Exodus Chapter 21 verse 28 Holy Bible

Pulpit Commentary

Pulpit CommentaryVerses 28-32. - Injuries done by cattle to slaves and freemen. For the purpose of inculcating as strongly as possible the principle of the sanctity of human life, the legislator notices the case where mortal injury is done to a person by a domesticated animal. The ox is taken as the example, being the animal most likely to inflict such an injury. In accordance with the declaration already made to Noah (Genesis 9:6), it is laid down that the destructive beast must be killed. Further, to mark the abhorrence in which murder ought to be held, the provision is made, that none of the creature' s flesh must be eaten. The question then arises, is the owner to suffer any punishment? This is answered in the way that natural equity points out - "If he had reason to know the savage temper of the animal, he is to he held responsible; if otherwise, he is to go free." In the former case, the Hebrew law assigned a higher degree of responsibility than accords with modern notions; but practically the result was not very different. The neglectful Hebrew owner was held to have been guilty of a capital offence, but was allowed to "redeem his life" by a fine. His modern counterpart would be held to have been guilty simply of laches or neglect of duty, and would be punished by fine or imprisonment Verse 28. - The ox shall be surely stoned. He shall suffer the same death that would have been the portion of a human murderer. His flesh shall not be eaten. The animal was regarded as accursed, and therefore, as a matter of course, no Hebrew might eat of it. According to the Rabbinical commentators, it was not even lawful to sell the carcase to Gentiles. The owner shall be quit - i.e., "shall be liable to no punishment."

Ellicott's Commentary

Ellicott's Commentary for English Readers(28-32) Injuries to the person might arise either from man or from animals. Protection from both was needed. The law given to Noah (Genesis 9:5) had already laid it down that whenever a beast killed a man his life was to be forfeit. This law was now re-enacted, but with a further and very important proviso. If the animal had an owner, and the owner had reason to know that it was dangerous, then not only the beast, but the owner also was to be held guilty. He was to be liable to a process for murder (Exodus 21:29); but, with the consent of the aggrieved family, might pay a sum of money as compensation instead (Exodus 21:30). In the case of a slave, the sum was fixed at what was regarded as the standard price of a slave (Leviticus 25:44-46; Leviticus 27:3), viz., thirty silver shekels.(28) The ox shall be surely stoned--i.e., he shall die the death of a murderer. . . .