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Laws of Restitution

When someone steals an ox or a sheep, and slaughters it or sells it, the thief shall pay five oxen for an ox, and four sheep for a sheep. The thief shall make restitution, but if unable to do so, shall be sold for the theft.

² If a thief is found breaking in, and is beaten to death, no bloodguilt is incurred; ³but if it happens after sunrise, bloodguilt is incurred.

⁴When the animal, whether ox or donkey or sheep, is found alive in the thief’s possession, the thief shall pay double.

⁵ When someone causes a field or vineyard to be grazed over, or lets livestock loose to graze in someone else’s field, restitution shall be made from the best in the owner’s field or vineyard.

⁶ When fire breaks out and catches in thorns so that the stacked grain or the standing grain or the field is consumed, the one who started the fire shall make full restitution.

⁷ When someone delivers to a neighbor money or goods for safekeeping, and they are stolen from the neighbor’s house, then the thief, if caught, shall pay double. ⁸If the thief is not caught, the owner of the house shall be brought before God, to determine whether or not the owner had laid hands on the neighbor’s goods.

⁹ In any case of disputed ownership involving ox, donkey, sheep, clothing, or any other loss, of which one party says, “This is mine,” the case of both parties shall come before God; the one whom God condemns shall pay double to the other.

¹⁰ When someone delivers to another a donkey, ox, sheep, or any other animal for safekeeping, and it dies or is injured or is carried off, without anyone seeing it, ¹¹an oath before the L ord shall decide between the two of them that the one has not laid hands on the property of the other; the owner shall accept the oath, and no restitution shall be made. ¹²But if it was stolen, restitution shall be made to its owner. ¹³If it was mangled by beasts, let it be brought as evidence; restitution shall not be made for the mangled remains.

¹⁴ When someone borrows an animal from another and it is injured or dies, the owner not being present, full restitution shall be made. ¹⁵If the owner was present, there shall be no restitution; if it was hired, only the hiring fee is due.

Social and Religious Laws

¹⁶ When a man seduces a virgin who is not engaged to be married, and lies with her, he shall give the bride-price for her and make her his wife. ¹⁷But if her father refuses to give her to him, he shall pay an amount equal to the bride-price for virgins.

¹⁸ You shall not permit a female sorcerer to live.

¹⁹ Whoever lies with an animal shall be put to death.

²⁰ Whoever sacrifices to any god, other than the L ord alone, shall be devoted to destruction.

²¹ You shall not wrong or oppress a resident alien, for you were aliens in the land of Egypt. ²²You shall not abuse any widow or orphan. ²³If you do abuse them, when they cry out to me, I will surely heed their cry; ²⁴my wrath will burn, and I will kill you with the sword, and your wives shall become widows and your children orphans.

²⁵ If you lend money to my people, to the poor among you, you shall not deal with them as a creditor; you shall not exact interest from them. ²⁶If you take your neighbor’s cloak in pawn, you shall restore it before the sun goes down; ²⁷for it may be your neighbor’s only clothing to use as cover; in what else shall that person sleep? And if your neighbor cries out to me, I will listen, for I am compassionate.

²⁸ You shall not revile God, or curse a leader of your people.

²⁹ You shall not delay to make offerings from the fullness of your harvest and from the outflow of your presses.

The firstborn of your sons you shall give to me. ³⁰You shall do the same with your oxen and with your sheep: seven days it shall remain with its mother; on the eighth day you shall give it to me.

³¹ You shall be people consecrated to me; therefore you shall not eat any meat that is mangled by beasts in the field; you shall throw it to the dogs.

New Revised Standard Version Bible, copyright 1989, Division of Christian Education of the National Council of the Churches of Christ in the United States of America. Used by permission. All rights reserved.

Thus far God has proclaimed Himself the avenger of iniquities, and, citing thieves before His tribunal, has threatened them with eternal death. Now follow the civil laws, the principle of which is not so exact and perfect; since in their enactment God has relaxed His just severity in consideration of the people’s hardness of heart.

