These eight verses cite three cases of law in a section of Exodus that is usually called "The Book of the Covenant". The three cases address: 1. what to do when a victim is wounded in a fight but not killed, 2. what to do when a master harms a slave, and 3. what to do when a someone causes the accidental loss of an unborn child. The three cases neatly blend into a familiar principle of justice. The "Book of the Covenant" runs from 20:22 to 23:33 beginning just after Moses tells the people of the Ten Commandments. Gleaning from what I gathered in the commentaries, the "Book of the Covenant" represents a wide-ranging collection of laws possibly drawn from Canaanite-Mesopotamian sources, and maybe from Hittite and Egyptian sources as well. The "Book of the Covenant" is largely neutral in regard to Israelite faith. It presupposes a settled agricultural society and therefore was probably written some time after the events of the Decalogue. One commentary suggests that this tradition of writing detailed case law may have originated when Moses appointed "men of ability" to assist him in leading the people (Exodus 18:13-26). In the first case law of this passage (verses 18 & 19) Israelites are instructed what to do when one person injures another during a quarrel. There were no significant textual or interpretive variants on this case. A cited journal article by Charles Fenshan draws parallels between this particular Israelite law and a similar Hittite law. In the second case law of this passage (verses 20 & 21) Israelites are instructed on what to do when a master strikes a slave. Again, there were no significant textual or interpretive variants on this case. All three commentaries noted the generous treatment afforded to slaves as compared to surrounding ANE cultures. The third case law (verses 22 & 23) has become the focus of intense debate during the past generation. There are no textual variants, but there are two camps of interpretation. Does the pregnant woman in this verse suffer a miscarriage or does she deliver a viable baby prematurely? Two journal articles address this debate. The debate centers on the Hebrew word yeled, a word associated with the product of a normal birth. A usual word for miscarriage - nepel - was not used. These facts support the "live birth" view. However, all ancient interpretations are unanimous for the miscarriage view. The controversy continues. The U.S. House of Representatives is debating this very matter in a bill called the "Unborn Victims of Violence Act of 2001". This passage ends with the much quoted "eye for an eye" pronouncement. This is sometimes called the lex talionis or law of retaliation. Contrary to contemporary misapplication, it was really an advancement in jurisprudence. "An eye for an eye" was not a warrant for unrestrained vengeance but a limitation upon measureless revenge.
Bibliography Biblical Translations 1. The Holy Bible: New International Version. Zondervan Publishing: Grand Rapids, MI, 1996. 2. The Living Bible: Paraphrased. Tyndale House Publishers: Wheaton, IL, 1971. 3. Holy Bible: King James Version. Omega Publishing House: Nashville, TN, 1971. 4. New Revised Standard Version: The New Oxford Annotated Bible. Oxford University Press: New York, NY, 1973
1. Hagner, Donald. Exodus. Word Biblical Commentary, v3. Word Books Publishers: Dallas, Texas, 1993. 2. Albright, W.F. and C.S. Mann. Exodus. The Anchor Bible. Doubleday: Garden City, NY, 1971. 3. Keck, Leander. Exodus. The New Interpreter's Bible v1, Abingdon Press: Nashville, TN, 1994. 4. Keil, C. F. and F. Delitzsch. Commentary on the Old Testament. Hendrickson Publishers: Peabody, MA, 1989. 5. Mays, James. Harper' Bible Commentary. Harper & Row, Publishers, San Francisco, CA, 1988. Journal Articles
2. du Preez, R. "The Status of the Fetus in Mosaic Law." Journal of the Adventist Theological Society. Volume 1 / 2, pp. 5-21, 1990. 3. Jordan, James B., "The Law of the Covenant: An Exposition of Exodus 21- 23." Westminster Theological Journal. Volume 49, pp. 415-418, Fall 1987. 4. Fenshan, F. Charles. "Exodus 21:18-19 in Light of Hittite Law 10." Vetus Testamentum. Volume 10, pp. 333-335, July 1960. Government Document
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