Commentary - Exodus 21:28-32

Bird's-eye view

We are in the Book of the Covenant, that section of Exodus where God lays down the case laws that are to govern Israel. These are not abstract principles floating in the ether; they are grounded, earthy, and intensely practical. They are applications of the Ten Commandments to the nitty-gritty of life in a covenant community. This particular section deals with what we might call gross negligence, and it establishes a foundational principle of biblical justice: responsibility. God is a God of order, and He requires His people to live in such a way that reflects His character. This means taking responsibility for what is yours, whether it be your children, your servants, or your livestock. The principles here are not dusty relics; they are as relevant as this morning's news, because they deal with the unchanging value of human life, made in the image of God, and the obligations that come with ownership.

The passage presents a series of cascading scenarios involving a goring ox. It moves from a situation of no prior fault to one of criminal negligence. In doing so, it teaches us about degrees of culpability, the sanctity of life, the nature of restitution, and the fundamental fairness of God's law. This is not about animal control regulations. It is about how a society that fears God must value what He values, and the chief thing He values in His earthly creation is mankind. The law here protects the image of God from carelessness and disregard. And as with all Old Testament law, it ultimately points us to our need for a Redeemer who deals with our ultimate culpability before a holy God.

Outline

Context In Exodus

Immediately following the giving of the Ten Commandments in chapter 20, God provides Moses with a series of "judgments" or "ordinances." This is the case law that flows directly from the moral law. The Ten Words are the mountain peaks, and these subsequent laws are the streams that flow down into the valleys of everyday life. We are not to see a disconnect here. The command "You shall not murder" (Ex. 20:13) is the foundation for the laws we find in our text. God is showing Israel what it looks like, practically, to build a society that respects and protects human life.

This section is intensely practical. It deals with slaves, personal injury, property, and restitution. It is designed to create a just and stable society where people can flourish. The law is a gift of grace; it is God telling His redeemed people how they are to live with one another. He brought them out of the house of bondage, and now He is teaching them how to live in liberty, a liberty that is structured by law, not a chaotic free-for-all.

Verse by Verse Commentary

28 “And if an ox gores a man or a woman to death, the ox shall surely be stoned and its flesh shall not be eaten; but the owner of the ox shall go unpunished.

The scenario is straightforward. An ox, a common and powerful domestic animal, kills a person. The first thing to notice is what happens to the ox. It is to be stoned. This is significant. The animal is treated as though it were a murderer. Why? Because it has shed human blood. Even though an animal does not have moral culpability in the way a human does, the act itself is so grievous that the instrument of death must be destroyed. This upholds the sanctity of human life, created in God's image (Gen. 9:5-6). Blood has been shed, and the land must be cleansed. The principle is that life is sacred, and its violent taking requires a response.

Furthermore, its flesh is not to be eaten. This is not a health regulation. It sets the animal apart as cursed. It is not to provide any benefit to the community it has harmed. It is unclean, a thing devoted to destruction. This would have been a significant economic loss, but one that was necessary to impress upon the people the supreme value of a human being over a piece of property. Then we have the owner. In this first instance, he is "unpunished" or "clear." Why? Because there was no prior indication that his animal was dangerous. This is an accident, a tragedy, but not a crime on the owner's part. The law distinguishes between accident and negligence, which is a mark of true justice.

29 If, however, an ox was previously in the habit of goring and its owner has been warned, yet he does not confine it and it puts a man or a woman to death, the ox shall be stoned and its owner also shall be put to death.

Now the situation changes dramatically. The variable introduced is knowledge. This ox had a track record, a "habit of goring." Not only that, but the owner had been formally "warned." This is not a case of a farmer being surprised by a freak incident. This is a case of a man who knows he owns a dangerous weapon, has been told about it, and has done nothing to restrain it. His inaction, his negligence, makes him complicit in the death that follows. He did not "confine it."

The consequence for the ox is the same: it is stoned. But now, the owner is brought into the judgment. He "also shall be put to death." This is a stark and severe penalty. It elevates the owner's negligence to the level of homicide. He did not gore the person with his own hands, but his failure to restrain a known danger makes him responsible for the death. He is a negligent killer. This principle is potent. It tells us that we are responsible for the dangers we control. If you have a goring ox in your care, whether it is a literal animal, a dangerous employee, or a known predator in your church, and you are warned, you are responsible for what happens next. To fail to act is to become a party to the crime.

