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 details a specific civil law within the Mosaic covenant, addressing an instance where one man's ox accidentally causes the death of another man's ox. Unlike scenarios involving a known dangerous animal, this statute prescribes an equitable division of loss: the live, offending ox is to be sold, its proceeds shared, and the carcass of the dead ox also divided. This meticulous regulation underscores the divine emphasis on 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 situated within the "Book of the Covenant" (Exodus 21:1-23:33), a collection of casuistic laws given to Moses immediately following the Ten Commandments. This section specifically deals with civil and criminal statutes designed to govern the daily life, property, and interpersonal relationships of the Israelite community. The preceding verses in [Exodus 21](/exodus/21 "Exodus 21 - The Book of the Covenant") address various forms of injury and damage, particularly those involving livestock. Crucially, this verse distinguishes itself from the law concerning a goring ox that was "wont to push with his horn" (a known dangerous animal), as detailed in [Exodus 21:28-32](/exodus/21-28 "Exodus 21:28-32 - Law of the Goring Ox"). While the latter imposes a greater penalty due to negligence or prior knowledge of danger, Exodus 21:35 addresses an accidental, unforeseen incident, thus requiring a different, more equitable form of restitution.
* **Historical & Cultural Context:** In ancient Israel, an agrarian society, livestock—especially oxen—represented significant wealth, labor, and sustenance. Oxen were indispensable for plowing fields, threshing grain, and as a source of meat and hides. The loss of an ox, whether through accident or theft, could severely impact a family's livelihood and economic stability. Therefore, detailed laws regarding animal ownership, responsibility, and damage were essential for maintaining social order and preventing perpetual feuds. These laws reflect a sophisticated legal system designed to ensure fairness, prevent undue hardship, and promote community cohesion by providing clear guidelines for dispute resolution. 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 contrasts with other ancient Near Eastern law codes (e.g., Code of Hammurabi) which sometimes imposed stricter liability, highlighting the unique ethical framework of the Mosaic Law as seen in passages like [Deuteronomy 1:17](/deuteronomy/1-17 "Deuteronomy 1:17 - Impartial Justice").

### EXPOSITION AND ANALYSIS
#### Key Word Analysis
* **Hurt (Hebrew, נָגַף _nagaph_):** This verb 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 nature of the encounter, distinguishing it from intentional harm or a pre-existing condition of viciousness. It denotes an unforeseen, calamitous event rather than a deliberate act or a predictable outcome of negligence.
* **Divide (Hebrew, חָלַק _chalaq_):** Meaning "to apportion," "to share," or "to distribute," this word is central to the prescribed resolution. The repeated command to "divide" (both the money from the live ox and the dead ox itself) highlights the equitable sharing of the loss. It signifies a principle of mutual burden-bearing in an accidental misfortune, ensuring that neither party is completely ruined by an event that was not due to clear negligence or malicious intent. This concept of shared responsibility is fundamental to the justice system outlined in the Book of the Covenant.

#### Verse Breakdown
* **"And if one man's ox hurt another's, that he die;":** This clause establishes the premise of the law: 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 the owner was negligent in its handling. The focus is on the outcome—the death of the animal—as the trigger for the prescribed legal action.
* **"then they shall sell the live ox, and divide the money of it;":** This outlines the primary remedy. The offending, live ox is to be sold, and the proceeds from its sale are 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's a pragmatic solution for restitution.
* **"and the dead [ox] also they shall divide.":** This final clause further emphasizes the principle of shared loss. Even the carcass of the dead ox, which would still have some value (e.g., for hide, or perhaps even limited meat, though ritual purity laws would apply), is to be divided. This reinforces the idea that the misfortune is a shared one, and all residual value or burden is to be equitably distributed between the two parties involved, demonstrating the meticulousness of the Mosaic law in ensuring fairness.

#### Literary Devices
The primary literary device at play in Exodus 21:35 is **Casuistic Law**. This form of law, common in ancient Near Eastern legal codes, is characterized by its "if...then..." structure, presenting a specific case or scenario ("if one man's ox hurt another's, that he die") and then prescribing the legal consequence or resolution ("then they shall sell the live ox..."). This precise, case-by-case approach provides clear guidelines for judicial decisions and dispute resolution, ensuring consistency and predictability 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 fairness and balanced justice, even in accidental circumstances.

### THEOLOGICAL AND THEMATIC CONNECTIONS
Exodus 21:35 profoundly illustrates God's concern for justice, equity, and the well-being of His people, even in 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 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.

* [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 and individualistic pursuits, this ancient statute reminds us of the communal responsibility to seek equitable resolutions that promote healing and preserve relationships, rather than exacerbating division. It encourages us to cultivate a mindset of empathy and practical wisdom in resolving disputes, reflecting God's own character of justice and mercy.

#### 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?**
* **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?**
* **What does this law reveal about God's character and His desire for justice and harmony within human society?**

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

Answer: The key difference lies in the owner's prior knowledge of the ox's dangerous propensity. [Exodus 21:28-32](/exodus/21-28 "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 restrain it. In such cases, if the ox killed a person, the ox was to be stoned, and the owner could be put to death or pay a ransom, indicating severe negligence. Exodus 21:35, however, 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.

**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, it might impose an undue burden for an unforeseen accident. 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 in an agrarian society where oxen were vital assets, as seen in the broader context of [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 "Colossians 2:14-15 - Christ's Triumph Over Sin")). Through His atoning sacrifice, 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 "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 ([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.