Chapter commentary
Exodus Chapter 22
서론
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The laws of this chapter relate, I. To the eighth commandment, concerning theft (Ex 22:1-4), trespass by cattle (Ex 22:5), damage by fire (Ex 22:6), trusts (Ex 22:7-13), borrowing cattle (Ex 22:14,15), or money, Ex 22:25. II. To the seventh commandment. Against fornication (Ex 22:16,17), bestiality, Ex 22:19. III. To the first table, forbidding witchcraft (Ex 22:18), idolatry, Ex 22:20. Commanding to offer the firstfruits, Ex 22:29,30. IV. To the poor, Ex 22:21-24. V. To the civil government, Ex 22:28. VI. To the peculiarity of the Jewish nation, Ex 22:31.
1-31
Judicial Laws (1491 BC)
简体中文
司法典章(公元前1491年)
¹ 人若偷牛或羊,无论是宰了或卖了,他就要以五牛赔一牛,以四羊赔一羊。 ² 人若遇见贼挖窟窿,把贼打了,以致于死,就不能为他有流血之罪。 ³ 若太阳已经出来,就为他有流血之罪。贼若被拿,总要赔还;他若一无所有,就要被卖,还他所偷之物。 ⁴ 若他所偷的,或牛、或驴、或羊,在他手下存活,这都要加倍赔还。 ⁵ 人若在田间或在葡萄园里放牲畜,任凭牲畜上别人的田间去吃,就必拿自己田间上好的和葡萄园上好的赔还。 ⁶ 若点火焚烧荆棘,以致将别人堆积的禾捆、站着的庄稼或田园都烧尽了,那点火的必要赔还。
此处可见关于:
I\. 偷盗的律法,如下:1. 人若偷了任何牲畜(那是当时财富的主要所在),而在他手中被寻见,他当加倍赔还(出22:4)。这样他既当为所行的错事满足,又当为所犯的罪受苦。但后来又规定,贼若良心受感,在被人发现或查究之前自愿认罪,他就只要赔还他所偷的,并加五分之一(利6:4,5)。2. 他若把所偷的羊或牛宰了或卖了——以此执意犯罪——他当以五牛赔一牛,以四羊赔一羊(出22:1);牛赔得比羊多,因为主人除了其他利益之外,还失去了牛每日的劳力。这律法教导我们:欺诈和不义非但不能使人富足,反要使他们贫穷:我们若不义地取得并据有别人的东西,它不但要消耗自己,还要消耗我们自己的。3. 他若无力赔还,便当被卖为奴(出22:3)。审判的法庭当行这事,而极有可能被抢的人得那笔钱。这样在我们中间,在某些情形中,重犯被遣送到种植园——唯独在那里英国人才知道奴役是什么。4. 贼若在夜间入室行窃,在行窃时被打死,他的血就归在他自己头上,不可向那流血的人追讨(出22:2)。正如行不合法之事的人当为随之而来的对别人的祸害担罪,照样也当为随之而来的对自己的祸害担罪。人的家便是他的堡垒,神的律法和人的律法都设了护卫;那攻击它的,是冒险行事。然而若是贼在白天被杀,杀他的便当为此负责(出22:3),除非是在正当防卫自己性命的情形之下。按:我们当顾惜甚至坏人的性命;官长当为我们伸冤,我们不可自行报复。
II\. 关于侵权的律法(出22:5)。那故意放牲畜到邻舍田间的,当拿自己上好的赔还。我们的法律在这事与其他偷盗之间所作的区别,比摩西律法大得多。犹太人从此观察到一条通则:赔还总当以最好的来赔;并且任何人都不可留养那些可能会侵犯邻舍或造成损害的牲畜。我们当更加小心不作错事,胜过不受冤屈——因为受冤屈不过是苦难,作错事却是罪,而罪总是比苦难更糟。
