Exodus 21:28

28 Yf an oxe gore a man or a woman that they dye, then the oxe shalbe stoned, and hys flesh shall not be eaten: and his master shall go quyte.

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 Yf a man smyte his servaunte or his mayde in the eye and put it out, he shall let the goo fre for the eyes sake.
27 Also yf he smyte out hys servauntes or his maydes toth, he shall let the go out fre for the tothes sake.
28 Yf an oxe gore a man or a woman that they dye, then the oxe shalbe stoned, and hys flesh shall not be eaten: and his master shall go quyte.
29 Yf the oxe were wont to runne at men in tyme past and it hath bene tolde his master, and he hath not kepte him, but that he hath kylled a man or a woman: then the oxe shalbe stoned and hys master shall dye also.
30 Yf he be sett to a summe off money, then he shall geue for the delyueraunce off his lyfe, acordynge to all that is put vnto him.
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