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 judges, for their crimes; even those of the latter sort (if Hebrews) were to continue in slavery but seven years at the most, in which time it was taken for granted that they would sufficiently have smarted for their folly or offence. At the seven years' end the servant should either go out free (Exo 21:2, Exo 21:3), or his servitude should thenceforward be his choice, Exo 21:5, Exo 21:6. If he had a wife given him by his master, and children, he might either leave them and go out free himself, or, if he had such a kindness for them that he would rather tarry with them in bondage than go out at liberty without them, he was to have his ear bored through to the doorpost and serve till the death of his master, or the year of jubilee.

1.By this law God taught, (1.) The Hebrew servants generosity, and a noble love of liberty, for they were the Lord's freemen; a mark of disgrace must be put upon him who refused liberty when he might have it, though he refused it upon considerations otherwise laudable enough. Thus Christians, being bought with a price, and called unto liberty, must not be the servants of men, nor of the lusts of men, Co1 7:23. There is a free and princely spirit that much helps to uphold a Christian, Psa 51:12. He likewise taught, (2.) The Hebrew masters not to trample upon their poor servants, knowing, not only that they had been by birth upon a level with them, but that, in a few years, they would be so again. Thus Christian masters must look with respect on believing servants, Plm 1:16.

2.This law will be further useful to us, (1.) To illustrate the right God has to the children of believing parents, as such, and the place they have in his church. They are by baptism enrolled among his servants, because they are born in his house, for they are therefore born unto him, Eze 16:20. David owns himself God's servant, as he was the son of his handmaid (Psa 116:16), and therefore entitled to protection, Psa 86:16. (2.) To explain the obligation which the great Redeemer laid upon himself to prosecute the work of our salvation, for he says (Psa 40:6), My ears hast thou opened, which seems to allude to this law. He loved his Father, and his captive spouse, and the children that were given him, and would not go out free from his undertaking, but engaged to serve in it for ever, Isa 42:1, Isa 42:4. Much more reason have we thus to engage ourselves to serve God for ever; we have all the reason in the world to love our Master and his work, and to have our ears bored to his door-posts, as those who desire not to go out free from his service, but to be found more and more free to it, and in it, Psa 84:10.

Concerning maid-servants, whom their parents, through extreme poverty, had sold, when they were very young, to such as they hoped would marry them when they grew up; if they did not, yet they must not sell them to strangers, but rather study how to make them amends for the disappointment; if they did, they must maintain them handsomely, Exo 21:7-11. Thus did God provide for the comfort and reputation of the daughters of Israel, and has taught husbands to give honour to their wives (be their extraction ever so mean) as to the weaker vessels, Pe1 3:7.

Betrothed her unto his son, he shall deal with her - He shall give her the same dowry he would give to one of his own daughters. From these laws we learn, that if a man's son married his servant, by his father's consent, the father was obliged to treat her in every respect as a daughter; and if the son married another woman, as it appears he might do, Exo 21:10, he was obliged to make no abatement in the privileges of the first wife, either in her food, raiment, or duty of marriage. The word ענתה onathah, here, is the same with St. Paul's οφειλομενην ευνοιαν, the marriage debt, and with the ὁμιλιαν of the Septuagint, which signifies the cohabitation of man and wife.

If he take him another wife,.... The father takes another wife for his son, or the son takes another wife to himself after he has betrothed and married his father's maidservant:

her food, her raiment, and her duty of marriage, shall he not diminish; neither deny it her in whole, nor lessen it in part, but give her her full due of each. What is meant by the two former words is easy, and admits of no difficulty, the latter is differently interpreted. Some take it to signify no other than an "habitation" (u), that as he was to provide food and raiment for her, so an house to dwell, in; but the generality of interpreters, Jewish and Christian, understand it as we do, of the conjugal duty, the use of the marriage bed, or what the apostle calls due benevolence, Co1 7:3. The word is thought to have the signification of a fixed time for it; and the Misnic doctors (w) are very particular in assigning the set times of it for different persons; and in those countries where there were, and where there still are, plurality of wives, each had, and have their turns, see Gen 30:15.

(u) "habitationem ejus", Montanus, Junius & Tremellius; so some in Aben Ezra. Vid. Pfeiffer. "dubia vexata", cent. 1. loc. 97. (w) Misn. Cetubot, c. 5. sect. 6.

LAWS FOR MAIDSERVANTS. (Exo. 21:7-36)

if a man sell his daughter--Hebrew girls might be redeemed for a reasonable sum. But in the event of her parents or friends being unable to pay the redemption money, her owner was not at liberty to sell her elsewhere. Should she have been betrothed to him or his son, and either change their minds, a maintenance must be provided for her suitable to her condition as his intended wife, or her freedom instantly granted.