Post by alon on Feb 18, 2020 9:49:46 GMT -8
Name of Par’shah- 18.3 Mishpatim- Rulings
Par’shah- Ex 21:1 – 24:18
Haftara- Jer 34.8-32, 33.25-26
D’rash: There are a lot of laws in this parashah, so I am going to break this into 2 posts.
Laws About Slaves
Exodus 21:2 (ESV) When you buy a Hebrew slave [bond-servant], he shall serve six years, and in the seventh he shall go out free, for nothing. According to the footnotes, the Hebrew term ‘ebed designates a range of social and economic roles. In terms relevant to today, I’d say this means do not treat employees as slaves. They owe you anhours work for an hours pay, and at the end of the day they go home and live and do as they want.
Exodus 21:3-6 (ESV) If he comes in single, he shall go out single; if he comes in married, then his wife shall go out with him. If his master gives him a wife and she bears him sons or daughters, the wife and her children shall be her master's, and he shall go out alone. But if the slave plainly says, ‘I love my master, my wife, and my children; I will not go out free,’ then his master shall bring him to God, and he shall bring him to the door or the doorpost. And his master shall bore his ear through with an awl, and he shall be his slave forever. A bit tougher, because today we do not “own” anyone in most western countries. Even in Israel then, those “slaves” were considered part of the masters household and not as we understand the term today. The principle seems to be that all the produce of the time spent in the employ/service of another belongs to him. Then it included the produce of a marriage.
Exodus 21:7-10 (ESV) “When a man sells his daughter as a slave, she shall not go out as the male slaves do. If she does not please her master, who has designated her for himself, then he shall let her be redeemed. He shall have no right to sell her to a foreign people, since he has broken faith with her. If he designates her for his son, he shall deal with her as with a daughter. If he takes another wife to himself, he shall not diminish her food, her clothing, or her marital rights. And if he does not do these three things for her, she shall go out for nothing, without payment of money. This speaks to fair treatment of those in our charge.
Exodus 21:12-14 (ESV) “Whoever strikes a man so that he dies shall be put to death. But if he did not lie in wait for him, but God let him fall into his hand, then I will appoint for you a place to which he may flee. But if a man willfully attacks another to kill him by cunning, you shall take him from my altar, that he may die. Again, do not commit murder, including manslaughter. However self defense is excusable if the assailant dies.
Exodus 21:15,17 (ESV) “Whoever strikes his father or his mother shall be put to death. … “Whoever curses [Or dishonors, reviles] his father or his mother shall be put to death. The seriousness of honoring your father and mother is here emphasized in these extreme examples. Practically, today they should be disinherited by family and disfellowshiped in our assemblies.
Exodus 21:16 (ESV) “Whoever steals a man and sells him, and anyone found in possession of him, shall be put to death. Law against human trafficking. This should be reflected in our own laws, including the penalty; death!
Exodus 21:18 (ESV) “When men quarrel and one strikes the other with a stone or with his fist and the man does not die but takes to his bed, then if the man rises again and walks outdoors with his staff, he who struck him shall be clear; only he shall pay for the loss of his time, and shall have him thoroughly healed. You are to be held responsible for the harm you do to others.
Exodus 21:20 (ESV) “When a man strikes his slave, male or female, with a rod and the slave dies under his hand, he shall be avenged. But if the slave survives a day or two, he is not to be avenged, for the slave is his money. Even bondservants (not “slaves”) should be avenged if killed by their master. No one because of position or title is above the law.
Exodus 21:22 (ESV) “When men strive together and hit a pregnant woman, so that her children come out, but there is no harm, the one who hit her shall surely be fined, as the woman's husband shall impose on him, and he shall pay as the judges determine. But if there is harm [so that her children come out and it is clear who was to blame, he shall be fined as the woman's husband shall impose on him, and he alone shall pay. If it is unclear who was to blame], then you shall pay life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe. Protection for the unborn and for the mother is absolutely required under the law.
Exodus 21:26 (ESV) “When a man strikes the eye of his slave, male or female, and destroys it, he shall let the slave go free because of his eye. If he knocks out the tooth of his slave, male or female, he shall let the slave go free because of his tooth. Here I am surprised that the penalty is not more. Still, we are held accountable for damages done to those in our charge.
