Jamieson-Fausset-Brown Commentary Critical and Explanatory on the Whole Bible · 출애굽기 21장

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1

Ex 21:1-6.

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出埃及记 21:1-6.

关于男仆的 律例

1. 典章——即规范审判官与官长在断案和审讯罪犯时所用程序的法则。以色列人的政体既是神权政治,这些公共权威便是神圣君王的仆人,须遵从祂的指示。此处所列的大部分律例,都是远古的习俗,本于自然公平的原则,经修改完善后被纳入摩西的律法之中。

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Ex 21:1-6.

LAWS FOR MENSERVANTS.

1. judgments--rules for regulating the procedure of judges and magistrates in the decision of cases and the trial of criminals. The government of the Israelites being a theocracy, those public authorities were the servants of the Divine Sovereign, and subject to His direction. Most of these laws here noticed were primitive usages, founded on principles of natural equity, and incorporated, with modifications and improvements, in the Mosaic code.

2

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2-6. 你若买希伯来人作奴仆——每个以色列人都是自由身生的;但在某些限制之下,奴役是获准许的。希伯来人可因贫穷、负债或犯罪而沦为奴仆;但满六年之后,他便有权得自由,他的妻子若自愿与他同受奴役,也一同获释。然而,他若娶了女奴为妻,她和孩子们在丈夫获释之后,仍是主人的产业;那希伯来人若因眷恋家人而甘愿放弃他的权利,照旧留下,便要在公开法庭经过正式程序,在他耳朵上烙下奴仆的印记

(诗 40:6),

终身带着,至少直到禧年

(申 15:17)。

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2-6. If thou buy an Hebrew servant--Every Israelite was free-born; but slavery was permitted under certain restrictions. An Hebrew might be made a slave through poverty, debt, or crime; but at the end of six years he was entitled to freedom, and his wife, if she had voluntarily shared his state of bondage, also obtained release. Should he, however, have married a female slave, she and the children, after the husband's liberation, remained the master's property; and if, through attachment to his family, the Hebrew chose to forfeit his privilege and abide as he was, a formal process was gone through in a public court, and a brand of servitude stamped on his ear

(Ps 40:6)

for life, or at least till the Jubilee

(De 15:17).

7

Ex 21:7-36.

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出埃及记 21:7-36.

关于使女的 律例

7-11. 人若卖女儿——希伯来女孩可以合理的价银赎回。但若她的父母或朋友无力付出赎银,她的主人也不可随意将她卖到别处。她若已许配给他或他的儿子,而任何一方改变心意,就必须按她作为未婚妻的身份供给她合适的生活,否则立即给她自由。

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Ex 21:7-36.

LAWS FOR MAIDSERVANTS.

7-11. 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.

23

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23-25. 以眼还眼——授权报复(这是一切原始民族所奉行的原则)的律法,是一条民事律法。它是为规范官长在判定每一伤害案件的赔偿数额时所用的程序而设的,并非鼓励私仇。然而,后来的犹太人误把它当作道德律,被我们的主所纠正

(太 5:38-42)。

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23-25. eye for eye--The law which authorized retaliation (a principle acted upon by all primitive people) was a civil one. It was given to regulate the procedure of the public magistrate in determining the amount of compensation in every case of injury, but did not encourage feelings of private revenge. The later Jews, however, mistook it for a moral precept, and were corrected by our Lord

(Mt 5:38-42).

28

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28-36. 牛若触死男人或是女人——为要使人的血被视为神圣,并以严肃的眼光看待一切关乎性命的伤害,凡造成死亡的牲畜都要被处死,或按其所造成损害的程度受相当的刑罚。在波斯和其他东方国家,至今仍按这原则施行惩罚;在粗野的民众中,如此行比惩罚牲主更能激发他们小心谨慎,使他们约束有害的牲畜。

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28-36. If an ox gore a man or a woman, that they die--For the purpose of sanctifying human blood, and representing all injuries affecting life in a serious light, an animal that occasioned death was to be killed or suffer punishment proportioned to the degree of damage it had caused. Punishments are still inflicted on this principle in Persia and other countries of the East; and among a rude people greater effect is thus produced in inspiring caution, and making them keep noxious animals under restraint, than a penalty imposed on the owners.

30

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30. 若罚他赎命的价银——血价在阿拉伯人中很普遍,正如从前在东方普遍通行一样。这是摩西律法中唯一明确允许以金钱赔偿代替死刑的案例。

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30. If there be laid on him a sum of money, &c.--Blood fines are common among the Arabs as they were once general throughout the East. This is the only case where a money compensation, instead of capital punishment, was expressly allowed in the Mosaic law.