Exodus 21 - Introduction

THE BOOK OF THE COVENANT (Exodus 20:1 to Exodus 23:33).

In Exodus 24:7 we read of a ‘book of the covenant' written by Moses (see Exodus 24:4). Logically this must include the Sinai covenant and what follows, for the Sinai covenant was not made known to the people (they heard it as though it were thunder and the sound of a trumpet) until revealed to them by Moses. Some, however, see the book of the covenant as starting at Exodus 20:22 commencing with the words, ‘and Yahweh said to Moses', but as these are provisions extending the Sinai covenant and gain their validity through it we would argue that The Book of the Covenant commences here, although not denying that it is in two sections. This is confirmed by Exodus 24:3 where Moses speaks to the people ‘all the words of Yahweh and all the judgments'. The ‘judgments' are in Exodus 20:21 onwards (see Exodus 21:1), ‘all the words' must surely refer to the ten words and Exodus 20:22.

Note to Christians.

As we look at this chapter, we as the true Israel, the Israel of God, made up of the descendants of those Jews who first came to Jesus Christ in such abundance to form the new Israel (‘My congregations' - Matthew 16:18), and of all who through their testimony and its after effects have come to Him and been incorporated into the new Israel, can take to ourselves the words of His covenant. We can recognise in it our calling to be a kingdom of priests (Exodus 20:6 above; 1 Peter 2:5; 1 Peter 2:9) and a holy nation (Exodus 20:6 above; 1 Peter 2:9), and rejoice in the fact that we are a people for His special possession (Exodus 20:5 above; Titus 2:14; 1 Peter 2:9). And hearing of the splendour of the revelation of God at Sinai, we can recognise afresh that we deal with a holy and powerful God, Who has not changed. What has changed is that Jesus Christ having been offered for the sins of the world, we can approach Him without fear if our hearts are right towards Him.

End of note.

The Declaration of the Covenant (Exodus 20:1).

Before looking at the words that follow we must consider a phenomenon that was prevalent in the Near East around the time of Moses, and that is a particular form of Suzerainty covenant which was made by overlords with their subjects at that time, once they had been conquered. These were written in such a way as to suggest that the overlord was doing the subjugated a favour. And in return for that favour he expected them to fulfil the conditions of the treaty. He would begin by declaring his name and titles and would then follow that up with a historical outline of the benefits he had brought on his vassals. This would then be followed by a statement of their obligations and warnings of what would happen to those who breached them.

There are seven respects in which these treaties, made by overlords with their subjects in the Near East during the last part of the second millennium BC (the time of Moses), parallel certain major Biblical covenants, including this covenant in Exodus Exodus 20.

1). They begin with mention by name of the superior lord who enters into the treaty with his vassal (compare Exodus 20:1; Deuteronomy 5:6; Joshua 24:2).

2). The great king outlines his benevolent deeds towards his vassal (Exodus 20:2; Exodus 23:22; Deuteronomy 5:6; Deuteronomy 8:1; Deuteronomy 10:22 to Deuteronomy 11:15; Joshua 24:2).

3). The various obligations of the vassal towards his lord are outlined (Exodus 20:3; Deuteronomy 5:7; Deuteronomy 6:1; Deuteronomy 10:12; Deuteronomy 13-26).

4). In the vassal's obligations there is a specific prohibition against entering into relations with other powers. In the case of the Sinai covenant this is stated in terms of a prohibition against having other gods (Exodus 20:3; Deuteronomy 5:7; Deuteronomy 6:10; Deuteronomy 7:1; Deuteronomy 8:11; Joshua 24:14).

5) The treaty was deposited in a sanctuary and publicly read out from time to time (Exodus 25:16; Exodus 25:21 on; Deuteronomy 6:20; Deuteronomy 11:18; Deuteronomy 12:5; Deuteronomy 14:23; Deuteronomy 31:9; Joshua 24:6).

6) Witnesses were often invoked (Joshua 24:22).

