EXO 21

Exodus 21:28

WEB

“If a bull gores a man or a woman to death, the bull shall surely be stoned, and its meat shall not be eaten; but the owner of the bull shall not be held responsible.

BSB

If an ox gores a man or woman to death, the ox must surely be stoned, and its meat must not be eaten. But the owner of the ox shall not be held responsible.

KJV

¶ If an ox gore a man or a woman, that they die: then the ox shall be surely stoned, and his flesh shall not be eaten; but the owner of the ox shall be quit.

Matthew Henry

Verses 22–36

Exodus 21:22–36

Observe here,

I. The particular care which the law took of women with child, that no hurt should be done them which might occasion their mis-carrying. The law of nature obliges us to be very tender in that case, lest the tree and fruit be destroyed together, Exo 21:22, Exo 21:23. Women with child, who are thus taken under the special protection of the law of God, if they live in his fear, may still believe themselves under the special protection of the providence of God, and hope that they shall be saved in child-bearing. On this occasion comes in that general law of retaliation which our Saviour refers to, Mat 5:38, An eye for an eye. Now, 1. The execution of this law is not hereby put into the hands of private persons, as if every man might avenge himself, which would introduce universal confusion, and make men like the fishes of the sea. The tradition of the elders seems to have put this corrupt gloss upon it, in opposition to which our Saviour commands us to forgive injuries, and not to meditate revenge, Mat 5:39. 2. God often executes it in the course of his providence, making the punishment, in many cases, to answer to the sin, as Jdg 1:7; Isa 33:1; Hab 2:13; Mat 26:52. 3. Magistrates ought to have an eye to this rule in punishing offenders, and doing right to those that are injured. Consideration must be had of the nature, quality, and degree of the wrong done, that reparation may be made to the party injured, and others deterred from doing the like; either an eye shall go for an eye, or the forfeited eye shall be redeemed by a sum of money. Note, He that does wrong must expect one way or other to receive according to the wrong he has done, Col 3:25. God sometimes brings men's violent dealings upon their own heads (Psa 7:16); and magistrates are in this the ministers of the justice, that they are avengers (Rom 13:4), and they shall not bear the sword in vain.

II. The care God took of servants. If their masters maimed them, though it was only striking out a tooth, that should be their discharge, Exo 21:26, Exo 21:27. This was intended, 1. To prevent their being abused; masters would be careful not to offer them any violence, lest they should lose their service. 2. To comfort them if they were abused; the loss of a limb should be the gaining of their liberty, which would do something towards balancing both the pain and disgrace they underwent. Nay,

III. Does God take care for oxen? Yes, it appears by the following laws in this chapter that he does, for our sakes, Co1 9:9, Co1 9:10. The Israelites are here directed what to do,

1. In case of hurt done by oxen, or any other brute-creature; for the law, doubtless, was designed to extend to all parallel cases. (1.) As an instance of God's care of the life of man (though forfeited a thousand times into the hands of divine justice), and in token of his detestation of the sin of murder. If an ox killed any man, woman, or child, the ox was to be stoned (Exo 21:28); and, because the greatest honour of the inferior creatures is to be serviceable to man, the criminal is denied that honour: his flesh shall not be eaten. Thus God would keep up in the minds of his people a rooted abhorrence of the sin of murder and every thing that was barbarous. (2.) To make men careful that none of their cattle might do hurt, but that, by all means possible, mischief might be prevented. If the owner of the beast knew that he was mischievous, he must answer for the hurt done, and, according as the circumstances of the case proved him to be more or less accessory, he must either be put to death or ransom his life with a sum of money, Exo 21:29-32. Some of our ancient books make this felony, by the common law of England, and give this reason, "The owner, by suffering his beast to go at liberty when he knew it to be mischievous, shows that he was very willing that hurt should be done." Note, It is not enough for us not to do mischief ourselves, but we must take care that no mischief be done by those whom it is in our power to restrain, whether man or beast.

2. In case of hurt done to oxen, or other cattle. (1.) If they fall into a pit, and perish there, he that opened the pit must make good the loss, Exo 21:33, Exo 21:34. Note, We must take heed not only of doing that which will be hurtful, but of doing that which may be so. It is not enough not to design and devise mischief, but we must contrive to prevent mischief, else we become accessory to our neighbours' damage. Mischief done in malice is the great transgression; but mischief done through negligence, and for want of due care and consideration, is not without fault, but ought to be reflected upon with great regret, according as the degree of the mischief is: especially we must be careful that we do nothing to make ourselves accessory to the sins of others, by laying an occasion of offence in our brother's way, Rom 14:13. (2.) If cattle fight, and one kill another, the owners shall equally share in the loss, Exo 21:35. Only if the beast that had done the harm was known to the owner to have been mischievous he shall answer for the damage, because he ought either to have killed him or kept him up, Exo 21:36. The determinations of these cases carry with them the evidence of their own equity, and give such rules of justice as were then, and are still, in use, for the decision of similar controversies that arise between man and man. But I conjecture that these cases might be specified, rather than others (though some of them seem minute), because they were then cases in fact actually depending before Moses; for in the wilderness where they lay closely encamped, and had their flocks and herds among them, such mischiefs as these last mentioned were likely enough to occur. That which we are taught by these laws is that we should be very careful to do no wrong, either directly or indirectly; and that, if we have done wrong, we must be very willing to make satisfaction, and desirous that nobody may lose by us.

