Exodus 21:29

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.

But if the ox were wont to push with his horns in time past,.... Or "from or before yesterday, to the third" (m) that is, three days before, and had made three pushes, as Jarchi explains it: and it hath been testified to his owner; by sufficient witnesses, who saw him push at people for three days past: the Targum of Jonathan is,"and it hath been testified to the face of his owner three days.''Concerning this testimony Maimonides (n) thus writes,"this is a testification, all that testify of it three days; but if he pushes, or bites, or kicks, or strikes even an hundred times on one day, this is no testification (not a sufficient one): three companies of witnesses testify of it in one day, lo, this is a doubt, whether it is a (proper) testimony or not; there is no testification but before the owner, and before the sanhedrim:" and he hath not kept him in; in some enclosed place, house or field, not frequented by people, and where there was no danger of doing any hurt, if this care was not taken, after a proper testimony had been given of his vicious disposition.

By the Roman laws (o) oxen that pushed with their horns were to have hay bound about them, that those that met them might beware of them; hence that of Horace (p): but that he hath killed a man or a woman; by pushing and goring them with his horns, or any other way, as biting or kicking: the ox shall be stoned; as is provided for the preceding law: and his owner shall be put to death; since he was accessory to the death of the person killed, not keeping in his beast, when he had sufficient notice of his vicious temper: the Targum of Jonathan, and so other Jewish writers, interpret this of death sent upon him from heaven, or death by the immediate hand of God, as sudden death, or death by some disease inflicted, or before a man is fifty years of age; but there is no doubt to be made but this intends death by the civil magistrate, according to the original law, Genesis 9:6. (m) "ab heri et nudiustertius", Pagninus, Montanus, Vatablus, Piscator, Drusius. (n) Hilchot Niske Mammon, c. 6. sect. 1, 2.((o) Plutarch. in Crasso. (p) "Foenum habet in cornu, longe fuge". Horat. Sermon. l. 1. Satyr. 4.

(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.

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.

Verse 29. - If the ox were wont to push with his horns . If he were notoriously, and to his owner' s knowledge, a dangerous animal, which required watching, and no watch was kept on him, then the owner became blame-able, and having by his neglect contributed to a homicide, was "guilty of death." Exodus 21:29

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.

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.