Exodus 21:28

28 If an ox smiteth with his horn either man, or woman, and they be dead, the ox shall be thrown down with stones, and his flesh shall not be eaten, and the lord of the ox shall be guiltless. (If an ox striketh with his horn a man, or a woman, unto the death, the ox shall be thrown down with stones, and his flesh shall not be eaten, but the lord of the ox shall be guiltless.)

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 a man smiteth the eye of his servant, either of his handmaid, and maketh them one-eyed, he shall deliver them free for the eye which he put out (he shall let them go out free for the eye which he hath put out).
27 Also if he smite out a tooth of his servant, or (of) [his] handmaid, in like manner he shall deliver them free (likewise he shall let them go out free).
28 If an ox smiteth with his horn either man, or woman, and they be dead, the ox shall be thrown down with stones, and his flesh shall not be eaten, and the lord of the ox shall be guiltless. (If an ox striketh with his horn a man, or a woman, unto the death, the ox shall be thrown down with stones, and his flesh shall not be eaten, but the lord of the ox shall be guiltless.)
29 That if the ox was an horn-putter from yesterday and the third day ago, and men warned his lord, (yet) neither the lord closed him, and he slayeth a man, or a woman, both the ox shall be thrown adown with stones, and they shall slay his lord; (But if the ox was a horn-putter from yesterday and the third day ago, and men had warned his lord, but his lord did not enclose him, and he killeth a man, or a woman, the ox shall be thrown down with stones, and they shall also kill his lord;)
30 that if the price be put to the lord, he shall give for his life whatever he is asked. (but if a fine be put on the ox's lord, he shall give whatever he is asked for, as the ransom for his life.)
Copyright © 2001 by Terence P. Noble. For personal use only.