The main note I want to offer before introducing the Civil Law is this . . . any penalty outlined in this portion of Scripture has to do with how to handle these sins IN THE LAND of Israel. In Israel the Government was to be established a certain way as outlined before and after this portion of Scripture and Moses was given instructions for who to have seated on the Court of Elders. The development of these traditions and teachings of Moses were intended to result in a righteous court that would require certain things before carrying out a judgment. For instance, in the case of death penalty cases there had to be at least two witnesses who are able to testify in court that the person being charged was known to be engaging or intending to engage in the sin for which he is charged AND that they warned him *in advance* that it was sin and that it would result in the death penalty. THEN, there had to be at least two witnesses who would be able to testify that they had personally seen the person being charged commit the sin for which they are charged. The person being charged was given a defense “attorney” who would have the opportunity to question the witnesses about their testimony and about their own lives so that if they were found to have a sin in their lives they would be disqualified from offering testimony which could leave less than two witnesses and would cause the case to be dismissed. NOTHING said by the person being charged could be used against him or her. When the elders met they were not to have a unanimous verdict, which would signify they were not an unbiased court, but must have a majority verdict. And even the means developed for carrying out the death penalty was done to ensure the quickest and most pain free death–including providing alcohol to the guilty person prior to death.
When the woman caught in adultery was brought before Yeshua and those who brought her were attempting to trap Yeshua, He did not violate God’s instructions. Rather, He upheld the traditional instruction for how to carry out a trial. The trap involved the modern political dilemma of His day. The Romans did not permit the Jews to carry out death penalties, so if Jesus said they were to stone her then he would be violating Roman law. But Torah said to kill her, so to say let her go would violate God’s Law. The obvious dilemma for the people involved is that they only brought the woman and not the man she was supposedly caught in adultery with which violated the instruction for them both to be put to death. Jesus responded by taking the role that we are told he takes for all of us–defense attorney. He knelt down and wrote in the dirt and one by one the supposed witnesses walked away–according to how a trial would have been conducted at this time Jesus would have been disqualifying the “witnesses” by writing their sins in the dirt and when they realized their hearts and actions were known by Him they left so as not to violate the command against being a false witness. When Jesus was left alone with the woman He was only one witness who, while He had not seen the act, knew her heart, and so he told her to go and sin no more.
When Jesus heals us and frees us from the bondage of sin and death (the wages of sin) he instructs us to go and sin no more. Most Christians are either given a man-made law culled from random out of context Bible verses OR told that the Law of Love has been written on their hearts and if they are truly saved they will know it and not violate it so if they don’t know it then they may not be saved. Either of these is unbiblical teaching! Instead, God outlined what is sin in His Law and the definition of what is sin has never changed. The penalty of sin has been dealt with and we have as our defender Jesus the Messiah who can see the hearts of all men, so should anyone bring a charge against us, which the accuser hasatan is said to continue to do, Jesus disqualifies him as a witnesses and ensures our atonement!
This does not mean there is no reason for us to embrace holy living. Every sin we commit is another sin put on Jesus at the cross–He went to the cross taking our future sins on Him willingly, but we can go and sin no more out of a response of love towards Him. He loved us first, we love Him back, and in love we desire to live rightly. Do not be discouraged–His load is light and easy to carry.
Chapter 21 begins the teachings of The Civil Law as given to Moses when he went up Mt. Sinai to meet with God alone: Reveals there is no realm of life that is free of religion. The pious person is pious in everyday life. “A judge who rules correctly is considered a partner in Creation, and one who rules corruptly is a destroyer of God’s world.” (commentary on Parashas Mishpatim)
Jewish Bondsman: bond is held for 6 years and man released in the 7th year for no charge; individuals sell themselves into servitude and a Jewish man should always opt for the Jewish servant over the Gentile slave. Being in that position has his brothers obligated to help him. One thought about this is that for a person to end up in a position that requires him to need this level of help he has missed, in his foundational training, certain elements of living Torah. Becoming a bondsman involved going into service in the home of not just a master but a Torah Master who was living out God’s instructions and prospering in his life. This allowed the bondsman to be instructed for 6 years in the ways of God and to be released in the 7th year for a fresh start. (Our modern bankruptcy laws are able to be accessed every 7 years which is a similar freedom from personal debt. I have always believed that there is nothing unrighteous about bankruptcy but it should never be sought without taking steps to learn the things about life and money that you are obviously lacking to have ended up in this situation. The goal should always be to never end up in this situation again! Of course sometimes circumstances outside of your control occur and Job’s “friends” who suggested his suffering was from God because of unrighteousness were strongly corrected by God for their thinking. Regardless, this is the means of relief available to people in the ancient world and with the added bonus of instruction in God’s Ways as well as the resulting difference that the people owed monies were paid by the Master whereas today the debts are charged off and the company receives a tax break for their loss from the Federal Government.)
