Exodus 21:36

36 But if it was known that the bull had been in the habit of attacking and its owner did not keep it penned up, he must make good the loss by giving the other man a live bull, but he may keep the dead animal.

Exodus 21:36 Meaning and Commentary

Exodus 21:36

Or if it be known that the ox hath used to push in time past,
&c.] 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.

Exodus 21:36 In-Context

34 he must pay for the animal. He is to pay the money to the owner and may keep the dead animal.

35 If someone's bull kills someone else's bull, the two of them shall sell the live bull and divide the money; they shall also divide up the meat from the dead animal.

36 But if it was known that the bull had been in the habit of attacking and its owner did not keep it penned up, he must make good the loss by giving the other man a live bull, but he may keep the dead animal.