Exodus 21:35

KJV

And if one man's ox hurt another's, that he die; then they shall sell the live ox, and divide the money of it; and the dead [ox] also they shall divide.

KJV (with Strong's)

And if one man's {H376} ox {H7794} hurt {H5062} another's {H7453}, that he die {H4191}; then they shall sell {H4376} the live {H2416} ox {H7794}, and divide {H2673} the money {H3701} of it; and the dead {H4191} ox also they shall divide {H2673}.

Complete Jewish Bible

"If one person's ox hurts another's, so that it dies, they are to sell the live ox and divide the revenue from the sale; and they are also to divide the dead animal.

Berean Standard Bible

If a man’s ox injures his neighbor’s ox and it dies, they must sell the live one and divide the proceeds; they also must divide the dead animal.

American Standard Version

And if one man’s ox hurt another’s, so that it dieth, then they shall sell the live ox, and divide the price of it; and the dead also they shall divide.

Commentary

### SUMMARY
Exodus 21:35 presents a specific civil statute within the Mosaic Law, addressing an accidental scenario where one man's ox causes the death of another's. This law mandates an equitable division of loss: the live, offending ox is to be sold, its monetary proceeds shared between both parties, and the carcass of the dead ox also divided. This meticulous regulation highlights God's concern for proportional justice, shared responsibility in unforeseen accidents, and the preservation of economic stability within the Israelite community, recognizing livestock as vital assets.

### CONTEXT
* **Literary Context:** Exodus 21:35 is nestled within the "Book of the Covenant" (Exodus 21:1-23:33), a foundational collection of casuistic laws delivered by God to Moses immediately following the Decalogue. This section meticulously details civil and criminal statutes designed to govern the daily life, property rights, and interpersonal relationships of the nascent Israelite nation. Specifically, this verse falls within a series of laws concerning damage caused by animals, particularly oxen. It is crucial to distinguish this statute from the preceding law concerning a goring ox that was "wont to push with his horn" (a known dangerous animal), as outlined in [Exodus 21:28-32](/exodus/21-28-32 "Exodus 21:28-32 - Law of the Goring Ox"). While the latter imposes severe penalties due to the owner's negligence or prior knowledge of the animal's viciousness, Exodus 21:35 addresses an unforeseen, accidental incident, thereby prescribing a different, more equitable form of restitution that emphasizes shared misfortune rather than punitive liability. The progression of laws in [Exodus 21](/exodus/21 "Exodus 21 - The Book of the Covenant") demonstrates a sophisticated legal framework distinguishing between intent, negligence, and accident.
* **Historical & Cultural Context:** In ancient Israel, an agrarian society, livestock—especially oxen—represented substantial wealth, labor, and sustenance. Oxen were indispensable for plowing fields, threshing grain, and served as a source of meat and hides. The loss of an ox, whether through accident or theft, could devastate a family's livelihood and economic stability. Consequently, detailed laws governing animal ownership, responsibility for damage, and methods of restitution were vital for maintaining social order, preventing escalating feuds, and ensuring community cohesion. These laws reflect a highly developed legal system designed to ensure fairness and prevent undue hardship. The principle of shared loss in accidental death, rather than full compensation by the owner of the offending animal, demonstrates a nuanced understanding of culpability in a society where such accidents were likely common. This approach contrasts with some other ancient Near Eastern law codes (e.g., portions of the Code of Hammurabi) which sometimes imposed stricter liability, highlighting the distinctive ethical and communal framework of the Mosaic Law, which often prioritized restorative justice and the well-being of the community over strict punitive measures.
* **Key Themes:** Exodus 21:35 contributes significantly to several key themes within the Book of the Covenant and the broader Pentateuch. Firstly, it underscores the theme of **Divine Justice and Equity**. God's law is presented as comprehensive and fair, addressing even seemingly minor property disputes with wisdom and impartiality. Secondly, it highlights the theme of **Communal Responsibility and Shared Burden**. In an accidental misfortune, the law prescribes a solution that distributes the loss, fostering a sense of mutual support rather than placing the entire burden on one party. This reflects a societal ideal where the community's well-being is prioritized. Thirdly, it speaks to the theme of **Economic Stability and Preservation of Livelihood**. By providing clear guidelines for restitution that prevent total ruin for either party, the law protects the economic foundations of Israelite families, recognizing the vital role of livestock. This concern for practical, everyday justice is a hallmark of God's covenant relationship with His people, ensuring that even the most mundane aspects of life are governed by divine principles, as seen in the repeated emphasis on impartial judgment throughout the Torah, such as in [Deuteronomy 16:18-20](/deuteronomy/16-18-20 "Deuteronomy 16:18-20 - Appointment of Judges").