-if he comes single he leaves single
-if he comes married they leave together
-if he is given a wife then she and the children remain the property of the master when he leaves; he may choose to remain a servant in the master’s home and forfeit his freedom forever at which point he takes an oath and is pierced through the ear
“Sale” of a Jewish daughter: until age of marriage she may be sold to a household where it is expected she will become wife of master or master’s son; if neither marry her it is viewed as a betrayal of the girl. This was not a sale into slavery, and it was not something encouraged or believed to be a light matter at all! This was something a man was able to do if he truly believed that he was offering his daughter an opportunity that he would not be able to give her for a better life. For instance, if a rich relative was coming through and the girl found favor in his eyes, he might approach the father about such an arrangement where he would become responsible for the daughter and she would serve with the other women in his home. This would allow her to be raised knowing their customs and ready to take over the role of wife in his home, it would allow her to grow up knowing the man she was intended to marry so that they could begin to develop fondness for one another, and would allow them to not have to arrange another journey to a distant land at a later date when she would not have any relationship with her husband-to-be.
-When the girl is married the money “paid” for her becomes the betrothal money. A father should not seek to do this but may be presented with an opportunity to benefit his daughter that might not come again.
-Injuries by a master to Jewish bondsman or bondwoman do not result in their freedom as with non-Jews, but do require compensation as to fellow Jews who are injured.
-If master or son do not marry the girl her family may redeem her from servitude and master is obligated to make it easy to do so with her cost going down as she gets older since the master’s family has received benefit from her to compensate for their payment.
-master is forbidden to sell her to a foreigner (prohibition held for father and master after she has already been betrayed by the first sale being reversed.)
-She is entitled, after marriageable age, to the rights of wives—husband responsible to provide wife with food, clothing and marital relations; even if he does not want to be married to her he purchased her as a bride and she is entitled to these same rights!
Taking another wife does NOT reduce these responsibilities; If he does not perform these three things she is free to leave with no payment due him.
If you strike a man and he dies you are put to death—place to flee will be provided (at end of Numbers these are Cities of Refuge that will be held by the Levites) where you may live if you are innocent of intent
Intentional murder must result in you being removed from God’s altar and put to death.
If you strike your father or mother shall be put to death (interpreted to apply if he causes a bruise—for an ordinary assault he would have to pay damages as with anyone.)
If you kidnap someone and force him into slavery or sell him into slavery you will be put to death
If you curse your parents you will be put to death.
If men quarrel and one strikes the other with a stone or his fist and he does not die but is bedridden: If he gets up and goes outside under his own power the one who struck him is absolved and he is compensated for his lost wages and his care while healing.
If a man strikes his slave or maidservant with the rod and they die then the servant will be avenged; if they live for a day or two he shall not be avenged because he is property (therefore non-Jewish.)
If two men quarrel and collide with a pregnant woman and she miscarries but the mother does not die, damages will be assessed by her husband and the one who struck her must pay (“market value” of the person is assessed by their life expectancy, health, talent, experience, and so on, as if such a person’s services could be purchased for the rest of his life—injured person’s value goes down as injury impacts ability—this is how insurance and the courts determine these things today in the US.)
If she dies—the problem is that someone died but not the intended person (ie the one being fought against) and the one who struck her is held accountable for his intent to murder even though she was not the intended victim. (If sufficient intent cannot be determined then the compensation was determined monetarily. This is the foundation for manslaughter laws today.)
If she is injured then she is compensated for her injured body parts with direct compensation *THIS WAS NEVER UNDERSTOOD TO BE CARRIED OUT LITERAL EYE FOR EYE* The understanding is that on the heavenly scales they deserve to lose their eye but they seek atonement through financial compensation. Restitution is for damage AND inflicting pain. (At the same time, it was also never intended by God to be permission for pride and personal rights to trump love and that is what Jesus is correcting in the thinking of the Pharisees of his day when he says, “You have heard it said, ‘an eye for an eye’, and, ‘a tooth for a tooth’, but I say if someone strikes you on the cheek, turn your other cheek to them.” The need for injury to be compensated for is legitimate. The idea that you are entitled to such compensation violates the law of love.)
If a man strikes his slave or maidservant in a way that results in permanent loss of an organ the individual goes free.
If an ox gores a man or woman who dies, the ox dies (flesh may not be eaten and owner is innocent).
