C. F. Keil and Franz Delitzsch on Exodus 21:28-30

Exo 21:28-30

The life of man is also protected against injury from cattle (cf. Gen 9:5). “If an ox gore a man or a woman, that they die, the ox shall be stoned, and its flesh shall not be eaten;” because, as the stoning already shows, it was laden with the guilt of murder, and therefore had become unclean (cf. Num 35:33). The master or owner of the ox was innocent, sc., if his ox had not bee known to do so before. But if this were the case, “if his master have been warned (בּבעליו הוּעד, lit., testimony laid against its master), and notwithstanding this he have not kept it in,” then the master was to be put to death, because through his carelessness in keeping the ox he had caused the death, and therefore shared the guilt. As this guilt, however, had not been incurred through an intentional crime, but had arisen simply from carelessness, he was allowed to redeem his forfeited life by the payment of expiation money (כּפר, lit., covering, expiation, cf. Exo 30:12), “according to all that was laid upon him,” sc., by the judge.