilty the children of Israel ?' The Gr. in this of death; but he shall be surely put to place has ove atootepnoei, shall not de death.' fraud, whence the apostle in speaking 13. If a man lie not in wait. Heb. of the same subject, 1 Cor. 7. 5, says, 1773 *3 08 asher la tzadah, whoso 'Defraud ye not one another (un anio- hath not laid in wait. That is, whoso TEPELTE ad Indovs) except it be with con- hath not done such a deed premedi. sent, &c.' Gr. 'And he shall not de. I tately; who hath not waylaid another
14 But if a man come n presump-| him with guile; • thou shalt take tuously upon his neighbour, to slay him from mine altar, that he may Numb. 15. 30. & 35. 20. Deut. 19. 11, 12.
die. Hebr. 10. 26.
• 1 Kings 2. 28,-34. 2 Kings 11. 15. in order to take his life. The original | the wilderness, was the tabernacle, as term 777 tzadah is closely related to appears by the mention of the altar in 773 tzud, to hunt, and implies that in. v. 14; but after their arrival in the land sidious watching which hunters prac. of Canaan there were six cities of refuge tice in securing their game. But appointed, as we learn, from Num. 35. God deliver him into his hand. Heb. 6, et. seq. From the case of Joab, 1 7773/70A innah le-yado, doth offer by Kings, 2. 28, it would appear that the chance to his hand. Gr. napedwaev, hath | temple was occasionally resorted to for delivered. The words evidently have this purpose even after the cities of rerespect to a case where the slayer is suge were established. not prompted by malice, nor endeavors 14. If a man come presumptuously, by covert means to put to death a fel. &c. Heb. 774 yazid, deal proudly, pre. low being, but the catastrophe is owing sumingly, high-handedly. Chal. “Shall solely to the special providence of God, do 'or act impiously.' The Heb. verb which had put one man in the way of a | 777 zud, which properly signifies to deadly blow from another without any | deal proudly or presumptuously, is apagency or design of his. This consti- plied also to the person who sins, not tutes what is called in modern codes ignorantly or inadvertently, but wilfulaccidental homicide or chance-medley, ly, knowingly, of set purpose, inasmuch and for which, under the Mosaic sys- as such an offender is considered as distem, there was an express provision in obeying the known law of God through the cities of refuge, hereafter to be de. the pride, self-sufficiency, and presumpscribed. In Deut. 19. 4–6, we have by tuous elation of his spirit. According. way of illustration a specified case in ly Moses, Deut. 17. 12 and 18.22, speaks which the manslayer was to be entitled of presumptuous sins under the denoto the benefit of this provision; 'And mination of 7771 zadon, which comes this is the case of the slayer, which from the same root, indicating a kind shall flee thither, that he may live: of transgression entirely different from Whoso killeth his neighbor ignorantly, sins or errors of ignorance, inadvertwhom he hated not in time past; as ence, or infirmity. Joab's murder of when a man goeth into the wood with Abner comes clearly within the scope his neighbor to hew wood, and his hand of this statute, and accordingly we find fetcheth a stroke with the axe to cut that his fleeing to the sacred asylum of down the tree, and the head slippeth the altar availed him nothing. 2 Sam. from the helve, and lighteth upon his 2. 19—23.—3. 26, 27. 1 Kings, 2.28 neighbor, that he die; he shall flee unto 32,- - Thou shalt take him from mine one of these cities, and live; lest the altar. That is, if he has fled unto the avenger of the blood pursue the slayer, altar for protection. But the Jerus. while his heart is hot, and overtake Targ. gives another turn to the expreshim, because the way is long, and slay sion; "Though he be the High Priest him; whereas he was not worthy of who standeth and ministereth before death, inasmuch as he hated him not me, from thence shall ye take him and in time past. I will appoint thee kill him.' We may perhaps safely ada place whither he shall flee. This mit that both senses are included. It place, during the sojourn of Israel ip I would certainly be important to teach
15 | And he that smiteth his fa- | and a selleth him, or if he ber found ther, or his mother, shall be surely in his hand, he shall surely be put put to death.
to death. 16 | And p he that stealeth a man,
p Deut. 24. 7.
9 Gen, 37. 28.
r ch. 22. 4.
that no official sanctity would be allow his own hands, neither alienated nor ed to screen the wilful murderer from used for service. Comp. Deut. 24. 7. justice.
But the spirit of the interdict undoubt.
edly applies to all cases of man-stealing Law respecting the Smiting of Parents. or kidnapping. In the sight of heaven
15. He that smiteth his father or it is a crime charged with the blackest mother, &c. He was to be put to death guilt. This is clear from the penalty even though the blow should not be annexed to it, especially as contrasted fatal, but merely leave a wound or with the penalty for stealing property, bruise; otherwise the crime mentioned Ex. 22. 14. If a man had stolen an ox in this verse is included in that speci. and killed or sold it, he was to restore fied in v. 12. The crime of parricide is five oxen; if he had neither sold nor not expressly mentioned in the code of killed it, two oxen. But in the case of Moses, any more than it was in that of stealing a man, the first act drew down Solon, and probably for the same rea- the utmost power of punishment; how. son; the law did not presuppose a sin ever often repeated or aggravated the of such horrid enormity.
crime, human penalty could do no more.
The fact that the penalty for man-steal. Law respecting Man-stealing. ing was death, and the penalty of prop16. He that stealeth a man, &c. Gr. erty-stealing, the mere restoration of ος εαν κλεψη τις τινα των υιων Ispan, double, shows that the two cases were whosoever stealeth any one of the sons judged on totally different principles. of Israel.
Chal. “He that stealeth a This will appear still more evident from soul of the sons of Israel.' And thus the remarks on this passage by Mr. it is explained by Moses himself, Deut. Weld in his tract entitled “The Bible 24. 7, 'If a man be found stealing any against Slavery.' 'If God permitted of his brethren of the children of Israel, man to hold man as property, why did and maketh merchandize of him,' &c. he punish for stealing that kind of propThis was no doubt the primary drift oferty infinitely more than for stealing any the law. It had respect to a crime com- other kind of property? Why punish mitted by an Israelite upon the person with death for stealing a very little of of an Israelite. For this crime the that sort of property, and make a mere punishment of death was expressly define the penalty for stealing a thousand nounced; and that with the utmost de. times as much, of any other sort of gree of rigor. The alleviations which property—especially if by his own act, operated in the case of other thefts was God had annihilated the difference beprecluded here. In other cases, if the tween man and property, by putting him article stolen had not been alienated, or on a level with it? The guilt of a crime, if there was reason to look for repent. depends much upon the nature, characance and restitution, some mitigation ter, and condition of the victim. To of the punishment ensued. But the man- steal is a crime, whoever the thief, or stealer was absolutely doomed to die, whatever the plunder. To steal bread whether he had already sold the person from a full man, is theft; to steal it stolen, or whether he still had him in / from a starving man, is both theft and