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10 If he takes another wife,[a] he must not diminish the first one’s food,[b] her clothing, or her marital rights.[c] 11 If he does not provide her with these three things, then she will go out free, without paying money.[d]

Personal Injuries

12 [e] “Whoever strikes someone[f] so that he dies[g] must surely be put to death.[h]

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Footnotes

  1. Exodus 21:10 tn “wife” has been supplied.
  2. Exodus 21:10 tn The translation of “food” does not quite do justice to the Hebrew word. It is “flesh.” The issue here is that the family she was to marry into is wealthy, they ate meat. She was not just to be given the basic food the ordinary people ate, but the fine foods that this family ate.
  3. Exodus 21:10 sn Traditional Rabbinic interpretation, affirmed in spirit by the Apostle Paul in 1 Cor 7:5, understands the term עֹנָה (ʿonah) to refer to rights to sexual relations within marriage. The term only occurs in this verse and its precise nuance is unclear. An alternate opinion is proposed by S. Paul, “Exodus 21:10, A Threefold Maintenance Clause,” JNES 28 (1969): 48-53. He suggests that the third element listed is not marital rights, but ointments, since Sumerian and Akkadian texts list food, clothing, and oil as the necessities of life. But none of the three are cognates to the words in the Hebrew list (a cognate term for “clothing” was not used) and the sequence is different than the Akkadian, so it is unlikely that it represents a shared standard legal formulation. The point is that the husband cannot play favorites and functionally demote his first wife.
  4. Exodus 21:11 sn The lessons of slavery and service are designed to bring justice to existing customs in antiquity. The message is: Those in slavery for one reason or another should have the hope of freedom and the choice of service (vv. 2-6). For the rulings on the daughter, the message could be: Women, who were often at the mercy of their husbands or masters, must not be trapped in an unfortunate situation, but be treated well by their masters or husbands (vv. 7-11). God is preventing people who have power over others from abusing it.
  5. Exodus 21:12 sn The underlying point of this section remains vital today: The people of God must treat all human life as sacred.
  6. Exodus 21:12 tn The construction uses a Hiphil participle in construct with the noun for “man” (or person as is understood in a law for the nation): “the one striking [of] a man.” This is a casus pendens (independent nominative absolute); it indicates the condition or action that involves further consequence (GKC 361 §116.w).
  7. Exodus 21:12 tn The Hebrew word וָמֵת (vamet) is a Qal perfect with vav consecutive; it means “and he dies” and not “and killed him” (which requires another stem). Gesenius notes that this form after a participle is the equivalent of a sentence representing a contingent action (GKC 333 §112.n). The word shows the result of the action in the opening participle. It is therefore a case of murder or manslaughter.
  8. Exodus 21:12 sn See A. Phillips, “Another Look at Murder,” JJS 28 (1977): 105-26.