Exodus 21:28-32 (ESV) “When an ox gores a man or a woman to death, the ox shall be stoned, and its flesh shall not be eaten, but the owner of the ox shall not be liable. But if the ox has been accustomed to gore in the past, and its owner has been warned but has not kept it in, and it kills a man or a woman, the ox shall be stoned, and its owner also shall be put to death. If a ransom is imposed on him, then he shall give for the redemption of his life whatever is imposed on him. If it gores a man's son or daughter, he shall be dealt with according to this same rule. If the ox gores a slave, male or female, the owner shall give to their master thirty shekels of silver, and the ox shall be stoned. No owner should benefit when his ox (or other property) kills another. He should be held accountable under our laws to both correct the problem (stone the ox) and for damages, and in the case of negligence for murder, if applicable.
Laws About Restitution
Exodus 21:33-34 (ESV) “When a man opens a pit, or when a man digs a pit and does not cover it, and an ox or a donkey falls into it, the owner of the pit shall make restoration. He shall give money to its owner, and the dead beast shall be his. Either the owner and the aggrieved parties must agree on damages, or the courts must adjudicate the damages. And the owner must pay. I’d say this applies to much more than a pit as well.
Exodus 21:35-36 (ESV) “When one man's ox butts another's, so that it dies, then they shall sell the live ox and share its price, and the dead beast also they shall share. Or if it is known that the ox has been accustomed to gore in the past, and its owner has not kept it in, he shall repay ox for ox, and the dead beast shall be his. We may not have many oxen today, but apply this law to a poorly maintained vehicle, or to a pet, such as a large dog.
Exodus 22:1 (ESV) “If a man steals an ox or a sheep, and kills it or sells it, he shall repay five oxen for an ox, and four sheep for a sheep. Courts must implement heavy punitive actions as well as criminal charges against a thief.
Exodus 22:2-4 (ESV) If a thief is found breaking in and is struck so that he dies, there shall be no bloodguilt for him, but if the sun has risen on him, there shall be bloodguilt for him. [The thief] shall surely pay. If he has nothing, then he shall be sold for his theft. If the stolen beast is found alive in his possession, whether it is an ox or a donkey or a sheep, he shall pay double. Thieves typically work at night, so I would interpret this as you have the right to protect your property as well as the lives entrusted to your care when someone is caught in the act. But you do not have the right to hunt them down later and kill them. That is a matter for the law. The law should also impose heavy criminal and civil actions against the thief.
Exodus 22:5 (ESV) “If a man causes a field or vineyard to be grazed over, or lets his beast loose and it feeds in another man's field, he shall make restitution from the best in his own field and in his own vineyard. Courts must determine damages caused by another’s carelessness, such as allowing an animal to get out, and impose them on the guilty party.
Exodus 22:6 (ESV) “If fire breaks out and catches in thorns so that the stacked grain or the standing grain or the field is consumed, he who started the fire shall make full restitution. This would probably be for a carelessly set fire. Arson would, I should think be a much more serious crime.
Exodus 22:7-9 (ESV) “If a man gives to his neighbor money or goods to keep safe, and it is stolen from the man's house, then, if the thief is found, he shall pay double. If the thief is not found, the owner of the house shall come near to God to show whether or not he has put his hand to his neighbor's property. For every breach of trust, whether it is for an ox, for a donkey, for a sheep, for a cloak, or for any kind of lost thing, of which one says, ‘This is it,’ the case of both parties shall come before God. The one whom God condemns shall pay double to his neighbor. Any breach of trust is a very serious crime before God. It should be so in our courts as well. Theft is also obviously a serious crime.
Exodus 22:10-13 (ESV) “If a man gives to his neighbor a donkey or an ox or a sheep or any beast to keep safe, and it dies or is injured or is driven away, without anyone seeing it, an oath by the Lord shall be between them both to see whether or not he has put his hand to his neighbor's property. The owner shall accept the oath, and he shall not make restitution. But if it is stolen from him, he shall make restitution to its owner. If it is torn by beasts, let him bring it as evidence. He shall not make restitution for what has been torn. If property is entrusted to someone and is lost or damaged by fault of the trustee, it is his responsibility to repay the owner. If through no fault of his own, then he is not responsible. If however he steals or intentionally damages it, that would be a breach of trust.
Exodus 22:14-15 (ESV) “If a man borrows anything of his neighbor, and it is injured or dies, the owner not being with it, he shall make full restitution. If the owner was with it, he shall not make restitution; if it was hired, it came for its hiring fee. If you borrow it, you are responsible for it until it is returned. If it is hired out, especially with the owner, then it is the owners responsibility.