7). Blessing and curses or warnings were invoked on those who break the treaty (Exodus 20:5 b, Exodus 20:6; Exodus 20:7 b, Exodus 20:12 b; Exodus 23:20; Leviticus 26; Deuteronomy 11:26; Deuteronomy 27 on; Deuteronomy 27:11; Deuteronomy 28; Joshua 8:34).

So it is evident that what we call the Ten Commandments is in fact a suzerainty treaty in this form. As their great sovereign Lord and Deliverer, Yahweh makes a treaty with His people. It takes the form of a preliminary statement about Himself and then ten ‘words', possibly, but not necessarily, later refined and expanded by Moses, which bring out man's right attitude towards God both in their behaviour towards Him and in their behaviour towards their fellowmen. For to misuse His people is to misuse Him. They are called ‘the words of the covenant, the ten words' (Exodus 34:28; Deuteronomy 4:12; Deuteronomy 10:4).

This recognition of their covenant status is important (Exodus 34:28; Deuteronomy 4:13; Deuteronomy 9:9; Deuteronomy 9:11; Deuteronomy 9:15; Deuteronomy 29:1). Their love for, and responsibility towards, God comes before love for neighbour for the one stems from the other. Elsewhere this covenant is called ‘The Testimony' (Exodus 25:16; Exodus 25:21; Exodus 40:20). It testifies to Yahweh's love for His people and the covenant relationship they have with Him. But it also testifies to a man's responsibility to his fellowman over a wide range of attitudes and behaviour, although the detail is left to be worked out later.

In the Book of the Covenant this Treaty is then expanded and it finishes with a specific application in treaty terms to what lies before them in the conquest of the promised land (Exodus 23:20).

Excursus: The Giving of the Ten Words.

The first question that arises to many is how this compares with the ten words outlined in Deuteronomy 5. The first three commands there are almost word for word as in Exodus 20:3, with minimal differences such as we might expect in a speechified form.

The fourth commandment is the first in which, in Deuteronomy, we find Moses making clear and deliberate alterations. There are a number of them. ‘Observe' is used in Deuteronomy instead of ‘remember'; ‘as Yahweh your God commanded you' is added; special mention is made of the ox and the ass, instead of just the general ‘cattle'; and ‘that your man-servant and your maid-servant may rest as well as you' is tacked on. The first in some ways makes little difference, for to ‘remember' means to ‘observe', and arises because it is a speech and he wants to make it more direct. But perhaps there had been a laxity in keeping the sabbath so that Moses wished to stress that it must not only be perfunctorily remembered but fully observed. All present would notice the change from the usual pattern of words. ‘Observing' (regarding and carrying out fully) what Yahweh commands is a theme of Moses in Deuteronomy. (Six times in Exodus 4, five times in Exodus 5, five times in Exodus 6, four times in Exodus 7 and so on).

“As Yahweh your God commanded you” refers back to Exodus 20:8 where the command was originally given, and also to Exodus 16:23; Exodus 16:25 where it was first instituted. See also Exodus 31:13; Exodus 35:2; Leviticus 19:3; Leviticus 19:30; Leviticus 23:3; Leviticus 26:2. This added comment demonstrates that this repetition of the covenant in Deuteronomy is very much in speech form rather than being a solemn declaration of the covenant. It is given with the purpose of pressing home its requirements. It is the covenant with comments added.

“Your ox nor your ass.” With regard to the special mention of the ass it may be that some had argued that the ass was not included in ‘cattle' and was thus not to share the sabbath rest. If that was so then that false idea was being put right. But whether that was so or not, the ox and ass were the hardest workers of the domestic animals, so that he may have selected them for that reason. They were the workers. Like the servants they most deserved rest, which was something all must have, and Moses is stressing the need for the workers to be given rest. (The idea of the ox and the ass in Deuteronomy might have been incorporated from Exodus 20:17, or especially Exodus 23:12).

“That your man-servant and your maid-servant may rest as well as you.” This final item tacked on in Deuteronomy may also suggest that some had been lax in allowing full rest to men-servants and maid-servants, possibly lightening but not totally suspending their duties. Moses thus stresses that they must have the same rest as everyone else, so that they too may be able to fully rest and focus their minds on God as everyone else did. They especially should enjoy this symbol of the liberty which God gave to man.

