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Text -- Exodus 21:28 (NET)

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Context
Laws about Animals
21:28 “If an ox gores a man or a woman so that either dies, then the ox must surely be stoned and its flesh must not be eaten, but the owner of the ox will be acquitted.
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Table of Contents

Word/Phrase Notes
JFB , Clarke , Calvin , TSK

Word/Phrase Notes
Barnes , Poole , Haydock , Gill

Verse Notes / Footnotes
NET Notes , Geneva Bible

Verse Range Notes
TSK Synopsis , MHCC , Matthew Henry , Keil-Delitzsch , Constable , Guzik

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Commentary -- Word/Phrase Notes (per phrase)

JFB: Exo 21:28-36 - -- For the purpose of sanctifying human blood, and representing all injuries affecting life in a serious light, an animal that occasioned death was to be...

For the purpose of sanctifying human blood, and representing all injuries affecting life in a serious light, an animal that occasioned death was to be killed or suffer punishment proportioned to the degree of damage it had caused. Punishments are still inflicted on this principle in Persia and other countries of the East; and among a rude people greater effect is thus produced in inspiring caution, and making them keep noxious animals under restraint, than a penalty imposed on the owners.

Clarke: Exo 21:28 - -- If an ox gore a man - It is more likely that a bull is here intended, as the word signifies both, see Exo 22:1; and the Septuagint translate the ש...

If an ox gore a man - It is more likely that a bull is here intended, as the word signifies both, see Exo 22:1; and the Septuagint translate the שור shor of the original by ταυρος, a bull. Mischief of this kind was provided against by most nations. It appears that the Romans twisted hay about the horns of their dangerous cattle, that people seeing it might shun them; hence that saying of Horace. Sat., lib. i., sat. 4, ver. 34: Faenum habet in cornu, longe fuge . "He has hay on his horns; fly for life!"The laws of the twelve tables ordered, That the owner of the beast should pay for what damages he committed, or deliver him to the person injured. See Clarke’ s note on Exo 22:1

Clarke: Exo 21:28 - -- His flesh shall not be eaten - This served to keep up a due detestation of murder, whether committed by man or beast; and at the same time punished ...

His flesh shall not be eaten - This served to keep up a due detestation of murder, whether committed by man or beast; and at the same time punished the man as far as possible, by the total loss of the beast.

Calvin: Exo 21:28 - -- 28.=== If === an ox gore a man. Moses now descends even to the brute animals, so that, if they injured any one, by their punishment men may be more a...

28.=== If === an ox gore a man. Moses now descends even to the brute animals, so that, if they injured any one, by their punishment men may be more and more deterred from shedding blood. If, therefore, a goring ox have killed a man, he commands that it should be stoned, and that its carcass should be thrown away as abominable. Though censorious persons mock at this law, as if it were childish to punish a wretched animal, in which there is no criminality, their insolence requires but a brief refutation. For, since oxen were created for man’s good, so we need not wonder that their death, as well as their life, should be made to contribute to the public advantage. If, then, an ox that had killed a, man should be kept, men would undoubtedly grow hardened in cruelty by beholding it; and to eat its flesh, would be almost the same thing as eating the flesh of man. The cruelty of men, therefore, could not better be restrained, so that they should hold the murder of each other in abhorrence, than by thus avenging a man’s death. In the second place, God proceeds further, condemning the master of the ox himself to death, if he had been previously admonished to beware; for such a warning takes away the pretext of ignorance; nor should the punishment seem to be severe for gross neglect, because to give free outlet to dangerous beasts is equivalent to compassing men’s death. He who knowingly and willfully exposes the life of his brother to peril, is justly accounted his murderer. The exception which is finally added, at first sight contains a kind of contradiction, because it was forbidden by the Law to compound with a murderer for money. But inasmuch as a delinquency ( delictum) differs from a crime, although it was unlawful to covenant with murderers for the remission of their punishment, still the judges were permitted on their hearing of the case, to mitigate it, if a man were excused by his unconsciousness or inadvertency. This, then, is a special exception, which permits the judges to distinguish between the nature of offenses; viz., that, if they discovered a man not to be worthy of death, they should still punish his negligence by a pecuniary fine.

