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Public-domain commentary
Matthew Henry
From his Commentary on the Whole Bible. Henry comments on passages, not single verses — this entry covers Exodus 21:22–36. His three-level outline is real structure in the source text, so it is rendered as structure.
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 21:31, a pivotal statute within the "Book of the Covenant," meticulously outlines the severe legal consequences for an owner whose habitually goring ox causes the death of a child. This verse powerfully underscores God's unwavering commitment to impartial justice, emphasizing that the established penalty—whether death or a substantial ransom—applies equally, affirming the inherent and equal value of all human life, regardless of age or vulnerability.
Context
Literary Context
This verse is an integral component of the "Book of the Covenant" (Exodus 21-23), a detailed collection of divine statutes delivered to Moses immediately following the Ten Commandments. These laws serve to elaborate upon and provide practical application for the broader moral principles established in the Decalogue, forming the foundational legal framework for ancient Israelite society. Specifically, Exodus 21:31 builds directly upon the preceding legislation concerning liability for a dangerous ox. Exodus 21:28 addresses an accidental goring resulting in death, where the ox is stoned but the owner is acquitted. However, Exodus 21:29 introduces a critical distinction: if the ox was known to be dangerous ("wont to push with his horn in time past") and the owner failed to restrain it, then the owner was held culpable, potentially facing the death penalty. Exodus 21:30 then offers the option of a ransom payment ("a sum of money") in lieu of the death penalty, if imposed by the judges. Verse 31 extends this severe judgment, clarifying that the same culpability and potential penalties apply precisely "according to this judgment" (referring to the prior verses) whether the victim is an adult, a "son," or a "daughter," thereby removing any ambiguity regarding the value of a child's life.
Historical & Cultural Context
In ancient Israel, livestock, particularly oxen, were indispensable for agricultural labor, transportation, and sustenance, making laws concerning their management crucial for societal order and economic stability. The "Book of the Covenant" reflects a legal system that, while sharing some structural similarities with other ancient Near Eastern law codes (such as the Code of Hammurabi), distinctly emphasizes principles rooted in God's character: justice, equity, and the sanctity of life. Unlike some contemporary codes that might assign different values to lives based on social status, this law, by explicitly mentioning "son" or "daughter," underscores the equal intrinsic worth of all human beings in God's eyes, regardless of age or social standing. This was revolutionary, as children were often seen as property or less significant in other cultures. The concept of "ransom" (כֹּפֶר, kopher) was a recognized legal and theological mechanism, allowing for a payment to avert a penalty, often death, foreshadowing deeper redemptive themes. The meticulous detail in these laws reflects a society where divine law permeated every aspect of life, establishing a framework for a just and compassionate community.
Key Themes
Exodus 21:31 contributes significantly to several overarching themes within the "Book of the Covenant" and the broader Pentateuch. Foremost among these is the Sanctity of Human Life, which is consistently upheld as supremely valuable, created in God's image (Genesis 9:6). The law's refusal to differentiate the value of a child's life from an adult's powerfully reinforces this theme. Another key theme is Divine Justice and Impartiality, demonstrating that God's laws are applied without favoritism or prejudice, ensuring equitable treatment for all members of the community, especially the vulnerable (Deuteronomy 10:17-18). This verse also highlights Personal and Communal Responsibility, holding individuals accountable for negligence and the foreseeable consequences of their actions, particularly concerning the safety of others. Finally, the provision for a ransom introduces the theme of Redemption and Atonement, where a price can be paid to avert a just penalty, a concept that will find its ultimate fulfillment in later biblical theology (Leviticus 17:11).
Exposition and Analysis
Key Word Analysis
The verb נָגַח (nâgach, H5055) is a primitive root meaning "to butt with the horns," or "to gore." Figuratively, it can mean "to war against." Its use here emphasizes the violent, forceful, and potentially lethal nature of the ox's actions. The repetition of this verb in the verse underscores the severity of the harm inflicted and, by extension, the owner's culpable failure to prevent such a dangerous outcome from a known threat.
The conjunction או (ʼôw, H176) signifies an alternative, meaning "or," "also," or "whether." Its inclusion here is crucial for establishing the comprehensive scope of the law, ensuring that the judgment applies universally, whether the victim is a "son" or a "daughter," leaving no room for gender-based distinctions in the application of justice.
The Hebrew word מִשְׁפָּט (mishpâṭ, H4941) is rich in meaning, encompassing a legal verdict, a sentence, a formal decree, divine law, justice, ordinance, custom, or even a just way of living. In this context, "according to this judgment" signifies that the established legal precedent and the principles of justice outlined in the preceding verses (Exodus 21:29-30) are to be rigorously and impartially applied. It underscores that these are not arbitrary rules but divine statutes designed to ensure fairness and righteousness within the community.
Verse Breakdown
"Whether he have gored a son,"
This clause specifically introduces a male child as the victim. The mention of a "son" (בֵּן, bên, H1121) immediately brings to focus the vulnerability of children and the particular responsibility of society and individuals to protect them. It ensures that the law's protective scope extends fully to the youngest male members of the community, leaving no room for a lesser penalty due to the victim's age.
"or have gored a daughter,"
The explicit inclusion of a "daughter" (בַּת, bath, H1323) alongside a son, connected by the conjunction "or" (ʼôw, H176), further reinforces the principle of equality in the application of justice. It demonstrates that gender does not diminish the value of a child's life in the eyes of God's law, emphasizing the impartial nature of divine justice and the equal worth of all individuals created in His image.
"according to this judgment shall it be done unto him."
