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Exodus 21:33 - Who bears pit liability?

Exodus 21:33 - שמות 21:33

Hebrew Text

וְכִי־יִפְתַּח אִישׁ בּוֹר אוֹ כִּי־יִכְרֶה אִישׁ בֹּר וְלֹא יְכַסֶּנּוּ וְנָפַל־שָׁמָּה שּׁוֹר אוֹ חֲמוֹר׃

English Translation

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 into it;

Transliteration

Vechi-yiftach ish bor o chi-yichreh ish bor velo yechasenu venafal-shamah shor o chamor.

Hebrew Leining Text

וְכִֽי־יִפְתַּ֨ח אִ֜ישׁ בּ֗וֹר א֠וֹ כִּֽי־יִכְרֶ֥ה אִ֛ישׁ בֹּ֖ר וְלֹ֣א יְכַסֶּ֑נּוּ וְנָֽפַל־שָׁ֥מָּה שּׁ֖וֹר א֥וֹ חֲמֽוֹר׃
וְכִֽי־יִפְתַּ֨ח אִ֜ישׁ בּ֗וֹר א֠וֹ כִּֽי־יִכְרֶ֥ה אִ֛ישׁ בֹּ֖ר וְלֹ֣א יְכַסֶּ֑נּוּ וְנָֽפַל־שָׁ֥מָּה שּׁ֖וֹר א֥וֹ חֲמֽוֹר׃

🎵 Listen to leining

Parasha Commentary

Legal Responsibility for Negligence (Pit Damage)

The verse (Exodus 21:33) establishes liability for one who creates a hazard in the public domain. Rashi explains that this applies whether the pit is newly dug ("כי יכרה") or merely uncovered ("כי יפתח"). The Torah holds the person accountable for failing to cover it properly, resulting in damage to another's property (ox or donkey).

Types of Pits and Their Implications

  • Open Pit (B'or): Rambam (Hilchot Nizkei Mamon 13:1) rules that liability applies to any excavation at least ten handbreadths deep, as this qualifies as a "bor" in halachic terms.
  • Covering Requirement: The Talmud (Bava Kamma 50b) discusses that one must provide a cover strong enough to prevent typical animal traffic from breaking through.

Philosophical Dimensions

The Sefer HaChinuch (Mitzvah 56) connects this law to the broader ethical principle of social responsibility. By mandating proper safeguards for public hazards, the Torah teaches that one must proactively prevent potential harm to others, not merely avoid direct wrongdoing.

Extended Applications in Halacha

The Shulchan Aruch (Choshen Mishpat 410:1) extends this principle beyond literal pits to any dangerous object left unsecured in public spaces. This reflects the Torah's concern for creating a society where individuals act with foresight and care for communal safety.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Kamma 50b
The verse is discussed in the context of liability for damages caused by an uncovered pit, illustrating the principle of negligence in property maintenance.
📖 Bava Metzia 31b
Referenced in a discussion about the responsibilities of property owners to prevent harm to others' animals.

Frequently Asked Questions

Q: What does Exodus 21:33 mean?
A: Exodus 21:33 discusses the responsibility of someone who digs or opens a pit and fails to cover it properly. If an ox or donkey falls into it, the person who left the pit uncovered is held accountable. This teaches the importance of taking precautions to prevent harm to others and their property.
Q: Why is this verse important in Jewish law?
A: This verse is important because it establishes a key principle in Jewish civil law (Halacha) regarding negligence. The Talmud (Bava Kamma 50a) explains that a person must take reasonable steps to avoid causing damage to others. If they fail to do so, they are financially responsible for the consequences.
Q: What can we learn from Exodus 21:33 today?
A: We learn that we must be careful not to create hazards that could harm others, whether physically or financially. Rashi explains that this applies to any dangerous situation a person creates and neglects to secure. The principle extends to modern scenarios like construction sites, road safety, and even digital responsibility.
Q: Does this law apply only to pits?
A: No, the Mishnah (Bava Kamma 5:5) and later commentators explain that the principle applies to any hazard a person creates. The pit is just one example of negligence. The Rambam (Hilchot Nizkei Mamon 13:1) extends this to any situation where someone fails to remove a danger they've created.
Q: Why does the verse specifically mention oxen and donkeys?
A: The Talmud (Bava Kamma 5:7) explains that oxen and donkeys are mentioned because they were common working animals in biblical times. However, the law applies to any damage caused by the uncovered pit, whether to animals, people, or property. The Torah uses practical examples to teach broader legal principles.