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22. Protection of Property

¹ In Hebrew texts 22:1 is numbered 21:37, and 22:2-31 is numbered 22:1-30.“Whoever steals an ox or a sheep and slaughters it or sells it must pay back five head of cattle for the ox and four sheep for the sheep.

² “If a thief is caught breaking in at night and is struck a fatal blow, the defender is not guilty of bloodshed; ³ but if it happens after sunrise, the defender is guilty of bloodshed.

“Anyone who steals must certainly make restitution, but if they have nothing, they must be sold to pay for their theft. ⁴ If the stolen animal is found alive in their possession—whether ox or donkey or sheep—they must pay back double.

⁵ “If anyone grazes their livestock in a field or vineyard and lets them stray and they graze in someone else’s field, the offender must make restitution from the best of their own field or vineyard.

⁶ “If a fire breaks out and spreads into thornbushes so that it burns shocks of grain or standing grain or the whole field, the one who started the fire must make restitution.

⁷ “If anyone gives a neighbor silver or goods for safekeeping and they are stolen from the neighbor’s house, the thief, if caught, must pay back double. ⁸ But if the thief is not found, the owner of the house must appear before the judges, and they must Or before God, and he will determine whether the owner of the house has laid hands on the other person’s property. ⁹ In all cases of illegal possession of an ox, a donkey, a sheep, a garment, or any other lost property about which somebody says, ‘This is mine,’ both parties are to bring their cases before the judges. Or before God The one whom the judges declare Or whom God declares guilty must pay back double to the other.

¹⁰ “If anyone gives a donkey, an ox, a sheep or any other animal to their neighbor for safekeeping and it dies or is injured or is taken away while no one is looking, ¹¹ the issue between them will be settled by the taking of an oath before the LORD that the neighbor did not lay hands on the other person’s property. The owner is to accept this, and no restitution is required. ¹² But if the animal was stolen from the neighbor, restitution must be made to the owner. ¹³ If it was torn to pieces by a wild animal, the neighbor shall bring in the remains as evidence and shall not be required to pay for the torn animal.

¹⁴ “If anyone borrows an animal from their neighbor and it is injured or dies while the owner is not present, they must make restitution. ¹⁵ But if the owner is with the animal, the borrower will not have to pay. If the animal was hired, the money paid for the hire covers the loss.

Social Responsibility

¹⁶ “If a man seduces a virgin who is not pledged to be married and sleeps with her, he must pay the bride-price, and she shall be his wife. ¹⁷ If her father absolutely refuses to give her to him, he must still pay the bride-price for virgins.

¹⁸ “Do not allow a sorceress to live.

¹⁹ “Anyone who has sexual relations with an animal is to be put to death.

²⁰ “Whoever sacrifices to any god other than the LORD must be destroyed. The Hebrew term refers to the irrevocable giving over of things or persons to the LORD, often by totally destroying them.

²¹ “Do not mistreat or oppress a foreigner, for you were foreigners in Egypt.

²² “Do not take advantage of the widow or the fatherless. ²³ If you do and they cry out to me, I will certainly hear their cry. ²⁴ My anger will be aroused, and I will kill you with the sword; your wives will become widows and your children fatherless.

²⁵ “If you lend money to one of my people among you who is needy, do not treat it like a business deal; charge no interest. ²⁶ If you take your neighbor’s cloak as a pledge, return it by sunset, ²⁷ because that cloak is the only covering your neighbor has. What else can they sleep in? When they cry out to me, I will hear, for I am compassionate.

²⁸ “Do not blaspheme God Or Do not revile the judges or curse the ruler of your people.

²⁹ “Do not hold back offerings from your granaries or your vats. The meaning of the Hebrew for this phrase is uncertain.

“You must give me the firstborn of your sons. ³⁰ Do the same with your cattle and your sheep. Let them stay with their mothers for seven days, but give them to me on the eighth day.

³¹ “You are to be my holy people. So do not eat the meat of an animal torn by wild beasts; throw it to the dogs.

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.