The purpose then of these changes in Deuteronomy was to counter attempts to evade the full impact of the requirements. Additional sub-clauses were added there on the basis of his experience of their behaviour.

The most substantial alteration in Deuteronomy was the removal of the clause referring to creation and replacement of it by Deuteronomy 5:15 “And you shall remember that you were a servant in the land of Egypt, and Yahweh your God brought you out from there by a mighty hand and by an outstretched arm; therefore Yahweh your God commands you to keep the sabbath day.”

In Deuteronomy the reference to the men-servants and maid-servants leads him on to add this stress as to why this is so. It is because they should remember that they too had been ‘servants' in the land of Egypt until Yahweh delivered them with a mighty hand and an outstretched arm (compare Deuteronomy 4:34). They had known what it was to slave without respite. They had known what it was to have no rest. But they had been delivered from this servitude by the hand of Yahweh. And He had exerted Himself that they might have rest. They should therefore have greater respect for their servants and ensure that both they and their servants fully ‘observed' the sabbath day, and that the servants had full rest on that day.

Thus the reference to creation found here in Exodus 20:11 is omitted in Deuteronomy. This was presumably because Moses did not see it as necessary in that context when he was placing his emphasis on giving servants full rest. He was there concentrating on the purpose in hand. All knew that it was a God-revealed pattern concerning a day blessed by God. But in mind was the idea that Israel were now entering into their rest, and it was right therefore that all should enjoy the sabbath rest. His concern there was that they should learn their lesson from their deliverance. That is why it is their own deliverance that he stresses as the factor to be taken into account and not creation. He is stressing experience over against theory because he feels it would have more impact.

This may suggest that he saw the reference to creation here in Exodus as a secondary, explanatory subsection and not as the main clause in the covenant. As not being a requirement but an explanation. But against that is the fact that we would expect that in such an important foundational covenant we would expect some mention of Yahweh as creator of heaven and earth. Nevertheless he must have considered that to omit it was permissible on the grounds that it did not lessen the covenant requirement. To have included it in his speech in Deuteronomy would in fact have lessened the strength of his argument and blurred his point, while his silence about it drew clear attention both to it and to the alternative, for all would be waiting for the reference to creation and would be the more struck by its absence and by what he did say.

It should, however, be noted that the ‘addition' made in Deuteronomy is not strictly ‘new' external material but is simply incorporating the idea contained in the initial verse of the covenant, that Yahweh had delivered them from bondage. He is not ‘adding' to the covenant, He is repeating the very basis on which it was founded.

So to ‘observe the sabbath' would in future be not only to remember creation but also to remember the deliverance. From now on the two went together. The Sabbath had originally commemorated the giving of the manna (Exodus 16). It had then reminded men of the completeness of creation (Exodus 20:11). Now it included the deliverance rest. It celebrated God's provision of both food, and life, and rest. For Christians the seventh day (which it is, whatever day it is celebrated on) commemorates the giving of the Bread of Life (John 6:35) Who feeds our hearts, and it commemorates our Great Deliverer Who through the cross and resurrection has brought about the greater salvation.

This suggests that it is possible to claim that the reference to creation is not in fact a part of what Yahweh originally said on the mount, but an explanatory comment added by Moses when he wrote it down, the kind of comment which in modern days we would include in brackets. Note with regard to this that it is in the third person and refers simply to Yahweh whereas everywhere else in these verses, apart from in Exodus 20:7 which may also be an added comment, reference is to ‘Yahweh your God' which appears to be the covenant name, ‘I am Yahweh your God' (Yahweh Eloheyca). Against this suggestion, however, is the fact that in such an important covenant we would expect some reference to Yahweh as Creator of Heaven and Earth.

