Exodus 21:33

33 When someone leaves a pit open or digs a pit and doesn't cover it and an ox or a donkey falls into the pit,

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 ox gores a boy or a girl, this same case law applies to the owner.

32 If the ox gores a male or female slave, the owner will pay thirty silver shekels to the slave's owner, and the ox will be stoned to death.

33 When someone leaves a pit open or digs a pit and doesn't cover it and an ox or a donkey falls into the pit,

34 the owner of the pit must make good on the loss. He should pay money to the ox's owner, but he may keep the dead animal.

35 When someone's ox hurts someone else's ox and it dies, then they should sell the live ox and divide its price. They should also divide the dead animal between them.