John Calvin Commentary Exodus 22:3

"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." — Exodus 22:3 (ASV)

He should make full restitution. These words, as I have said, are connected with the first verse, since here the execution of the punishment is only prescribed; as if God forbade thieves to be spared, but rather that they should pay either twofold or quadruple, or even quintuple, according to the measure of their crime. But if they were unable to pay, He commands them to be sold as slaves, which was also the custom at Rome. Hence the saying of Cato,¹³⁶ "that private thieves lived in bonds and fetters, but public ones in gold and purple." And since this condition was a harsh one, a caution is expressly given that they were not to be absolved on account of their poverty.

If anyone should ask whether it was lawful for the owner of the stolen item to recover double or quadruple its value, I answer that what God awards, a person is fully entitled to. Meanwhile, in equity, people were bound to take care that they did not grow rich at the expense of others; rather, they should apply whatever they gained to pious and holy uses.

¹³⁶ “Sed enim M. Cato in oratione quam de praeda militibus dividenda scripsit, vehementibus et illustribus verbis de impunitate peculatus atque licentia conqueritus. Ea verba, quoniam nobis impense placuerunt, adscripsimus: Fures (inquit) privatorum furtorum in nervo atque in compedibus aetatem agunt: fures autem publici in auto atque in purpura.” — A. Gell. 11 ult..