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Exodus 21:29 - Owner's deadly negligence punished severely

Exodus 21:29 - שמות 21:29

Hebrew Text

וְאִם שׁוֹר נַגָּח הוּא מִתְּמֹל שִׁלְשֹׁם וְהוּעַד בִּבְעָלָיו וְלֹא יִשְׁמְרֶנּוּ וְהֵמִית אִישׁ אוֹ אִשָּׁה הַשּׁוֹר יִסָּקֵל וְגַם־בְּעָלָיו יוּמָת׃

English Translation

But if the ox was wont to gore with his horn in time past, and his owner had been warned, yet he had not kept him in, but it killed a man or a woman; the ox shall be stoned, and its owner also shall be put to death.

Transliteration

Ve'im shor nagach hu mitmol shilshom vehu'ad biv'alav ve'lo yishmerenu vehemit ish o isha hashor yisakel vegam ba'alav yumat.

Hebrew Leining Text

וְאִ֡ם שׁוֹר֩ נַגָּ֨ח ה֜וּא מִתְּמֹ֣ל שִׁלְשֹׁ֗ם וְהוּעַ֤ד בִּבְעָלָיו֙ וְלֹ֣א יִשְׁמְרֶ֔נּוּ וְהֵמִ֥ית אִ֖ישׁ א֣וֹ אִשָּׁ֑ה הַשּׁוֹר֙ יִסָּקֵ֔ל וְגַם־בְּעָלָ֖יו יוּמָֽת׃
וְאִ֡ם שׁוֹר֩ נַגָּ֨ח ה֜וּא מִתְּמֹ֣ל שִׁלְשֹׁ֗ם וְהוּעַ֤ד בִּבְעָלָיו֙ וְלֹ֣א יִשְׁמְרֶ֔נּוּ וְהֵמִ֥ית אִ֖ישׁ א֣וֹ אִשָּׁ֑ה הַשּׁוֹר֙ יִסָּקֵ֔ל וְגַם־בְּעָלָ֖יו יוּמָֽת׃

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Parasha Commentary

Understanding the Verse

The verse (Exodus 21:29) discusses the legal consequences of an ox that has a history of goring (a shor tam becoming a shor mu'ad) and subsequently kills a person. The Torah mandates that the ox be stoned, and the owner is also subject to the death penalty if negligence is proven.

Key Terms and Legal Concepts

  • שׁוֹר נַגָּח (Ox that gores): The ox is classified as a mu'ad (forewarned) if it has gored three times in the past, as derived from the term מִתְּמֹל שִׁלְשֹׁם ("from yesterday and the day before")—interpreted by Chazal (Bava Kamma 23b) to mean three instances.
  • וְהוּעַד בִּבְעָלָיו (And his owner had been warned): The owner must receive a formal warning (hoda'ah) from witnesses, establishing his responsibility to guard the ox (Rashi, Exodus 21:29).
  • וְלֹא יִשְׁמְרֶנּוּ (And he did not guard it): The owner's negligence in restraining the ox makes him liable (Rambam, Hilchot Nizkei Mamon 10:4).

Punishments Explained

הַשּׁוֹר יִסָּקֵל (The ox shall be stoned): The stoning of the ox serves as both a punishment and a deterrent, teaching the severity of causing human death (Sanhedrin 45b). Unlike a shor tam (an ox without a goring history), which only pays half-damages, a mu'ad is fully liable and subject to execution.

וְגַם־בְּעָלָיו יוּמָת (And its owner also shall be put to death): The owner's death penalty is subject to debate. Some hold it refers to death by the hand of Heaven (mitah bidei shamayim), not human courts (Mechilta, Mishpatim 10). Others interpret it as a financial penalty (kofer), payable to the victim's family (Exodus 21:30, as explained by Rashi).

Moral and Halachic Implications

The law emphasizes personal responsibility—an owner must take reasonable precautions to prevent harm. The Talmud (Bava Kamma 41a) derives that one who fails to restrain a known danger is morally culpable. Additionally, the concept of nezek (damages) extends beyond financial liability, teaching the sanctity of human life and the gravity of negligence.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Kamma 23b
The verse is discussed in the context of the laws regarding an ox that gores, particularly focusing on the liability of the owner and the stoning of the ox.
📖 Sanhedrin 15b
The verse is referenced in discussions about the death penalty for the owner of an ox that kills a person, exploring the conditions under which the owner is held responsible.
📖 Makkot 2b
The verse is cited in the context of the laws of stoning and the criteria for applying the death penalty to the owner of a goring ox.

Frequently Asked Questions

Q: What does Exodus 21:29 mean about an ox that gores?
A: Exodus 21:29 discusses the law of a 'shor nagach' (a goring ox). If an ox has a habit of goring in the past and its owner was warned but didn't restrain it, and then it kills a person, the ox must be stoned, and the owner is also held responsible and faces capital punishment. This teaches the importance of taking responsibility for potential dangers under one's control (Rashi, Rambam Hilchot Nizkei Mamon).
Q: Why is the owner punished if the ox kills someone?
A: The Torah holds the owner accountable because they were negligent after being warned about the ox's dangerous behavior. Jewish law emphasizes that one must take reasonable precautions to prevent harm caused by their property (Talmud Bava Kamma 41b, Rambam Hilchot Rotzeach).
Q: What is the significance of stoning the ox in Exodus 21:29?
A: Stoning the ox serves as both a punishment and a public deterrent. It teaches that even an animal causing death must be removed from society, reinforcing the sanctity of human life. The Talmud (Sanhedrin 15b) explains that this law applies only after proper warning and judicial process.
Q: Does this law apply today if an animal kills someone?
A: While the specific punishment of stoning an animal is not practiced today due to the absence of the Sanhedrin (Jewish high court), the principle remains relevant: one must take responsibility for preventing harm from their property. Modern halacha (Jewish law) still holds owners liable for damages caused by negligence (Shulchan Aruch Choshen Mishpat 418).
Q: What lesson can we learn from Exodus 21:29?
A: This verse teaches the ethical responsibility to prevent foreseeable harm. Just as the ox's owner was accountable, we must be proactive in safeguarding others from potential dangers—whether physical, financial, or spiritual (Midrash Mechilta, Rambam Hilchot De'ot).