Exodus 21:36

36 "Or if it is known that the ox was previously in the habit of goring, yet its owner has not confined it, he shall surely pay ox for ox, and the dead animal shall become his.

Exodus 21:36 Meaning and Commentary

Exodus 21:36

Or if it be known that the ox hath used to push in time past,
&c.] If it is a plain case, and a thing well known in the neighbourhood, and there are witnesses enough to testify it, that it has yesterday, and for two or three days running, pushed with his horns men and cattle, as they have come in his way, (See Gill on Exodus 21:29)

and his owner hath not kept him in;
took no care to prevent his doing mischief by putting him into a barn or out house, or into an enclosure, where he could do no damage to any:

he shall surely pay ox for ox;
that is, he shall give as good an ox to him, whose ox has been killed by his, as that was, or pay him the full worth and value of it: and the dead shall be his own; shall not be divided as in the preceding case, but shall be the proprietor's wholly, that is, the sufferer's; because the owner of the vicious ox took no care of him, though it was well known he was mischievous, for which negligence he was punished this way.

Exodus 21:36 In-Context

34 the owner of the pit shall make restitution; he shall give money to its owner, and the dead animal shall become his.

35 "If one man's ox hurts another's so that it dies, then they shall sell the live ox and divide its price equally; and also they shall divide the dead ox.

36 "Or if it is known that the ox was previously in the habit of goring, yet its owner has not confined it, he shall surely pay ox for ox, and the dead animal shall become his.