Commentary - Exodus 21:35-36

Bird's-eye view

In this brief section of Exodus, we are given a clear illustration of how God's law functions in the real world. This is not abstract jurisprudence; it is case law, designed to teach us the principles of righteousness by applying them to concrete situations, in this case, involving livestock. The modern mind tends to dismiss such passages as agrarian oddities, irrelevant to our urban lives. But to do so is to miss the point entirely. God is teaching us about justice, property, responsibility, and restitution. These principles are timeless because the God who gave them is timeless.

The passage presents two scenarios concerning a goring ox. The first deals with an unexpected incident, a sort of bovine accident. The second addresses a situation where the owner knew his animal was dangerous and did nothing about it. The difference in the required restitution between the two cases reveals a foundational principle of biblical justice: knowledge increases responsibility. This is not simply about compensating a loss; it is about assigning fault and ensuring that justice is done in a way that is both equitable and instructive for the entire community.

Outline

Context In Exodus

These verses are part of what is commonly called the Book of the Covenant (Exodus 20:22-23:33). Immediately after the giving of the Ten Commandments, the moral law which provides the broad principles of righteousness, God provides a series of specific applications. This is how God always works. He gives us the unchangeable standard, and then He shows us what it looks like on the ground. These case laws, or mishpatim, are not meant to be an exhaustive legal code covering every conceivable eventuality. Rather, they are paradigm cases. They provide us with the divine wisdom necessary to adjudicate other, similar cases. We are to derive the principle from the specific instance. The principle here is about responsibility for one's property and making things right when your property damages another's.

Key Issues

Verse by Verse Commentary

35 “And if one man’s ox hurts another’s so that it dies, then they shall sell the live ox and divide its price equally; and also they shall divide the dead ox.

Here we have the first scenario. Notice the straightforward, earthy nature of the problem. This is not a high-flown ethical dilemma for philosophers in their ivory towers. This is a dispute between two farmers. One man's ox has killed his neighbor's ox. The law assumes from the phrasing that this was not a previously known problem. This was an unforeseen event, what we might call an accident. There is loss, but there is no evidence of malicious intent or gross negligence on the part of the owner of the live ox.

What is the solution? It is not punitive, but it is restorative. The live ox, the offending animal, is to be sold. The money from that sale is to be split evenly between the two men. Furthermore, the carcass of the dead ox is also to be divided. The hide, the meat, whatever value could be salvaged from it, was to be shared. The result is that both men share the loss equally. The man who lost his ox is not made whole in the sense that he gets a new ox for free, but neither is he left to bear the entire financial blow himself. The owner of the goring ox also takes a significant financial hit. This is equity. It recognizes that while there was no malice, a loss still occurred, and the burden of that loss should be distributed fairly. It is a beautiful and simple solution that promotes peace and shared responsibility in the community.

36 Or if it is known that the ox was previously in the habit of goring, yet its owner has not confined it, he shall surely pay ox for ox, and the dead animal shall become his.

Now the situation changes dramatically. The key phrase is "if it is known." This introduces the element of foreknowledge, and with it, culpability. This is not an accident. This is negligence. The owner knew his animal was a menace. He had seen it gore before. Perhaps he had been warned by his neighbors. Yet, he did not confine it. He did not take the necessary precautions to protect the property and lives of others. His failure to act makes him responsible for the outcome.

The judgment reflects this increased responsibility. There is no sharing of the loss here. The negligent owner must make full restitution. He must pay "ox for ox." He must replace the animal his ox killed with one of equal value. The loss falls entirely on him, which is exactly where it belongs. And what of the dead animal? It becomes his. He can salvage what he can from the carcass, but the primary burden of the loss is his to bear. This is not just about economics; it is about justice. The law is teaching the man, and the whole community, that you are responsible for the things you own, and that negligence has consequences. This is a far cry from our modern litigious society where we look for someone else to blame for everything. Biblical law places responsibility squarely on the shoulders of the one who failed to act righteously.

Application

The principles embedded in these two verses are profoundly relevant for us today. First, God cares about economic justice. He cares about our property. The eighth commandment, "You shall not steal," establishes the legitimacy of private property. These laws in Exodus show us how to protect and respect that property in the nitty-gritty of daily life. Stealing isn't just taking something; it can also be a negligent failure to prevent loss to your neighbor.

Second, we learn the crucial distinction between an accident and negligence. In God's economy, intent and knowledge matter. While all sin is an offense to God, not all offenses carry the same weight of culpability. A failure to restrain a known danger is a greater sin than being involved in an unforeseen accident. We must apply this wisdom in our own lives, taking responsibility for the known dangers we control, whether it's a dangerous dog, a reckless business practice, or a sharp tongue.

Finally, this passage points us to the gospel. We are all like the negligent owner, but on a cosmic scale. We have known from the law of God written on our hearts and in His Word that our sin is a mortal danger to ourselves and others. Yet we have not confined it. We have let it run rampant. The result is death. Justice demands that we make full restitution, but we are bankrupt. We have no ox to give. We cannot pay. But God, in His mercy, sent His Son. Christ Jesus paid our debt in full. He gave His life for our life. He is the ultimate restitution. And because He has paid our debt, we are now freed and empowered by His Spirit to walk in a new way, to live lives of responsibility, to love our neighbors, and to take care that our "oxen" do no harm.