In the case of the fifth commandment he adds in Deuteronomy ‘as Yahweh your God commanded you' and ‘that it may go well with you'. These are the kind of typical asides that might be made in a speech in order to emphasise the point and in order to wish them well, for he knew that he would not be with them much longer. With the possession of the land now almost upon them these promises gained greater meaning. And they were a warning hint that if they were to enjoy the land permanently it could only be by a permanent keeping of the covenant, and that this would partly result from honouring father and mother as they learned from them the instruction of Yahweh. Long life and spiritual and material prosperity in the land would depend on it.

The sixth to ninth commandments are unchanged in Deuteronomy apart from the adding of a waw representing ‘and' or ‘neither'. This is understandable in a speech where he is trying to run the clauses together, in contrast with the original desire here in Exodus for them to be stark commands.

Finally we note that as compared with Exodus 20:17 Moses in Deuteronomy alters the order and puts ‘wife' before ‘house', and separates her from the remainder, putting emphasis on her. This fits better with the forbidding of adultery coming before the stealing of property in the previous ‘words'. Moses may have seen the change as allowable so as to bring out the connection. At this stage in Deuteronomy perhaps, in the close proximity of the camp, there may have been too much adultery so that Moses was concerned to emphasise the necessity not to covet other men's wives. Or it may indicate Moses' deep awareness of the value and importance of his wife.

In Deuteronomy he also included ‘field'. Those in the two and a half tribes who were already settling in would by then have had fields that could be coveted. So all these changes express Moses' current concerns at that time. But he would not have made the changes if he had been baldly ‘declaring the covenant'. He felt able to do so because they were part of his speech, so that he could put in the emphases that he wanted and add comments, just as a modern preacher might do. He was wanting to directly sway the people. We might consider that it was only Moses who could have dared to make such alterations. Later the text would have been seen as sacrosanct.

It is clear then that Exodus 20:2 is primary and represents the declared covenant, with there being a possibility that there are either one or two interjected comments made by Moses, while Deuteronomy 5 is very much speechified.

(End of Excursus).

Expansion of the Ten Words of the Covenant (Exodus 20:22 to Exodus 23:33).

In this section, which is composed of elements put together mainly in chiastic form (see later), Yahweh expands on the Ten Words of the covenant. Notice that it begins with ‘and Yahweh said to Moses'. This proceeds as follows:

a Instructions concerning future worship in obedience to the commandments in Exodus 20:3, for He will be with them and record His name in places where they go (Exodus 20:22).

b Instructions concerning bondservants remembering the manservants and maidservants in mentioned in Exodus 20:10 (Exodus 21:1).

c Instructions concerning those who cause death or injury and those who dishonour their parents in obedience to Exodus 20:12 (Exodus 21:12).

d Instructions concerning a neighbour's goods in obedience to Exodus 20:15; Exodus 20:17 (Exodus 22:1).

d Instruction concerning the forcing of virgins, who belong to their families, which connects with Exodus 20:14; Exodus 20:17 (Exodus 22:16).

c Instructions concerning wrong attitudes which connect with wider implications from the words of the covenant, which include some for which the penalty is death, and the need for avoidance of dishonourable conduct (Exodus 22:18 to Exodus 23:11).

b Instructions concerning the Sabbath (compare Exodus 20:8) and the regular feasts (Exodus 23:12).

a Yahweh's resulting promise that His Angel will go with them until the land is theirs, finishing with a warning against idolatry (Exodus 23:20).

We should note here that in ‘a' the approach to and worship of Yahweh is in mind, and His recording of His name in places as they go on their way, and they are warned against idolatry, and in the parallel the Angel of Yahweh is to go with them and they are warned against idolatry. In ‘b' we are instructed concerning bondmen and bondwomen and in the parallel the Sabbath is dealt with which, in the announcing of the covenant, contained reference to the rights of menservants and maidservant (Exodus 20:9). The bondmen also had a right to enjoy a seven year sabbath. It may be this connection which decided the positioning of this law prior to those concerning murder and theft. In ‘c' we have reference to death and violence, while in the parallel death is the sentence for some of the crimes mentioned. In ‘d' we have reference to misappropriation of people's goods, and in the parallel misappropriation of their daughters.