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Exodus 21:34 - Who pays for negligence?

Exodus 21:34 - שמות 21:34

Hebrew Text

בַּעַל הַבּוֹר יְשַׁלֵּם כֶּסֶף יָשִׁיב לִבְעָלָיו וְהַמֵּת יִהְיֶה־לּוֹ׃

English Translation

the owner of the pit shall make it good, and give money to the owner of them; and the dead beast shall be his.

Transliteration

Ba'al habor yeshalem kesef yashiv liva'alav vehameit yihiyeh-lo.

Hebrew Leining Text

בַּ֤עַל הַבּוֹר֙ יְשַׁלֵּ֔ם כֶּ֖סֶף יָשִׁ֣יב לִבְעָלָ֑יו וְהַמֵּ֖ת יִֽהְיֶה־לּֽוֹ׃ <span class="mam-spi-samekh">{ס}</span>        
בַּ֤עַל הַבּוֹר֙ יְשַׁלֵּ֔ם כֶּ֖סֶף יָשִׁ֣יב לִבְעָלָ֑יו וְהַמֵּ֖ת יִֽהְיֶה־לּֽוֹ׃ {ס}        

🎵 Listen to leining

Parasha Commentary

Context in the Torah

The verse (Shemot 21:34) appears in Parshat Mishpatim, which details civil and tort laws. This specific law addresses the liability of one who digs a pit in a public domain, causing damage to another's property—in this case, an animal falling in and dying.

Rashi's Explanation

Rashi clarifies that "the owner of the pit shall make it good" refers to compensating the animal's owner for the full value of the deceased animal. The phrase "give money to the owner of them" emphasizes that payment must be made directly to the injured party. Rashi further explains that "the dead beast shall be his" means the carcass belongs to the pit's owner, as he has already paid full restitution (Rashi on Shemot 21:34).

Rambam's Legal Analysis

In Hilchot Nizkei Mammon (Laws of Property Damage), Rambam (Maimonides) elaborates on this principle, stating that one who creates a hazard in the public domain is liable for damages caused by it. The pit owner must pay the animal's full value, and the carcass serves as partial compensation, reducing the financial burden (Mishneh Torah, Nizkei Mammon 13:1).

Talmudic Discussion (Bava Kamma)

  • The Talmud (Bava Kamma 3a) derives from this verse that liability applies only if the pit was at least ten handbreadths deep—a depth sufficient to cause fatal injury.
  • It also discusses whether the pit owner is liable for indirect damage (grama), concluding that this case is an exception where indirect causation still incurs liability.

Midrashic Insight

The Mechilta (a halachic Midrash on Shemot) connects this law to broader ethical principles: just as one is liable for physical pits, one must avoid creating "spiritual pits" by leading others astray (Mechilta d'Rabbi Yishmael, Mishpatim 10).

Chizkuni's Additional Commentary

Chizkuni notes that the verse specifies "the owner of the pit" to exclude a case where the pit was dug by many people jointly—in such a case, all participants share liability (Chizkuni on Shemot 21:34).

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Kamma 3b
The verse is discussed in the context of liability for damages caused by a pit, illustrating the principle that the owner of the pit must compensate for the damage caused.
📖 Bava Kamma 5b
The verse is referenced in a discussion about the types of damages for which one is liable, specifically focusing on the responsibility of the pit owner.
📖 Bava Kamma 46a
The verse is cited in a debate about the extent of liability and the nature of compensation required for damages caused by a pit.

Frequently Asked Questions

Q: What does Exodus 21:34 mean about the owner of the pit?
A: Exodus 21:34 teaches that if someone digs a pit and leaves it uncovered, and an animal falls in and dies, the pit's owner must pay compensation to the animal's owner. The dead animal then belongs to the pit owner. This law emphasizes responsibility for negligence (Rashi, Rambam).
Q: Why is the pit owner responsible in Exodus 21:34?
A: The Torah holds the pit owner responsible because they created a hazard by leaving the pit uncovered. This teaches the Jewish value of taking precautions to prevent harm to others' property (Talmud Bava Kamma 3a).
Q: What practical lesson can we learn from Exodus 21:34 today?
A: This verse teaches us to be careful about potential dangers we create in public spaces. Just as the pit owner was liable, we must ensure our property doesn't endanger others (Mishneh Torah, Nizkei Mammon 13:1).
Q: Why does the dead animal go to the pit owner in Exodus 21:34?
A: The dead animal becomes the pit owner's property because they've already paid full compensation for its value. This prevents double payment and teaches fair restitution (Rashi on Exodus 21:34).
Q: How does Exodus 21:34 relate to modern property laws?
A: This verse establishes the Torah principle that people are responsible for damages caused by their property. Modern Jewish civil law (Dinei Mammon) develops these concepts further in cases of negligence (Shulchan Aruch, Choshen Mishpat 410).