Exodus 21:28-36 - Preacher's Complete Homiletical Commentary

Bible Comments

MAIN HOMILETICS OF THE PARAGRAPH.— Exodus 21:28-36

GOD’S REGARD FOR THE SAFETY OF MAN AND BEAST.—Exodus 21:28-36

This is an extension of the principle maintained in the preceding section,—the sanctity of human life. So sacred is it, that it is not merely to be protected from injury or murder, but from accident. And not only human but animal life. Even that must not be sacrificed carelessly. Then—

I. God cares for the safety of man.

1. If an ox injured a man for the first time, the life of the ox only was forfeited (Exodus 21:28). But

2. If the owner of the ox, acquainted with the proved vicious character of his beast, neglected to put him under restraint, and the ox killed his victim as culpably negligent,
(1) the owner was put to death; or
(2) his life commuted for a fine.

II. God cares for the safety of the beast. Other scriptures demonstrate this (Matthew 6:26; &c.).

1. In the case of a beast falling into an unprotected pit (or well), the penalty was adequate remuneration for the loss (Exodus 21:33-34).

2. In the event of an ox exhibiting vicious propensities for the first time, both the ox and its victim were to be sold and the proceeds equally divided; but after its proved viciousness, the owner for culpable carelessness was to bear the entire loss.

None but a superficial mind will deem this legislation trivial. It involves important principles recognised in all civilised codes. The application is, that God’s regard, as expressed in the law, should be man’s as expressed in action. The Jew, in the literal case before us, must put a wall round his pits or wells, or cover them in some way and “keep in” his intractable bulls: the Christian, in practical life, must adopt every precaution necessary for the safety of his neighbour or his neighbour’s property. Hence there are matters about which a man may not simply consult his own interest. God and society demand that we consult the interest of others. Thus selfishness is checked, and provision made for harmony and peace and safety between man and man. The text suggests—

I. That provision for the safety of others should be made. We must not argue that others are able to take care of themselves, and if they walk into danger it is their own fault. No, the Christian law is, “Thou shalt love thy neighbour as thyself.” We may be able to walk amidst the dangers of our own field with impunity, because we are familiar with them, and are armed against them. Our neighbour may not be. Wherefore, “If eating flesh or drinking wine,” &c. “Destroy not thy brother for whom Christ died.”

II. That this provision should be made promptly. We must not argue that it will be time to adopt precautions when we see our neighbour coming. No, Christian life must be regulated by the principle that “prevention is better than cure.” We are not at liberty to wait till the accident has occurred. Life is too short, and too valuable, for such experiments. We save life equally by prevention as by rescue. There may be no conspicuous heroism in taking precautions, but God counts it as very acceptable service. Davy did more for humanity by inventing his simple lamp than he would by daring attempts to rescue hundreds of victims from exploded mines. And so it is better by far to save a man from moral ruin than by indefatigable attempts to save him when ruined.

III. That this provision should be permanent. That accidents are exceptional does not alter the case. Most of the permanent arrangements of life are made to meet exceptional cases. A house is not built for weather, which with us is pretty uniformly mild; but so as to stand the severe stress of occasional torrents and winds. A shipbuilder does not contemplate the fair weather; but the exceptional storm. So our neighbour may be calling, or his ox straying, at any moment. The visit may be uncertain, but the uncertainty is permanent. So should be our means of meeting it. Be prepared, therefore, for accidents, and make sure in case of uncertainties. And depend upon this, he who is careful about his neighbour will be equal to any emergency that may occur respecting himself.

Application—(i.) Beware of injuring your neighbour’s soul by any unguarded inconsistency. (ii.) Beware of injuring your neighbour’s friendship by any unguarded passion. (iii.) Beware of injuring your neighbour’s character by any unguarded word. (iv.) Beware of injuring your neighbour’s peace by any unguarded look or action. (v.) In all matters concerning your neighbour, remember that “Whatsoever ye would that men should do unto you, do ye even so unto them.”

J. W. Burn.

THE PENALTIES OF CARELESSNESS

In a nomadic state of society, great care is required in the management of cattle, if interests are not to clash, if the welfare of the community is to be promoted. Even when the children of Israel reached the Promised Land, there would be still need for caution, and great precision in the laying down of laws. The wise foresight of the legislator is seen in these particular laws with reference to dangerous cattle.