TSK: Exo 21:28 - -- the ox : Exo 21:32; Gen 9:5, Gen 9:6; Lev 20:15, Lev 20:16

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Commentary -- Word/Phrase Notes (per Verse)

Barnes: Exo 21:28-32 - -- The animal was slain as a tribute to the sanctity of human life (Compare the marginal references and Gen 4:11). It was stoned, and its flesh was tre...

The animal was slain as a tribute to the sanctity of human life (Compare the marginal references and Gen 4:11). It was stoned, and its flesh was treated as carrion. Guilty negligence on the part of its owner was reckoned a capital offence, to be commuted for a fine.

In the case of a slave, the payment was the standard price of a slave, thirty shekels of silver. See Lev 25:44-46; Lev 27:3, and the marginal references for the New Testament application of this fact.

Poole: Exo 21:28 - -- Under which you are to understand any other creatures of like nature which hurt a man in such a dangerous manner, whether with their horns, or teeth...

Under which you are to understand any other creatures of like nature which hurt a man in such a dangerous manner, whether with their horns, or teeth, or feet; but he mentions only the ox or bull, and his goring with his horn, because this is most frequently done.

Ox shall be stoned partly, to prevent future mischiefs from that creature; partly, to punish its master for his negligence in not keeping it in; and principally, for man’ s admonition, for whom seeing the beasts were made, it is not strange nor unjust if it be destroyed for man’ s good. God would hereby show that he would not, and men should not, spare a wilful murderer.

His flesh shall not be eaten both because it was forbidden food, its blood being not let out; and for the punishment of the owner, who was hereby hindered from the sale of it, to beget in all the greater detestation of murderers, when they observe the poor beast upon this account accursed, and therefore not to be touched or tasted.

Haydock: Exo 21:28 - -- Stoned, that he may do no more harm, and that the owner may be punished at least by this loss. (Haydock) --- Sentence was passed by the 23 judges. ...

Stoned, that he may do no more harm, and that the owner may be punished at least by this loss. (Haydock) ---

Sentence was passed by the 23 judges. By the Roman law, the animal which struck a man was forfeited to him (Calmet); and its master had to make good all damages. ( Justinian iv. 9.)

Gill: Exo 21:28 - -- If an ox gore a man or a woman, that they die,.... That are Israelites, of whom only Aben Ezra interprets it; but though they may be principally desig...

If an ox gore a man or a woman, that they die,.... That are Israelites, of whom only Aben Ezra interprets it; but though they may be principally designed, yet not solely; for no doubt if one of another nation was gored to death by the ox of an Israelite, the same penalty would be inflicted, as follows:

then the ox shall be surely stoned; which is but an exemplification of the original law given to Noah and his sons, Gen 9:5, "at the hand of every beast will I require it"; i.e. the blood of the lives of men; which shows the care God takes of them, that even a beast must die that is the means of shedding man's blood:

and his flesh shall not be eaten; it being as an impure beast according to this sentence, as Maimonides l observes; and even though it might have been killed in a regular manner before it was stoned, it was not to be eaten; no, not even by Heathens, nor by dogs might it be eaten, as a dead carcass might by a proselyte of the gate, or a stranger; this might not be given nor sold to him; for, as Aben Ezra observes, all profit of them is here forbidden:

but the owner of the ox shall be quit; from punishment, as the last mentioned writer observes, from suffering death; he shall only suffer the loss of his ox: the Targum of Jonathan is,"he shall be quit from the judgment of slaughter (or condemnation of murder), and also from the price of a servant or maid,''which was thirty shekels, Exo 21:32.

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Commentary -- Verse Notes / Footnotes

NET Notes: Exo 21:28 The text uses סָקוֹל יִסָּקֵל (saqol yissaqel), a Qal infinitive a...

Geneva Bible: Exo 21:28 If an ox gore a man or a woman, that they die: then the ox shall be surely ( t ) stoned, and his flesh shall not be eaten; but the owner of the ox [sh...

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Commentary -- Verse Range Notes

TSK Synopsis: Exo 21:1-36 - --1 Laws for men servants.5 For the servant whose ear is bored.7 For women servants.12 For manslaughter.16 For stealers of men.17 For cursers of parents...

MHCC: Exo 21:22-36 - --The cases here mentioned give rules of justice then, and still in use, for deciding similar matters. We are taught by these laws, that we must be very...

Matthew Henry: Exo 21:22-36 - -- 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-carryin...

