Exegetical and Hermeneutical Commentary of Exodus 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;
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
Fuente: The Cambridge Bible for Schools and Colleges
The usual mode of protecting a well in the East was probably then, as now, by building round it a low circular wall.
Fuente: Albert Barnes’ Notes on the Bible
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.
Fuente: Adam Clarke’s Commentary and Critical Notes on the Bible
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 mans 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.
Fuente: English Annotations on the Holy Bible by Matthew Poole
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.
Fuente: John Gill’s Exposition of the Entire Bible
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.
Fuente: Keil & Delitzsch Commentary on the Old Testament
Verses 33:34:
“Pit” denotes a cistern. These were usually covered by a flat stone, or a wooden lid. It was the duty of the one uncovering the cistern, to replace the cover. If he failed to do so, and if this resulted in the death of a neighbor’s livestock, he must then pay compensation for the dead animal.
Fuente: Garner-Howes Baptist Commentary
33. And if a man shall open a pit He enumerates still more cases of damage inflicted, in which restitution is to be demanded of the person who gave occasion for the occurrence. First, it is said, If a man shall open a pit, or cistern, and not cover it, and an animal shall fall into it, he is bound to pay its value; and justly, since his carelessness approaches to actual guilt. Here, again, we see how God would have all men to be anxious for their neighbor’s advantage; yet, inasmuch as there was no fraud or malice in the case, he is permitted, after paying its price, to appropriate the carcass to himself. But, if one man’s ox should be killed by another’s, a most just appointment is made, viz., that, if it happened unexpectedly, and by sudden accident, they should divide the dead ox between them, and, having sold the other, each should take half the price; but if the ox was a savage one, that its owner should undergo a greater penalty by paying its full price; because he ought to have anticipated the mischief, and thus was scarcely so kind as he should have been, giving occasion to the injury.
Fuente: Calvin’s Complete Commentary
(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.
Fuente: Ellicott’s Commentary for English Readers (Old and New Testaments)
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 mans cattle inflict upon anothers. Both kinds of loss have to be made good.
Fuente: Ellicott’s Commentary for English Readers (Old and New Testaments)
33-36. The provisions of this section must commend themselves as both wise and prudent . Caution, forethought, and most equitable dealing were hereby inculcated .
Fuente: Whedon’s Commentary on the Old and New Testaments
Exo 21:33. If a man shall open a pit We have had frequent occasion, in our notes on the Book of Genesis, to mention these pits which were usually dug in this country; and which, being dug in common or public ground, there was great need of caution with respect to them.
REFLECTIONS.Note; 1. The care that God has of man’s life: even the ox or bull, which kills a man, must be stoned. 2. They who are acquainted with the mischievousness of their cattle, and take not proper care of them, are looked upon as accessary to the hurt done by them. Not to restrain the evil which is in our power, is to commit it. 3. We deserve to be punished for negligence, as well as for mischief.
Fuente: Commentary on the Holy Bible by Thomas Coke
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
Fuente: John Trapp’s Complete Commentary (Old and New Testaments)
Psa 9:15, Psa 119:85, Pro 28:10, Ecc 10:8, Jer 18:20, Jer 18:22
Reciprocal: Exo 22:6 – he that kindled the fire Lev 24:21 – a beast
Fuente: The Treasury of Scripture Knowledge
The pit represents a typical case of damage caused by an inanimate object or natural phenomenon. These specific cases doubtless served as precedents for other similar cases.
Fuente: Expository Notes of Dr. Constable (Old and New Testaments)
Property damage 21:33-22:15
Fuente: Expository Notes of Dr. Constable (Old and New Testaments)
PART III.–RIGHTS OF PROPERTY.
Exo 21:33 – Exo 22:15.
The vital and quickening principle in this section is the stress it lays upon man’s responsibility for negligence, and the indirect consequences of his deed. All sin is selfish, and all selfishness ignores the right of others. Am I my brother’s keeper? Let him guard his own property or pay the forfeit. But this sentiment would quickly prove a disintegrating force in the community, able to overthrow a state. It is the ignoble negative of public spirit; patriotism, all by which nations prosper. And this early legislation is well devised to check it in detail. If an ox fall into a pit or cistern, from which I have removed the cover, I must pay the value of the beast, and take the carcase for what it may be worth. I ought to have considered the public interest (Exo 21:33). If I let my cattle stray into my neighbour’s field or vineyard, there must be no wrangling about the quality of what he has consumed: I must forfeit an equal quantity of the best of my own field or vineyard (Exo 22:5). If a fire of my kindling burn his grain, standing or piled, I must make restitution: I had no right to kindle it where he was brought into hazard (Exo 22:6). This is the same principle which had already pronounced it murder to let a vicious ox go loose. And it has to do with graver things than oxen and fires,–with the teachers of principles rightly called incendiary, the ingenious theorists who let loose abstract speculations pernicious when put into practice, the well-behaved questioners of morality, and the law-abiding assailants of the foundations which uphold law.
It is quite in the same spirit that I am accountable for what I borrow or hire, and even for its accidental death (since for the time being it was mine, and so should the loss be); but if I hired the owner with his beast, it clearly continued to be in his charge (Exo 22:14-15). But again, my responsibility may not be pressed too far. If I have not borrowed property, but consented to keep it for the owner, the risk is fairly his, and if it be stolen, the presumption is not against my integrity, although I may be required to clear myself on oath before the judges (Exo 22:7-8). But I am accountable in such a case for cattle, because it was certainly understood that I should watch them; and if a wild beast have torn any, I must prove my courage and vigilance by rescuing the carcase and producing it (Exo 22:10-13).
But I must not be plunged into litigation without a compensating hazard on the other side: he whom God shall condemn shall pay double unto his neighbour (Exo 22:9).
It only remains to be observed, with regard to theft, that when cattle was recovered yet alive, the thief restored double, but when his act was consummated by slaughtering what he had taken, then he restored a sheep fourfold, and for an ox five oxen, because his villainy was more high-handed. And we still retain the law which allows the blood of a robber at night to be shed, but forbids it in the day, when help can more easily be had.
All this is reasonable and enlightened law; founded, like all good legislation, upon clear and satisfactory principles, and well calculated to elevate the tone of the public feeling, to be not only so many specific enactments, but also the germinant seeds of good.