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Commentary on Exodus 21 verses 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.
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SUMMARY
Exodus 21:28 establishes a critical legal statute within the Mosaic Law, addressing the accidental death of a person caused by an ox. This specific case law, part of the "Book of the Covenant," meticulously outlines the consequences for the animal and clarifies the owner's culpability, emphasizing the supreme value of human life, the necessity of justice, and the distinction between unforeseen accidents and negligence within the ancient Israelite legal framework.
CONTEXT
EXPOSITION AND ANALYSIS
Key Word Analysis
Verse Breakdown
Literary Devices
Exodus 21:28 employs several literary devices that enhance its legal and theological impact. The primary device is Casuistic Law, presented in an "if... then..." format, which is characteristic of the "Book of the Covenant" and ancient Near Eastern legal codes. This structure provides clear, case-based rulings for specific situations, making the law practical and applicable to the daily lives of the Israelites. Symbolism is also prominent; the stoning of the ox symbolizes the gravity of taking a human life, even accidentally, and the community's need to purge that which causes death and defilement. The prohibition against eating the flesh further symbolizes the defilement associated with the act and the absolute separation required when human life is lost, ensuring no profit is gained from such a tragedy. Finally, there is a clear Contrast established between the fate of the ox (destruction and defilement) and the status of its owner (acquittal), highlighting the nuanced application of justice based on culpability and intent, distinguishing between an unforeseen accident and negligence.
THEOLOGICAL AND THEMATIC CONNECTIONS
Exodus 21:28 profoundly underscores the sanctity of human life, a core biblical principle rooted in humanity's creation in God's image. The law's severe response to an animal-caused fatality—the destruction and defilement of the ox—demonstrates that even unintentional taking of life is treated with utmost seriousness, emphasizing that human life holds immeasurable value above property. Furthermore, the statute reveals God's meticulous concern for justice and fairness, carefully distinguishing between accidental harm and negligence. It establishes a framework for accountability, ensuring that consequences are proportionate to culpability, thereby laying the groundwork for a just society that values human life and protects its members. This legal principle foreshadows later biblical teachings on the value of life and the requirements for justice.
REFLECTION AND APPLICATION
While the specific scenario of a goring ox may seem distant from modern life, the underlying principles of Exodus 21:28 remain profoundly relevant for our personal and communal walk. This ancient law calls us to a deep reverence for human life, reminding us that every individual is precious in God's sight, created with inherent dignity. It challenges us to consider our responsibility for the potential harm that might arise from our possessions, actions, or even our inactions. Whether it's the responsible handling of a vehicle, the diligent management of a business, or the careful oversight of our influence and words, we are called to exercise due diligence and foresight to prevent harm to others. The distinction between accidental harm and culpable negligence also speaks to the importance of fairness and integrity in our judgments and interactions, encouraging us to seek justice that is both firm in upholding righteousness and compassionate in discerning intent. Ultimately, the passage encourages us to cultivate a posture of care, accountability, and profound respect for the lives of those around us, reflecting the heart of a just and loving God.
Questions for Reflection
FAQ
Why was the ox stoned, and why couldn't its flesh be eaten?
Answer: The stoning of the ox served multiple purposes. Firstly, it was a form of capital punishment, symbolizing the gravity of taking a human life, even if by an animal. It purged the community of a dangerous creature and underscored the sanctity of human life above all else. Secondly, forbidding the consumption of its flesh ensured that no economic benefit was derived from the animal that caused a human fatality, further emphasizing the severity of the incident. It also marked the ox as defiled or ritually unclean due to its role in a death, preventing any association with the tragic event. This was not about punishing the animal in a moral sense, but about a legal and symbolic response to the loss of human life, reinforcing the value God places on people.
CHRIST-CENTERED FULFILLMENT
Exodus 21:28, while a specific civil statute, points to profound Christ-centered truths concerning justice, substitution, and redemption. The law's insistence on the absolute destruction of the ox that takes a human life, even accidentally, foreshadows the ultimate consequence of sin: death. Just as the ox, though not morally culpable, must die because of the death it caused, so too does the law demand a life for a life, revealing the uncompromising nature of divine justice against sin. However, humanity, unlike the ox, is morally culpable. Here, Christ enters the narrative. He is the ultimate "Lamb of God" who, though innocent, "takes away the sin of the world!" (John 1:29). He became sin for us, bearing the death penalty that we deserved, so that we might be declared "quit" or righteous before God. Through His sacrifice on the cross, the demands of the law are fully met, and those who believe in Him are acquitted, not because of their innocence, but because of His perfect substitutionary atonement (2 Corinthians 5:21). He fulfills the law's demand for justice while simultaneously providing mercy, allowing us to be "free from punishment" (Romans 8:1) in a way the owner of the goring ox could only partially experience.