If ox was known to gore from past behavior and the owner has been warned and did not guard it and it killed someone the ox is stoned and the owner shall die (understood to be death at the hand of God and if he doesn’t die then compensation is set and he must pay it).
Atonement-payment may be set if there are witnesses and paying it frees him from the heavenly death penalty. This would be paid to the family of the deceased to replace the wages that the person would have brought in during the remainder of a natural life. (The formula used in ancient Israel was very similar to the one used by modern insurance companies, and courts in the US when cases of wrongful death are brought.)
This applies if ox gores a boy or girl.
If the ox gores a slave or maidservant the man must pay the master 30 shekels of silver and the ox will be stoned.
If a man uncovers a pit or digs a pit and doesn’t cover it and an ox or donkey falls into it, the owner of the pit shall make restitution. He pays the owner and the carcass is his.
If one man’s ox strikes another man’s ox and it dies, the living ox shall be sold and they shall divide the money and the carcass; if it was an ox known to gore at least 3 times then the owner pays for the ox and the carcass remains the property of the owner.
If a man steals an ox, or a sheep or goat, and kills it or sells it, he shall pay five cattle for the ox, and four sheep for the sheep.
If the thief is discovered tunneling in and is killed in defense the assumption of the owner was that he was protecting life and property.
If the sun had shown (may be understood literally or figuratively as the meaning is you were able to see that your physical harm was not the intent of the person) then there is blood-guilt if he is killed, but he will be required to make restitution for his theft and damage he may have caused (double restitution). If he has nothing, he shall be sold into servitude for his debt. If the theft is found on him he shall pay double.
If a man permits livestock to devour a field or vineyard (intentional or accidental but unsupervised) he shall repay from the best of his field or vineyard.
If a fire gets away from you and destroys a stack of grain or a standing crop or a field of another, the one who kindled the fire shall make restitution
If you entrust money or objects to someone and they are stolen from them—if the thief is found, they pay double. If the thief is not found then the custodian of the items must go to court to swear he didn’t take them for himself. If anyone identifies anything from the missing property the person who has them will pay double.
If you entrust an animal to someone to safeguard and it dies or is injured or is stolen without an eyewitness; the custodian shall swear an oath of Hashem that he did not lay his hands on the property entrusted to him. The owner accepts this and shall not be paid. If it shall be stolen from him, he shall pay its owner; if torn to death, he shall produce a witness—for the torn animal there is no payment. This person would be a paid custodian and is held to a higher standard.
If you borrow from someone and it breaks or dies—if the owner is not present—you make restitution. If the owner is present, you make no restitution. If the item was renter the loss is covered by the rental fee.
Property theft is here transitioned to theft of the heart:
If a man seduces a virgin who is not betrothed and lies with her (betrothal signifies transfer of the monetary gift preceding marriage—today this is considered the ring but in Biblical times would occur months before the wedding. While they were not to live together yet, they were considered legally married and laws about adultery would apply) he is to present her with a marriage contract as his wife. If her father refuses to give her to him, he shall weight out silver according to the marriage contract of the virgins (this equaled 55 zuz—the amount of the marriage price for virgins) as a fine.
Sorcerers shall not be permitted to live (male or female)
Anyone who lies with an animal shall surely be put to death
One who brings offerings to the gods shall be destroyed—only to Hashem alone!
You shall not taunt or oppress a stranger—remember that you were strangers in Egypt
You shall not cause pain to any widow or orphan. If you dare to cause him pain . . . !—for if he shall cry out to Hashem, He shall surely hear his outcry. His wrath shall blaze and He shall kill you by the sword and your wives will be widows and your children orphans.
When you lend money to God’s people, to the poor with you, do not act toward him as a creditor. Do not lay interest on him. If you take his garment as security, return it to him at sunset. That is his clothing. If he cries out to God, God shall listen for He is compassionate. Extend free loans.
Do not revile God and do not curse a leader among your people (it is understood that cursing a judge who must decide the fate of others is a way of reviling God)
Do not delay the first fruits offerings or the portion for the crops for the Kohanim; and the firstborn of your sons shall be presented to God. From your ox to your flock, for 7 days the firstborn is to stay with the mother and then will be presented to God on the 8th day. You shall be people of holiness; do not eat flesh from animals torn in the field—throw it to the dog
Do not accept a false report, or make a deal with the wicked to be a lying witness. Do not follow even the majority into evil. Do not respond to a grievance by giving in to the majority to pervert the law. Do not pervert justice even to benefit the poor.
If you encounter an ox or a donkey of your enemy you shall return it to him—no matter how many times. You may not ignore the situation even though your enemy is careless.