Cross-references: Exod 21:22 · Exod 21:23 · Matt 5:38 · Matt 5:39 · Judg 1:7 · Isa 33:1 · Hab 2:13 · Matt 26:52 · Col 3:25 · Ps 7:16 · Rom 13:4 · Exod 21:26 · Exod 21:27 · 1Cor 9:9 · 1Cor 9:10 · Exod 21:28 · Exod 21:29 · Exod 21:33 · Exod 21:34 · Rom 14:13 · Exod 21:35 · Exod 21:36

Hebrew interlinear

H3588

כִּיkîy/kee/

conj — relative conjunction

Derivation: a primitive particle (the full form of the prepositional prefix) indicating causal relations of all kinds, antecedent or consequent;

(by implication) very widely used as a relative conjunction or adverb (as below); often largely modified by other particles annexed

KJV: and, (forasmuch, inasmuch, where-) as, assured(-ly), but, certainly, doubtless, else, even, except, for, how, (because, in, so, than) that, nevertheless, now, rightly, seeing, since, surely, then, therefore, (al-) though, till, truly, until, when, whether, while, whom, yea, yet.

כִּי

conj — that

כִּי conj. that, for, when

1. that

2.

a. Of time, when, of the past

b. elsewhere כִּי has a force approximating to if, though it usu. represents a case as more likely to occur than אִם

c. when or if, with a concessive force, i.e. though

3. Because, since

כִּי אם־

relative conjunction

כִּי אם־

1. each part. retaining its independent force, and relating to a different clause:

a. that if

b. for if

2. (About 140 t.) the two particles being closely conjoined, and relating to the same clause—

a. limiting the prec. clause, except

b. the if being neglected, and treated as pleonastic, so that the clause is no longer a limitation of the preceding clause but a contradiction of it: but rather, but

c. after an oath, surely

כִּי עַל כֵּן

forasmuch as

כִּי עַל כֵּן forasmuch as

H5055

נָגַחnâgach/naw-gakh'/

v — butt, war

Derivation: a primitive root;

to butt with the horns; figuratively, to war against

KJV: gore, push (down, -ing).

נָגַח

vb — push

נָגַח vb. push, thrust, gore

Qal gore

Pi. push or thrust at

Hithp. engage in thrusting with, wage war with

H7794

שׁוֹרshôwr/shore/

n-m — bullock, traveller

Derivation: from 7788;

a bullock (as a traveller)

KJV: bull(-ock), cow, ox, wall (by mistake for 7791).

שׁוֹר

n.m — a head of cattle

שׁוֹר 78 n.m. a head of cattle, bullock, ox, etc.

H853

אֵתʼêth/ayth/

prt — self, even, namely

Derivation: apparent contracted from 226 in the demonstrative sense of entity;

properly, self (but generally used to point out more definitely the object of a verb or preposition, even or namely)

KJV: [as such unrepresented in English].

אֵת

mark of the accusative

אֵת the mark of the accusative, prefixed as a rule only to nouns that are definite

H376

אִישׁʼîysh/eesh/

n-m — man

Derivation: contracted for 582 (or perhaps rather from an unused root meaning to be extant);

a man as an individual or a male person; often used as an adjunct to a more definite term (and in such cases frequently not expressed in translation)

KJV: also, another, any (man), a certain, champion, consent, each, every (one), fellow, (foot-, husband-) man, (good-, great, mighty) man, he, high (degree), him (that is), husband, man(-kind), none, one, people, person, steward, what (man) soever, whoso(-ever), worthy. Compare 802.

אִישׁ

n.m — man

אִישׁ 2166 n.m. man (= vir)

H176

אוֹʼôw/o/

conj — desire, or, if

Derivation: presumed to be the 'constructive' or genitival form of אַו ; short for 185;

desire (and so probably in Proverbs 31:4); hence (by way of alternative) or, also if

KJV: also, and, either, if, at the least, × nor, or, otherwise, then, whether.

אֵו

n.m — desire

[אֵו] n.m. אוֹ, Kt Pr 31:4 desire, so Thes MV; but < Qr אֵי q.v.

אוֹ

conj — or

אוֹ 320 conj. or

1. sometimes implying a preference, nearly or rather

2. introducing a sentence, esp. a particular case under a general principle, or = or if

3. if perchance

4. once, with the juss. = except

H802

אִשָּׁהʼishshâh/ish-shaw'/

n-f — woman

Derivation: feminine of 376 or 582; irregular plural, נָשִׁים;(used in the same wide sense as 582)

a woman

KJV: (adulter) ess, each, every, female, × many, none, one, together, wife, woman. Often unexpressed in English.

