Exodus 21:28

28 " 'And if an ox gores a man or a woman and he dies, the ox will surely be stoned, and its meat will not be eaten, and the owner of the ox [is] innocent.

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 ) .


FOOTNOTES:

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

Exodus 21:28 In-Context

26 " 'And if a man strikes the eye of his male slave or the eye of his female slave and destroys it, he shall release him as free in place of his eye.
27 And if he causes the tooth of his male slave or the tooth of his female slave to fall out, he will release him as free in place of his tooth.
28 " 'And if an ox gores a man or a woman and he dies, the ox will surely be stoned, and its meat will not be eaten, and the owner of the ox [is] innocent.
29 But if it was a goring ox {before} and its owner was warned and did not restrain it and it kills a man or a woman, the ox will be stoned, and the owner also will be put to death.
30 If a ransom is set on him, he will pay the redemption money for his life according to all that is set on him.
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