Keil-Delitzsch: Exo 21:18-32 - -- Fatal blows and the crimes placed on a par with them are now followed in simple order by the laws relating to bodily injuries . Exo 21:18-19 If i...

Constable: Exo 15:22--Lev 1:1 - --II. THE ADOPTION OF ISRAEL 15:22--40:38 The second major section of Exodus records the events associated with Go...

Constable: Exo 19:1--24:12 - --B. The establishment of the Mosaic Covenant 19:1-24:11 The Lord had liberated Israel from bondage in Egy...

Constable: Exo 20:22--24:1 - --4. The stipulations of the Book of the Covenant 20:22-23:33 Israel's "Bill of Rights" begins her...

Constable: Exo 21:1--23:13 - --The fundamental rights of the Israelites 21:1-23:12 It is very important to note that va...

Constable: Exo 21:18-32 - --Bodily injuries 21:18-32 Moses cited five cases in this section, as was true in the preceding one (vv. 12-17). 21:18-19 The Torah made no distinction ...

Guzik: Exo 21:1-36 - --Exodus 21 - Laws To Direct Judges A. Laws regarding servitude. 1. (1) These are the judgments. "Now these are the judgments which you shall s...

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Introduction / Outline

JFB: Exodus (Book Introduction) EXODUS, a "going forth," derives its name from its being occupied principally with a relation of the departure of the Israelites from Egypt, and the i...

JFB: Exodus (Outline) INCREASE OF THE ISRAELITES. (Exo. 1:1-22) BIRTH AND PRESERVATION OF MOSES. (Exo 2:1-10) there went a man of the house of Levi, &c. Amram was the hus...

TSK: Exodus (Book Introduction) The title of this Book is derived from the Septuagint; in which it is called ΕΞΟΔΟΣ , " Exodus;" or, as it is in the Codex Alexandrinus, Ε...

TSK: Exodus 21 (Chapter Introduction) Overview Exo 21:1, Laws for men servants; Exo 21:5, For the servant whose ear is bored; Exo 21:7, For women servants; Exo 21:12, For manslaughter;...

Poole: Exodus (Book Introduction) SECOND BOOK OF MOSES CALLED EXODUS. THE ARGUMENT. AFTER the death of Joseph, who had sent for his father’ s house into Egypt, the children o...

Poole: Exodus 21 (Chapter Introduction) CHAPTER 21 Law concerning bond-men or slaves, Exo 21:1-5 . Servants bored through the ear, Exo 21:6 . Ordinances for bond-women, Exo 21:7-11 . Of m...

MHCC: Exodus (Book Introduction) The Book of Exodus relates the forming of the children of Israel into a church and a nation. We have hitherto seen true religion shown in domestic lif...

MHCC: Exodus 21 (Chapter Introduction) (Exo 21:1-11) Laws respecting servants. (Exo 21:12-21) Judicial laws. (Exo 21:22-36) Judicial laws.

Matthew Henry: Exodus (Book Introduction) An Exposition, with Practical Observations, of The Second Book of Moses, Called Exodus Moses (the servant of the Lord in writing for him as well as ...

Matthew Henry: Exodus 21 (Chapter Introduction) The laws recorded in this chapter relate to the fifth and sixth commandments; and though they are not accommodated to our constitution, especially ...

Constable: Exodus (Book Introduction) Introduction Title The Hebrew title of this book (we'elleh shemot) originated from the...

Constable: Exodus (Outline) Outline I. The liberation of Israel 1:1-15:21 A. God's preparation of Israel and Moses chs. ...

Constable: Exodus Exodus Bibliography Adams, Dwayne H. "The Building Program that Works (Exodus 25:4--36:7 [31:1-11])." Exegesis ...

Haydock: Exodus (Book Introduction) THE BOOK OF EXODUS. INTRODUCTION. The second Book of Moses is called Exodus from the Greek word Exodos, which signifies going out; becaus...

Gill: Exodus (Book Introduction) INTRODUCTION TO EXODUS This book is called by the Jews Veelleh Shemoth, from the first words with which it begins, and sometimes Sepher Shemoth, an...

Gill: Exodus 21 (Chapter Introduction) INTRODUCTION TO EXODUS 21 In this, and the two following chapters, are delivered various laws and precepts, partly of a moral, and partly of a reli...

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