Exodus 21:28

If an ox gore a man or a woman, that they die: then the ox shall be surely stoned, and his flesh shall not be eaten; but the owner of the ox shall be quit.

EXPOSITORY (ENGLISH BIBLE)

Ellicott's Commentary for English Readers

(28-32) Injuries to the person might arise either from man or from animals. Protection from both was needed. The law given to Noah (Genesis 9:5) had already laid it down that whenever a beast killed a man his life was to be forfeit. This law was now re-enacted, but with a further and very important proviso. If the animal had an owner, and the owner had reason to know that it was dangerous, then not only the beast, but the owner also was to be held guilty. He was to be liable to a process for murder (Exodus 21:29); but, with the consent of the aggrieved family, might pay a sum of money as compensation instead (Exodus 21:30). In the case of a slave, the sum was fixed at what was regarded as the standard price of a slave (Leviticus 25:44-46; Leviticus 27:3), viz., thirty silver shekels.

(28) The ox shall be surely stoned—i.e., he shall die the death of a murderer.

His flesh shall not be eaten.—An ox killed by stoning would not be bled in the usual way, and would be “unclean” food for Hebrews. According to the Rabbis, the flesh might not even be disposed of to the Gentiles, but had to be buried. If this were so, the object must have been to mark strongly that whatever creature took human life was accursed.

Matthew Henry's Concise Commentary

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.

Barnes' Notes on the Bible

The animal was slain as a tribute to the sanctity of human life (Compare the marginal references and Genesis 4:11). It was stoned, and its flesh was treated as carrion. Guilty negligence on the part of its owner was reckoned a capital offence, to be commuted for a fine.

In the case of a slave, the payment was the standard price of a slave, thirty shekels of silver. See Leviticus 25:44-46; Leviticus 27:3, and the marginal references for the New Testament application of this fact.

Jamieson-Fausset-Brown Bible Commentary

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.

Matthew Poole's Commentary

Under which you are to understand any other creatures of like nature which hurt a man in such a dangerous manner, whether with their horns, or teeth, or feet; but he mentions only the ox or bull, and his goring with his horn, because this is most frequently done.

Ox shall be stoned; partly, to prevent future mischiefs from that creature; partly, to punish its master for his negligence in not keeping it in; and principally, for man’s admonition, for whom seeing the beasts were made, it is not strange nor unjust if it be destroyed for man’s good. God would hereby show that he would not, and men should not, spare a wilful murderer.

His flesh shall not be eaten; both because it was forbidden food, its blood being not let out; and for the punishment of the owner, who was hereby hindered from the sale of it, to beget in all the greater detestation of murderers, when they observe the poor beast upon this account accursed, and therefore not to be touched or tasted.

Gill's Exposition of the Entire Bible

If an ox gore a man or a woman, that they die,.... That are Israelites, of whom only Aben Ezra interprets it; but though they may be principally designed, yet not solely; for no doubt if one of another nation was gored to death by the ox of an Israelite, the same penalty would be inflicted, as follows:

then the ox shall be surely stoned; which is but an exemplification of the original law given to Noah and his sons, Genesis 9:5, "at the hand of every beast will I require it"; i.e. the blood of the lives of men; which shows the care God takes of them, that even a beast must die that is the means of shedding man's blood:

and his flesh shall not be eaten; it being as an impure beast according to this sentence, as Maimonides (l) observes; and even though it might have been killed in a regular manner before it was stoned, it was not to be eaten; no, not even by Heathens, nor by dogs might it be eaten, as a dead carcass might by a proselyte of the gate, or a stranger; this might not be given nor sold to him; for, as Aben Ezra observes, all profit of them is here forbidden:

but the owner of the ox shall be quit; from punishment, as the last mentioned writer observes, from suffering death; he shall only suffer the loss of his ox: the Targum of Jonathan is,"he shall be quit from the judgment of slaughter (or condemnation of murder), and also from the price of a servant or maid,''which was thirty shekels, Exodus 21:32.

(l) Hilchot Maacolot Asurot, c. 4. sect. 22.

Geneva Study Bible

If an ox gore a man or a woman, that they die: then the ox shall be surely {t} stoned, and his flesh shall not be eaten; but the owner of the ox shall be quit.

(t) If the beast be punished, much more shall the murderer.

