Exodus 21:29

Exo 21:29 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.

Ver. 29. That he hath killed a man, &c.] Since the fall, all creatures are armed against us; as that sword which Hector gave Ajax: which so long as he used against men, his enemies, served for help and defence: but after he began to abuse it to the hurt of hurtless beasts, it turned into his own bowels.

John Trapp, A Commentary or Exposition upon All the Books of the Old and New Testament (1647–1656) — public domain. Text from a community e-Sword module.

Or, testified to his.

Geneva Bible (1599) marginal notes — public domain. Text via Bolls.life.

(29) His owner also shall be put to death.—It seems clear that under this law the representatives of the slain person might have exacted life for life; but probably they would in almost all cases have been ready to accept a compensation.

A Bible Commentary for English Readers, edited by Charles John Ellicott (1878–1897) — public domain. Text from a community e-Sword module.

29. If, however, the owner of the animal had been warned that it was vicious, and had taken no precautions to keep it in, he is held responsible, if it kills any one, and must suffer the penalty of death himself.

The Cambridge Bible for Schools and Colleges (gen. ed. J. J. S. Perowne; Cambridge University Press, 1878–1918) — public domain. Text from a community e-Sword module.

But if the ox were wont to push with his horns in time past,.... Or "from or before yesterday, to the third" (m) that is, three days before, and had made three pushes, as Jarchi explains it:

and it hath been testified to his owner; by sufficient witnesses, who saw him push at people for three days past: the Targum of Jonathan is,"and it hath been testified to the face of his owner three days.''Concerning this testimony Maimonides (n) thus writes,"this is a testification, all that testify of it three days; but if he pushes, or bites, or kicks, or strikes even an hundred times on one day, this is no testification (not a sufficient one): three companies of witnesses testify of it in one day, lo, this is a doubt, whether it is a (proper) testimony or not; there is no testification but before the owner, and before the sanhedrim:"

and he hath not kept him in; in some enclosed place, house or field, not frequented by people, and where there was no danger of doing any hurt, if this care was not taken, after a proper testimony had been given of his vicious disposition. By the Roman laws (o) oxen that pushed with their horns were to have hay bound about them, that those that met them might beware of them; hence that of Horace (p): but that he hath killed a man or a woman; by pushing and goring them with his horns, or any other way, as biting or kicking:

the ox shall be stoned; as is provided for the preceding law:

and his owner shall be put to death; since he was accessory to the death of the person killed, not keeping in his beast, when he had sufficient notice of his vicious temper: the Targum of Jonathan, and so other Jewish writers, interpret this of death sent upon him from heaven, or death by the immediate hand of God, as sudden death, or death by some disease inflicted, or before a man is fifty years of age; but there is no doubt to be made but this intends death by the civil magistrate, according to the original law, Gen 9:6.

(m) "ab heri et nudiustertius", Pagninus, Montanus, Vatablus, Piscator, Drusius. (n) Hilchot Niske Mammon, c. 6. sect. 1, 2. (o) Plutarch. in Crasso. (p) "Foenum habet in cornu, longe fuge". Horat. Sermon. l. 1. Satyr. 4.

John Gill's Exposition of the Whole Bible (1746–1763) — public domain (CC PDM 1.0). Text via the HelloAO Bible API.

It hath been testified, which the Jews say was to be done thrice, and before the magistrate.

A man or a woman, to wit, an Israelite, or a stranger who is free, by comparing this with Exo 21:32.

Matthew Poole's English Annotations on the Holy Bible (1683–1685) — public domain. Text from a community e-Sword/MySword module.

If the ox were wont to push with his horns. If he were notoriously, and to his owner"s knowledge, a dangerous animal, which required watching, and no watch was kept on him, then the owner became blame-able, and having by his neglect contributed to a homicide, was "guilty of death."

The Pulpit Commentary (1880–1919), ed. H.D.M. Spence-Jones & Joseph S. Exell — public domain. Text from a community e-Sword module.

מתמל שלשם [BUT IF THE OX HAS BEEN WONT TO THRUST] YESTERDAY AND BEFORE YESTERDAY — Here you have including the present occasion the three times an ox must gore before it can be declared a מועד (Bava Kamma 23b).‎

והועד בבעליו AND IT HATH BEEN TESTIFIED TO HIS OWNER — הועד (from the root עוד) is an expression for warning through witnesses (Bava Kamma 24a), as in, (Genesis 43:3) “the man hath solemnly forewarned (הָעֵד הַעִד) us”.

