Exodus 21:35

35 Yf one mans oxe hurte anothers that he dye: then they shall sell the lyue oxe and deuyde the money, and the deed oxe also they shall deuyde

Exodus 21:35 Meaning and Commentary

Exodus 21:35

And if one man's ox hurt another's, that he die
By pushing with his horns, or his body, or by biting with his teeth, as Jarchi, or by any way whatever:

then they shall sell the live ox, and divide the money;
the Scripture speaks, as the same writer observes, of one of equal value, otherwise the man that had his ox killed might be greatly a gainer by it; for if his ox was a poor one, and of little value, and the ox that killed his a good one, of value greatly superior, which according to this law was to be sold, and the money divided between the two owners, the man that lost his ox might have double the worth of it, or more, which was not equitable. On the other hand, according to the Jewish canons F20, the case stood thus,

``when an ox of the value of one pound strikes an ox of the value of twenty, and kills him, and, lo, the carcass is of the value of four pounds, the owner of the ox is bound to pay him eight pounds, which is the half of the damage, (added to the half part of the price of the carcass,) but he is not bound to pay, but of the body of the ox which hurts, because it is said, "they shall sell the live ox"; wherefore if an ox of the value of twenty pieces of money should kill one of two hundred, and the carcass is valued at a pound, the master of the carcass cannot say to the master of the live ox, give me fifty pieces of money; but it will be said to him, lo, the ox which did the hurt is before thee, take him, and go thy way, although he is worth no more than a penny:''

and the dead ox also they shall divide;
the money the carcass is worth; or it is sold for.


FOOTNOTES:

F20 Maimon. Hilchot Niske Mammon, c. 1. sect. 1.

Exodus 21:35 In-Context

33 Yf a man open a well or dygge a pytt and couer it not, but that an oxe or an asse fall theryn
34 the owner off the pytte shall make it good and geue money vnto their master, and the dead beest shalbe his.
35 Yf one mans oxe hurte anothers that he dye: then they shall sell the lyue oxe and deuyde the money, and the deed oxe also they shall deuyde
36 But and yf it be knowne that the oxe hath vsed to pusshe in tymes past, then because his master hath not kepte hi, he shall paye oxe for oxe. and the deed shalbe his awne.
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