This concluding phrase is crucial, serving as a direct and emphatic link to the preceding statutes in Exodus 21:29-30. It mandates that the same severe consequences—either the death penalty for the owner or the payment of a substantial ransom—are to be applied without deviation, irrespective of the victim's age or gender. The phrase "shall it be done unto him" (וְנַעֲשָׂה לוֹ, v'na'asah lo, from H6213) firmly establishes the owner's culpability for failing to restrain a known dangerous animal, highlighting the gravity of negligence when human life is at stake and ensuring that the prescribed penalty is enacted.
Literary Devices
Exodus 21:31, like much of the "Book of the Covenant," employs Casuistic Law, characterized by its "if... then..." structure (though implied here by referencing previous verses). This format provides specific case examples and their corresponding legal outcomes, making the application of justice clear and unambiguous. The Parallelism and Repetition of the phrase "gored a son, or have gored a daughter" serves to emphasize the severity of the act and the absolute equality of the victims in the eyes of the law. This deliberate phrasing highlights the divine mandate for Impartiality in justice, ensuring that no loophole would allow for a diminished penalty based on the victim's age or gender. The meticulous detail and Legal Precision in these laws reflect their divine origin, underscoring the importance of diligence and foresight in preventing harm, a principle deeply embedded in biblical ethics.
Theological and Thematic Connections
Exodus 21:31 profoundly articulates several foundational theological principles: the absolute sanctity of human life, the impartial nature of divine justice, and the critical importance of personal and communal accountability. God's law here makes no distinction between adult and child, male or female, in the value of a life lost due to negligence, demonstrating His deep concern for the vulnerable and His demand for equitable justice. The option of a ransom payment, while a legal provision, also introduces a significant theological theme of redemption, where a price is paid to avert a greater penalty, hinting at a broader biblical narrative of atonement and the ultimate cost of sin.
Reflection and Application
The ancient law of Exodus 21:31 remains remarkably relevant, offering timeless wisdom for our contemporary lives and societies. It compels us to recognize our profound responsibility for the potential dangers associated with our property, our actions, and even our negligence. This principle extends beyond literal oxen to encompass anything under our control that could foreseeably harm others—from maintaining safe environments and responsible pet ownership to exercising caution in our driving, the content we share online, or the words we speak. Furthermore, the law's specific mention of "son" and "daughter" serves as a powerful reminder of our particular moral and societal obligation to protect the vulnerable among us, especially children, who are often least able to defend themselves. It challenges us to actively identify and mitigate risks to those who are marginalized or at risk, advocating for their safety and well-being, and ensuring that our systems and structures do not inadvertently cause harm. Ultimately, this verse calls us to embody God's impartial justice, ensuring that our personal conduct and societal structures reflect the inherent and equal value of every human life, striving for a community marked by diligence, compassion, and fairness.
Questions for Reflection
FAQ
Why does the law specifically mention "son" or "daughter" when "person" was used earlier in the chapter?
The specific mention of "son" or "daughter" in Exodus 21:31 is not redundant but crucial for clarity and emphasis. While Exodus 21:29 refers to "any man or any woman," verse 31 explicitly includes children to remove any ambiguity regarding their legal status and value. In many ancient cultures, children might have been considered less valuable or their deaths might have incurred a lesser penalty than that of an adult. By specifically stating "son" or "daughter," God's law unequivocally declares that the life of a child holds the same intrinsic value and warrants the same severe judgment for negligence as that of an adult. This highlights God's profound concern for the vulnerable and His commitment to impartial justice, ensuring that no loophole would allow for a diminished penalty when a child's life was lost.
How does this ancient law relate to modern concepts of negligence or tort law?
Exodus 21:31 lays down foundational principles that resonate deeply with modern concepts of negligence and tort law, particularly regarding "strict liability" or "owner's liability." The key element is the "known danger" – if the ox "hath been wont to push with his horn in time past, and it hath been testified to his owner" (Exodus 21:29), the owner is held responsible for failing to take reasonable precautions. This mirrors modern negligence, where a party is liable for harm caused by their failure to exercise reasonable care when a risk is foreseeable. The "ransom" payment (Exodus 21:30) can be seen as an early form of restitution or punitive damages, where a financial penalty is imposed to compensate for harm and deter future negligence. The law underscores the importance of foresight, due diligence, and accountability for one's property and actions to prevent harm to others, a principle that remains central to legal systems today, emphasizing the societal imperative to protect life and ensure justice.
Christ-Centered Fulfillment
Exodus 21:31, with its emphasis on the sanctity of life, the gravity of negligence, and the provision of a ransom, finds profound Christ-centered fulfillment. The ransom payment, a "sum of money" offered to avert the death penalty for the culpable owner, powerfully foreshadows the ultimate redemptive sacrifice of Jesus Christ. Humanity, culpable in its sin and standing condemned to spiritual death, found its redemption not through a monetary payment, but through Christ, the innocent Lamb of God, who paid the ultimate ransom with His own life, securing eternal life for all who believe (1 Peter 1:18-19). Furthermore, this law's meticulous concern for the vulnerable, specifically children, beautifully anticipates Christ's own tender care and high regard for them. He welcomed children, rebuking those who would hinder them, declaring that the kingdom of heaven belongs to such as these (Matthew 19:14; Luke 18:16). In Jesus, God's perfect justice is fully satisfied, and His impartial love for all humanity—regardless of age, status, or vulnerability—is supremely demonstrated, offering not merely a legal judgment but a path to eternal reconciliation and life through His atoning work (Romans 5:8).