### EXPOSITION AND ANALYSIS
#### Key Word Analysis
* **Hurt (Hebrew, _nagaph'_):** This verb (H5062) means "to strike," "to smite," or "to wound," often implying a forceful, injurious blow. In this context, it specifically refers to a fatal injury inflicted by one ox upon another. The use of _nagaph_ here emphasizes the accidental or unforeseen nature of the encounter, distinguishing it from intentional harm or a pre-existing condition of viciousness. It denotes a calamitous event that occurred without prior warning or negligence, setting the stage for a specific type of legal resolution.
* **Live (Hebrew, _chay'_):** This adjective (H2416) means "alive" or "living." In the context of "the live ox," it specifies the offending animal that survived the encounter. The fact that this ox is still alive is crucial, as its continued existence allows for its sale and the subsequent division of its value, which forms the core of the prescribed restitution. This word highlights the practical, economic aspect of the solution, focusing on the tangible asset that remains.
* **Divide (Hebrew, _châtsâh'_):** This primitive root (H2673) means "to cut or split in two" or "to halve." The repeated command to "divide" (both the money from the live ox and the dead ox itself) is central to the prescribed resolution. It signifies a principle of mutual burden-bearing and equitable sharing of loss in an accidental misfortune. This concept ensures that neither party is completely ruined by an event that was not due to clear negligence or malicious intent, embodying the balanced justice inherent in the Book of the Covenant.

#### Verse Breakdown
* **"And if one man's ox hurt another's, that he die;":** This initial clause establishes the precise scenario for which the law applies: an accidental, fatal injury inflicted by one ox upon another. The phrasing implies an unforeseen event, not a situation where the offending ox was known to be dangerous or where its owner was negligent. The focus is on the outcome—the death of the animal—as the trigger for the prescribed legal action, clearly delineating the scope of this particular statute.
* **"then they shall sell the live ox, and divide the money of it;":** This outlines the primary remedy. The offending ox, which survived the incident, is to be sold. The proceeds from its sale are then to be equally divided between the owner of the live ox and the owner of the dead ox. This mechanism ensures that both parties share in the financial loss, reflecting the accidental nature of the incident and preventing one party from bearing the entire burden. It is a pragmatic and equitable solution for restitution in a society where such assets were critical.
* **"and the dead [ox] also they shall divide.":** This final clause further emphasizes the principle of shared loss and meticulous fairness. Even the carcass of the dead ox, which would still possess some value (e.g., for hide, or possibly limited meat, though ritual purity laws would apply), is to be divided between the two parties. This reinforces the idea that the misfortune is a shared one, and any residual value or burden associated with the incident is to be equitably distributed, demonstrating the comprehensive nature of the Mosaic law in ensuring balanced justice.

#### Literary Devices
The primary literary device at play in Exodus 21:35 is **Casuistic Law**. This form of legal expression, prevalent in ancient Near Eastern legal codes, is characterized by its "if...then..." structure. It presents a specific case or scenario ("And if one man's ox hurt another's, that he die") and then prescribes the precise legal consequence or resolution ("then they shall sell the live ox, and divide the money of it; and the dead [ox] also they shall divide"). This case-by-case approach provides clear, unambiguous guidelines for judicial decisions and dispute resolution, ensuring consistency, predictability, and fairness within the legal system. The verse also employs **Repetition** of the concept of "divide," emphasizing the central principle of shared loss and equitable distribution of both the burden and any residual value. This repetition reinforces the divine commitment to balanced justice and communal harmony, even in accidental circumstances.

### THEOLOGICAL AND THEMATIC CONNECTIONS
Exodus 21:35 profoundly illustrates God's meticulous concern for justice, equity, and the practical well-being of His people, even extending to the mundane details of property law. It teaches that even in accidental circumstances, there is a degree of shared responsibility and a need for fair resolution to prevent undue hardship and maintain communal harmony. This law, by prescribing an equitable division of loss rather than full liability, underscores a nuanced understanding of culpability, distinguishing clearly between negligence and unforeseen accidents. It reflects a divine emphasis on restorative justice, aiming to mitigate the impact of misfortune on both parties and preserve the economic stability of the Israelite family unit, where livestock was often their primary capital. This principle of balanced justice, where both parties bear a portion of an accidental burden, serves to foster a more compassionate and cohesive community, reflecting the character of a God who is just in all His ways.

