Exodus 21:33

33 `And when a man doth open a pit, or when a man doth dig a pit, and doth not cover it, and an ox or ass hath fallen thither, --

Exodus 21:33 Meaning and Commentary

Exodus 21:33

If a man shall open a pit
That has been dug in time past, and filled up again, or take the covering from it, and leave it uncovered: "or if a man shall dig a pit, and not cover it": a new one, in the street, as the Targum of Jonathan; or in a public place, as Jarchi and Aben Ezra; otherwise a man might dig one for water, in his own fields, in enclosed places, where there was no danger of cattle coming thither, and falling therein:

and an ox or an ass fall therein;
or any other beast, as Jarchi observes; for these are mentioned only as instances, and are put for all others. Maimonides ^F19 says,

``if a man digs a pit in a public place, and an ox or ass fall into it and die, though the pit is full of shorn wool, and the like, the owner of the pit is bound to pay the whole damage; and this pit (he says) must be ten hands deep; if it is less than that, and an ox, or any other beast or fowl fall into it and die, he is free,''

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FOOTNOTES:

F19 Hilchot Niske Maimon. c. 12. sect, 1, 10. so Bartenora in Misn. Bava Kama, c. 1. sect. 1.

Exodus 21:33 In-Context

31 whether it gore a son or gore a daughter, according to this judgment it is done to him.

32 `If the ox gore a man-servant or a handmaid, thirty silver shekels he doth give to their lord, and the ox is stoned.

33 `And when a man doth open a pit, or when a man doth dig a pit, and doth not cover it, and an ox or ass hath fallen thither, --

34 the owner of the pit doth repay, money he doth give back to its owner, and the dead is his.

35 `And when a man's ox doth smite the ox of his neighbour, and it hath died, then they have sold the living ox, and halved its money, and also the dead one they do halve;