From Gill’s Expository
Exodus 21:7
And if a man sell his daughter to be a maidservant, she shall not go out as the menservants do.
And if a man sell his daughter to be a maidservant,.... That is, if an Israelite, as the Targum of Jonathan, sells his little daughter, as the same Targum, and so Jarchi and Aben Ezra, one that is under age, that is not arrived to the age of twelve years and a day, and this through poverty; he not being able to support himself and his family, puts his daughter out to service, or rather sells her to be a servant:
she shall not go out as the menservants do; that are sold, before described; or rather, according to the Targum,"as the Canaanitish servants go out, who are made free, because of a tooth, or an eye, (the loss of them, Exodus 21:26) but in the years of release, and with the signs (of puberty), and in the jubilee, and at the death of their masters, with redemption of silver,''so Jarchi.
Exodus 21:8
If she please not her master, who hath betrothed her to himself, then shall he let her be redeemed: to sell her unto a strange nation he shall have no power, seeing he hath dealt deceitfully with her.
If she please not her master,.... "Be evil in the eyes of her master" (p); and he has no liking of her, and love to her, not being agreeable in her person, temper, or conduct, so that he does not choose to make her his wife:
who hath betrothed her to him; but not completed the marriage, as he promised, when he bought her, or at least gave reason to expect that he would; for, according to the Jewish canons, a Hebrew handmaid might not be sold but to one who laid himself under obligation to espouse her to himself, or his son, when she was fit to be betrothed (q); and so Jarchi says, he ought to espouse her, and take her to be his wife, for the money of her purchase is the money of her espousals. There is a double reading of this passage, the Keri, or marginal reading we follow; the Cetib, or written text, is, "who hath not betrothed her", both may be taken in, "who hath not betrothed her to him", as he said he would, or as it was expected he should; for, had she been really betrothed, what follows could not have been done:
then shall he let her be redeemed; she being at age, and fit for marriage, and her master not caring to marry her, her father shall redeem her, as the Targum of Jonathan; it was incumbent on him to do that, as it was on her master to let her be redeemed, to admit of the redemption of her; or whether, as Aben Ezra says, she redeemed herself, or her father, or one of her relations, if she was near the six years (the end of them), they reckoned how many years she had served, and how many were yet to the seventh, or to the time that she is in her own power, and according to the computation was the redemption: thus, for instance, as it is by others (r) put, if she was bought for six pounds, then one pound is the service of every year; and if she redeemed herself, her master took off of the money for the years she had served; or thus (s), if she was bought for sixty pence, and had served two years, he must pay her forty pence, and so free her:
to sell her unto a strange nation, he shall have no power; that is, to another man, as both the Targums of Onkelos and Jonathan, even to an Israelite that was of another family, to whom the right of redemption did not belong; for to sell an Israelite, man or woman, to a Gentile, or one of another nation, was not allowed of in any case, as Josephus (t) observes; but the meaning is, he had no power to sell her to another, though of the same nation, to be his handmaid; this power neither her master nor her father had, as Jarchi asserts, she being redeemed, and in her own power:
seeing he hath dealt deceitfully with her; in not fulfilling his promise made to her father when he sold her to him, or not answering the expectation he had raised in her; and especially he dealt thus with her, if he had corrupted her, and yet refused to betroth and marry her.
(p) "mala in oculis", Montanus; "mala videbitur in oculis", Junius & Tremellius; "mala fuerit in oculis", Drusius. (q) Maimon. Hilchot Abadim, c. 4. sect. 11. & in Misn. Kiddushin, c. 1. sect. 2.((r) Bartenora in Kiddush. ib. (s) Maimon. in ib. (t) Antiqu. l. 16. c. 1. sect. 1.
Exodus 21:9
And if he have betrothed her unto his son, he shall deal with her after the manner of daughters.
And if he have betrothed her unto his son,.... Not caring to betroth and marry her himself, as being more suitable in age for his son than for himself:
he shall deal with her after the manner of daughters; as if she was his daughter, and give her a dowry: or the son shall treat her after the manner the daughters of Israel are treated when married, by giving her food, raiment, and the duty of marriage, so Jarchi: or after the manner of the daughters of Israel that are virgins, and who are not sold, as Aben Ezra.
Exodus 21:10
If he take him another wife; her food, her raiment, and her duty of marriage, shall he not diminish.
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, 1 Corinthians 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 Genesis 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.
Exodus 21:11
And if he do not these three unto her, then shall she go out free without money.
And if he do not these three unto her,.... Not the three things last mentioned; though this sense, Aben Ezra says, many of their interpreters give, which is rejected by him, so do some Christian expositors; but these three things are, espousing her to himself, or to his son, or redeeming her by the hand of her father; that is, letting her be redeemed by him, as the Targum of Jonathan; and so Jarchi, Aben Ezra, and Ben Melech: the meaning is, if one or other of these things are not done:
then shall she go out free without money; be dismissed from her servitude, and not obliged to pay anything for her freedom; the Targum of Jonathan adds, he shall give her a bill of divorce; that is, the son to whom she had been betrothed, and another wife taken by him, and she denied the above things; which favours the first sense.
