If a man opens or digs a pit and fails to cover it, and an ox or a donkey falls into it,
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...
Observe here, I. The particular care which the law took of women with child, that no hurt should be done them which might occasion their mis-carrying. The law of nature obliges us to be very tender in that case, lest the tree and fruit be destroyed together, Exo 21:22, Exo 21:23.
Commenting on Exodus 21:22-36
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...