Exodus 21:28

28 If an ox gore a man or a woman, and they die, he shall be stoned: and his flesh shall not be eaten, but the owner of the ox shall be quit.

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 If any man strike the eye of his manservant or maidservant, and leave them but one eye, he shall let them go free for the eye which he put out.
27 Also if he strike out a tooth of his manservant or maidservant, he shall in like manner make them free.
28 If an ox gore a man or a woman, and they die, he shall be stoned: and his flesh shall not be eaten, but the owner of the ox shall be quit.
29 But if the ox was wont to push with his horn yesterday, and the day before, and they warned his master, and he did not shut him up, and he shall kill a man or a woman: then the ox shall be stoned, and his owner also shall be put to death.
30 And if they set a price upon him, he shall give for his life whatsoever is laid upon him.
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