Exodus 21:7
And if a man sell his daughter to be a maidservant, she shall not go out as the menservants do.
And if a man sell his daughter to be a maidservant,.... That is, if an Israelite, as the Targum of Jonathan, sells his little daughter, as the same Targum, and so Jarchi and Aben Ezra, one that is under age, that is not arrived to the age of twelve years and a day, and this through poverty; he not being able to support himself and his family, puts his daughter out to service, or rather sells her to be a servant:
she shall not go out as the menservants do; that are sold, before described; or rather, according to the Targum,"as the Canaanitish servants go out, who are made free, because of a tooth, or an eye, (the loss of them, Exodus 21:26) but in the years of release, and with the signs (of puberty), and in the jubilee, and at the death of their masters, with redemption of silver,''so Jarchi.
Exodus 21:8
If she please not her master, who hath betrothed her to himself, then shall he let her be redeemed: to sell her unto a strange nation he shall have no power, seeing he hath dealt deceitfully with her.
If she please not her master,.... "Be evil in the eyes of her master" (p); and he has no liking of her, and love to her, not being agreeable in her person, temper, or conduct, so that he does not choose to make her his wife:
who hath betrothed her to him; but not completed the marriage, as he promised, when he bought her, or at least gave reason to expect that he would; for, according to the Jewish canons, a Hebrew handmaid might not be sold but to one who laid himself under obligation to espouse her to himself, or his son, when she was fit to be betrothed (q); and so Jarchi says, he ought to espouse her, and take her to be his wife, for the money of her purchase is the money of her espousals. There is a double reading of this passage, the Keri, or marginal reading we follow; the Cetib, or written text, is, "who hath not betrothed her", both may be taken in, "who hath not betrothed her to him", as he said he would, or as it was expected he should; for, had she been really betrothed, what follows could not have been done:
then shall he let her be redeemed; she being at age, and fit for marriage, and her master not caring to marry her, her father shall redeem her, as the Targum of Jonathan; it was incumbent on him to do that, as it was on her master to let her be redeemed, to admit of the redemption of her; or whether, as Aben Ezra says, she redeemed herself, or her father, or one of her relations, if she was near the six years (the end of them), they reckoned how many years she had served, and how many were yet to the seventh, or to the time that she is in her own power, and according to the computation was the redemption: thus, for instance, as it is by others (r) put, if she was bought for six pounds, then one pound is the service of every year; and if she redeemed herself, her master took off of the money for the years she had served; or thus (s), if she was bought for sixty pence, and had served two years, he must pay her forty pence, and so free her:
to sell her unto a strange nation, he shall have no power; that is, to another man, as both the Targums of Onkelos and Jonathan, even to an Israelite that was of another family, to whom the right of redemption did not belong; for to sell an Israelite, man or woman, to a Gentile, or one of another nation, was not allowed of in any case, as Josephus (t) observes; but the meaning is, he had no power to sell her to another, though of the same nation, to be his handmaid; this power neither her master nor her father had, as Jarchi asserts, she being redeemed, and in her own power:
seeing he hath dealt deceitfully with her; in not fulfilling his promise made to her father when he sold her to him, or not answering the expectation he had raised in her; and especially he dealt thus with her, if he had corrupted her, and yet refused to betroth and marry her.
(p) "mala in oculis", Montanus; "mala videbitur in oculis", Junius & Tremellius; "mala fuerit in oculis", Drusius. (q) Maimon. Hilchot Abadim, c. 4. sect. 11. & in Misn. Kiddushin, c. 1. sect. 2.((r) Bartenora in Kiddush. ib. (s) Maimon. in ib. (t) Antiqu. l. 16. c. 1. sect. 1.
Exodus 21:9
And if he have betrothed her unto his son, he shall deal with her after the manner of daughters.
And if he have betrothed her unto his son,.... Not caring to betroth and marry her himself, as being more suitable in age for his son than for himself:
he shall deal with her after the manner of daughters; as if she was his daughter, and give her a dowry: or the son shall treat her after the manner the daughters of Israel are treated when married, by giving her food, raiment, and the duty of marriage, so Jarchi: or after the manner of the daughters of Israel that are virgins, and who are not sold, as Aben Ezra.
Exodus 21:10
If he take him another wife; her food, her raiment, and her duty of marriage, shall he not diminish.
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, 1 Corinthians 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 Genesis 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.
Exodus 21:11
And if he do not these three unto her, then shall she go out free without money.
And if he do not these three unto her,.... Not the three things last mentioned; though this sense, Aben Ezra says, many of their interpreters give, which is rejected by him, so do some Christian expositors; but these three things are, espousing her to himself, or to his son, or redeeming her by the hand of her father; that is, letting her be redeemed by him, as the Targum of Jonathan; and so Jarchi, Aben Ezra, and Ben Melech: the meaning is, if one or other of these things are not done:
then shall she go out free without money; be dismissed from her servitude, and not obliged to pay anything for her freedom; the Targum of Jonathan adds, he shall give her a bill of divorce; that is, the son to whom she had been betrothed, and another wife taken by him, and she denied the above things; which favours the first sense.
