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Exodus 21:28 - Ox kills? Owner's responsibility questioned.

Exodus 21:28 - שמות 21:28

Hebrew Text

וְכִי־יִגַּח שׁוֹר אֶת־אִישׁ אוֹ אֶת־אִשָּׁה וָמֵת סָקוֹל יִסָּקֵל הַשּׁוֹר וְלֹא יֵאָכֵל אֶת־בְּשָׂרוֹ וּבַעַל הַשּׁוֹר נָקִי׃

English Translation

If an ox gore a man or a woman, that they die: then the ox shall be surely stoned, and his flesh shall not be eaten; but the owner of the ox shall be acquitted.

Transliteration

Vechi-yigach shor et-ish o et-ishah vamet sakol yisakel hashor velo ye'achel et-bsaro uva'al hashor naki.

Hebrew Leining Text

וְכִֽי־יִגַּ֨ח שׁ֥וֹר אֶת־אִ֛ישׁ א֥וֹ אֶת־אִשָּׁ֖ה וָמֵ֑ת סָק֨וֹל יִסָּקֵ֜ל הַשּׁ֗וֹר וְלֹ֤א יֵאָכֵל֙ אֶת־בְּשָׂר֔וֹ וּבַ֥עַל הַשּׁ֖וֹר נָקִֽי׃
וְכִֽי־יִגַּ֨ח שׁ֥וֹר אֶת־אִ֛ישׁ א֥וֹ אֶת־אִשָּׁ֖ה וָמֵ֑ת סָק֨וֹל יִסָּקֵ֜ל הַשּׁ֗וֹר וְלֹ֤א יֵאָכֵל֙ אֶת־בְּשָׂר֔וֹ וּבַ֥עַל הַשּׁ֖וֹר נָקִֽי׃

🎵 Listen to leining

Parasha Commentary

The Law of the Goring Ox (Shor HaMu'ad)

The verse (Shemot 21:28) presents the halachic framework for an ox that fatally gores a person. This falls under the category of nezekin (damages) in Jewish civil law. The Torah distinguishes between an ox that is tam (not known to gore) and mu'ad (habitually aggressive), with this verse addressing the latter case.

Stoning the Ox and Prohibition of Eating Its Flesh

Rashi explains that the stoning (skilah) of the ox serves as both a punishment and a deterrent, teaching that even animals must be held accountable for taking human life. The prohibition against eating its flesh (lo ye'achel et b'saro) reinforces the severity of the act, as the ox becomes neveilah (carrion unfit for consumption). Rambam (Hilchot Nizkei Mamon 10:1) notes this applies even if the ox was properly slaughtered afterward.

Owner's Exoneration

The phrase uba'al ha'shor naki ("the owner of the ox shall be acquitted") indicates the owner bears no financial liability for a human life. However, the Talmud (Bava Kamma 41b) qualifies this: if the owner was negligent (e.g., failing to restrain a known dangerous ox), he may be liable for monetary compensation. The complete exoneration here applies only to capital punishment.

Moral and Theological Implications

The Midrash (Shemot Rabbah 30:4) connects this law to the sanctity of human life—even an animal must be punished for violating it. The Ramban adds that the stoning mirrors human court executions, demonstrating that all life is under Divine jurisdiction. The owner's acquittal emphasizes personal responsibility: one cannot be punished for another's actions (Devarim 24:16), even an animal's.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Kamma 41a
The verse is discussed in the context of the laws regarding damages caused by an ox, particularly the liability of the owner when the ox gores a person.
📖 Sanhedrin 15b
The verse is referenced in the discussion of the stoning of the ox and the implications for the owner's liability.

Frequently Asked Questions

Q: What does it mean that an ox that kills a person must be stoned?
A: According to Jewish law (Halacha), if an ox kills a person, the ox must be put to death by stoning. This serves as a form of justice and a deterrent, teaching that even animals must be held accountable for taking human life. Rashi explains that this law emphasizes the sanctity of human life and the seriousness of causing death, even unintentionally.
Q: Why can't the meat of the stoned ox be eaten?
A: The Torah prohibits eating the meat of the ox that killed a person to show that its act was so severe that it becomes entirely forbidden (non-kosher). The Rambam (Hilchos Nizkei Mamon 10:4) explains that this reinforces the idea that the ox is being punished for its actions, and no benefit should be derived from it.
Q: Why is the owner of the ox declared innocent in this case?
A: The owner is innocent if the ox had no prior history of goring (a 'tam' ox). The Talmud (Bava Kamma 41a) explains that the owner could not have foreseen the danger, so he bears no responsibility. However, if the ox was known to be violent ('mu'ad'), the owner would be held liable for negligence.
Q: What lesson can we learn from this verse today?
A: This verse teaches the importance of responsibility and accountability. Even if harm is caused unintentionally, there are consequences. Additionally, it highlights the Torah's emphasis on safeguarding human life—preventing foreseeable dangers (like a violent animal) is a moral obligation. The Chofetz Chaim applies this principle to being cautious in all areas of life to avoid harm to others.
Q: Does this law apply to other animals besides oxen?
A: The Talmud (Bava Kamma 15b) discusses whether this law applies to other dangerous animals. While the verse specifically mentions an ox, the principle extends to any animal that kills a person—if it is known to be violent, the owner must take precautions. The Rambam (Hilchos Nizkei Mamon 10:1) rules that the same laws apply to any domesticated animal that causes fatal harm.