Exodus 21:33

Verse 33. And if a man shall open a pit, or - dig a pit] That is, if a man shall open a well or cistern that had been before closed up, or dig a new one; for these two cases are plainly intimated: and if he did this in some public place where there was danger that men or cattle might fall into it; for a man might do as he pleased in his own grounds, as those were his private right. In the above case, if he had neglected to cover the pit, and his neighbour's ox or ass was killed by falling into it, he was to pay its value in money. Ex 21:33 and Ex 21:34 seem to be out of their places. They probably should conclude the chapters, as, where they are, they interrupt the statutes concerning the goring ox, which begin at Ex 21:28.

THESE different regulations are as remarkable for their justice and prudence as for their humanity. Their great tendency is to show the valuableness of human life, and the necessity of having peace and good understanding in every neighbourhood; and they possess that quality which should be the object of all good and wholesome laws - the prevention of crimes. Most criminal codes of jurisprudence seem more intent on the punishment of crimes than on preventing the commission of them. The law of God always teaches and warns, that his creatures may not fall into condemnation; for judgment is his strange work, i.e., one reluctantly and seldom executed, as this text is frequently understood.

Adam Clarke's Commentary on the Bible (1810–1826) — public domain. Text from a community e-Sword/MySword module.

Exo 21:33 And if a man shall open a pit, or if a man shall dig a pit, and not cover it, and an ox or an ass fall therein;

Ver. 33. And an ox or an ass.] We can hardly open the deep pit of God’s bottomless, boundless mercy, but some silly beast will be falling thereinto; "stumbling at the word, being disobedient, whereunto also they were appointed." {1Pe 2:8}

John Trapp, A Commentary or Exposition upon All the Books of the Old and New Testament (1647–1656) — public domain. Text from a community e-Sword module.

21:33–22:15 In cases involving loss of property, the responsible person had to pay compensation equal to the value of what was lost. If the person had actually stolen the property, the compensation was multiplied (22:1, 4, 7). Where there was a question of responsibility, the parties were to appear before God for adjudication (22:8). The means by which the judgment was reached is not reported.

Tyndale Open Study Notes — © Tyndale Open Resources, licensed CC BY-SA 4.0. Text via the HelloAO Bible API.

(33) If a man shall open a pit.—Rather, uncover a well. The wells in the East commonly have covers, which are removed when water is drawn, and then replaced. If a man neglected to replace a cover, he was rightly answerable for any damage that might ensue. The case was the same if he dug a new well, and neglected to cover it over.

LAWS CONCERNING THE RIGHTS OF PROPERTY.

(33-36) The legislation slides from rights of persons to rights of property easily and without effort, by passing from the injuries which cattle cause to those which they suffer. They are injured (1) by the culpable laches of persons leaving their pits uncovered; (2) by hurts which one man’s cattle inflict upon another’s. Both kinds of loss have to be made good.

A Bible Commentary for English Readers, edited by Charles John Ellicott (1878–1897) — public domain. Text from a community e-Sword module.

33, 34. Injury caused by culpable neglect in leaving an open pit.

open] i.e. open a pit which already existed = reopen.

a pit] for the storage of water or (cf. Jer_41:8; Thomson, L. and B. i. 89, 90, ii. 194, iii. 458) grain, or perhaps also for the capture of wild beasts. Thomson (ii. 283) writes, ‘I have been astonished at the recklessness with which wells and pits are left uncovered and unprotected all over this country’; and adds that he had seen a blind man walk into such a well, and known a valuable horse lost similarly

The Cambridge Bible for Schools and Colleges (gen. ed. J. J. S. Perowne; Cambridge University Press, 1878–1918) — public domain. Text from a community e-Sword module.

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 (s) 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,''

(s) Hilchot Niske Maimon. c. 12. sect, 1, 10. so Bartenora in Misn. Bava Kama, c. 1. sect. 1.

John Gill's Exposition of the Whole Bible (1746–1763) — public domain (CC PDM 1.0). Text via the HelloAO Bible API.

The usual mode of protecting a well in the East was probably then, as now, by building round it a low circular wall.

Albert Barnes' Notes on the Bible (1834–1885) — public domain. Text from a community e-Sword/MySword module.