והמית איש וגו׳ BUT HE HATH PUT TO DEATH A MAN [OR WOMAN] — Since it states, (v. 28) “If an ox gore (יגח) [a man or a woman, that he die]” I might say that I have only the law dealing with the case that it kills by pushing him with the horn (the root נגח being mainly used of thrusting with the horn, cf. e.g., Deuteronomy 33:17) but whence can the law be derived that it applies also to the case where it kills by biting, thrusting, or kicking? Scripture therefore states “he hath put to death [a man or a woman]” thus intimating that so long as death is caused by the animal it is liable to stoning.

וגם בעליו יומת AND HIS OWNER ALSO SHALL BE PUT TO DEATH by a visitation of God. You might perhaps think he shall be punished by human agency (the judges)! Scripture, however, states, (Numbers 35:21) “he that smote him (a human being) shall surely be put to death; for he is a murderer” — the force of these last words is to intimate that for a murder committed by himself you shall put him to death (i. e. he suffers death by human agency as is the law regarding a murderer), but you shall not put him to death on account of a murder committed by his ox; this must be left to God (Sanhedrin 15b; cf. also Mekhilta).

Rashi on the Tanakh — English translations: “The Judaica Press complete Tanach with Rashi, translated by A. J. Rosenberg” (CC BY 4.0); “Pentateuch with Rashi's commentary by M. Rosenbaum and A.M. Silbermann, 1929-1934” (public domain); “The Metsudah Tanach series, Lakewood, N.J” (CC BY 4.0); and “The Book of Joshua, Metsudah Publications, 1997” (CC BY 4.0). Text via Sefaria.

AND ITS OWNER SHALL BE PUT TO DEATH. Our Rabbis have received by Tradition that this death means by the hand of Heaven. Similar cases are these verses: and the common man that draweth nigh shall be put to death; and they die therein, if they profane it. I have noticed that where the Torah speaks of those liable to be put to death by the court, it does not mention just yumoth (he shall be put to death), but always says, moth yumoth (he shall surely be put to death). Do not object to this rule from the verse, and he that killeth a man ‘yumoth’ (shall be put to death),! or from the verse about the Sabbath, (further 35:2), and his punishment is death by the court! or a prophet who misleads, (Deuteronomy 13:6), and there too his punishment is by the court (Sanhedrin 84 a). for in each of these cases He has already clearly explained elsewhere about them [that they are liable to death by the court, by using the phrase: moth yumoth]..Now I do not know the reason for Onkelos’ rendering yumoth as yithk’teil [“he shall be killed”, which indicates that his death is to be by the court, instead of by the hand of Heaven]. Perhaps his intention is to state that the owner, [who had been previously warned that his ox had gored three times, but still did not guard it, so that it went out and killed a man or woman], deserves to be put to death, but is instead made liable to the payment of a ransom. Or perhaps Onkelos means to explain that that which Scripture states, and its owner also shall be put to death means that the owner will perish in a similar manner to that by which the gored person was killed, for his day shall come to die, or he shall go down into battle, and be swept away; the Eternal will not hold him guiltless. Thus Onkelos wanted to teach us that the owner of the ox is liable, according to the view of Heaven, to die by the hand of a killer, and not by a natural death, something like it is said, and I will kill you with the sword. In the verse, and the common man that draweth nigh shall be put to death, Onkelos also translated yumoth as yithk’teil [“he shall be killed,” indicating that his death is to be by the court], because he agrees with the opinion of Rabbi Akiba who said that a non-priest who performed the Divine service in the Sanctuary is put to death by strangulation.

Ramban (Nachmanides) on the Tanakh — English translation: “Commentary on the Torah by Ramban (Nachmanides). Translated and annotated by Charles B. Chavel. New York, Shilo Pub. House, 1971-1976” (CC BY 4.0). Text via Sefaria.

And the owner shall also die. He incurs death at the hands of heaven when there are no witnesses to impose upon him the atonement fine.

Sforno on the Tanakh — English translation: “Yalkut, Sifsei Chachomim Chumash, Metsudah Publications, 2009” (CC BY 4.0). Text via Sefaria.