Exodus 21:33

33 "If someone takes the cover off a pit or if he digs one and does not cover it, and a bull or a donkey falls into it,

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 bull kills a boy or a girl, the same rule applies.

32 If the bull kills a male or female slave, its owner shall pay the owner of the slave thirty pieces of silver, and the bull shall be stoned to death.

33 "If someone takes the cover off a pit or if he digs one and does not cover it, and a bull or a donkey falls into it,

34 he must pay for the animal. He is to pay the money to the owner and may keep the dead animal.

35 If someone's bull kills someone else's bull, the two of them shall sell the live bull and divide the money; they shall also divide up the meat from the dead animal.