III\. 关于火灾造成的损害(出22:6)。那原只想烧荆棘的,可能成为烧毁谷物的从犯,却不可算为无罪。性情急躁火热的人当谨慎,恐怕他们虽假装只是要拔出稗子,却连麦子也连根拔出。火若造成祸害,那点火的当为之负责,纵然不能证明他有意造成祸害。人当为他们的疏忽受苦,正如为他们的恶意受苦一样。我们当谨慎不可挑启争端;因为虽似乎微不足道,我们却不知它能点燃何等大的火——这责任我们必须担当,如果我们如同疯子一般投掷火把、箭矢与死亡,却假装并无恶意。我们若想到自己不仅要为所作的伤害负责,也要因疏忽所致的伤害负责,便会使我们对自己极其谨慎。
⁷ 人若将银钱或物件交托邻舍看守,这物从那人的家里被偷去,若把贼找到了,贼要加倍赔还。 ⁸ 若找不到贼,那家主必就近审判官,看看他拿了原主的物件没有。 ⁹ 无论什么案件,无论是为牛、为驴、为羊、为衣裳,或是为甚么失物,有一人说这是我的,这两造的案件就要呈到审判官面前;审判官定谁有罪,谁就加倍赔还。 ¹⁰ 人若将驴、或牛、或羊、或别的牲畜,交付邻舍看守,牲畜或死、或受伤、或被抢去,无人看见, ¹¹ 那看守的人要在耶和华面前起誓,手里未曾拿原主的物件;本主就要罢休,看守的不必赔还。 ¹² 牲畜若被偷去,他就要赔还本主。 ¹³ 若被野兽撕碎,他要带来当作证据,所撕的不必赔还。 ¹⁴ 人若向邻舍借什么,所借的或受伤、或死,本主没有同在一起,就要赔还。 ¹⁵ 若本主同在一起,他就不必赔还;若是雇的,本是为雇价而来。
这些律法是:
I\. 关于委托的(出22:7-13)。人若将货物——比如交给运送人运送,或交给仓库人保管,或将牲畜交给农人喂养——是基于有价的报酬,并对受托之人有特别的信任,那么这些货物若被偷或丢失、毁坏或损坏,若显明并非因受托人的过失,本主当承受损失;否则那对此委托不忠的人,必被强迫赔偿。若案情无其他证据,受托人当在审判官面前起誓声明自己无辜,审判官当按所显明的判定这事。这教导我们:1. 我们对所受托的一切当极其谨慎——虽是别人的,也当视之如自己的同样谨慎。背弃委托是不义卑鄙的,是全世界都要喊羞的。2. 世上真道和公义如此普遍失落,以致每逢有利于人不诚实时,便有太多理由怀疑人的诚实。3. 起誓为确认,乃是结束纷争(来6:16)。这被称为向耶和华起的誓(出22:11),因为 appeals 是向祂而作——不仅以祂为真理的见证人,也以祂为冤屈与虚谎的报应者。那些因行了不义之事而伤害了邻舍的人,或许还可盼望他们尚未堕落到如此亵渎良心——以致亵渎向耶和华所起的誓,并召唤真理之神作谎言的见证人:伪证是连天然良心也与其他任何罪一样震惊的罪。起誓的宗教极为古老,也是普遍相信有神、有护理、有将来审判的明证。4. 官长职是神的设立,其目的之一是帮助人既发现所争的权利,又追回被否认的权利;对审判官的判决当大加尊重。5. 人没有理由为他所不能避免的事受苦:主人对待仆人当想到这点,不可把本是意外的事责备为过失——他们自己若处在仆人的地位也不能避免。
II\. 关于借贷的(出22:14,15)。人若(比方说)将他的牲畜借给邻舍,若本主同在,或要因借出而得利,那么牲畜无论受何损害,本主当承受损失;但若本主如此厚待借的人,白白地借给他,并对他如此信任,以至将它放在自己眼目之外,那么若有损害发生,借的人当赔还。让我们由此学会极其小心,不滥用所借给我们的任何东西;这不仅是不义的,也是卑鄙不诚实的,因为这是以恶报善;我们宁可自己受损,也不可因人对我们的恩慈而使任何人受损。哀哉,主人,因为它是借的(王下6:5)。
¹⁶ 人若引诱未受聘的处女,与她同寝,他就必交出聘礼娶她为妻。 ¹⁷ 若她的父亲决意不肯将女儿给他,他就要按处女的聘礼交出银子来。 ¹⁸ 行邪术的女人,不可容她存活。 ¹⁹ 凡与兽淫合的,必要把他治死。 ²⁰ 祭祀别神,不单单祭祀耶和华的,那人必要灭绝。 ²¹ 不可亏负寄居的,也不可欺压他,因为你们在埃及地也作过寄居的。 ²² 不可苦待寡妇和孤儿。 ²³ 若是苦待他们一点,他们向我一哀求,我总要听他们的呼声; ²⁴ 并要发烈怒,用刀杀你们,使你们的妻子为寡妇,儿女为孤儿。
