Commentary on Harmony of the Law Volume 2 Complete John Calvin
HARMONY OF THE LAW · VOLUME 2
God proceeds further, condemning the master of the ox himself to death, if he had been previously admonished to beware; for such a warning takes away the pretext of ignorance; nor should the punishment seem to be severe for gross neglect, because to give free outlet to dangerous beasts is equivalent to compassing men's death. He who knowingly and willfully exposes the life of his brother to peril, is justly accounted his murderer. The exception which is finally added, at first sight contains a kind of contradiction, because it was forbidden by the Law to compound with a murderer for money. But inasmuch as a delinquency (delictum) differs from a crime, although it was unlawful to covenant with murderers for the remission of their punishment, still the judges were permitted on their hearing of the case, to mitigate it, if a man were excused by his unconsciousness or inadvertency. This, then, is a special exception, which permits the judges to distinguish between the nature of offenses; viz., that, if they discovered a man not to be worthy of death, they should still punish his negligence by a pecuniary fine.
31. Whether he have gored a son. I know not whether they are correct who refer this to age, as if any young persons of either sex were meant by the words son and daughter; but I do not reject this opinion. Still Moses seems to extend the law, as if, in case a butting ox had killed its owner's son, the father himself should be subject to the punishment, for not having taken more care of his children. It might, however, be doubted, whether it would be just to condemn to death a father already weighed down by the loss of his child; still it affords a useful example, that parents should not escape with impunity, if their sons or daughters should die by their fault.
32. If the ox shall push a man-servant. It is not unreasonable that the punishment for the death of a slave should now be set at less than for that of a free-man. As regarded the crime of voluntary murder, there was no distinction between slaves and masters; but in a case of mischance (delicto) the severity might in some degree be mitigated; especially when the stoning of the ox sufficiently availed for bringing murder into detestation. God, therefore, showed admirable moderation in condemning the negligence of the master to be punished by the payment of thirty shekels; whilst He proposed the ox as an example, and reminded all by its death, how very precious in His sight is human blood.
Deuteronomy 17:6; 19:15
Deuteronomy 17
Deuteronomy 17:6