Shemot 21:28

28 If an ox gore an ish or an isha, that they die; then the ox shall be surely stoned, and his basar shall not be eaten; but the ba’al hashor (owner of the ox) shall be exempt from punishment.

Shemot 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.

Shemot 21:28 In-Context

26 And if an ish strike the ayin of his eved, or the ayin of his amah, that it perish; he shall let him go free for his ayin’s sake.
27 And if he strike his eved’s shen (tooth), or his amah’s shen; he shall let him go free for his shen’s sake.
28 If an ox gore an ish or an isha, that they die; then the ox shall be surely stoned, and his basar shall not be eaten; but the ba’al hashor (owner of the ox) shall be exempt from punishment.
29 But if the shor habitually from mitmol (yesterday) gored, and its ba’al has been warned, and he hath not kept it in the bull pen, and it hath killed an ish or an isha; the shor shall be stoned, and his ba’al also shall be put to death.
30 If there be laid on him a kofer (atonement payment, ransom), then he shall give for the redemption of his nefesh whatsoever is assessed upon him.
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