Exodus 21:33

KJV

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;

KJV (with Strong's)

And if a man {H376} shall open {H6605} a pit {H953}, or if a man {H376} shall dig {H3738} a pit {H953}, and not cover {H3680} it, and an ox {H7794} or an ass {H2543} fall {H5307} therein;

Complete Jewish Bible

"If someone removes the cover from a cistern or digs one and fails to cover it, and an ox or donkey falls in,

Berean Standard Bible

If a man opens or digs a pit and fails to cover it, and an ox or a donkey falls into it,

American Standard Version

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,

Commentary

### SUMMARY
Exodus 21:33, nestled within the "Book of the Covenant," presents a foundational civil law concerning accountability for negligence. This verse outlines a specific scenario where an individual's failure to secure a potential hazard—a dug or opened pit—results in harm to another's valuable livestock. It underscores the principle that personal responsibility extends to preventing foreseeable dangers, laying the groundwork for a just society where individuals are held liable for the consequences of their carelessness, thereby protecting communal well-being and property.

### CONTEXT
* **Literary Context:** Exodus 21:33 is situated within the "Book of the Covenant" (Exodus 21-23), a collection of detailed civil and social laws given by God to Moses immediately following the Ten Commandments in [Exodus 20](/exodus/20 "Exodus 20 - The Ten Commandments"). While the Ten Commandments provide broad moral principles, the "Book of the Covenant" offers practical applications and case laws (casuistic laws, often in an "if...then" format) to govern daily life in ancient Israel. This specific law follows statutes concerning personal injury, assault, and property damage involving theft or fire, transitioning here to damage caused by negligence. It demonstrates how the divine moral code was to be meticulously translated into a just and orderly societal structure, reflecting God's own character of righteousness and care for His people's welfare.
* **Historical & Cultural Context:** In ancient Israel, as in much of the ancient Near East, digging pits was a common and necessary activity. Pits served various purposes, including water collection (cisterns), storage (for grain or other perishables), or even as traps for wild animals. Given the arid climate and the reliance on agriculture and livestock, water sources were vital, and open pits could pose significant dangers. Livestock, particularly oxen and asses, represented substantial wealth and served as essential assets for labor, transportation, and agricultural production. An ox could pull a plow, and an ass was crucial for transport. The loss of such an animal due to negligence was a severe economic blow to a family or individual. Therefore, laws like Exodus 21:33 were crucial for maintaining social order, protecting communal resources, and ensuring that individuals acted with due diligence in a society where shared spaces and mutual reliance were paramount. The emphasis on "not cover it" highlights the specific act of omission that constitutes negligence, rather than the act of digging itself, which was often legitimate and necessary.

### EXPOSITION AND ANALYSIS
#### Key Word Analysis
* **Pit (Hebrew, בּוֹר _bor_):** This term refers to a hole, cistern, well, or dungeon. In this context, it denotes a man-made excavation, likely for water storage or other utilitarian purposes, which, if left open, could become a dangerous trap. The word emphasizes the potential for hazard inherent in such an uncovered cavity.
* **Not cover it (Hebrew, וְלֹא כִסָּהוּ _wəlo’ kissāhū_):** This phrase is the critical element defining negligence. It signifies an act of omission—the failure to perform a necessary protective action. The culpability lies not in the digging of the pit, but in the deliberate or careless neglect to secure it, thereby creating a foreseeable danger to others' property or lives.
* **Ox or an ass (Hebrew, שׁוֹר אוֹ חֲמוֹר _šôr ’ô ḥămôr_):** These two animals are specified as examples of valuable livestock. An ox was essential for plowing and heavy labor, while an ass was crucial for transport. Their inclusion highlights the economic impact of their loss and underscores the law's concern for protecting a neighbor's livelihood and valuable assets.

#### Verse Breakdown
* **"And if a man shall open a pit, or if a man shall dig a pit":** This clause establishes the initial action: the creation of a hole in the ground. The repetition of "open a pit, or... dig a pit" emphasizes that the method of creating the pit is irrelevant; the mere existence of an excavated hazard is the starting point for consideration. This action, in itself, is not unlawful, as pits were necessary for various purposes in ancient Israel.
* **"and not cover it":** This is the pivotal phrase that introduces culpability. It identifies the act of negligence—the failure to exercise due care by leaving the pit unsecured. This omission transforms a legitimate activity into a dangerous one, making the responsible party liable for any subsequent harm. The law focuses on the failure to mitigate a known risk.
* **"and an ox or an ass fall therein;":** This clause describes the direct consequence of the negligence: a valuable animal belonging to another person falls into the uncovered pit. The mention of specific animals underscores the economic damage incurred and sets the stage for the restitution requirements detailed in the subsequent verse ([Exodus 21:34](/exodus/21-34 "Exodus 21:34 - Restitution for Negligence")). This outcome is the trigger for legal action and required compensation.

#### Literary Devices
Exodus 21:33 is a prime example of **Casuistic Law**, characterized by its "if...then" structure (though the "then" clause is implied and completed in the following verse). This legal format presents specific cases and their prescribed outcomes, making the law concrete and applicable to real-life situations. The verse also employs **Repetition** ("open a pit, or if a man shall dig a pit") which serves to emphasize the range of ways a hazardous pit might be created, ensuring the law's broad applicability. Furthermore, the mention of "an ox or an ass" can be seen as a form of **Merism** or **Synecdoche**, representing the general category of valuable livestock or property. By naming two prominent examples, the text implies protection for all similar assets, highlighting the law's concern for protecting a neighbor's economic well-being.