Par’shah- Ex 21:1 – 24:18
Haftara- Jer 34.8-32, 33.25-26
D’rash: There are a lot of laws in this parashah, so I am going to break this into 2 posts.
Laws About Slaves
Exodus 21:2 (ESV) When you buy a Hebrew slave [bond-servant], he shall serve six years, and in the seventh he shall go out free, for nothing. According to the footnotes, the Hebrew term ‘ebed designates a range of social and economic roles. In terms relevant to today, I’d say this means do not treat employees as slaves. They owe you anhours work for an hours pay, and at the end of the day they go home and live and do as they want.
Exodus 21:3-6 (ESV) If he comes in single, he shall go out single; if he comes in married, then his wife shall go out with him. If his master gives him a wife and she bears him sons or daughters, the wife and her children shall be her master's, and he shall go out alone. But if the slave plainly says, ‘I love my master, my wife, and my children; I will not go out free,’ then his master shall bring him to God, and he shall bring him to the door or the doorpost. And his master shall bore his ear through with an awl, and he shall be his slave forever. A bit tougher, because today we do not “own” anyone in most western countries. Even in Israel then, those “slaves” were considered part of the masters household and not as we understand the term today. The principle seems to be that all the produce of the time spent in the employ/service of another belongs to him. Then it included the produce of a marriage.
Exodus 21:7-10 (ESV) “When a man sells his daughter as a slave, she shall not go out as the male slaves do. If she does not please her master, who has designated her for himself, then he shall let her be redeemed. He shall have no right to sell her to a foreign people, since he has broken faith with her. If he designates her for his son, he shall deal with her as with a daughter. If he takes another wife to himself, he shall not diminish her food, her clothing, or her marital rights. And if he does not do these three things for her, she shall go out for nothing, without payment of money. This speaks to fair treatment of those in our charge.
Exodus 21:12-14 (ESV) “Whoever strikes a man so that he dies shall be put to death. But if he did not lie in wait for him, but God let him fall into his hand, then I will appoint for you a place to which he may flee. But if a man willfully attacks another to kill him by cunning, you shall take him from my altar, that he may die. Again, do not commit murder, including manslaughter. However self defense is excusable if the assailant dies.
Exodus 21:15,17 (ESV) “Whoever strikes his father or his mother shall be put to death. … “Whoever curses [Or dishonors, reviles] his father or his mother shall be put to death. The seriousness of honoring your father and mother is here emphasized in these extreme examples. Practically, today they should be disinherited by family and disfellowshiped in our assemblies.
Exodus 21:16 (ESV) “Whoever steals a man and sells him, and anyone found in possession of him, shall be put to death. Law against human trafficking. This should be reflected in our own laws, including the penalty; death!
Exodus 21:18 (ESV) “When men quarrel and one strikes the other with a stone or with his fist and the man does not die but takes to his bed, then if the man rises again and walks outdoors with his staff, he who struck him shall be clear; only he shall pay for the loss of his time, and shall have him thoroughly healed. You are to be held responsible for the harm you do to others.
Exodus 21:20 (ESV) “When a man strikes his slave, male or female, with a rod and the slave dies under his hand, he shall be avenged. But if the slave survives a day or two, he is not to be avenged, for the slave is his money. Even bondservants (not “slaves”) should be avenged if killed by their master. No one because of position or title is above the law.
Exodus 21:22 (ESV) “When men strive together and hit a pregnant woman, so that her children come out, but there is no harm, the one who hit her shall surely be fined, as the woman's husband shall impose on him, and he shall pay as the judges determine. But if there is harm [so that her children come out and it is clear who was to blame, he shall be fined as the woman's husband shall impose on him, and he alone shall pay. If it is unclear who was to blame], then you shall pay life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe. Protection for the unborn and for the mother is absolutely required under the law.
Exodus 21:26 (ESV) “When a man strikes the eye of his slave, male or female, and destroys it, he shall let the slave go free because of his eye. If he knocks out the tooth of his slave, male or female, he shall let the slave go free because of his tooth. Here I am surprised that the penalty is not more. Still, we are held accountable for damages done to those in our charge.