If a man shall either

open an old pit which hath been covered with earth; or

dig a new

pit, to wit, in a public way, as the reason of the law shows; for if it were done in a man’s own house or ground, there was no danger of such an accident, except the beast transgressed his bounds, and then the man was not culpable.

Matthew Poole's English Annotations on the Holy Bible (1683–1685) — public domain. Text from a community e-Sword/MySword module.

33-36. The provisions of this section must commend themselves as both wise and prudent. Caution, forethought, and most equitable dealing were hereby inculcated.

Daniel D. Whedon (gen. ed.), Commentary on the Old and New Testaments (1874–1909) — public domain. Text from a community e-Sword module.

II LAWS CONNECTED WITH RIGHTS OF PROPERTY (vers. 33-36). From the consideration of injuries to the person, the legislator proceeds to treat of injuries to property, and, as he has been speaking of cattle under the one head, places cattle in the fore-front of the other. In this chapter two enactments only are made one providing compensation in the case of a man"s cattle being killed by falling into the pit, or well, of a neighbour (vers. 33, 34); and the other making provision for the case of one man"s cattle killing the cattle of another (vers. 35, 36)

If a man shall open a pit. Rather, "If a man shall uncover a cistern." Cisterns, very necessary in Palestine, were usually closed by a flat-stone, or a number of planks. To obtain water from them, they had to be uncovered; but it was the duty of the man who uncovered them, to replace the covering when his wants were satisfied. Or dig a pit and not cover it. A man who was making a cistern might neglect to cover it while it was in course of construction, or even afterwards, if he thought his own cattle would take no hurt. But in the unfenced fields of Palestine it was always possible that a neighbour"s cattle might go astray and suffer injury through such a piece of negligence. An ox, or an ass, falling into a cistern, would be unable to extricate itself, and might be drowned.

HOMILETICS Vers. 33-36. The guilt of neglect.

Sins of omission are thought lightly of by most men; but God holds us answerable for them, as much as for sins of commission. The Psalmist defines the wicked man as one who neglects to "set himself in any good way." The neglect of the Israelites to cover their wells, or keep their cattle from goring others was to be heavily punished. Neglect and carelessness are culpable

I BECAUSE THEIR EFFECTS ARE AS RUINOUS AS THOSE OF MALICE AND EVIL INTENT. Carelessness and neglect of precautions may set a town on fire and burn hundreds in their beds. Or it may spread a loathsome and dangerous disease through a whole district. Or it may destroy the cattle of a whole county. Or it may allow moral evil to have free course, until an entire nation is sunk in corruption. Or, again, it may endanger our own lives, or destroy our souls. It is a question whether more evil does not actually result from carelessness than from deliberate intent. Youth is naturally careless. Desultory habits intensify carelessness. A deficient sense of the seriousness of life encourages and fosters it. Advanced civilisation, with its foppishness and superciliousness, developes its growth. The present age asks, "Is anything worth caring about? and is deaf to the Prophet"s words, "Tremble and be troubled, ye careless. (Isa_32:11)

II BECAUSE GOD HAS IMPLANTED IN US FACULTIES OF PREVISION AND CALCULATION OF CONSEQUENCES, WHICH WERE INTENDED TO PREVENT OUR BEING CARELESS AND NEGLIGENT. Man differs from the lower animals chiefly in the possession of reason; and it is an essential part of human reason to look to the future, to forecast results, and calculate the balance of ultimate advantage and disadvantage. We know instinctively that our happiness depends on our actions; and it is therefore wholly unreasonable to be careless about how we act. If we have faculties which we might use and refuse to use them, God will be righteous to punish us for despising his gifts.

III BECAUSE GOD HAS EXPRESSLY WARNED US AGAINST BEING CARELESS, AND EXHORTED US TO PRUDENCE AND FORETHOUGHT. "I will send a fire among them that dwell carelessly," said the Lord by Ezekiel. "Rise up, ye women that are at ease; hear my voice, ye careless daughters; give ear unto my speech; many days and years shall ye be troubled, ye careless women," are God"s words by Isaiah. "Go to the ant, thou sluggard," exclaims the wise man, "consider her ways and be wise." And again "Ponder the path of thy feet, and let all thy ways be established keep thy heart with diligence remove thy feet from evil." A careful cautious walk through the dangers and difficulties of life is everywhere enjoined upon us in the Scriptures; and we are plainly disobedient if we are careless.

