OF MUZZLES AND OXEN: DEUTERONOMY 25:4 AND 1 CORINTHIANS 9:9

Journal of the Evangelical Theological Society, Dec 2006 by Verbruggen, Jan L

6 In the Tosefta (B. Mes 8, 11) we read of two such cases. In the first, an Israelite is treading out grain with the ox of a non-Israelite; he is not allowed to muzzle the ox, or it would be a transgression. In the second, a non-Israelite is treading his grain with the ox of an Israelite. If the nonIsraelite muzzles the ox, the Israelite is not culpable for the transgression.

7 The fact that the law is meant here to protect the animal and with the animal the rights of the owner of the animal is illustrated well in the Babylonian Talmud (B. Mes 90b). In this discussion, the Talmud lists a number of other ways that one could devise to prevent the ox from eating the threshed grain: to put a thorn in the animal's mouth; to cause a lion to lie down outside the field in which the ox was threshing and thereby frightening off the animal from eating; or if someone were to spread out a leather cover over the grain to be threshed. The reverse scenario is discussed as well: what if the owner of the ox (who has hired out his animal) lets it go hungry, so that it eats a lot more from the threshed grain? The owner of the grain is allowed to tie a bucket with fodder to the animal. If the owner of the grain does muzzle the ox, he will be flogged and will have to pay the owner of the ox the amount that the animal would normally eat in a day (91a).

8 S. R. Driver mentions two other texts where he sees humaneness toward animals expressed (Deut 22:6-7; Prov 12:10). In Deut 22:6ff the law regulates what you can take when you find a nest with eggs or young birds and the mother; you are not allowed to take all of them. Craigie sees an economic and not a humanitarian reason for this (Deuteronomy 288-89). This is not to say that being humane towards animals was not practiced, but a humane attitude was a natural outcome of any person who listened to God's law. Such a person would have a great deal of respect for God's creation (see Prov 12:10). Von Rad also mentions Deut 22:4 (Deuteronomy 154). This law deals with the care one should take if one sees one's neighbor's donkey or ox fallen down by the way; one should help the animal. Still, I do not think the main aim is the animal, but the care one should extend to the possession of one's neighbor. The reference made to animals in the Sabbath law has more to do with the sanctity of the Sabbath than with being humane to animals and giving them a day of rest. In any case, if both the owner and his servants were to observe the Sabbath, then who was left to work the animals?

9 In Matt 6:26 Jesus states that God feeds the birds. In the parallel text in Luke 12:24, the ravens are specifically mentioned.

10 For example, see "Laws about Rented Oxen 1-4," in Martha T. Roth, Law Collections from Mesopotamia and Asia Minor (Atlanta: Scholars Press, 1995) 40-41.

11 Raymond Brown, The Message of Deuteronomy 240. See also J. G. McConville, Deuteronomy 368-69.

12 The references to the ancient laws are all taken from Martha T. Roth, Law Collections.