Commandments · Positive commandments

To judge cases involving damage caused by a goring ox

#385 Positive commandment Exodus 21:28

The cited verse

The Hebrew (Masoretic Text)

וְכִי־יִגַּח שׁוֹר אֶת־אִישׁ אוֹ אֶת־אִשָּׁה וָמֵת סָקוֹל יִסָּקֵל הַשּׁוֹר

In Maimonides’ words

How Maimonides defines this commandment in his Sefer HaMitzvot — his own words, shown as a primary source.

היא שצונו לדון בדיני השור. והוא אמרו יתעלה וכי יגח שור וכי יגוף שור. וכבר התבאר דין זה בששה פרקים הראשונים מקמא. (ואלה המשפטים, נזקי ממון פ"א):

That is that He commanded us to administer the laws of the ox [that causes damage]. And that is His, may He be exalted, saying, "And when an ox gores" (Exodus 21:28); and "And when an ox injures" (Exodus 21:35). And this law has already been explained in the first six chapters of [Bava] Kamma. (See Parashat Mishpatim; Mishneh Torah, Damages to Property 1.)

Hebrew: Sefer HaMitzvot, Warsaw 1883 (public domain). English: Sefaria Edition, trans. Rabbi Francis Nataf, 2021 (CC0). Via Sefaria; translator’s footnotes omitted.

Literary form: a case law — "if X, then Y"

Applicability

How the catalog describes where and when this commandment applies. These are independent descriptions, not a verdict on which laws still count.

No applicability flags are recorded for this commandment.

Classical halakhic consequences

The consequences the classical halakhah attaches to this commandment, grouped by who imposes them. Where a category has none recorded, that absence is itself meaningful.

Imposed by a court

  • A monetary penalty

At the hands of Heaven

No divinely-imposed consequence is recorded.

Ritual remedy

  • Restitution (tashlumin)

How the streams of Judaism treat this commandment

The streams of Judaism read the same commandment differently — an ongoing plurality, not a ranking. Each position below is reported as the catalog records it; none is presented as the correct one.

  • Orthodox Binding, with modification
  • Conservative Kept as an ethical principle
  • Reform Kept as an ethical principle
  • Reconstructionist Kept as an ethical principle
  • Karaite Binding

24 of 613 commandments have been examined in depth so far — this one is queued.

How later traditions received this commandment

How later traditions read or reworked this commandment, each attributed to its own voice. The catalog’s own classification of each reception is shown as it records it, never adopted as GEBible’s.

Philo of Alexandria

  • De Specialibus Legibus 3.144-146 rationalized it

Josephus

  • Ant. 4.281 reinterpreted it

Beside the older legal codes of its world

The commandment set beside the ancient Near-Eastern legal collections scholars compare it to — a descriptive comparison, not a claim of dependence.

  • laws of eshnunna graduated liability for goring ox (known vs. unknown danger) Relationship to the parallel: parallel with divergence §§54-55 Roth, Law Collections 2nd ed. (1997)
  • code of hammurabi monetary penalty for death by known goring ox; no liability if ox not previously dangerous Relationship to the parallel: parallel with divergence §§250-252 Roth, Law Collections 2nd ed. (1997)

Where this commandment meets modern human-rights frameworks

One modern normative lens, attributed to it — not GEBible’s assessment. Each row names the framework it measures against and the catalog’s own classification of the relation.

This framework catalogues tensions; it records agreement in only one of its entries. The near-total tension rate is the shape of the instrument, not a finding.

No tension with the catalogued modern frameworks is recorded here.

Source & licence

The commentary, cross-references, reception, and modern-conflict analysis in this section are drawn from a public compilation of the 613 commandments, licensed under CC BY-SA 4.0. The cited biblical text is rendered from GEBible’s own public-domain reading corpus. CC BY-SA 4.0 (opens in a new tab). GEBible’s presentation of this material is offered under the same CC BY-SA 4.0 terms.