Exodus 21:35

Context

Exodus 21:35 is part of the extensive civil laws given to Moses on Mount Sinai, following the Ten Commandments. Specifically, it belongs to a section addressing damages involving livestock, particularly oxen. This verse deals with a scenario where one man's ox accidentally kills another man's ox, distinguishing it from the previous laws (Exodus 21:28-32) which address cases where an ox was known to be dangerous ("wont to push with his horn"). The law here provides a framework for resolving disputes and ensuring fair restitution in ancient Israelite society, where livestock was a primary form of wealth and livelihood.

Key Themes

• Proportional Justice and Shared Loss: Unlike the "goring ox" that was known to be dangerous, this law assumes the offending ox was not previously vicious. Therefore, the financial burden of the accident is shared. The live ox is sold, and its value, along with the carcass of the dead ox, is divided equally between both parties. This reflects a nuanced approach to culpability, acknowledging an unforeseen accident rather than clear negligence.
• Restitution and Compensation: The primary aim of this law, like many in the Mosaic code, is to ensure that the injured party receives compensation for their loss. It emphasizes the principle of making amends for damages caused, even if accidental, aligning with the broader biblical emphasis on restoring what was taken or damaged.
• Value of Property and Livelihood: These laws underscore the importance of protecting property, particularly livestock, which was vital for the economic well-being of families in ancient Israel. The elaborate details show the care taken to regulate community life and prevent unchecked financial ruin from accidents.

Linguistic Insights

The Hebrew verb for "hurt" or "gore" is נָגַף (nagaph), which means "to strike," "to smite," or "to wound." In this context, it implies a fatal blow. The detailed prescription for dividing the live ox's proceeds and the dead ox's carcass ("the dead [ox] also they shall divide") highlights the specific legal and economic intent behind this particular case of accidental death, contrasting it with scenarios of known danger or intentional harm. This careful distinction reveals the precision of God's divine justice.

Practical Application

While specific to ancient agricultural society, the principles embedded in Exodus 21:35 remain relevant:

• Responsibility for Damages: It teaches that even in cases of unforeseen accidents, there is a degree of responsibility on the part of the one whose property caused harm. This can be broadly applied to modern concepts of liability and insurance, where even without intent, accountability for outcomes is expected.
• Fairness in Dispute Resolution: The law illustrates a commitment to fair and equitable resolution, ensuring that neither party is completely ruined by an accident. It encourages a balanced approach to justice, where losses are shared when culpability is not clear-cut negligence, fostering community harmony.
• Community Welfare: These laws contribute to the stability and well-being of the community by providing clear guidelines for resolving conflicts and preventing ongoing disputes that could undermine social cohesion. They reflect God's design for an orderly society where His statutes lead to good.