此处可见:
I\. 一条律法:凡玷污了年轻女子的,必被迫娶她为妻(出22:16,17)。她若已许配给别人,玷污她便是死罪(申22:23,24);但此处所提的律法是指她为单身。但父亲若不肯把她给他,他当以金钱为他对她所造成的伤害与羞辱赔偿。这律法将尊荣加于婚姻之上,也显明儿女未得父母同意而结婚是何等不合宜之事:甚至在此——神圣的律法指定了婚姻,既为刑罚那行错事的人,也为赔偿那受冤的人——却仍明确保留了父亲的权力;父亲若不同意,便不可成婚。
II\. 一条将行邪术定为死罪的律法(出22:18)。行邪术不但将唯独当归给神的尊荣归给魔鬼,更是向神圣护理挑战,与神的治理开战,并将祂的工交在魔鬼手中——指望他行善也行恶,于是使他实在成为这世界的神;因此将之处死乃是公义的,尤其在一个蒙神圣启示、并受神圣护理眷顾过于天下任何民族的民中。按我们的法律,为任何目的咨询、与邪灵立约、求告或雇用邪灵,以及施行任何叫任何人受害的邪术、符咒或法术,都定为重罪,不得享神职人员的豁免;又假装能告知失物或赃物在何处等等,也是官长可罚的不义,第二次犯便处死。我们法律在此事上的公义,有此处所记神律法的支持。
III. 违反自然的可憎之事在此定为死罪;犯这些事的人虽具人形,却是兽类,不配存活(出22:19):凡与兽淫合的,必要治死。
IV. 拜偶像也定为死罪(出22:20)。神既已声明祂在这事上忌邪,官府也当在这事上忌邪,将那些敬拜别神不拜耶和华的以色列人、家族和地方全然除灭:这律法若不是那些本当执行它的人作了违反它的首领,本可防止犹太民族后来那些可悲的背道。
V. 关于欺压的警诫。因为那些有权刑罚其他罪的人,自己最容易犯这罪,神便将刑罚这事归到祂自己手中。
1. 不可亏负寄居的人(出22:21)——官长在审判中不可冤屈他们,在交易中不可占他们便宜,也不可利用他们的无知或急难;不但不可讥诮、践踏、轻蔑待他们,或以"寄居的"侮辱他们;因为这些都是苦恼,要使寄居的人不愿来住在他们中间,或要加强他们对他们宗教的偏见——他们本当用一切亲切温和的方法设法使他们归信。他们当善待寄居之人的理由是:你们在埃及地也作过寄居的,知道在那里被苦恼欺压是什么滋味。按:(1.) 人道是宗教之律之一,特别要求我们顾恤那些最处于劣势和沮丧中的人,并将我们的同情关怀扩展到陌生人,以及那些我们与他们在血缘或相识上并无关联的人。对我们陌生的人,为神所认识,祂也保护他们(诗146:9)。(2.) 凡自称有信仰的人当留心善待寄居的人,好借此将信仰推荐给他们看好,并谨慎不可作任何叫他们想宗教或宗教之信徒不好的事(彼前2:12)。(3.) 自己曾在贫乏患难中的人,若蒙护理使他们丰富扩展,便当向那些如今处于他们从前所处境况的人格外温柔——如今待他们,正如他们那时盼望别人怎样待自己。
2. 寡妇和孤儿不可受亏负(出22:22):不可苦待他们——即"你们当安慰他们,帮助他们,并在一切场合准备好向他们施恩慈。" 向他们提出正当的要求时,当考虑他们的境况——他们已经失去了那本当为他们处理事务、保护他们的人;他们被认为是无经验于事务、缺乏忠告、胆怯、心灵柔嫩的,因此当以恩慈怜悯待之;不可占他们的便宜,也不可加给他们那有丈夫或有父亲时便可得庇护的艰难。因为:(1.) 神特别顾念他们的案件(出22:23)。他们既无别人可以投诉、可以上诉,他们必向神呼求,而祂必听他们;因为祂的律法和祂的护理是寡妇和孤儿的守护者,若人不怜悯他们、不肯听他们,祂必听。按:那被人欺压冤屈的人有一位神可以投奔——祂所作的远超过给他们一个听证——这是他们极大的安慰;这也当成为欺压者的恐怖——他们有穷人的呼声反对他们,而神必听。不但如此,(2.) 祂必严厉地向那欺压他们的人算账。他们虽能逃脱人的刑罚,神的公义审判必追赶他们、追上他们(出22:24)。有公义感和荣誉感的人都要为弱者无助者的冤屈案件伸张;公义的神岂不更要如此行吗?请留意此处对欺压寡妇孤儿之人所判的公正:他们的妻子要成为寡妇,他们的儿女要成为孤儿;耶和华借这些审判为人所认识——祂有时至今仍如此执行。