אִשָּׁה

n.f — woman

אִשָּׁה 773 n.f. woman, wife, female

1. woman

2. Wife (woman belonging to a man, usually cstr. or sf.)

3. Female of animals

4. With distrib. & recipr. sense, each woman from her neighbor; each one

H4191

מוּתmûwth/mooth/

v — die, kill

Derivation: a primitive root;

to die (literally or figuratively); causatively, to kill

KJV: × at all, × crying, (be) dead (body, man, one), (put to, worthy of) death, destroy(-er), (cause to, be like to, must) die, kill, necro(-mancer), × must needs, slay, × surely, × very suddenly, × in (no) wise.

מוּת

vb — die

מוּת vb. die

Qal

1. die, of natural or other causes

2. die as a penalty = be put to death

Po‛lel. kill, put to death, despatch (intens.)

Hiph.

1. abs., elsewhere c. acc., subj. man

2. subj. God, by inflicting penalty

3. of animals killing men

4. bring to a premature death

Hoph. be killed, put to death

H5619

סָקַלçâqal/saw-kal'/

v — be weighty, lapidation, de

Derivation: a primitive root;

properly, to be weighty; but used only in the sense of lapidation or its contrary (as if a delapidation)

KJV: (cast, gather out, throw) stone(-s), × surely.

סָקַל

vb — stone

[סָקַל] vb. stone, be put to death by stoning, also (Pi.) free from stones

Qal pelt with stones, stone to death

Niph. be stoned to death

Pi.

1. stone, pelt with stones

2. free vineyard (acc.) from stones

Pu. be stoned to death

H3808

לֹאlôʼ/lo/

adv — not, no

Derivation: or לוֹא; or לֹה; (Deuteronomy 3:11), a primitive particle;

not (the simple or abs. negation); by implication, no; often used with other particles

KJV: × before, or else, ere, except, ig(-norant), much, less, nay, neither, never, no((-ne), -r, (-thing)), (× as though...,(can-), for) not (out of), of nought, otherwise, out of, surely, as truly as, of a truth, verily, for want, whether, without.

לֹא

adv — not

לֹא or לוֹא adv. not

H398

אָכַלʼâkal/aw-kal'/

v — eat

Derivation: a primitive root;

to eat (literally or figuratively)

KJV: × at all, burn up, consume, devour(-er, up), dine, eat(-er, up), feed (with), food, × freely, × in...wise(-deed, plenty), (lay) meat, × quite.

אָכַל

vb — eat

אָכַל 806 vb. eat

Qal

1. eat, human subject

2. of beasts, birds, etc., eat, devour

3. fig. of fire, devour, consume

4. of sword, devour, slay

5. in genl., devour, consume, destroy

6. fig. of oppression, devour the poor

Niph.

1. be eaten by man

2. be devoured by fire, consumed

3. be wasted, destroyed, of flesh

Pu. be consumed

Hiph.

1. cause to eat, feed with

2. cause to devoure, obj. sword

H1320

בָּשָׂרbâsâr/baw-sawr'/

n-m — flesh, freshness, body, person, pudenda

Derivation: from 1319;

flesh (from its freshness); by extension, body, person; also (by euphemistically) the pudenda of a man

KJV: body, (fat, lean) flesh(-ed), kin, (man-) kind, nakedness, self, skin.

בָּשָׂר

n.m — flesh

בָּשָׂר 266 n.m. flesh

1. of the body

2. flesh for the body itself

3. male organ of generation (euphemism)

4. flesh for kindred, blood-relations

5. man over against God as frail or erring

H1167

בַּעַלbaʻal/bah'-al/

n-m — master, husband, owner

Derivation: from 1166;

a master; hence, a husband, or (figuratively) owner (often used with another noun in modifications of this latter sense)

KJV: archer, babbler, bird, captain, chief man, confederate, have to do, dreamer, those to whom it is due, furious, those that are given to it, great, hairy, he that hath it, have, horseman, husband, lord, man, married, master, person, sworn, they of.

בַּעַל

n.m — Baal

בַּעַל 166 n.m. owner, lord

I.

1. owner

2. husband

3. citizens, inhabitants

4. rulers, lords

5. n. of relation

II. Esp. lord, specif. as divine name, Baal.

H5355

נָקִיnâqîy/naw-kee'/

a — innocent

Derivation: or נָקִיא; (Joel 4:19; Jonah 1:14), from 5352;

innocent

KJV: blameless, clean, clear, exempted, free, guiltless, innocent, quit.

נָקִי

adj — clean

נָקִי adj. clean, free from, exempt

נָקִיא

adj — innocent

נָקִיא adj. innocent

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