Peter Pett's Commentary on the Bible
Exodus 21:28-36
Regulations For Injuries In Connection With Beasts (Exodus 21:28).
In this section there is a very basic chiasmus:
a Punishment for the goring of a man or woman (Exodus 21:28).
b Punishment in respect of a beast falling into an open pit (Exodus 28:33).
a Punishment for the goring of a beast (Exodus 21:35).
“And if an ox gore a man or a woman and death results the ox will certainly be stoned, and its flesh shall not be eaten. But the owner of the ox shall be free from blame. But if the ox was in the habit of goring previously, and the owner had been told, and he had not kept it in, with the result that it killed a man or a woman, the ox shall be stoned and his owner also shall be put to death. If there be laid on him a ransom, then he shall give for the redemption of his life whatever is laid on him, whether he have gored a son or have gored a daughter, it shall be done to him according to this judgment.”
A man is not to be blamed for an unexpected attack by an ox even though death results. The only punishment is the slaying of the ox by stoning. It has been rendered blood guilty. Furthermore its meat could not be eaten. It belonged to God in reparation. But if the ox had a reputation for goring people and the owner had not restricted it, then the owner is guilty of manslaughter if it kills someone, and must be put to death. There is, however, in this exceptional case the possible alternative of a ‘ransom.' (Presumably because the killing was not the direct action of the owner - compare Numbers 35:31 where no ransom is allowed for a deliberate manslayer).
“If there be laid on him a ransom.” There is the alternative that the owner can pay a ransom fixed by the court and save his own life. He can be redeemed by the payment of a price. The choice as to whether a ransom can be accepted possibly rests solely in the hands of the court, but it may require the consent of the family of the deceased who may help to fix the level of the ransom (compare Exodus 21:22).
“The ox will certainly be stoned, and its flesh shall not be eaten.” The guilty animal must in all cases be put to death. And because it is blood guilty its flesh cannot be eaten. This may partly be due to the fact that being deprived of any benefit from the oxen is the sole punishment in some cases of the owner. But it is also a recognition that killing is an evil beyond all evils. The killer is marked off as solely in the hands of God, to be dealt with as He will. It is tabu.
In the Law Code of Hammurabi it was laid down that when an ox killed a man nothing needed to be done, but if it killed a man and was known to be dangerous then a fine should be paid. Life was not seen as quite so important there.
From our point of view there is a warning here about being concerned for the safety of others. These laws build up a background of righteous behaviour that can be applied to many situations. As we study them we learn from them the principles on which they are based, fairness, thoughtfulness and responsibility.
“If the ox gore a bondman or a bondwoman he shall give to their master thirty shekels of silver, and the ox shall be stoned.”
In this case the ransom is fixed because thirty shekels is the price of a bondman so that there is no argument.
The principle lying behind these laws is that of the responsibility of an owner for anything he owns which is dangerous. He is responsible to ensure that it can cause no harm. And secondly that blame should not be attached for what could not be foreseen.
“And if a man shall open a pit, or if a man shall dig a pit and not cover it, and an ox or an ass falls in it, the owner of the pit shall make it good. He shall give money to their owner and the dead beast shall be his.”
A man is responsible to safeguard any pit, well or cistern that he has dug or opened, for they should be covered. So if an ox or ass falls into them he must make recompense, but keeps the carcass. The principle is that someone should not lose through another's negligence. It reminds us today that God is concerned about our being concerned for the fate of others, including animals.
“And if one man's ox hurt another's so that it dies, then they will sell the live ox and divide what is obtained for it, and they will also divide the dead one. Or if it is known that the ox had a tendency to gore in the past, and his owner has not kept him in, he shall surely pay ox for ox and the dead beast shall be his own.”
Where there is accidental loss through a misbehaving ox any loss is divided between the two parties, but where the misbehaving ox already had a reputation for goring, the owner should have kept it under control, therefore he is responsible for any loss of the innocent party. He does, however, receive the dead animal and can sell its hide. It seems that at this stage the meat could also be eaten or sold.
Leviticus 17:15 expresses disfavour at the eating of such an animal that ‘dies of itself', either by homeborn or stranger, but as long as the blood is not eaten it only renders the person unclean, a position to be remedied by ritual washing and waiting until the evening. But Deuteronomy 14:21 forbids such food to God's people because the people are holy to Yahweh. It may, however, be given to ‘strangers' or foreigners. But no specific consequence is outlined. Both therefore express disapproval, any seeming contradiction probably depending on the type of ‘stranger' in question, whether temporary, semi-permament or permanent, or on the fact that Israelites were ignoring the law so that it had to be tightened up.
The code of Hammurapi and the Hittite Laws have fairly similar regulations to these above and what follows. Such laws were required in all farming communities. These laws teach us that we have a responsibility to ensure that what we have is not a danger to others and that we must be fair in our dealings, making compensation when it is our fault.