²⁵ 我民中有贫穷人与你同住,你若借钱给他,不可如放债的向他取利。 ²⁶ 你既拿邻舍的衣服作当头,必在日落以先归还他; ²⁷ 因那是他唯一的遮盖,是他当遮体的衣服;他若没有,怎能睡觉呢?他哀求我,我就应允,因为我是有恩惠的。 ²⁸ 不可毁谤神,也不可毁谤你百姓的官长。 ²⁹ 你从你庄稼中的谷和酒榨中滴出来的酒,不可迟延献上;你要将头生的儿子归给我。 ³⁰ 你牛羊头生的,也要这样作;七天当跟着母,第八日要归给我。 ³¹ 你们要在我面前作圣洁的人;田间被野兽撕裂牲畜的肉,你们不可吃,要丢给狗吃。
此处可见:
I. 禁止在借贷中勒索的律法。1. 他们不可向那些为急需而借的人收取利息(出22:25)——如尼5:5,7的情形。律法又借禧年为各家保留产业,使一个很少参与贸易的民不致为别的而借,只为急需而借,所以在他们中间普遍禁止这事;但对外人——他们仍不可欺压——却允许放债取利:所以这条律法严格地说似乎为犹太国所特有;但按其公平之理,它要求我们向那些我们原可占便宜的人施怜悯,并在受害借者遭遇患难时与他们同受损失,也与他们同享利润;按此条件,似乎我收取别人辛苦经营、却冒风险使用的金钱的利息,与收取别人辛苦耕种、却冒风险使用的土地的租金,同样合法。2. 他们不可拿穷人的被褥作当头;但若拿了,必须在睡觉以前归还(出22:26,27)。自己睡得柔软温暖的人,当想到许多穷人所受的又冷又硬的住宿,不可作任何使坏的更糟、或加苦难给受苦者的事。
II. 禁止藐视权柄的律法(出22:28):不可毁谤神——即审判官与官长——因为他们执行这些律法;无论谁受损,他们当尽本分。官长不当惧怕人的毁谤和辱骂,只要良心无亏,便当视之如无;但那些因官长成为恶行恶人之畏惧而辱骂他们的人,便是非难神自己,将来必有许多要交账。我们看见那些轻慢主治、毁谤在尊位的人(犹8)处于黑暗的品格和沉重的厄运之下。君王和官长是我们的父亲,第五条诫命要求我们尊敬他们,禁止我们毁谤他们。使徒保罗将这条律法应用到自己身上,承认他不可毁谤他百姓的官长——即使那官长当时是他最不义的逼迫者(徒23:5;见传10:20)。
III. 关于献初熟之物给神的律法(出22:29,30)。这事先前已规定(出13:1-22),此处重复:你要将头生的儿子归给我;我们更有理由将自己和我们一切所有的归给神,因为祂不爱惜自己的儿子,反而为我们众人舍了。他们庄稼初熟的谷不可迟延献上。我们若迟延本分,便有完全忽略它的危险;借着放弃头一个机会、盼望另一个机会,我们便让撒但欺骗了我们所有的时间。年轻的人不可迟延将他们时间和力量的初熟之物献给神,恐怕他们的迟延至终成为否认——因罪的诡诈,他们所应许自己那"更方便的时机"永不到来。但又规定他们牲畜头生的不到七日不可献给神,因为那时它才开始有用。按:神是首,是至善,因此当得着首先的与至善的。
IV. 在犹太人和其他一切民族之间所设的区别:你们要在我面前作圣洁的人;他们的饮食中有一项这可尊敬的区别的记号,即他们不可吃被野兽撕裂的肉(出22:31)——不仅因为它不健康,更因为它是卑劣、下贱、贪婪的,是那些在神面前为圣洁之人所不屑为的——吃野兽所剩下的。我们这些归圣归神的人不可在饮食上好奇挑剔;但我们必须良心敏感,不可毫无畏惧地纵情饮食,而当按规则饮食——节制的规则——为荣耀神而行。
English original
Judicial Laws (1491 BC)
¹ If a man shall steal an ox, or a sheep, and kill it, or sell it; he shall restore five oxen for an ox, and four sheep for a sheep.