I. Life is superior to property.—The ox that had gored a man to death was to be killed, and put out of the way. His flesh was not to be eaten. The ox is stoned to death; and, legally, it would involve physical uncleanness to eat of the flesh. Is there Old Testament symbolism in this fact? Does the ox symbolise the murderer? Does the Almighty thus in a most significant manner set forth the awfulness of murder? This, however, may be safely inferred, that property should ever be subordinate to life. What a pity that this noble principle of the Mosaic code is not more fully carried out in modern days! We rightly slaughter cattle to prevent the spread of disease; but the farmer would object to have an ox slaughtered because it had unfortunately gored a man to death. There is still at work in modern society the influence of this mistaken principle,—the omnipotence of property. We need to learn the preciousness of human life.

II. The careless man is culpable.—If the animal had been known to gore; if this fact had been testified to the owner, and proper precautions had not been taken, then the owner was in some measure participant in the evil doings of the vicious creature. Carelessness is culpable. He that knoweth to do good, and doeth it not, to him it is sin. To prevent evil by wise precaution is our bounden duty, and is an indirect method of doing good. There are degrees of carelessness, and degrees of guilt. The man may so conduct himself as to declare that he rather rejoiced in the ox’s murderous tendency; and, if so, the man must not only have his ox killed, but he himself is to be put to death. But there may be mitigating circumstances about the owner’s conduct. The sufferers may take a lenient view of the transaction. Then the owner of the ox shall give a proper ransom for the life which has been forfeited, whether son or daughter. But if it be a manservant or a maidservant that is killed, then thirty shekels of silver shall be given to the master; which was probably the usual market price of a slave. All life is precious; but it seems to be indicated that some lives are more precious than others. Thirty shekels is a high price for some; but a hundred shekels would be a low price for others. After death has visited, then estimates nearer the truth of a man’s worth will be formed.

III. Man is responsible for preventable evil.—If into the uncovered pit an ox or an ass fall, the owner of the pit shall make good the damage. He shall pay the price of the animal so killed; and receive the dead beast, of which he could only use the skin, and other such parts. The flesh was unclean. If we leave a pit uncovered we must take the consequences. Will the Almighty hold us responsible for the moral pits we have left uncovered? We have not placed precautionary signals in sufficient number along those highways where moral pits and quagmires abound.

IV. Community of interest.—In the Jewish polity men were not to be allowed to consider their own interests as paramount. They were to consider the welfare of others. The man, whose ox had killed the ox of another, was in a measure responsible for the loss occasioned. The goring ox was to be sold, and thus removed out of the sight of those to whom it had rendered itself obnoxious And the money got for the living ox was to be divided; and the dead ox also they shall divide. It is likely that the dead ox had gored. But if the ox had been known to gore aforetime, then the owner must pay ox for ox; and the dead shall be his own. The master must be watchful over the very cattle that he owns. He must have respect to the welfare of his neighbour. Let us feel that we have interests in common. The prosperity of one is the prosperity of all in a degree. In the long run there can be no individual interests separate from the interests of the whole community. Selfishness is self-defeating and suicidal. If there cannot be community of goods, there must always be community of interests—W. Burrows, B.A.

ILLUSTRATIONS

BY
REV. WILLIAM ADAMSON

Pitfalls! Exodus 21:33-34. Evils are wrought by want of thought, as well as by want of heart. Bare want of thought is censured as sinful. There is a selfish and heedless disregard of the rights and personal safety of others. But there are moral as well as material pits. The gin-palace keeper should be compelled to write up, “An open pit here.” Keepers of haunts of vice should be forced to have for their sign the opinion of the wise man in the Book of Proverbs—“The Way to the Pit.”

“Our dangers and delights are near allies;
From the same stem the rose and prickle rise.”

Daniel.

Exodus 21:28-36

28 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 quit.

29 But if the ox were wont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman; the ox shall be stoned, and his owner also shall be put to death.

30 If there be laid on him a sum of money, then he shall give for the ransom of his life whatsoever is laid upon him.

31 Whether he have gored a son, or have gored a daughter, according to this judgment shall it be done unto him.

32 If the ox shall push a manservant or a maidservant; he shall give unto their master thirty shekels of silver, and the ox shall be stoned.

33 And if a man shall open a pit, or if a man shall dig a pit, and not cover it, and an ox or an ass fall therein;

34 The owner of the pit shall make it good, and give money unto the owner of them; and the dead beast shall be his.

35 And if one man's ox hurt another's, that he die; then they shall sell the live ox, and divide the money of it; and the dead ox also they shall divide.

36 Or if it be known that the ox hath used to push in time past, and his owner hath not kept him in; he shall surely pay ox for ox; and the dead shall be his own.