The Pulpit Commentary (1880–1919), ed. H.D.M. Spence-Jones & Joseph S. Exell — public domain. Text from a community e-Sword module.

Passing from life to property, in connection with the foregoing, the life of the animal, the most important possession of the Israelites, is first of all secured against destruction through carelessness. If any one opened or dug a pit or cistern, and did not close it up again, and another man's ox or ass (mentioned, for the sake of example, as the most important animals among the live stock of the Israelites) fell in and was killed, the owner of the pit was to pay its full value, and the dead animal to belong to him. If an ox that was not known to be vicious gored another man's ox to death, the vicious animal was to be sold, and its money (what it fetched) to be divided; the dead animal was also to be divided, so that both parties bore an equal amount of damage. If, on the other hand, the ox had been known to be vicious before, and had not been kept in, carefully secured, by its possessor, he was to compensate the owner of the one that had been killed with the full value of an ox, but to receive the dead one instead.

Keil & Delitzsch — Biblical Commentary on the Old Testament (1861–1891) — public domain (CC PDM 1.0). Text via the HelloAO Bible API. (Old Testament only.)

opens a pit

"uncovers a hole in the ground" or "takes a cover off a hole in the ground"

repay the loss

The owner must be paid for the loss of his animal. AT: "pay the owner for the dead animal" (See: Assumed Knowledge and Implicit Information)

will become his

The one who paid for the loss of the animal will become the owner of the dead animal and can do what he wants with it. The full meaning of this statement can be made explicit. AT: "will belong to the owner of the pit" (See: Assumed Knowledge and Implicit Information)

translationWords

pit

donkey

unfoldingWord translationNotes — © Distant Shores Media and the Door43 World Missions Community, licensed CC BY-SA 4.0. Source: git.door43.org/Door43/en_tn.

וכי יפתח איש בור AND IF A MAN SHALL OPEN A PIT which was covered over, and he now uncovered it.

או כי יכרה OR IF A MAN SHALL DIG [A PIT] — Why is this stated? If he becomes liable for opening one that already exists how much the more is he liable for digging a new one! However, it does not mean that he digs a pit from beginning to end but it is intended to include in this law a person who digs after another has dug (i. e. who deepens to a height of ten handbreaths a pit which another has already excavated to a depth less than this. Before he did this an animal which fell into the pit was unlikely to kill itself; now, however, such a fall may prove fatal) — that such a one alone becomes liable (cf. Bava Kamma 51a).

ולא יכסנו AND SHALL NOT COVER IT — if, however, he did cover it, though he did not fill it in with earth” he is not liable (Bava Kamma 50a). Scripture speaks of one who excavates a pit in a public thoroughfare (cf. Bava Kamma 49b).

שור או חמור AN OX OR AN ASS — This is the law also with respect to all cattle and beasts, because wherever the Torah prescribes something with regard to “ox or ass”, we derive it (the fact that it applies to all cattle and beasts) on the grounds of the verbal similarity of שור in the text in question with שור which occurs in the law prescribing the Sabbath rest, for — with regard to the latter — it is stated, (Exodus 23:12) “that thine ox and thine ass may rest”. Now how is it in the latter case? We know that all cattle and beasts are to be treated in this respect as the “ox”, because in another passage referring to Sabbath (Deuteronomy 5:14) it is expressly said “[thy ox and thy ass] and all thy cattle”! So here, too, all cattle and beasts are to be treated as the ox. The only reason why ox and ass are alone mentioned is to imply: “an ox” — but not a man, “an ass” — but not vessels (Bava Kamma 53b).

Rashi on the Tanakh — English translations: “The Judaica Press complete Tanach with Rashi, translated by A. J. Rosenberg” (CC BY 4.0); “Pentateuch with Rashi's commentary by M. Rosenbaum and A.M. Silbermann, 1929-1934” (public domain); “The Metsudah Tanach series, Lakewood, N.J” (CC BY 4.0); and “The Book of Joshua, Metsudah Publications, 1997” (CC BY 4.0). Text via Sefaria.