הלכה אויף שמות 21:33

I mention this interpretation to counter the heretics who do not believe the words of our Rabbis that the Sabbath extends from dusk to dusk. The true interpretation is what the Rabbis recorded, namely, that the Sabbath was given at Marah.⁷ “Israel was instructed in ten laws at Marah. Seven of these were accepted by the descendents of Noah. Three additional laws were courts, Sabbath, and respect for parents” (Sanhedrin 56b). The incident at Marah (Exodus 15:22–26) took place before the appearance of the manna (ibid., chapter 16). Scripture mentions “tomorrow” and not “this night,” for Scripture usually speaks of what is common, namely, that people work during the day. The meaning of “holy Sabbath” is that they should rest, and that is what they did, “The nation rested on the seventh day” (ibid. 16:30). In Jeremiah it is written: “to sanctify the Sabbath day by not working on it” (17:24). Moses mentioned “tomorrow,” which is daytime, because he addressed what is common. Similarly, “Man goes out to his activity and to his work until evening” (Psalms 104:23). Likewise, “You should not eat meat that was torn in the field” (Exodus 22:30), although the same prohibition applies to what was torn in a house. Similarly, “an occurrence at night” (Deuteronomy 23:11);⁸ This does not exclude an occurrence of the day. “an ox or a donkey fell there” (Exodus 21:33);⁹ Ox or donkey are not exclusive. and many more in the Torah like these.

[The following laws apply when] a person was digging a cistern and the noise of the digging caused an animal to fall into the pit and die. If [the animal] fell forwards, [the owner of the cistern] is liable. If it fell backwards - i.e., it was startled [by the sound] and retreated and then fell - [the owner] is not liable. [The latter law is derived as follows. Exodus 21:33 states: "When an ox...] falls," [implied is that for the person to be liable], the ox must fall in an ordinary manner.54 If [the animal] fell forward outside the cistern because of the sound of the digging and died, the court does not hold the owner of the cistern liable.55 If the person [whose ox died] seizes property [belonging to the owner of the cistern], it is not expropriated from him. If [the animal] fell backward outside the cistern and died or was injured, the owner of the cistern is not liable.

The commandment on the court to judge the damages of a pit: To judge about the laws of one who opens a pit in a place where it is an obstacle for people, as it is stated (Exodus 21:33), “If a man opens a pit” — as it is explained in the section. And it is not specifically a pit, but rather even a ditch or a cave (Bava Kamma 50b), but it only stated “pit” to teach that there needs to be enough [depth] to it to kill — which is twenty fingerbreadths.