² If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him.
³ If the sun be risen upon him, there shall be blood shed for him; for he should make full restitution; if he have nothing, then he shall be sold for his theft.
⁴ If the theft be certainly found in his hand alive, whether it be ox, or ass, or sheep; he shall restore double.
⁵ If a man shall cause a field or vineyard to be eaten, and shall put in his beast, and shall feed in another man's field; of the best of his own field, and of the best of his own vineyard, shall he make restitution.
⁶ If fire break out, and catch in thorns, so that the stacks of corn, or the standing corn, or the field, be consumed therewith; he that kindled the fire shall surely make restitution.
Here are the laws,
I. Concerning theft, which are these:—1. If a man steal any cattle (in which the wealth of those times chiefly consisted), and they be found in his custody, he must restore double, Ex 22:4. Thus he must both satisfy for the wrong and suffer for the crime. But it was afterwards provided that if the thief were touched in conscience, and voluntarily confessed it, before it was discovered or enquired into by any other, then he should only make restitution of what he had stolen, and add to it a fifth part, Le 6:4,5. 2. If he had killed or sold the sheep or ox he had stolen, and thereby persisted in his crime, he must restore five oxen for an ox, and four sheep for a sheep (Ex 22:1), more for an ox than for a sheep because the owner, besides all the other profit, lost the daily labour of his ox. This law teaches us that fraud and injustice, so far from enriching men, will impoverish them: if we unjustly get and keep that which is another's, it will not only waste itself, but it will consume that which is our own. 3. If he was not able to make restitution, he must be sold for a slave, Ex 22:3. The court of judgment was to do it, and it is probable that the person robbed had the money. Thus with us, in some cases, felons are transported into plantations where alone Englishmen know what slavery is. 4. If a thief broke a house in the night, and was killed in the doing of it, his blood was upon his own head, and should not be required at the hand of him that shed it, Ex 22:2. As he that does an unlawful act bears the blame of the mischief that follows to others, so likewise of that which follows to himself. A man's house is his castle, and God's law, as well as man's, sets a guard upon it; he that assaults it does so at his peril. Yet, if it was in the day-time that the thief was killed, he that killed him must be accountable for it (Ex 22:3), unless it was in the necessary defence of his own life. Note, We ought to be tender of the lives even of bad men; the magistrate must afford us redress, and we must not avenge ourselves.
II. Concerning trespass, Ex 22:5. He that wilfully put his cattle into his neighbour's field must make restitution of the best of his own. Our law makes a much greater difference between this and other thefts than the law of Moses did. The Jews hence observed it as a general rule that restitution must always be made of the best, and that no man should keep any cattle that were likely to trespass upon his neighbours or do them any damage. We should be more careful not to do wrong than not to suffer wrong, because to suffer wrong is only an affliction, but to do wrong is a sin, and sin is always worse than affliction.
III. Concerning damage done by fire, Ex 22:6. He that designed only the burning of thorns might become accessory to the burning of corn, and should not be held guiltless. Men of hot and eager spirits should take heed, lest, while they pretend only to pluck up the tares, they root out the wheat also. If the fire did mischief, he that kindled it must answer for it, though it could not be proved that he designed the mischief. Men must suffer for their carelessness, as well as for their malice. We must take heed of beginning strife; for, though it seem but little, we know not how great a matter it may kindle, the blame of which we must bear, if, with the madman, we cast fire-brands, arrows, and death, and pretend we mean no harm. It will make us very careful of ourselves, if we consider that we are accountable, not only for the hurt we do, but for the hurt we occasion through inadvertency.
⁷ If a man shall deliver unto his neighbour money or stuff to keep, and it be stolen out of the man's house; if the thief be found, let him pay double.
⁸ If the thief be not found, then the master of the house shall be brought unto the judges, to see whether he have put his hand unto his neighbour's goods.
⁹ For all manner of trespass, whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing, which another challengeth to be his, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double unto his neighbour.
¹⁰ If a man deliver unto his neighbour an ass, or an ox, or a sheep, or any beast, to keep; and it die, or be hurt, or driven away, no man seeing it:
¹¹ Then shall an oath of the LORD be between them both, that he hath not put his hand unto his neighbour's goods; and the owner of it shall accept thereof, and he shall not make it good.
