Exodus 21:28

Instructions about animals and property

28 When an ox gores a man or a woman to death, the ox should be stoned to death, and the meat of the ox shouldn't be eaten. But the owner of the ox shouldn't be punished.

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 When a slave owner hits and blinds the eye of a male or female slave, he should let the slave go free on account of the eye.
27 If he knocks out a tooth of a male or female slave, he should let the slave go free on account of the tooth.
28 When an ox gores a man or a woman to death, the ox should be stoned to death, and the meat of the ox shouldn't be eaten. But the owner of the ox shouldn't be punished.
29 However, if the ox had gored people in the past and its owner had been warned but didn't watch out for it, and the ox ends up killing a man or a woman, then the ox should be stoned to death, and its owner should also be put to death.
30 If the owner has to pay compensation instead, he must pay the agreed amount to save his life.
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