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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 21:29 is a pivotal statute within the Mosaic Law, meticulously detailing the severe consequences for an owner whose ox, known to be habitually dangerous, causes the death of a person due to the owner's documented negligence. This law profoundly underscores God's unwavering regard for the sanctity of human life and establishes a foundational principle of accountability for foreseeable dangers under one's control, demanding the ultimate penalty for the culpable taking of a life.
CONTEXT
EXPOSITION AND ANALYSIS
Key Word Analysis
Verse Breakdown
Literary Devices
The structure of Exodus 21:29 employs casuistic law, a hallmark of the "Book of the Covenant," which presents legal stipulations in an "if...then" format. This clear, conditional structure leaves no ambiguity regarding the circumstances that trigger specific penalties. There is a powerful use of contrast between this verse and the preceding Exodus 21:28, where an accidental goring results in a monetary fine, not capital punishment. This juxtaposition highlights the critical distinction between unforeseen accidents and deaths resulting from known negligence, emphasizing the culpability of the owner's inaction. The severity of the prescribed punishment—the stoning of the ox and the death of the owner—serves as a form of emphasis or hyperbole, underscoring the absolute sanctity of human life in God's eyes and the profound gravity of failing to protect it. Furthermore, the ox itself can be seen as a symbol of property and, by extension, the owner's comprehensive responsibility for all under their charge, including the potential dangers their possessions might pose to others.
THEOLOGICAL AND THEMATIC CONNECTIONS
Exodus 21:29 profoundly articulates the biblical principle of the sanctity of human life, rooted in the understanding that humanity is created in the image of God. The law's severity for negligence resulting in death reflects God's unyielding demand for justice and accountability, demonstrating that the taking of a human life, even through carelessness, is a grievous offense against the Creator. It teaches that awareness of potential harm carries a moral and legal imperative to act, and failure to do so when human life is at stake is a profound violation of God's covenant. This statute underscores that God's law is not merely concerned with intentional malice but also with the consequences of carelessness, holding individuals responsible for their stewardship over their possessions and their environment, and ultimately for the well-being of their community.
REFLECTION AND APPLICATION
While the specific scenario of a goring ox is rooted in an ancient agrarian context, the timeless principles embedded in Exodus 21:29 resonate deeply with contemporary life, offering profound insights into personal responsibility and the value of human life. This law calls us to a profound sense of diligence and proactive care, urging us to identify and mitigate potential dangers within our spheres of influence. Whether managing a business, operating a vehicle, owning a pet, or even disseminating information in the digital age, we are challenged to consider the foreseeable risks and take concrete steps to prevent harm. The verse serves as a powerful reminder that negligence, particularly when it leads to tragic outcomes, is not trivial in God's sight. It compels us to prioritize safety, care, and foresight in all our endeavors, recognizing the immense value God places on every human life and the serious consequences that can arise from our failures to act responsibly. This principle extends beyond physical safety to our words, our influence, and our spiritual stewardship, reminding us that we are accountable for the potential harm our actions or inactions might cause to others.
Questions for Reflection
FAQ
Why is the ox also stoned in this scenario?
Answer: The stoning of the ox serves multiple significant purposes within the ancient Israelite legal and theological framework. First, it immediately removes the source of danger, ensuring no further harm can come from the animal. Second, it acts as a public and visible demonstration of the extreme gravity of the offense and the severe consequences of negligence, serving as a powerful deterrent for others in the community. Third, in ancient Israelite thought, the instrument of death, particularly if it caused the shedding of human blood, was considered defiled or "cursed." Its destruction, often by stoning, was a way to ritually cleanse the land from the impurity of innocent blood and to mark the event as an abomination, preventing any further use of the animal.
Does this law mean that all negligence leading to death today should result in capital punishment?
Answer: No, the specific legal penalties of the Mosaic civil code, such as capital punishment for this particular form of negligence, were part of a covenant specifically given to ancient Israel for their unique societal governance as a theocracy. While the underlying principles of accountability, justice, and the sanctity of human life remain eternal and universally applicable, the specific legal enactments are not directly binding on modern civil governments or the church today. However, the principle that negligence leading to death is a serious offense with severe consequences (e.g., charges of manslaughter or criminal negligence) is still reflected in modern legal systems, albeit with different penalties. The New Testament teaches that believers are under the law of Christ, which emphasizes spiritual transformation, love, and grace, while still respecting and submitting to governing authorities (e.g., Romans 13:1-7).
CHRIST-CENTERED FULFILLMENT
Exodus 21:29, with its severe penalty for negligence leading to death, powerfully underscores the gravity of human failure and the infinite sanctity of life in God's eyes. This law, like all of the Old Testament law, ultimately points to Christ and reveals humanity's desperate need for a Savior. Humanity, in its fallen state, is inherently negligent in its stewardship, often failing to "keep in" the dangers of sin that lead to spiritual death (Romans 6:23). We are all, in a sense, like the negligent owner, allowing the "ox" of our sinful nature to cause spiritual harm and death. Jesus Christ, as the perfect Son of God, perfectly fulfills the law's demands for righteousness, demonstrating absolute diligence and care. He is the ultimate "Good Shepherd" who not only "keeps in" His flock from all harm but lays down His life for them (John 10:11). On the cross, Christ bore the full penalty for humanity's negligence and sin, taking upon Himself the "death" that the law demanded, thereby redeeming us from the curse of the law (Galatians 3:13). His sacrifice upholds the infinite value of human life, not by demanding our death for our failures, but by offering His own life as a perfect substitute, providing forgiveness and eternal life to all who believe (John 3:16). Through Him, we are empowered by the Holy Spirit to live lives of greater diligence, care, and love, reflecting His perfect character rather than our former negligence, and becoming instruments of life and grace in the world (Ephesians 2:10).