¹² And if it be stolen from him, he shall make restitution unto the owner thereof.
¹³ If it be torn in pieces, then let him bring it for witness, and he shall not make good that which was torn.
¹⁴ And if a man borrow ought of his neighbour, and it be hurt, or die, the owner thereof being not with it, he shall surely make it good.
¹⁵ But if the owner thereof be with it, he shall not make it good: if it be an hired thing, it came for his hire.
These laws are,
I. Concerning trusts, Ex 22:7-13. If a man deliver goods, suppose to a carrier to be conveyed, or to a warehouse-keeper to be preserved, or cattle to a farmer to be fed, upon a valuable consideration, and if a special confidence be reposed in the person they are lodged with, in case these goods be stolen or lost, perish or be damaged, if it appear that it was not by any fault of the trustee, the owner must stand to the loss, otherwise he that has been false to this trust must be compelled to make satisfaction. The trustee must aver his innocence upon oath before the judges, if the case was such as afforded no other proof, and they were to determine the matter according as it appeared. This teaches us, 1. That we ought to be very careful of every thing we are entrusted with, as careful of it, though it be another's, as if it were our own. It is unjust and base, and that which all the world cries shame on, to betray a trust. 2. That there is such a general failing of truth and justice upon earth as gives too much occasion to suspect men's honesty whenever it is their interest to be dishonest. 3. That an oath for confirmation is an end of strife, Heb 6:16. It is called an oath for the Lord (Ex 22:11), because to him the appeal is made, not only as to a witness of truth, but as to an avenger of wrong and falsehood. Those that had offered injury to their neighbour by doing any unjust thing, yet, it might be hoped, had not so far debauched their consciences as to profane an oath of the Lord, and call the God of truth to be witness to a lie: perjury is a sin which natural conscience startles at as much as any other. The religion of an oath is very ancient, and a plain indication of the universal belief of a God, and a providence, and a judgment to come. 4. That magistracy is an ordinance of God, designed, among other intentions, to assist men both in discovering rights disputed and recovering rights denied; and great respect ought to be paid to the determination of the judges. 5. That there is no reason why a man should suffer for that which he could not help: masters should consider this, in dealing with their servants, and not rebuke that as a fault which was a mischance, and which they themselves, had they been in their servants' places, could not have prevented.
II. Concerning loans, Ex 22:14,15. If a man (suppose) lent his team to his neighbour, if the owner was with it, or was to receive profit for the loan of it, whatever harm befel the cattle the owner must stand to the loss of: but if the owner was so kind to the borrower as to lend it to him gratis, and put such a confidence in him as to trust it from under his own eye, then, if any harm happened, the borrower must make it good. Let us learn hence to be very careful not to abuse any thing that is lent us; it is not only unjust, but base and disingenuous, inasmuch as it is rendering evil for good; we should much rather choose to lose ourselves than that any should sustain loss by their kindness to us. Alas, master! for it was borrowed, 2Ki 6:5.
¹⁶ And if a man entice a maid that is not betrothed, and lie with her, he shall surely endow her to be his wife.
¹⁷ If her father utterly refuse to give her unto him, he shall pay money according to the dowry of virgins.
¹⁸ Thou shalt not suffer a witch to live.
¹⁹ Whosoever lieth with a beast shall surely be put to death.
²⁰ He that sacrificeth unto any god, save unto the LORD only, he shall be utterly destroyed.
²¹ Thou shalt neither vex a stranger, nor oppress him: for ye were strangers in the land of Egypt.
²² Ye shall not afflict any widow, or fatherless child.
²³ If thou afflict them in any wise, and they cry at all unto me, I will surely hear their cry;
²⁴ And my wrath shall wax hot, and I will kill you with the sword; and your wives shall be widows, and your children fatherless.
Here is, I. A law that he who debauched a young woman should be obliged to marry her, Ex 22:16,17. If she was betrothed to another, it was death to debauch her (De 22:23,24); but the law here mentioned respects her as single. But, if the father refused her to him, he was to give satisfaction in money for the injury and disgrace he had done her. This law puts an honour upon marriage and shows likewise how improper a thing it is that children should marry without their parents' consent: even here, where the divine law appointed the marriage, both as a punishment to him that had done wrong and a recompence to her that had suffered wrong, yet there was an express reservation for the father's power; if he denied his consent, it must be no marriage.
