Exodus 21:28

shall be stoned The sanctity of human life demanded that an animal, not less than a man, should suffer for violating it: cf. (in P) Genesis 9:5. Stoning was a common punishment among the Hebrew see e.g. Leviticus 20:2; Leviticus 20:27; Leviticus 24:14; Leviticus 24:16; Leviticus 24:23; Deuteronomy 13:10; Deuteronomy 17:5; Deuteronomy 21:21; Deuteronomy 22:21; Deuteronomy 22:24 f.: of an animal, as here, vv.29, 32, Exodus 19:13.

For the punishment of an animal and even of an inanimate object, such as a piece of wood or stone which had caused the death of a human being, there are many analogies. At Athens the court of the Phylobasileis (-Tribe-kings") in the Prytaneion, established, it was said, Draco (b.c. 624), investigated cases thus arising (Demosth. adv. Aristocr. § 76, p. 645, Arist. Constit. of Athens, 57 end); and so Plato (Legg.ix. 873 e 874 a) would have an animal or inanimate object that had killed a man tried, and, if found guilty, expelled from the country (the animal having been first slain). Pausanias (v. 27. 10; vi. 11. 6) mentions two cases of statues, one thrown into the sea, and the other ceremonially purified, for having caused a death. An interesting collection of parallels from many different nations is given by Frazer, Pausanias, ii. 370 ff. (cited by Cook, p. 252, who also refers to Baring-Gould, Curiosities of Olden Times, 1895, p. 57 ff.), many taken from Chambers, Book of Days, i. 126 ff. In mediaeval Europe animals charged with causing a death were often tried in a court of law, and, if found guilty, killed: a cow was executed in this way in France as late as 1740.

his flesh shall not be eaten Blood-guilt would be resting upon it, which would be transferred to any one partaking of it.

quit i.e. pronounced innocent, acquitted, as v.19. The owner is acquitted, because it is assumed to be the first time that the animal has so acted. On -quit," see Aldis Wright's Bible Word-Book, s.v.