Shemot 21:29

29 But if the shor habitually from mitmol (yesterday) gored, and its ba’al has been warned, and he hath not kept it in the bull pen, and it hath killed an ish or an isha; the shor shall be stoned, and his ba’al also shall be put to death.

Shemot 21:29 Meaning and Commentary

Exodus 21:29

But if the ox were wont to push with his horns in time past,
&c.] Or "from or before yesterday, to the third" F13 that is, three days before, and had made three pushes, as Jarchi explains it:

and it hath been testified to his owner;
by sufficient witnesses, who saw him push at people for three days past: the Targum of Jonathan is,

``and it hath been testified to the face of his owner three days.''

Concerning this testimony Maimonides F14 thus writes,

``this is a testification, all that testify of it three days; but if he pushes, or bites, or kicks, or strikes even an hundred times on one day, this is no testification (not a sufficient one): three companies of witnesses testify of it in one day, lo, this is a doubt, whether it is a (proper) testimony or not; there is no testification but before the owner, and before the sanhedrim:''

and he hath not kept him in;
in some enclosed place, house or field, not frequented by people, and where there was no danger of doing any hurt, if this care was not taken, after a proper testimony had been given of his vicious disposition. By the Roman laws F15 oxen that pushed with their horns were to have hay bound about them, that those that met them might beware of them; hence that of Horace F16: but that he hath killed a man or a woman; by pushing and goring them with his horns, or any other way, as biting or kicking:

the ox shall be stoned;
as is provided for the preceding law:

and his owner shall be put to death;
since he was accessory to the death of the person killed, not keeping in his beast, when he had sufficient notice of his vicious temper: the Targum of Jonathan, and so other Jewish writers, interpret this of death sent upon him from heaven, or death by the immediate hand of God, as sudden death, or death by some disease inflicted, or before a man is fifty years of age; but there is no doubt to be made but this intends death by the civil magistrate, according to the original law, ( Genesis 9:6 ) .


FOOTNOTES:

F13 (Mvlv lmtm) "ab heri et nudiustertius", Pagninus, Montanus, Vatablus, Piscator, Drusius.
F14 Hilchot Niske Mammon, c. 6. sect. 1, 2.
F15 Plutarch. in Crasso.
F16 "Foenum habet in cornu, longe fuge". Horat. Sermon. l. 1. Satyr. 4.

Shemot 21:29 In-Context

27 And if he strike his eved’s shen (tooth), or his amah’s shen; he shall let him go free for his shen’s sake.
28 If an ox gore an ish or an isha, that they die; then the ox shall be surely stoned, and his basar shall not be eaten; but the ba’al hashor (owner of the ox) shall be exempt from punishment.
29 But if the shor habitually from mitmol (yesterday) gored, and its ba’al has been warned, and he hath not kept it in the bull pen, and it hath killed an ish or an isha; the shor shall be stoned, and his ba’al also shall be put to death.
30 If there be laid on him a kofer (atonement payment, ransom), then he shall give for the redemption of his nefesh whatsoever is assessed upon him.
31 Whether he have gored a ben, or have gored a bat, according to this mishpat shall it be done unto him.
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