II. A law which makes witchcraft a capital crime, Ex 22:18. Witchcraft not only gives that honour to the devil which is due to God alone, but bids defiance to the divine Providence, wages war with God's government, and puts his work into the devil's hand, expecting him to do good and evil, and so making him indeed the god of this world; justly therefore was it punished with death, especially among a people that were blessed with a divine revelation, and cared for by divine Providence above any people under the sun. By our law, consulting, covenanting with, invocating, or employing, any evil spirit, to any intent whatsoever, and exercising any enchantment, charm, or sorcery, whereby hurt shall be done to any person whatsoever, is made felony, without benefit of clergy; also pretending to tell where goods lost or stolen may be found, or the like, is an iniquity punishable by the judge, and the second offence with death. The justice of our law herein is supported by the law of God recorded here.
III. Unnatural abominations are here made capital; such beasts in the shape of men as are guilty of them are unfit to live (Ex 22:19): Whosoever lies with a beast shall die.
IV. Idolatry is also made capital, Ex 22:20. God having declared himself jealous in this matter, the civil powers must be jealous in it too, and utterly destroy those persons, families, and places of Israel, that worshipped any god, save the Lord: this law might have prevented the woeful apostasies of the Jewish nation in after times, if those that should have executed it had not been ringleaders in the breach of it.
V. A caution against oppression. Because those who were empowered to punish other crimes were themselves most in danger of this, God takes the punishing of it into his own hands.
1. Strangers must not be abused (Ex 22:21), not wronged in judgment by the magistrates, not imposed upon in contracts, nor must any advantage be taken of their ignorance or necessity; no, nor must they be taunted, trampled upon, treated with contempt, or upbraided with being strangers; for all these were vexations, and would discourage strangers from coming to live among them, or would strengthen their prejudices against their religion, to which, by all kind and gentle methods, they should endeavour to proselyte them. The reason given why they should be kind to strangers is, "You were strangers in Egypt, and knew what it was to be vexed and oppressed there," Note, (1.) Humanity is one of the laws of religion, and obliges us particularly to be tender of those that lie most under disadvantages and discouragements, and to extend our compassionate concern to strangers, and those to whom we are not under the obligations of alliance or acquaintance. Those that are strangers to us are known to God, and he preserves them, Ps 146:9. (2.) Those that profess religion should study to oblige strangers, that they may thereby recommend religion to their good opinion, and take heed of doing any thing that may tempt them to think ill of it or its professors, 1Pe 2:12. (3.) Those that have themselves been in poverty and distress, if Providence enrich and enlarge them, ought to show a particular tenderness towards those that are now in such circumstances as they were in formerly, doing now by them as they then wished to be done by.
2. Widows and fatherless must not be abused (Ex 22:22): You shall not afflict them, that is, "You shall comfort and assist them, and be ready upon all occasions to show them kindness." In making just demands from them, their condition must be considered, who have lost those that should deal for them, and protect them; they are supposed to be unversed in business, destitute of advice, timorous, and of a tender spirit, and therefore must be treated with kindness and compassion; no advantage must be taken against them, nor any hardship put upon them, from which a husband or a father would have sheltered them. For, (1.) God takes particular cognizance of their case, Ex 22:23. Having no one else to complain and appeal to, they will cry unto God, and he will be sure to hear them; for his law and his providence are guardians to the widows and fatherless, and if men do not pity them, and will not hear them, he will. Note, It is a great comfort to those who are injured and oppressed by men that they have a God to go to who will do more than give them the hearing; and it ought to be a terror to those who are oppressive that they have the cry of the poor against them, which God will hear. Nay, (2.) He will severely reckon with those that do oppress them. Though they escape punishments from men, God's righteous judgments will pursue and overtake them, Ex 22:24. Men that have a sense of justice and honour will espouse the injured cause of the weak and helpless; and shall not the righteous God do it? Observe the equity of the sentence here passed upon those that oppress the widows and fatherless: their wives shall become widows, and their children fatherless; and the Lord is known by these judgments, which he sometimes executes still.
²⁵ If thou lend money to any of my people that is poor by thee, thou shalt not be to him as an usurer, neither shalt thou lay upon him usury.
²⁶ If thou at all take thy neighbour's raiment to pledge, thou shalt deliver it unto him by that the sun goeth down:
²⁷ For that is his covering only, it is his raiment for his skin: wherein shall he sleep? and it shall come to pass, when he crieth unto me, that I will hear; for I am gracious.
