Shemot 21: 33-34

[Moshe92]

"When a man opens a pit, or digs a pit and does not cover it, and an ox or a donkey falls into it, the one responsible for the pit must make resitution; he shall pay the price to the owner, but shall keep the dead animal."

I was looking through a list of the 613 mitzvot, and I found this one kind of interesting. Does it to apply to any situations other than the one literally described? Why does the person keep the dead animal? Are there any commentaries on this mitzvah?

[muman613]

"When a man opens a pit, or digs a pit and does not cover it, and an ox or an donkey falls into it, the one responsible for the pit must make resitution; he shall pay the price to the owner, but shall keep the dead animal."

I was looking through a list of the 613 mitzvot, and I found this one kind of interesting. Does it to apply to any situations other than the one literally described? Why does the person keep the dead animal? Are there any commentaries on this mitzvah?

Shalom Moshe92,

This mitzvah is from Mishpatim {2 weeks ago} which is my Bar Mitzvah portion. There are a whopping 53 mitzvot in this Parasha...

I found the following:

http://www.shemayisrael.co.il/Parasha/jersey/archives/mishpatim65.htm

"
IT'S NOT ABOUT THE MONEY

"And if a man shall open a pit or if a man shall dig a pit and not cover it, and an ox or donkey will fall in it, the owner of the pit shall pay" (Shemot 21:33-34)

The Torah tells us in the portion of Mishpatim the laws pertaining to damages caused by one's animals and damages caused by one's digging a hole in the ground. Rabbi Yeruchem Levovitz used to say that it is very easy to just look at these laws in terms of financial obligations. In some instances you are legally obligated to pay for damages and in other instances you are free from having to pay. But the proper way to view the laws of damages is from the perspective of the Hinuch (243): The foundation of the laws pertaining to damages is the misvah of loving our fellow man. When you care about others, you will be careful not to do anything that will cause them damage or suffering. When kind and compassionate people study these laws, they do not think in terms of how much money they will have to pay, but in terms of what they can do to avoid causing others any loss or pain. Studying these sections of the Torah in the proper way will increase your sensitivity to the possibilities of your harming others.

The Hafess Hayim used to say that after one studies tractate Baba Kama, the way to see if he studied it properly in order to fulfill what he studied, is to see if he is careful to close a window to prevent the wind from hitting someone in the face. (Growth through Torah)
"

http://www.vbm-torah.org/archive/salt-chagim/pesach-5.htm

http://www.vbm-torah.org/archive/salt-vayikra/30-5kedoshim.htm

http://www.darchenoam.org/ethics/PREVENT/sources.htm

Prevention: Basic Sources
(aided by Rabbi Menachem Slae's collection of sources on the mitzva of maakeh, "Safety Regulations in Building in the Halacha," pp. 6-14, The Harry Fischel Institute for Research in Jewish Law, Jerusalem, 5745-1984)

8 Biblical Commandments relating to accident prevention:
1) Build a fence around the roof of a house (Devarim 22:8) This also extends to command protecting against any dangers.
2) Do not place blood on your house (Devarim 22:8), the negative commandment for not protecting against danger
3) Watch yourself exceedingly (Devarim 4:9) The Rambam quotes this (possibly based on Berakhot 32b) as a positive mitzva to avoid danger.
4) Do not stand idly by while your friend’s blood is spilled (Vayikra 19:6) This commands protecting another who is in danger of death.
5) Do not destroy (Devarim 20:19) The Talmud sees this verse (in context referring to destroying fruit trees to build a ramp during a siege) as relating to all forms of pointless destructiveness, including doing things that physically harm our bodies.
6) Don’t put a stumbling block before a blind man (Vayikra 19:14) Most see the simple reading of this verse as a metaphor for giving bad advice or causing another to sin.
7) Damages caused by leaving an open pit (Shemot 21:33-34) This is a mitzva on courts to judge cases involving compensation for damages. This is limited to damages to animals in public places.
8) Returning a lost object to a friend (Devarim 22:2) -- and, the gemara infers, certainly his body. To save one in danger is to return him his life and health. Rambam also sees this as the command for doctors to heal.

5 Jewish values relating to accident prevention
1) Preserving life, ours and othersa cardinal Jewish value, overriding most commandments in the vast majority of cases.
2) Forseeing future situations: Rabban Yochanan ben Zakai asked his five greatest disciples to investigate the proper path for a man to take in this world. Rabbi Shimon said, "He who sees ahead." (Pirkei Avot 2:9) Efficient accident prevention means taking the time to think ahead, deeply and systematically.
3) Taking responsibility, as Hillel says, "If I am not for myself, who will be for me? If I am only for myself, who am I? If not now, when?
4) Looking out for others, as Rabbi Akiva says, "Love your neighbor as yourself," this is a general principle of the Torah. This focus on helping and thinking about others is the central point of Jewish ethics' emphasis on modeling ourselves after the Divine.
5) Patience

PS: I just had the opportunity to return a lost item to its owner...

[Moshe92]

Thank you very much, Muman. You're great.