Exodus 21:33

33 "If someone removes the cover from a cistern or digs one and fails to cover it, and an ox or donkey falls in,

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 son or daughter, the same rule applies.

32 If the ox gores a male or female slave, its owner must give their master twelve ounces of silver; and the ox is to be stoned to death.

33 "If someone removes the cover from a cistern or digs one and fails to cover it, and an ox or donkey falls in,

34 the owner of the cistern must make good the loss by compensating the animal's owner; but the dead animal will be his.

35 "If one person's ox hurts another's, so that it dies, they are to sell the live ox and divide the revenue from the sale; and they are also to divide the dead animal.