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.
Today’s verses consider a situation where a person was killed, but there was even less culpability than in the case of manslaughter. What if a man did not directly cause the death of another, but an ox under his possession did? This matter takes us to the very limits of homicidal responsibility.
God’s solution depends on whether the ox already had a reputation for goring other things or not. If the ox had never been known to attack other animals, then the creature would be killed and its flesh wasted. The owner would gain no benefit, he would simply be out the value of the creature.
If, however, the ox had been known to gore other creatures, and the owner neither put the animal down nor provided adequate protection from it, and the creature killed another person, then the ox would again be put to death, but now the man would be consigned to death also. However, this is the one instance of the death penalty where a ransom price could also be put on the life of the owner, and if the owner paid that ransom he could go free.
We have therefore seen four levels of homicidal culpability, with fitting punishments for each.
- Direct, intentional homicide: death penalty.
- A violent scuffle that escalated into unintended manslaughter: death penalty, unless the man abandons his home and goes to a city of refuge.
- Accidental death via an animal that the owner knew was dangerous: loss of the animal and a ransom to be paid, or else the death penalty.
- Accidental death via an animal that the owner did not know was dangerous: loss of the animal.
The Lord showed Himself to be well aware of all the nuances and complexities of human life, how the same unlawful outcome might require different punishments based on the varying contexts. In this we see how He did not judge man by the outer appearances, but by the heart (1 Samuel 16:7).