What God formerly delivered to His people the heathen legislators afterwards borrowed. Draco, indeed, was more severe, but his extreme rigor became obsolete by the silent consent of the people of Athens; and the Decemvirs borrowed from Solon part of their law, which they published in the ten tables, although there were some variations in the distinction of the double or quadruple restitution, and in process of time other alterations were afterwards made. But if all things be duly considered, it will be found that both Solon and the Decemvirs have made a change for the worse, wherever they have varied from the law of God. First of all, no distinction ¹³²¹³² The negative added from Fr. See A. Gell. 11:18. is here made, such as the Roman laws decree, between manifest thieves and those that are not manifest; for by them the thief not manifest is condemned to a double amend, and the manifest to quadruple; and he is called a manifest thief who is caught before he has carried what he has stolen to the place of its destination. I suppose that the awarders of the punishment had this point in view, that the wickedness of that person was the more egregious who was so greedily and anxiously set on his prey as not to be afraid of disgrace; and undoubtedly he who has no fear of shame is more audacious ill sin. But, on the contrary, God condemns to a double amend those upon whom the stolen goods were found; and to quadruple, those who had killed or sold it; and deservedly so, because greater obstinacy in crime betrays itself where the theft is turned to profit, nor is there any hope of repentance; and thus by this further process the crime of dishonesty is doubled. It might be that, immediately after the offense, the thief should be alarmed; but he who had dared to kill the stolen animal or to sell it, is altogether hardened in his sin. Besides, the more difficult its investigation is, the greater is the punishment which a misdemeanor deserves. Meanwhile, it is to be remembered, that the pecuniary fine imposed upon thieves did not free them from guilt; for, as Marcellus says, ¹³³¹³³ “Il est dit en la loy;” it is said in the law. — Fr. not even the president of a province can bring it to pass, that infamy should not pursue a man condemned of theft; and there was no need of establishing by law that in which all by nature are agreed. Thus, when God punished thieves by a fine, He left them still marked by infamy. I know not whether they ¹³⁴¹³⁴ This first opinion is “that (says Corn. a Lapide) of S. Thomas, 1:2. q. 105, art. 2. ad 9., after Strabo; God commands that a thief should restore five oxen for one, because the ox has five utilities; first, it is killed in sacrifice; secondly, its flesh is eaten; thirdly, it ploughs; fourthly, it gives milk; fifthly, it supplies leather; — whilst a sheep only has four advantages; for, first, it is slain in sacrifice; secondly, its flesh is eaten; thirdly, it gives milk; fourthly, it gives wool.” The second opinion is attributed to Junius by Willet, “oportet hunc furem audacem, et versutum esse.” assign the true cause why he who had stolen an ox is fined to a larger amount than he who had stolen a goat, or sheep, or other cattle, who say that the loss of the owner is taken into account to whom the labor of the ox is especially useful in agriculture; for what is said as to an ox I extend to cows and the whole herd. Those seem to come nearer to the truth who say the audacity of the thief is punished who, when he stole the larger animal, did not fear being observed by witnesses; yet it seems to me more likely that the different sentence depended on the price of the article; for assuredly it is more reasonable that he who has done the most harm should be exposed to the greater punishment.

¹³² The negative added from Fr. See A. Gell. 11:18.

¹³³ “Il est dit en la loy;” it is said in the law. — Fr.

¹³⁴ This first opinion is “that (says Corn. a Lapide) of S. Thomas, 1:2. q. 105, art. 2. ad 9., after Strabo; God commands that a thief should restore five oxen for one, because the ox has five utilities; first, it is killed in sacrifice; secondly, its flesh is eaten; thirdly, it ploughs; fourthly, it gives milk; fifthly, it supplies leather; — whilst a sheep only has four advantages; for, first, it is slain in sacrifice; secondly, its flesh is eaten; thirdly, it gives milk; fourthly, it gives wool.” The second opinion is attributed to Junius by Willet, “oportet hunc furem audacem, et versutum esse.”