(1) Overview
(NET) The point that this section of the laws makes is that one must ensure the safety of others by controlling the circumstances.... The point of this section (21:28–36) seems to be that one must ensure the safety of others by controlling one’s property and possessions. This section pertained to neglect with animals, but the message would have applied to similar situations. The people of God were to take heed to ensure the well-being of others, and if there was a problem, it had to be made right.
(2) Equality between man and woman, difference between man and animal
Same penalty applied to violation done to man and woman from 21:1-32. However, if cattle or donkey were killed then there is no death penalty 21:33-36 (c.f. v.29 and 36).
(3) The responsibility of a owner
The owner of an ox was responsible for the damage done by it and the highest penalty included being put to death.
The owner of a pit was responsible to cover it v.33. The owner of livestock was responsible not to have them loose and graze in other's fields or vineyards (under the law of stealing) 22:5. When you started the fire you were responsible for it v.6. The safekeeper was responsible for any loss v.7-13.
21:29 But if the ox had the habit of goring, and its owner was warned, and he did not take the necessary precautions, and then it killed a man or a woman, the ox must be stoned and the man must be put to death.
The owner's responsibilities include: identifying the ox and recording the information when someone warned him about the goring (and perhaps keeping the record), and taking necessary precautions, e.g. limiting the mobility of the ox or keeping it in a certain area.
Negligent is a crime. We are guilty of wrong things that we did and also guilty of not doing the right thing.
Reflection: Do we feel safe because we did not do anything wrong? How about we neglect to do the right thing before God? When we discussed the Gospel with the unsaved friend, he said he is not a sinner because he has never done anything wrong. Someone from our group reminds him, do you do what God has commanded you to do?
Do we neglect any other responsibility in our lives? Your responsibility at work, at home, at your extended family, at church?
(4) Retribution was required to compensate for monetary loss whether you like it or not. When there was such a law, at least, one should consider carefully before you promised to take care of someone else's property.
Audrey
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