Albert Barnes Commentary Exodus 22
Albert Barnes Commentary
Exodus 22
Albert Barnes Commentary
Exodus 22
"If a man shall steal an ox, or a sheep, and kill it, or sell it; he shall pay five oxen for an ox, and four sheep for a sheep." — Exodus 22:1 (ASV)
The theft of an ox appears to have been regarded as a greater crime than the theft of a sheep, because it showed a stronger purpose in wickedness to take the larger and more powerful animal. It may have been on similar moral ground that the thief, when he had proved his persistence in crime by adding to his theft the slaughter or sale of the animal, had to restore four times its value for a sheep (compare the marginal references) and five times its value for an ox. However, if the animal was still alive in his possession , he only had to make double restitution.
"If the thief be found breaking in, and be smitten so that he dieth, there shall be no bloodguiltiness for him. If the sun be risen upon him, there shall be bloodguiltiness for him; he shall make restitution: if he have nothing, then he shall be sold for his theft. If the theft be found in his hand alive, whether it be ox, or ass, or sheep, he shall pay double." — Exodus 22:2-4 (ASV)
If a thief, breaking into a dwelling at night, was killed, the person who killed him did not incur bloodguilt; but if the same occurred in daylight, the killer was guilty according to Exodus 21:12. The distinction may have been based on the fact that in the light of day there was a reasonable chance of identifying and apprehending the thief.
"If a man shall cause a field or vineyard to be eaten, and shall let his beast loose, and it feed in another man`s field; of the best of his own field, and of the best of his own vineyard, shall he make restitution." — Exodus 22:5 (ASV)
Shall put in his beast, and shall feed - Rather, he shall let his beast go loose, and it shall feed.
"If the thief be not found, then the master of the house shall come near unto God, [to see] whether he have not put his hand unto his neighbor`s goods." — Exodus 22:8 (ASV)
It appears that if the master of the house cleared himself of blame, the loss of the pledged article fell upon its owner.
"For every matter of trespass, whether it be for ox, for ass, for sheep, for raiment, [or] for any manner of lost thing, whereof one saith, This is it, the cause of both parties shall come before God; he whom God shall condemn shall pay double unto his neighbor." — Exodus 22:9 (ASV)
All manner of trespass - The one who was accused, and the one who had lost the stolen property, were both to appear before the judges (Exodus 18:25–26).
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