John Calvin Commentary 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," — Exodus 21:33 (ASV)

And if a man shall open a pit. He lists further cases of damage inflicted, in which restitution is to be demanded from the person who caused the incident. First, it is stated that if a man opens a pit or cistern and does not cover it, and an animal falls into it, he is obligated to pay its value. This is just, since his carelessness borders on actual guilt.

Here, again, we see how God would have all people be concerned for their neighbor’s well-being. Yet, since there was no fraud or malice in the case, the one responsible is permitted, after paying its price, to take the carcass for himself.

But, if one man’s ox is killed by another’s, a most just provision is made: namely, that if it happened unexpectedly and by sudden accident, they should divide the dead ox between them, and, after selling the live one, each should take half the price. However, if the ox was known to be savage, its owner must face a greater penalty by paying its full price. This is because he ought to have anticipated the harm and thus was not as considerate as he should have been, thereby giving rise to the injury.