Exodus 21:36

Or if it be known that the ox hath used to push in time past, and his owner hath not kept him in; he shall surely pay ox for ox; and the dead shall be his own.

Or if it be known {H3045} that the ox {H7794} hath used to push {H5056} in time past {H8543}{H8032}, and his owner {H1167} hath not kept {H8104} him in; he shall surely {H7999} pay {H7999} ox {H7794} for ox {H7794}; and the dead {H4191} shall be his own.

But if it is known that the ox was in the habit of goring in the past, and the owner did not confine it; he must pay ox for ox, but the dead animal will be his.

But if it was known that the ox had a habit of goring, yet its owner failed to restrain it, he shall pay full compensation, ox for ox, and the dead animal will be his.

Or if it be known that the ox was wont to gore in time past, and its owner hath not kept it in; he shall surely pay ox for ox, and the dead beast shall be his own.

Commentary

Exodus 21:36 is part of the "Book of the Covenant" (Exodus 21-23), a collection of civil laws given by God to Israel after the Ten Commandments. This specific verse addresses the legal liability for property damage caused by an animal, particularly when the owner has prior knowledge of the animal's dangerous tendencies.

Context

This verse builds upon the previous law concerning an ox that gored another ox (Exodus 21:35). While the previous verse dealt with an accidental goring resulting in shared loss, Exodus 21:36 introduces the critical element of negligence. It describes a scenario where the owner was aware of their ox's aggressive nature ("hath used to push in time past") but failed to take adequate measures to restrain it ("hath not kept him in"). The severity of the penalty reflects this heightened culpability. This contrasts sharply with the even more severe penalties for an ox that gored a person, as outlined in Exodus 21:28-32.

Key Themes

  • Accountability and Responsibility: The law clearly places the burden of responsibility on the animal's owner. Property rights come with duties, especially concerning public safety.
  • Consequences of Negligence: The verse highlights that knowing about a danger and failing to act on that knowledge results in a greater penalty. It emphasizes the importance of due diligence.
  • Full Restitution: The phrase "he shall surely pay ox for ox" mandates complete compensation for the loss. This principle of restitution ensures the injured party is made whole. Additionally, "the dead shall be his own" means the negligent owner also bears the loss of their own animal, doubling the financial impact.
  • Justice and Order: These laws were designed to maintain social order and protect the community's property and livelihood, ensuring fair and just resolution to disputes.

Linguistic Insights

The phrase "used to push in time past" (Hebrew: ื ึทื’ึผึธื— ื”ื•ึผื ืžึดืชึผึฐืžื•ึนืœ ืฉืึดืœึฐืฉืื•ึนื, naggach hu mitmol shilshom) emphasizes a repeated, known pattern of aggressive behavior, not an isolated incident. It signifies that the ox had a history of goring or pushing, making its owner fully aware of its dangerous disposition. The owner's failure to "keep him in" (ืœึนื ื™ึดืฉืึฐืžึฐืจึถื ึผื•ึผ, lo yishmerennu) implies a lack of proper restraint or supervision despite this knowledge, underscoring the negligence that warrants the stricter penalty.

Practical Application

The principles found in Exodus 21:36 remain highly relevant today. While we may not own oxen, the underlying concepts apply to any property or situation where a known danger exists. This includes:

  • Pet Ownership: Owners are responsible for controlling aggressive pets and preventing them from harming others.
  • Property Maintenance: Landlords or property owners have a duty to address known hazards (e.g., broken steps, faulty wiring) to prevent injury.
  • Professional Responsibility: Professionals are held to a higher standard when their negligence (e.g., a doctor knowing a procedure is risky but not informing the patient, or a mechanic knowing a vehicle is unsafe but releasing it) causes harm.

This verse serves as a timeless reminder of the importance of vigilance, responsibility, and the societal expectation that individuals will take reasonable steps to prevent harm when they are aware of a potential danger, upholding the broader biblical call for justice and righteousness.

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Cross-References

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