Exodus 21:33

33 Yf a man open a well or dygge a pytt and couer it not, but that an oxe or an asse fall theryn

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,''


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 And whether he hath gored a sonne or a doughter, he shalbe serued after the same maner
32 But yf it be a servaunt or a mayde that the oxe hath gored, then he shall geue vnto their master the summe of .xxx sicles, ad the oxe shall be stoned.
33 Yf a man open a well or dygge a pytt and couer it not, but that an oxe or an asse fall theryn
34 the owner off the pytte shall make it good and geue money vnto their master, and the dead beest shalbe his.
35 Yf one mans oxe hurte anothers that he dye: then they shall sell the lyue oxe and deuyde the money, and the deed oxe also they shall deuyde
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