30 If a ransom is demanded of him, then he shall give for the redemption of his life whatever is demanded of him.

Here we see the wisdom and mercy of God's law. While the owner is liable to the death penalty, a provision is made. A "ransom" can be laid on him. The word for redemption here is crucial; it is the price paid to buy something back. In this case, the man is buying back his own life, which he has forfeited through his negligence. The victim's family, or the elders of the city acting as judges, would determine the amount. This is not a get-out-of-jail-free card. The ransom would have been substantial, likely crippling, a sum that reflected the value of the life that was lost. It is a form of restitution, but it is more than that. It is a substitute. The payment stands in the place of his life.

This points us beautifully to the gospel. We are all guilty before God, not just of negligence, but of high-handed rebellion. The penalty for our sin is death (Rom. 6:23). But God, in His mercy, has provided a ransom. The Lord Jesus Christ gave His life as "a ransom for many" (Mark 10:45). The price was not silver or gold, but His own precious blood. He redeems our lives from the pit, paying the price we could never pay.

31 Whether it gores a son or a daughter, it shall be done to him according to the same judgment.

This verse is a simple but profound statement of equality before the law. The principle of justice applies regardless of the age or sex of the victim. A son's life is not valued more than a daughter's. The life of a child is as precious as the life of an adult. Ancient cultures often had different standards of justice depending on the status of the victim. But God's law is impartial. The image of God is present in the boy and the girl, the man and the woman. This is a foundational principle for any just society. Justice is not to be swayed by sentiment or status. The standard is God's standard, and it applies to all His image-bearers equally.

32 If the ox gores a male or female slave, the owner shall give his or her master thirty shekels of silver, and the ox shall be stoned.

Now the law addresses the case of a slave. Some modern readers stumble here, seeing this as a devaluation of the slave's life. But we must read it within its context and in light of the whole counsel of God. First, notice that the ox is still stoned. The shedding of this human being's blood still requires the death of the animal. The sanctity of life principle is upheld. The slave is recognized as a human being whose death pollutes the land.

The difference is in the restitution. Instead of a negotiated ransom for the negligent owner's life, a fixed price of thirty shekels of silver is paid to the slave's master. This was a significant sum, the value of a healthy adult servant in their prime. Why the difference? The law is dealing with a situation that involves both a loss of life and a loss of property (in the civil structure of that day). The thirty shekels is a specific restitution payment to the master for his economic loss. It does not mean the slave's life was only worth thirty shekels. It establishes a clear, fixed penalty for this specific kind of negligent homicide. And we cannot miss the prophetic overtone. This is the very price that was paid for our Lord Jesus, the servant who was betrayed into the hands of sinners (Zech. 11:12-13; Matt. 26:15). The price of a slave becomes the price of our redemption, as Christ took upon Himself the form of a servant to purchase our freedom.

Application

The principles derived from the case of the goring ox are not confined to agrarian societies. They are perennial. First, we learn that God takes the sanctity of human life with utmost seriousness. Every human being is an image-bearer, and to be careless with human life is a grave offense against the Creator. This has direct application to how we think about everything from workplace safety standards to abortion. To be pro-life is to be in line with this deep-seated biblical principle.

Second, we learn about responsibility. We are responsible for that which is under our authority. If we know of a danger and do nothing to mitigate it, we become culpable for the damage it causes. A father is responsible for the state of his household. A pastor is responsible for the wolves he knows are prowling near the flock. A magistrate is responsible for the criminals he fails to restrain. Negligence is not a small thing in God's eyes; it can be a capital crime.

Finally, this passage shows us the nature of justice, restitution, and ransom. Our sin is a kind of ultimate negligence. We have been warned, we know the danger, and yet we have not confined the sin that dwells within us. We are therefore liable to the death penalty. But God has not left us without hope. He has provided a ransom. He sent His Son, in the likeness of sinful flesh, to be condemned in our place. Christ paid the price, the thirty pieces of silver and infinitely more, to redeem our lives from the pit. The law shows us our guilt, but it also, in its patterns of ransom and redemption, points us to the glorious gospel of our salvation.