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;
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.