### THEOLOGICAL AND THEMATIC CONNECTIONS
This seemingly simple civil law in Exodus 21:33 profoundly reflects God's character and His desire for a just and compassionate society. It reveals a divine concern for order, personal responsibility, and the protection of one's neighbor's livelihood. God, as the ultimate Lawgiver, establishes principles that prevent harm and ensure restitution, demonstrating that true righteousness extends beyond ritual observance to practical, ethical living. This law underscores the sanctity of property and the communal obligation to act with foresight and diligence, preventing harm to others. It is an embodiment of the broader biblical command to love one's neighbor, as neglecting their safety or property is antithetical to genuine love.

* [Exodus 21:34](/exodus/21-34 "Exodus 21:34 - Restitution for Negligence")
* [Deuteronomy 22:8](/deuteronomy/22-8 "Deuteronomy 22:8 - Law of the Parapet")
* [Proverbs 27:12](/proverbs/27-12 "Proverbs 27:12 - The Prudent See Danger")

### REFLECTION AND APPLICATION
Exodus 21:33, though set in an ancient agrarian context, offers timeless principles of responsibility and due diligence that resonate deeply in our modern world. It calls us to consider the far-reaching consequences of our actions and inactions, urging us to be mindful stewards of our environments, resources, and even our digital footprints. Just as an ancient Israelite was responsible for covering a physical pit, we are called to identify and mitigate potential "pits" in our contemporary lives—whether they are unsafe conditions in our homes or workplaces, unaddressed risks in our communities, or even the careless spread of misinformation online. This verse challenges us to move beyond mere compliance to a proactive posture of care, recognizing that our negligence can cause tangible harm to others, their property, and their well-being. It encourages a culture of accountability where we not only prevent harm but are also prepared to make amends when our oversight leads to loss.

#### Questions for Reflection
* **In what areas of my life might I be creating "uncovered pits" through negligence or lack of foresight?**
* **How does the principle of "not covering a pit" relate to our modern responsibilities concerning public safety, environmental care, or even digital security?**
* **What practical steps can I take to cultivate a greater sense of personal responsibility and proactive care for my neighbors and community?**
* **How does this ancient law inform our understanding of justice and restitution in contemporary society?**

### FAQ
**Why is this law included in the Bible?**

Answer: This law, like many in the "Book of the Covenant," is included to establish a framework for a just and orderly society that reflects God's character. It demonstrates God's concern for the protection of property, the prevention of harm, and the principle of personal accountability. It teaches that individuals are responsible for the foreseeable consequences of their actions and inactions, fostering a community where neighbors are expected to act with care and consideration for one another's well-being and livelihood.

**What was the value of an ox or an ass in ancient Israel?**

Answer: Oxen and asses were incredibly valuable assets in ancient Israelite society, representing significant wealth and serving as essential components of a family's economic stability. An ox was crucial for plowing fields, threshing grain, and other heavy agricultural labor, directly impacting food production and sustenance. An ass was vital for transportation of goods and people, especially in mountainous terrain. The loss of either animal due to negligence would have been a severe economic blow, potentially jeopardizing a family's ability to farm, trade, or even survive. This is why the law mandates restitution for such losses, underscoring their importance.

**Does this law apply to accidental harm today, or only to intentional acts?**

Answer: While the specific context is ancient, the underlying principle of Exodus 21:33 is highly relevant to modern understandings of negligence and liability for accidental harm. The key phrase "and not cover it" clearly points to an act of omission or carelessness, not an intentional act of malice. This law, therefore, directly addresses negligence—the failure to exercise reasonable care to prevent harm. In modern legal systems, this principle forms the basis for tort law, where individuals or entities can be held liable for damages caused by their negligence, whether it's a slip-and-fall accident, a poorly maintained property, or a failure to warn of a known hazard. The Bible, through this law, establishes a timeless ethical standard for responsible conduct in community.

### CHRIST-CENTERED FULFILLMENT
While Exodus 21:33 addresses civil liability for negligence, its underlying principles find profound Christ-centered fulfillment. Jesus did not come to abolish the Law but to fulfill it ([Matthew 5:17](/matthew/5-17 "Matthew 5:17 - Jesus Fulfills the Law")), not just by perfectly obeying its every command, but by embodying its ultimate spirit of love, justice, and responsibility. The law's concern for preventing harm to a neighbor's property and livelihood foreshadows Christ's radical call to love one's neighbor as oneself ([Matthew 22:39](/matthew/22-39 "Matthew 22:39 - The Second Great Commandment")), which extends to protecting their well-being in every dimension. Furthermore, just as the law holds individuals accountable for the "pits" they leave uncovered, Christ, as the perfect Lamb of God, took upon Himself the ultimate responsibility for the "pit" of sin that separates humanity from God. He "covered" our sin through His atoning sacrifice, bearing the consequences of our spiritual negligence and rebellion ([2 Corinthians 5:21](/2_corinthians/5-21 "2 Corinthians 5:21 - Christ Our Righteousness")). Through Him, we are offered not just restitution for harm, but complete redemption from the ultimate spiritual debt. The Kingdom of God, inaugurated by Christ, is characterized by a righteousness that far exceeds mere legal compliance, calling believers to a proactive, Spirit-empowered love that seeks to prevent harm and promote flourishing for all, reflecting the very heart of God's perfect justice and boundless grace ([Romans 13:8-10](/romans/13-8-10 "Romans 13:8-10 - Love Fulfills the Law")).

Note: Commentary is generated by AI with a directive for Biblical fidelity. Always rely on the Holy Spirit for discernment. The Scripture text and cross-references are from verified, non-AI sources.