Exodus 21:33

33 If a man makes a hole in the earth without covering it up, and an ox or an ass dropping into it comes to its death;

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 If the death of a son or of a daughter has been caused, the punishment is to be in agreement with this rule.

32 If the death of a man-servant or of a woman-servant is caused by the ox, the owner is to give their master thirty shekels of silver, and the ox is to be stoned.

33 If a man makes a hole in the earth without covering it up, and an ox or an ass dropping into it comes to its death;

34 The owner of the hole is responsible; he will have to make payment to their owner, but the dead beast will be his.

35 And if one man's ox does damage to another man's ox, causing its death, then the living ox is to be exchanged for money, and division made of the price of it, and of the price of the dead one.