Exodus 21:28

28 If an ox comes to be the cause of death to a man or a woman, the ox is to be stoned, and its flesh may not be used for food; but the owner will not be judged responsible.

Exodus 21:28 Meaning and Commentary

Exodus 21:28

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 ^F12 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 ) .

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FOOTNOTES:

F12 Hilchot Maacolot Asurot, c. 4. sect. 22.

Exodus 21:28 In-Context

26 If a man gives his man-servant or his woman-servant a blow in the eye, causing its destruction, he is to let him go free on account of the damage to his eye.

27 Or if the loss of a tooth is caused by his blow, he will let him go free on account of his tooth.

28 If an ox comes to be the cause of death to a man or a woman, the ox is to be stoned, and its flesh may not be used for food; but the owner will not be judged responsible.

29 But if the ox has frequently done such damage in the past, and the owner has had word of it and has not kept it under control, so that it has been the cause of the death of a man or woman, not only is the ox to be stoned, but its owner is to be put to death.

30 If a price is put on his life, let him make payment of whatever price is fixed.