A judge may not play favorites and pervert justice for the destitute person. Distance yourself from a false word; do not execute the innocent or the righteous—for God shall not exonerate the wicked. Do not accept a bribe—it will blind those who see and corrupt words that are just. Do not oppress a stranger—you know how they feel for you were a stranger in Egypt.
For six years gather the produce of your land. In the 7th year leave it untended and unharvested and the destitute of your people shall eat, and the wildlife—do the same with your vineyard and your olive grove
Six days shall you accomplish your activities—on the 7th day you shall desist—so that your ox and donkey may be content and your maidservant’s son and the sojourner may be refreshed. Be careful regarding everything I have said to you. Do not mention the names of other gods.
*NOTE* The 613 commands are parallel to the total number of organs and major blood vessels—the performance of each mitzvot is believed to safeguard one of them; idol worship is tantamount to the transgression of the entire Torah. (Or HaChaim) I think that looking at God’s Law as being given for our safe living and as a means of “loving ourselves” as Jesus included in the second part of the Greatest Commandment is a beautiful way to look at His instructions.
3 Pilgrimage festivals shall bring you to the Lord’s presence every year—Unleavened bread—7 days eat matzos, for in it you left Egypt, and do not be seen before God empty handed; The festival of the Harvest of the first fruits of your labor that you sow in the field; and the festival of the Ingathering at the close of the year, when you gather in your work from the field. 3 times a year all your menfolk shall appear before the Lord Hashem. You shall not offer the blood of God’s feast-offering upon leavened bread; nor may the fat of His festive-offering remain overnight until morning. Bring the choicest firstfruit of your land; and do not cook a kid in the milk of its mother. (this was a pagan fertility ritual that involved cooking a baby goat in its mother’s milk and then spilling the resulting “dish” out over the ground. This is the instruction from which the kosher pareve rabbinic regulations have developed. These are the rules about never mixing in the same meal any meat with any dairy. The thinking was that you never know for sure if *this* milk is from *this* mother so never cook, or eat, any meat with any dairy. This has resulted in Orthodox homes having two kitchens with two sets of pans and cooking utensils. I respect and appreciate the development of the rabbinic traditions but do not feel obligated to observe them. As such, I would never dream of avoiding this instruction from God and would refrain from this and other pagan fertility rituals. I do happen to be vegan and very allergic to dairy so this rabbinic tradition wouldn’t impact me even if I were Orthodox 
I am adding this explanation so that you can begin to understand how the development of the “hedge around Torah” has impacted, even down to today, the understanding that many Jews have of God’s commands AND the types of things that Jesus was correcting in the “traditions” of his day.)
Behold! God sent an angel before Israel to protect them on the way, and to bring them to the place that He has made ready. Hearken to him. He will not forgive your willful sin. (on the 2nd trip the sacrifices for accidental, unknown and unintentional sins were addressed and it was re-emphasized that ONLY repentance could begin to address intentional sin)
Worship God and He will drive the inhabitants of the Land of Israel out from before you, He shall bless your bread and your waters and remove illness from your midst, no woman will spontaneously miscarry or be infertile in the Land, you shall live the full number of your days, and God’s fear shall go before them into the Land and confound all of the people to drive them out ahead of Israel. **They are warned the people will not be driven away in a single year, but little by little so that the Land would not become desolate while they worked their way in and grew enough to populate the entire Land—so that the field would not go wild and they would not be overrun by wild animals.
Moses was given the border of Israel: Sea of Reeds to the Sea of the Philistines, from the Wilderness until the River. DO NOT seal a covenant with the people already there or their gods. If they are allowed to dwell in the Land with you they will lead you away from God.
Moses was then sent to get Aaron, Nadab and Abihu and 70 of the elders and instruct them to prostrate themselves from a distance while Moses alone would approach Hashem. Moses went and told the people all that God had instructed them to do and with one voice (full unity and agreement) they said, “All of the words that Hashem has spoken, we will do.”
Moses wrote it all out and built an altar and they all brought elevation offerings and slaughtered bulls as feast peace offerings to Hashem. Moses took half the blood and placed it in basins, and half the blood he threw upon the altar. He took the Book of the Covenant and read it in earshot of the people and they said, “Everything that Hashem has spoken, we will do and we will obey!” The blood in the basins was tossed out over them and Moses pronounced, “Behold the blood of the covenant that Hashem sealed with you concerning all these matters.”
He then ascended to get the instructions for building the Tabernacle—a place for God to dwell in the midst of His covenanted people. It was from this time with God that Moses had to be sent down to deal with the Golden Calf fiasco. We will address this next time.