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of totally accidental homicide, such as cutting down trees and hav-
ing the ax fly offand hit someone (Deut. 19:5). In all such cases,
the community has to decide whether the homicide is culpable and
should be given to the blood avenger (Num. 35:22–24).8.2.2 “Giving one’s child to Molech,” that is, child sacrifice, is a
special form of homicide. It is stringently forbidden, punishable both
by death by stoning and by the divine sanction of karet(extirpation
of lineage) (Lev. 20:1–5).8.2.3 Brawling is a special case. Cain, who planned a brawl with
his brother Abel and killed him, is treated as a murderer in the days
before the Flood, when homicide was not yet expiated by the killing
of the murderer (Gen. 4). The wise woman of Tekoa comes before
David as the mother of a man who killed his only brother in a
brawl. She does not want to hand him to the family for blood aveng-
ing and leave herself and her dead husband without posterity, and
David spares him. The fact that the killing was not planned and
happened in a brawl gives David some room for maneuver, and he
decides that extirpation of the lineage was not warranted (2 Sam. 14).8.2.4 Homicide by an ox is another special case, one that demon-
strates the responsibilities of holding an economically necessary but
intrinsically dangerous animal, the sacrosanct nature of human life,
and the issues of indirect homicide. The ox who kills must be stoned
as a murderer (and its flesh cannot be eaten), but the owner of the
ox is free of all other claims, since he could not have foreseen or
prevented the death (Exod. 21:28). If, however, the ox had already
gored and the owner had been warned but failed to guard it and
it then killed a man or woman, the ox is to be stoned and the owner
executed. This rule covers both a criminally negligent owner who
did not try to guard the ox and the one who tried but failed.
Nevertheless, the owner, who did not personally kill anyone, is allowed
to ransom his life, paying whatever is set: Exodus does not indicate
who sets the amount of the ransom (Exod. 21:29–30).8.2.4.1 The goring ox passage states that the same rule applies if
the ox killed a minor son or daughter (Exod. 21:31). Comparison
with Mesopotamian law reveals the significance of this phrase, as
LH 229–30 provides that if a builder did not build a house sufficientlywestbrook_f27-975-1046 8/27/03 1:36 PM Page 1030