Translation commentary on Exodus 21:18-19

Verses 18 and 19 are one sentence. Here the Hebrew style of connecting clauses by the conjunction waw is strained, since the various possible situations, or “cases,” are all connected with waw without clearly marking the main clauses and the subordinate clauses. Translators should note how Good News Translation has combined these verses in order to break the long sentence into two shorter sentences for easier understanding. The casuistic form of “When … if … then” is followed throughout. (See the discussion on this form at verse 2.)

When men quarrel uses the word for finding fault in 17.2. Although the word often refers to a legal case or lawsuit, it clearly refers here to physical violence. So Good News Translation has “If there is a fight.” One may also say “If two men are quarreling.” Using inclusive language New Revised Standard Version now has “When individuals quarrel and one strikes the other.” And one strikes the other, literally “and a man beats his fellow,” uses the general word for hitting without specifying how the hitting is done. Good News Translation has “and someone hits someone else.”

With a stone and with his fist, however, are specific. Some languages will have to use two different verbs here to be more natural. The word for stone does not indicate any specific size. With his fist is literally “by fist,” with the pronoun added in translation. The meaning of the word translated fist is uncertain, since it occurs only twice in the Old Testament (see Isa 58.4). The meaning is drawn only from the context. That is why New English Bible has “a spade,” and Durham has “a tool.” However, translators are advised to use fist in this context. Other ways to express this sentence are “and one of you uses either a stone or your fist to hit the other,” or even “and one of you injures the other by hitting him with either a rock or your fist.”

And the man does not die may be expressed as “but does not kill him” (Good News Translation), or “but the injury to him is not fatal.” (The man in this case is the one who has been struck.) This may be easier than having to identify him as “the injured party” (New Revised Standard Version, New Jerusalem Bible). Note, however, that Good News Translation advances the main clause, “he is not to be punished,” from verse 19 in order to complete the shorter sentence. But keeps his bed is literally “and he falls to bed.” This means “he has to stay in bed” (Good News Translation), or “is confined to bed” (New Revised Standard Version, New International Version, New Jerusalem Bible), or even “If the victim has to stay in bed” (Contemporary English Version). One may also express this as “However, if the injured person has to stay in bed.”

Then if is only the word “if” (ʾim), so this does not introduce the main clause. (See the comment at verse 2.) Good News Translation interprets it as “but later.” If the man rises again, literally “if he rises,” is a specific situation or “case,” following the casuistic form (again is added). And walks abroad with his staff is literally “and he walks back and forth outside upon his support.” The form of the word for walks suggests wandering, or walking around for exercise, especially with the word “outside.” The assumption is that the injured man is recuperating and is not permanently crippled. With his staff means, as Good News Translation puts it, “with the help of a cane.” This is not the shepherd’s “rod” or “walking stick” but rather the “stick” (Contemporary English Version) used for support by the lame or the elderly when walking. (See Zech 8.4.)

He that struck him shall be clear is the main clause of this long sentence. Literally the text says “and the striker will be free,” meaning free from guilt or punishment. The “and” here is the Hebrew we- (waw), which introduces the main clause and is usually translated as “then.” This means that “the assailant shall go unpunished” (New Jewish Publication Society’s Tanakh), or “shall be acquitted” (New American Bible), or “will have no liability” (New Jerusalem Bible). Contemporary English Version puts this at the end of the verse and combines it with only: “That’s your only responsibility.” This means that there will be no other punishment or fine, except for paying for the loss of time and also caring for the other man until he is healed.

Only introduces one of two exceptions to the “liability” of the “striker.” It means “except that” (New Jewish Publication Society’s Tanakh) or “other than” (New Jerusalem Bible). He shall pay for the loss of his time is literally “he shall give [or, offer] his idleness.” This means that he must “compensate the injured party for his enforced inactivity” (New Jerusalem Bible). This may refer to “the time when he could not work” (Translator’s Old Testament), suggesting that the man was a hired worker. Good News Translation is better: “the one who hit him is to pay for his lost time.”

And shall have him thoroughly healed is literally “and healing he shall heal.” This is the same emphatic form as “dying he shall die” in verses 12-17. However, it does not mean that the assailant must become a physician, but only that he must “see that he is completely healed” (New International Version), or that “his recovery is complete” (Revised English Bible). Bible en français courant has “pay the costs of his healing.”

Alternative translation models for verse 18 and 19 are:

• If two people are quarreling, and one uses either a rock or his fist to hit the other, but does not kill him, and if the one who is hit must stay in bed, but later is able to get up and walk outside with the help of a walking stick, then the one who hit him must pay for his loss of time, and he must also take care of him until he gets well. Other than that he is not responsible.
• Suppose two of you are quarreling, and you injure the other person by hitting him with a rock or your fist, but you do not kill him. They are not to punish you. However, if the injured person has to stay in bed but later is able to walk outside using a walking stick, you must pay for his loss of time. You must also look after him until the injury is healed.

Quoted with permission from Osborn, Noel D. and Hatton, Howard A. A Handbook on Exodus. (UBS Helps for Translators). New York: UBS, 1999. For this and other handbooks for translators see here .

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