Whether he have gored a son, or have gored a daughter, according to this judgment shall it be done to him.
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EXPOSITORY (ENGLISH BIBLE)Genesis 4:11). It was stoned, and its flesh was treated as carrion. Guilty negligence on the part of its owner was reckoned a capital offence, to be commuted for a fine.
In the case of a slave, the payment was the standard price of a slave, thirty shekels of silver. See Leviticus 25:44-46; Leviticus 27:3, and the marginal references for the New Testament application of this fact.A son or a daughter; names signifying their tender age, in respect of the man or woman, Exodus 21:29. And this is added, lest the foregoing sense should be restrained to their parents, whose lives were more precious, and therefore their loss greater. Exodus 21:29 persons grown up; and lest it should be thought that only adult persons were intended, this is added, to show that the same regard is had to little ones as to grown persons, should they suffer by an ox in like manner as men and women may. The Targum of Jonathan restrains this to a son or daughter of an Israelite; but the life of everyone, of whatsoever nation, is equally provided for, and guarded against by the original law of God:
according to this judgment shall it be done unto him; to the owner of the ox that has gored a child, male or female; that is, he shall be put to death, if he has been warned of the practice of his ox for three days past, and has took no care to keep him in; or he shall pay the ransom of his life, as it has been laid by the court, with the consent of the relations of the children.Whether he have gored a son, or have gored a daughter, according to this judgment shall it be done unto him.
EXEGETICAL (ORIGINAL LANGUAGES)31. The same law is to hold good, if the person who has been killed is (as we should say) a minor, of either sex.
this judgement] The decision embodied in the preceding laws (vv. 28–30). Cf. on v. 1.Verse 31. - Whether he have gored a son or a daughter. If the sufferer were a child, the value of the life, and therefore the amount of the fine, would be less.
(Note: The words ילדיה ויצאוּ are rendered by the lxx καὶ ἐξέλθη τὸ παιδίον αὐτῆς μὴ ἐξεικονισμένον and the corresponding clause יהיה אסון ואם by ἐὰν δὲ ἐξεικονισμένον ᾖ; consequently the translators have understood the words as meaning that the fruit, the premature birth of which was caused by the blow, if not yet developed into a human form, was not to be regarded as in any sense a human being, so that the giver of the blow was only required to pay a pecuniary compensation, - as Philo expresses it, "on account of the injury done to the woman, and because he prevented nature, which forms and shapes a man into the most beautiful being, from bringing him forth alive." But the arbitrary character of this explanation is apparent at once; for ילד only denotes a child, as a fully developed human being, and not the fruit of the womb before it has assumed a human form. In a manner no less arbitrary אסון has been rendered by Onkelos and the Rabbins מותא, death, and the clause is made to refer to the death of the mother alone, in opposition to the penal sentence in Exodus 21:23, Exodus 21:24, which not only demands life for life, but eye for eye, etc., and therefore presupposes not death alone, but injury done to particular members. The omission of להּ, also, apparently renders it impracticable to refer the words to injury done to the woman alone.)
a pecuniary compensation was to be paid, such as the husband of the woman laid upon him, and he was to give it בּפללים by (by an appeal to) arbitrators. A fine is imposed, because even if no injury had been done to the woman and the fruit of her womb, such a blow might have endangered life. (For יצא roF( to go out of the womb, see Genesis 25:25-26.) The plural ילדיה is employed for the purpose of speaking indefinitely, because there might possibly be more than one child in the womb. "But if injury occur (to the mother or the child), thou shalt give soul for soul, eye for eye,...wound for wound:" thus perfect retribution was to be made.
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