Exodus 21:28-32 (ESV) “When an ox gores a man or a woman to death, the ox shall be stoned, and its flesh shall not be eaten, but the owner of the ox shall not be liable. But if the ox has been accustomed to gore in the past, and its owner has been warned but has not kept it in, and it kills a man or a woman, the ox shall be stoned, and its owner also shall be put to death. If a ransom is imposed on him, then he shall give for the redemption of his life whatever is imposed on him. If it gores a man's son or daughter, he shall be dealt with according to this same rule. If the ox gores a slave, male or female, the owner shall give to their master thirty shekels of silver, and the ox shall be stoned. No owner should benefit when his ox (or other property) kills another. He should be held accountable under our laws to both correct the problem (stone the ox) and for damages, and in the case of negligence for murder, if applicable.
Laws About Restitution
Exodus 21:33-34 (ESV) “When a man opens a pit, or when a man digs a pit and does not cover it, and an ox or a donkey falls into it, the owner of the pit shall make restoration. He shall give money to its owner, and the dead beast shall be his. Either the owner and the aggrieved parties must agree on damages, or the courts must adjudicate the damages. And the owner must pay. I’d say this applies to much more than a pit as well.
Exodus 21:35-36 (ESV) “When one man's ox butts another's, so that it dies, then they shall sell the live ox and share its price, and the dead beast also they shall share. Or if it is known that the ox has been accustomed to gore in the past, and its owner has not kept it in, he shall repay ox for ox, and the dead beast shall be his. We may not have many oxen today, but apply this law to a poorly maintained vehicle, or to a pet, such as a large dog.
Exodus 22:1 (ESV) “If a man steals an ox or a sheep, and kills it or sells it, he shall repay five oxen for an ox, and four sheep for a sheep. Courts must implement heavy punitive actions as well as criminal charges against a thief.
Exodus 22:2-4 (ESV) If a thief is found breaking in and is struck so that he dies, there shall be no bloodguilt for him, but if the sun has risen on him, there shall be bloodguilt for him. [The thief] shall surely pay. If he has nothing, then he shall be sold for his theft. If the stolen beast is found alive in his possession, whether it is an ox or a donkey or a sheep, he shall pay double. Thieves typically work at night, so I would interpret this as you have the right to protect your property as well as the lives entrusted to your care when someone is caught in the act. But you do not have the right to hunt them down later and kill them. That is a matter for the law. The law should also impose heavy criminal and civil actions against the thief.
Exodus 22:5 (ESV) “If a man causes a field or vineyard to be grazed over, or lets his beast loose and it feeds in another man's field, he shall make restitution from the best in his own field and in his own vineyard. Courts must determine damages caused by another’s carelessness, such as allowing an animal to get out, and impose them on the guilty party.
Exodus 22:6 (ESV) “If fire breaks out and catches in thorns so that the stacked grain or the standing grain or the field is consumed, he who started the fire shall make full restitution. This would probably be for a carelessly set fire. Arson would, I should think be a much more serious crime.
Exodus 22:7-9 (ESV) “If a man gives to his neighbor money or goods to keep safe, and it is stolen from the man's house, then, if the thief is found, he shall pay double. If the thief is not found, the owner of the house shall come near to God to show whether or not he has put his hand to his neighbor's property. For every breach of trust, whether it is for an ox, for a donkey, for a sheep, for a cloak, or for any kind of lost thing, of which one says, ‘This is it,’ the case of both parties shall come before God. The one whom God condemns shall pay double to his neighbor. Any breach of trust is a very serious crime before God. It should be so in our courts as well. Theft is also obviously a serious crime.
Exodus 22:10-13 (ESV) “If a man gives to his neighbor a donkey or an ox or a sheep or any beast to keep safe, and it dies or is injured or is driven away, without anyone seeing it, an oath by the Lord shall be between them both to see whether or not he has put his hand to his neighbor's property. The owner shall accept the oath, and he shall not make restitution. But if it is stolen from him, he shall make restitution to its owner. If it is torn by beasts, let him bring it as evidence. He shall not make restitution for what has been torn. If property is entrusted to someone and is lost or damaged by fault of the trustee, it is his responsibility to repay the owner. If through no fault of his own, then he is not responsible. If however he steals or intentionally damages it, that would be a breach of trust.
Exodus 22:14-15 (ESV) “If a man borrows anything of his neighbor, and it is injured or dies, the owner not being with it, he shall make full restitution. If the owner was with it, he shall not make restitution; if it was hired, it came for its hiring fee. If you borrow it, you are responsible for it until it is returned. If it is hired out, especially with the owner, then it is the owners responsibility.