John Calvin Commentary Exodus 22:5

"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)

If a man shall cause a field or vineyard to be eaten. This kind of fraud is justly ranked among thefts; namely, if any man has put in his animal to feed in another’s field or vineyard. For if a person has made improper use of his servant, using him to steal, he himself is deemed guilty of the offense, even though he may have touched nothing with his own hand; nor does he who has caused injury through an animal do any less wrong. Still, God restricts the punishment to a compensation of double the amount, because it cannot be certainly established that the master of the animal intended to cause the damage fraudulently and intentionally; yet He requires the loss to be made up at the highest estimate of its value; ¹³⁸ for this is how I interpret the goodness of his field and his vineyard: that after the place has been examined, generous restitution is to be awarded to its owner, according to the maximum it would likely have produced at its peak fertility.

¹³⁸ C.’s view of these words seems to be adopted by none of the commentators. They understand them more simply, that the restitution was to be made in kind, and of the best of the aggressor’s produce. Whether we read with view of these words seems to be adopted by none of the commentators. They understand them more simply, that the restitution was to be made in kind, and of the best of the aggressor’s produce. Whether we read with C. “bonum agri,” or with others “de bono,” or “de optimo,” as Dathe and “bonum agri,” or with others “de bono,” or “de optimo,” as Dathe and A. V., does not appear to affect this sense.., does not appear to affect this sense.