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Laws of Restitution22 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 Laws16 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.
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7. If a man shall deliver unto his neighbor money. It is here determined under what circumstances an action for theft would lie in case of a deposit, viz., if an inanimate thing, as a garment or furniture, be given ill charge, and the person with whom it is deposited should allege that it is stolen, God commands that, if the thief be discovered, he should pay double; but, if not, that an oath should be required of the man who declares that the thing has been stolen from him. But, if it be an animal that was given in charge, a somewhat different provision is made, viz., that if it have been violently carried away, or torn by beasts, the person with whom it was deposited should be free; but if it had been stolen, that he should make restitution. In order to understand the principle of this law, we must observe that depositaries are not to be compelled to do more than faith. fully preserve the thing entrusted to them; just as a prudent and careful father of a family is attentive to the preservation of his property. When they have acquitted themselves diligently in this respect, it would be unjust to require more, of them; otherwise, when they undertake the burden of this gratuitous office, their generosity would be an injury to themselves. But, since it is not so easy to steal an animal from the stall, or from the hands of the shepherd, the negligence of the shepherd betrays itself in the loss of the beast, 139139 “Que la beste se soit esvanouye sans qu’il en ait rien sceu;” in that the beast has vanished without his knowing anything about it. — Fr. supposing no violence to have been used. Justice, then, is done in both cases, i e., that the depository shall not make good a vessel, or money, or a garment, because this would be in a manner to put him in the place of the thief; but that if the animal be stolen he shall pay its price, unless he can cleat’ himself of carelessness. If any should think that too great indulgence is shown to the depositary, when God would have the dispute terminated by his oath; the reply is easy, that we do not entrust anything to be kept by another, unless we are persuaded of his honesty. Whoever, then, has chosen a guardian for his property, has borne witness to his own prejudice that he is a good and trustworthy man; and consequently, it would be absurd that he should soon afterwards be involved in all accusation of theft without proof. Wherefore it was reasonable that God would have the owner of the lost goods acquiesce in the oath of him. whom he has considered to be his faithful friend. Besides, a man is altogether acquitted who clears himself by calling God to witness his innocence, unless any sinister suspicion is alleged against him, and provided he excuses himself on probable evidence. |