EXPOSITION
II. LAWS CONNECTED WITH RIGHTS OF PROPERTY (verses 33-36). From the consideration of injuries to the person, the legislator proceeds to treat of injuries to property, and, as he has been speaking of cattle under the one head, places cattle in the fore-front of the other. In this chapter two enactments only are made—one providing compensation in the case of a man' s cattle being killed by falling into the pit, or well, of a neighbour (verses 33, 34); and the other making provision for the case of one man' s cattle killing the cattle of another (verses 35, 36)
If a man shall open a pit. Rather, "If a man shall uncover a cistern." Cisterns, very necessary in Palestine, were usually closed by a flat-stone, or a number of planks. To obtain water from them, they had to be uncovered; but it was the duty of the man who uncovered them, to replace the covering when his wants were satisfied. Or dig a pit and not cover it. A man who was making a cistern might neglect to cover it while it was in course of construction, or even afterwards, if he thought his own cattle would take no hurt. But in the unfenced fields of Palestine it was always possible that a neighbour' s cattle might go astray and suffer injury through such a piece of negligence. An ox, or an ass, falling into a cistern, would be unable to extricate itself, and might be drowned.
The owner of the pit shall make it good—i.e; "shall duly compensate the owner of the cattle for its loss." And the dead beast shall be his. Having paid the full price of the slain beast, the owner of the cistern was entitled to its carcase.
If one man' s ox hurt another' s, etc. The hurt might be purely accidental, and imply no neglect. In that ease the two parties were to divide the value of the living, and also of the dead ox—i.e; they were to share between them the loss caused by the accident equally. If, however, there was neglect, if the aggressive animal was known to be of a vicious disposition, then the man who had suffered the loss was to receive the full value of the slain animal, but to lose his share of the carcase. This explanation, which the words of the text not only admit, but invite, seems better than the Rabbinical one, "that the dead ox should also be the property of the injured party."
HOMILETICS
The guilt of neglect.
Sins of omission are thought lightly of by most men; but God holds us answerable for them, as much as for sins of commission. The Psalmist defines the wicked man as one who neglects to "set himself in any good way." The neglect of the Israelites to cover their wells, or keep their cattle from goring others was to be heavily punished. Neglect and carelessness are culpable—
I. BECAUSE THEIR EFFECTS ARE AS RUINOUS AS THOSE OF MALICE AND EVIL INTENT. Carelessness and neglect of precautions may set a town on fire and burn hundreds in their beds. Or it may spread a loathsome and dangerous disease through a whole district. Or it may destroy the cattle of a whole county. Or it may allow moral evil to have free course, until an entire nation is sunk in corruption. Or, again, it may endanger our own lives, or destroy our souls. It is a question whether more evil does not actually result from carelessness than from deliberate intent. Youth is naturally careless. Desultory habits intensify carelessness. A deficient sense of the seriousness of life encourages and fosters it. Advanced civilisation, with its foppishness and superciliousness, developes its growth. The present age asks, "Is anything worth caring about?"—and is deaf to the Prophet' s words, "Tremble and be troubled, ye careless ones" (Isaiah 32:11).
II. BECAUSE GOD HAS IMPLANTED IN US FACULTIES OF PREVISION AND CALCULATION OF CONSEQUENCES, WHICH WERE INTENDED TO PREVENT OUR BEING CARELESS AND NEGLIGENT. Man differs from the lower animals chiefly in the possession of reason; and it is an essential part of human reason to look to the future, to forecast results, and calculate the balance of ultimate advantage and disadvantage. We know instinctively that our happiness depends on our actions; and it is therefore wholly unreasonable to be careless about how we act. If we have faculties which we might use and refuse to use them, God will be righteous to punish us for despising his gifts.
III. BECAUSE GOD HAS EXPRESSLY WARNED US AGAINST BEING CARELESS, AND EXHORTED US TO PRUDENCE AND FORETHOUGHT. "I will send a fire among them that dwell carelessly," said the Lord by Ezekiel. "Rise up, ye women that are at ease; hear my voice, ye careless daughters; give ear unto my speech; many days and years shall ye be troubled, ye careless women," are God' s words by Isaiah. "Go to the ant, thou sluggard," exclaims the wise man, "consider her ways and be wise." And again "Ponder the path of thy feet, and let all thy ways be established—keep thy heart with diligence—remove thy feet from evil." A careful cautious walk through the dangers and difficulties of life is everywhere enjoined upon us in the Scriptures; and we are plainly disobedient if we are careless.