²⁸ Thou shalt not revile the gods, nor curse the ruler of thy people.
²⁹ Thou shalt not delay to offer the first of thy ripe fruits, and of thy liquors: the firstborn of thy sons shalt thou give unto me.
³⁰ Likewise shalt thou do with thine oxen, and with thy sheep: seven days it shall be with his dam; on the eighth day thou shalt give it me.
³¹ And ye shall be holy men unto me: neither shall ye eat any flesh that is torn of beasts in the field; ye shall cast it to the dogs.
Here is, I. A law against extortion in lending. 1. They must not receive use for money from any that borrowed for necessity (Ex 22:25), as in that case, Ne 5:5,7. And such provision the law made for the preservation of estates to their families by the year of jubilee that a people who had little concern in trade could not be supposed to borrow money but for necessity, and therefore it is generally forbidden among themselves; but to a stranger, whom yet they might not oppress, they were allowed to lend upon usury: this law, therefore, in the strictness of it, seems to have been peculiar to the Jewish state; but, in the equity of it, it obliges us to show mercy to those of whom we might take advantage, and to be content to share, in loss as well as profit, with those we lend to, if Providence cross them; and, upon this condition, it seems as lawful to receive interest for my money, which another takes pains with and improves, but runs the hazard of, in trade, as it is to receive rent for my land, which another takes pains with and improves, but runs the hazard of, in husbandry. 2. They must not take a poor man's bed-clothes in pawn; but, if they did, must restore them by bed-time, Ex 22:26,27. Those who lie soft and warm themselves should consider the hard and cold lodgings of many poor people, and not do any thing to make bad worse, or to add affliction to the afflicted.
II. A law against the contempt of authority (Ex 22:28): Thou shalt not revile the gods, that is, the judges and magistrates, for their executing these laws; they must do their duty, whoever suffer by it. Magistrates ought not to fear the reproach of men, nor their revilings, but to despise them as long as they keep a good conscience; but those that do revile them for their being a terror to evil works and workers reflect upon God himself, and will have a great deal to answer for another day. We find those under a black character, and a heavy doom, that despise dominion, and speak evil of dignities, Jude 1:8. Princes and magistrates are our fathers, whom the fifth commandment obliges us to honour and forbids us to revile. St. Paul applies this law to himself, and owns that he ought not to speak evil of the ruler of his people; no, not though the ruler was then his most unrighteous persecutor, Ac 23:5; see Ec 10:20.
III. A law concerning the offering of their first-fruits to God, Ex 22:29,30. It was appointed before (Ex 13:1-22), and it is here repeated: The firstborn of thy sons shalt thou give unto me; and much more reason have we to give ourselves, and all we have, to God, who spared not his own Son, but delivered him up for us all. The first ripe of their corn they must not delay to offer. There is danger, if we delay our duty, lest we wholly omit it; and by slipping the first opportunity, in expectation of another, we suffer Satan to cheat us of all our time. Let not young people delay to offer to God the first-fruits of their time and strength, lest their delays come, at last, to be denials, through the deceitfulness of sin, and the more convenient season they promise themselves never arrive. Yet it is provided that the firstlings of their cattle should not be dedicated to God till they were past seven days old, for then they began to be good for something. Note, God is the first and best, and therefore must have the first and best.
IV. A distinction put between the Jews and all other people: You shall be holy men unto me; and one mark of that honourable distinction is appointed in their diet, which was, that they should not eat any flesh that was torn of beasts (Ex 22:31), not only because it was unwholesome, but because it was paltry, and base, and covetous, and a thing below those who were holy men unto God, to eat the leavings of the beasts of prey. We that are sanctified to God must not be curious in our diet; but we must be conscientious, not feeding ourselves without fear, but eating and drinking by rule, the rule of sobriety, to the glory of God.
本章所载律法涉及:I. 第八条诫命——论偷盗(出22:1-4)、牲畜肇事(出22:5)、火灾损失(出22:6)、受托之物(出22:7-13)、借用牲畜(出22:14-15),以及借贷银钱(出22:25)。II. 第七条诫命——禁戒淫乱(出22:16-17)、兽奸(出22:19)。III. 第一块法版所关——禁戒行邪术(出22:18)、拜偶像(出22:20);命献初熟之果(出22:29-30)。IV. 论对待穷人(出22:21-24)。V. 论民政官长(出22:28)。VI. 论以色列民分别为圣之特性(出22:31)。