خروج ٢١:١

Now these are the judgments - There is so much good sense, feeling, humanity, equity, and justice in the following laws, that they cannot but be admired by every intelligent reader; and they are so very plain as to require very little comment. The laws in this chapter are termed political, those in the succeeding chapter judicial, laws; and are supposed to have been delivered to Moses alone, in consequence of the request of the people, Exo 20:19, that God should communicate his will to Moses, and that Moses should, as mediator, convey it to them.

LAWS FOR MENSERVANTS. (Exo 21:1-6) judgments--rules for regulating the procedure of judges and magistrates in the decision of cases and the trial of criminals. The government of the Israelites being a theocracy, those public authorities were the servants of the Divine Sovereign, and subject to His direction. Most of these laws here noticed were primitive usages, founded on principles of natural equity, and incorporated, with modifications and improvements, in the Mosaic code.

Now these are the judgments,.... The judicial laws respecting the civil state of the people of Israel, so called because they are founded on justice and equity, and are according to the judgment of God, whose judgment is according to truth; and because they are such by which the commonwealth of Israel was to be judged or governed, and were to be the rule of their conduct to one another, and a rule of judgment to their judges in the execution of judgment and justice among them: which thou shall set before them; besides the ten commands before delivered. They were spoken by God himself in the hearing of the people; these were delivered to Moses after he went up to the mount again, at the request of the people, to be their mediator, to be by him set before them as the rule of their behaviour, and to enjoin them the observance of them; in order to which he was not only to rehearse them, but to write them out, and set them in a plain and easy light before them: and though they did not hear these with their own ears from God himself, as the ten commands; yet, as they had the utmost reason to believe they came from him, and it was at their own request that he, and not God, might speak unto them what was further to be said, with a promise they would obey it, as if they had immediately heard it from him; it became them to receive these laws as of God, and yield a cheerful obedience to them; nor do we find they ever questioned the authority of them; and as their government was a Theocracy, and God was more immediately their King than he was of any other people, it was but right, and what might be expected, that they should have their civil laws from him, and which was their privilege, and gave them the preference to all other nations, Deu 4:5.

The mishpatim (Exo 21:1) are not the "laws, which were to be in force and serve as rules of action," as Knobel affirms, but the rights, by which the national life was formed into a civil commonwealth and the political order secured. These rights had reference first of all to the relation in which the individuals stood one towards another. The personal rights of dependants are placed at the head (Exo 21:2-11); and first those of slaves (Exo 21:2-6), which are still more minutely explained in Deu 15:12-18, where the observance of them is urged upon the hearts of the people on subjective grounds.

The first verse is the general title of the laws contained in this and the two following chapters, some of them relating to the religious worship of God, but most of them relating to matters between man and man. Their government being purely a Theocracy, that which in other states is to be settled by human prudence was directed among them by a divine appointment, so that the constitution of their government was peculiarly adapted to make them happy. These laws are called judgments, because they are framed in infinite wisdom and equity, and because their magistrates were to give judgment according to the people. In the doubtful cases that had hitherto occurred, Moses had particularly enquired of God for them, as appeared, Exo 18:15; but now God gave him statutes in general by which to determine particular cases, which likewise he must apply to other like cases that might happen, which, falling under the same reason, fell under the same rule. He begins with the laws concerning servants, commanding mercy and moderation towards them. The Israelites had lately been servants themselves; and now that they had become, not only their own masters, but masters of servants too, lest they should abuse their servants, as they themselves had been abused and ruled with rigour by the Egyptian task-masters, provision was made by these laws for the mild and gentle usage of servants. Note, If those who have had power over us have been injurious to us this will not in the least excuse us if we be in like manner injurious to those who are under our power, but will rather aggravate our crime, because, in that case, we may the more easily put our souls into their soul's stead. Here is, I. A law concerning men-servants, sold, either by themselves or their parents, through poverty, or by the jud…

21:1–23:33 The terms of the covenant are now expanded. The beginning section (21:1–23:19) gives specific examples of the general principles stated in 20:3-17. The commitments to which God bound himself if the Israelites kept their side of the covenant are stated in 23:20-33, as are the blessings of obedience. 21:1–23:19 The statements found here are in the typical case-law format of ancient Near Eastern law codes. This format begins with a hypothetical situation introduced by the word “if.” The following statement of what is to be done in such a case is introduced by “then.” While some cases are grouped into categories in these chapters, there is little attempt to separate personal, civil, or ceremonial laws from one another. For God, life is not compartmentalized. All of life is lived in relationship to God, so all kinds of behavior signify whether we are in loving submission to him or in defiance of him. 21:1-11 Slavery was a fact of life in the ancient world. In some cases, it was the only resort for those who were destitute. In much of the ancient world, people who were slaves felt that the gods had abandoned them. But the Lord cares about those who are in this helpless condition, so his covenant people must care also. Ultimately, the revelation that Jesus Christ had died for all people everywhere would make the practice of slavery untenable (Gal 3:28).