³⁶ But if it is common knowledge that the ox has frequently done such damage in the past, and its owner has not kept it under control, he will have to give ox for ox; and the dead beast will be his.

³⁶ or, it hath been known that the ox is `one' accustomed to gore heretofore, and its owner doth not watch it, he certainly repayeth ox for ox, and the dead is his.

³⁶ Or if it be known that the ox was wont to gore in time past, and its owner hath not kept it in, he shall surely pay ox for ox, and the dead `beast' shall be his own.