* [Leviticus 24:18](/leviticus/24-18 "Leviticus 24:18 - Restitution for Animal Loss")
* [Deuteronomy 1:17](/deuteronomy/1-17 "Deuteronomy 1:17 - Impartial Justice")
* [Proverbs 11:1](/proverbs/11-1 "Proverbs 11:1 - Just Weights and Measures")

### REFLECTION AND APPLICATION
While the specific scenario of oxen goring each other may seem remote to modern life, the underlying principles of Exodus 21:35 remain profoundly relevant for navigating conflicts and responsibilities in contemporary society. This law compels us to consider our accountability for the impact of our possessions or actions, even when harm is unintended. It calls for a spirit of fairness and a willingness to share burdens in accidental misfortunes, rather than seeking to place blame entirely on one party. In a world often driven by litigation, individualistic pursuits, and a desire to avoid any responsibility, this ancient statute reminds us of the communal imperative to seek equitable resolutions that promote healing and preserve relationships, rather than exacerbating division. It encourages us to cultivate a mindset of empathy, practical wisdom, and a commitment to balanced justice in resolving disputes, reflecting God's own character of righteousness and mercy. This principle can be applied to various modern contexts, from car accidents to business partnerships, urging us towards solutions that acknowledge shared humanity and mitigate total loss for any single party.

#### Questions for Reflection
* **How does the principle of shared loss in accidental harm, as seen in Exodus 21:35, challenge modern concepts of liability and responsibility that often seek to assign blame entirely to one party?**
* **In what ways can we apply the spirit of equitable dispute resolution from this passage to conflicts in our own communities, workplaces, or even families, fostering reconciliation over retribution?**
* **What does this law reveal about God's character and His desire for justice, economic stability, and harmony within human society, even in seemingly minor incidents?**

### FAQ
**How does Exodus 21:35 differ from the law concerning a goring ox in Exodus 21:28-32?**

Answer: The fundamental distinction lies in the owner's prior knowledge and negligence. [Exodus 21:28-32](/exodus/21-28-32 "Exodus 21:28-32 - Law of the Goring Ox") addresses a scenario where an ox was "wont to push with his horn in time past," meaning its owner knew it was dangerous but failed to take adequate measures to restrain it. If such an ox killed a person, the ox was to be stoned, and the owner could face the death penalty or pay a substantial ransom, indicating severe culpability due to negligence. Exodus 21:35, conversely, deals with an accidental death where there was no prior knowledge of the ox's viciousness. It's an unforeseen misfortune, leading to a shared financial burden rather than punitive measures, highlighting the Mosaic Law's nuanced approach to culpability.

**Why did they have to sell the live ox and divide the money, as well as the dead ox? Why not just have the owner of the live ox pay compensation?**

Answer: This specific method of restitution—selling the live ox and dividing its proceeds, along with the carcass of the dead ox—emphasizes the principle of shared loss in an accidental event. If the owner of the live ox had to pay full compensation for an unforeseen accident, it might impose an undue and potentially ruinous burden, especially in an agrarian society where an ox was a primary asset. By sharing the value of the live ox and the dead ox, the law ensured that neither party was completely ruined by the misfortune. It reflects a balanced approach to justice, acknowledging that while one's property caused harm, the incident was not due to negligence, thus promoting fairness and economic stability for both households. This pragmatic solution is consistent with the broader emphasis on communal well-being found throughout [Exodus 21](/exodus/21 "Exodus 21 - The Book of the Covenant").

### CHRIST-CENTERED FULFILLMENT
While Exodus 21:35 is a civil law governing property damage in ancient Israel, its underlying principles of justice, equity, and shared burden find profound resonance and ultimate fulfillment in the person and work of Jesus Christ. The law's careful distinction between accidental harm and culpable negligence points to God's perfect justice, which is fully embodied in Christ, who "committed no sin, neither was deceit found in his mouth" ([1 Peter 2:22](/1_peter/2-22 "1 Peter 2:22 - Christ's Sinlessness")). Furthermore, the concept of shared loss, where both parties bear a portion of the burden, foreshadows the radical solidarity of Christ, who, though innocent, bore the full weight of humanity's sin—both our intentional transgressions and the unintended consequences of a fallen world. He became the ultimate "live ox" sold, not for money, but for the redemption of humanity, dividing the spoils of victory over sin and death with those who believe ([Colossians 2:14-15](/colossians/2-14-15 "Colossians 2:14-15 - Christ's Triumph Over Sin")). Through His atoning sacrifice on the cross, Jesus takes upon Himself the "hurt" of our brokenness, reconciling us to God and to one another, offering a perfect, divine "restitution" that far surpasses any earthly legal code ([2 Corinthians 5:18-19](/2_corinthians/5-18-19 "2 Corinthians 5:18-19 - The Ministry of Reconciliation")). He is the one who perfectly fulfills the law's demand for justice while simultaneously extending grace, ensuring that the ultimate burden of our spiritual "death" is borne by Him, leading to our eternal life and reconciliation with God ([Romans 5:8](/romans/5-8 "Romans 5:8 - God's Love Demonstrated")).

Note: Commentary is generated by AI with a directive for Biblical fidelity. Always rely on the Holy Spirit for discernment. The Scripture text and cross-references are from verified, non-AI sources.