Exodus 21:36
Or if it be known that the ox hath used to push in time past, and his owner hath not kept him in; he shall surely pay ox for ox; and the dead shall be his own.
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EXPOSITORY (ENGLISH BIBLE)
21:22-36 The cases here mentioned give rules of justice then, and still in use, for deciding similar matters. We are taught by these laws, that we must be very careful to do no wrong, either directly or indirectly. If we have done wrong, we must be very willing to make it good, and be desirous that nobody may lose by us.The dead ox in this case, as well as in the preceding one, must have been worth no more than the price of the hide, as the flesh could not be eaten. See Leviticus 17:1-6. 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. Ox for ox; an ox of equal value with that slain ox, or the price and worth of it.

Or if it be known that the ox hath used to push in time past,.... If it is a plain case, and a thing well known in the neighbourhood, and there are witnesses enough to testify it, that it has yesterday, and for two or three days running, pushed with his horns men and cattle, as they have come in his way; see Gill on Exodus 21:29.

and his owner hath not kept him in; took no care to prevent his doing mischief by putting him into a barn or out house, or into an enclosure, where he could do no damage to any:

he shall surely pay ox for ox; that is, he shall give as good an ox to him, whose ox has been killed by his, as that was, or pay him the full worth and value of it: and the dead shall be his own; shall not be divided as in the preceding case, but shall be the proprietor's wholly, that is, the sufferer's; because the owner of the vicious ox took no care of him, though it was well known he was mischievous, for which negligence he was punished this way.

Or if it be known that the ox hath used to push in time past, and his owner hath not kept him in; he shall surely pay ox for ox; and the dead shall be his own.
EXEGETICAL (ORIGINAL LANGUAGES)
36. and the dead beast shall be his] as v. 34.

Exodus 21:36Passing from life to property, in connection with the foregoing, the life of the animal, the most important possession of the Israelites, is first of all secured against destruction through carelessness. If any one opened or dug a pit or cistern, and did not close it up again, and another man's ox or ass (mentioned, for the sake of example, as the most important animals among the live stock of the Israelites) fell in and was killed, the owner of the pit was to pay its full value, and the dead animal to belong to him. If an ox that was not known to be vicious gored another man's ox to death, the vicious animal was to be sold, and its money (what it fetched) to be divided; the dead animal was also to be divided, so that both parties bore an equal amount of damage. If, on the other hand, the ox had been known to be vicious before, and had not been kept in, carefully secured, by its possessor, he was to compensate the owner of the one that had been killed with the full value of an ox, but to receive the dead one instead.
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