EXEGETICAL (ORIGINAL LANGUAGES)

Cambridge Bible for Schools and Colleges

28. shall be stoned] The sanctity of human life demanded that an animal, not less than a man, should suffer for violating it: cf. (in P) Genesis 9:5. Stoning was a common punishment among the Hebrew see e.g. Leviticus 20:2; Leviticus 20:27; Leviticus 24:14; Leviticus 24:16; Leviticus 24:23, Deuteronomy 13:10; Deuteronomy 17:5; Deuteronomy 21:21; Deuteronomy 22:21; Deuteronomy 22:24 f.: of an animal, as here, vv. 29, 32, Exodus 19:13.

For the punishment of an animal—and even of an inanimate object, such as a piece of wood or stone—which had caused the death of a human being, there are many analogies. At Athens the court of the Phylobasileis (‘Tribe-kings’) in the Prytaneion, established, it was said, Draco (b.c. 624), investigated cases thus arising (Demosth. adv. Aristocr. § 76, p. 645, Arist. Constit. of Athens, 57 end); and so Plato (Legg. ix. 873 e–874 a) would have an animal or inanimate object that had killed a man tried, and, if found guilty, expelled from the country (the animal having been first slain). Pausanias (v. 27. 10; vi. 11. 6) mentions two cases of statues, one thrown into the sea, and the other ceremonially purified, for having caused a death. An interesting collection of parallels from many different nations is given by Frazer, Pausanias, ii. 370 ff. (cited by Cook, p. 252, who also refers to Baring-Gould, Curiosities of Olden Times, 1895, p. 57 ff.),—many taken from Chambers, Book of Days, i. 126 ff. In mediaeval Europe animals charged with causing a death were often tried in a court of law, and, if found guilty, killed: a cow was executed in this way in France as late as 1740.

his flesh shall not be eaten] Blood-guilt would be resting upon it, which would be transferred to any one partaking of it.

quit] i.e. pronounced innocent, acquitted, as v. 19. The owner is acquitted, because it is assumed to be the first time that the animal has so acted. On ‘quit,’ see Aldis Wright’s Bible Word-Book, s.v.

28–32. Injury done by a vicious ox to a free man or woman. Cf Ḥamm. §§ 250–2.

28–36. Bodily injuries due to animals, or neglect of reasonable precautions.

Pulpit Commentary

Verses 28-32. - Injuries done by cattle to slaves and freemen. For the purpose of inculcating as strongly as possible the principle of the sanctity of human life, the legislator notices the case where mortal injury is done to a person by a domesticated animal. The ox is taken as the example, being the animal most likely to inflict such an injury. In accordance with the declaration already made to Noah (Genesis 9:6), it is laid down that the destructive beast must be killed. Further, to mark the abhorrence in which murder ought to be held, the provision is made, that none of the creature' s flesh must be eaten. The question then arises, is the owner to suffer any punishment? This is answered in the way that natural equity points out - "If he had reason to know the savage temper of the animal, he is to he held responsible; if otherwise, he is to go free." In the former case, the Hebrew law assigned a higher degree of responsibility than accords with modern notions; but practically the result was not very different. The neglectful Hebrew owner was held to have been guilty of a capital offence, but was allowed to "redeem his life" by a fine. His modern counterpart would be held to have been guilty simply of laches or neglect of duty, and would be punished by fine or imprisonment Verse 28. - The ox shall be surely stoned. He shall suffer the same death that would have been the portion of a human murderer. His flesh shall not be eaten. The animal was regarded as accursed, and therefore, as a matter of course, no Hebrew might eat of it. According to the Rabbinical commentators, it was not even lawful to sell the carcase to Gentiles. The owner shall be quit - i.e., "shall be liable to no punishment." Exodus 21:28

Keil and Delitzsch Biblical Commentary on the Old Testament

The life of man is also protected against injury from cattle (cf. Genesis 9:5). "If an ox gore a man or a woman, that they die, the ox shall be stoned, and its flesh shall not be eaten;" because, as the stoning already shows, it was laden with the guilt of murder, and therefore had become unclean (cf. Numbers 35:33). The master or owner of the ox was innocent, sc., if his ox had not bee known to do so before. But if this were the case, "if his master have been warned (בּבעליו הוּעד, lit., testimony laid against its master), and notwithstanding this he have not kept it in," then the master was to be put to death, because through his carelessness in keeping the ox he had caused the death, and therefore shared the guilt. As this guilt, however, had not been incurred through an intentional crime, but had arisen simply from carelessness, he was allowed to redeem his forfeited life by the payment of expiation money (כּפר, lit., covering, expiation, cf. Exodus 30:12), "according to all that was laid upon him," sc., by the judge.