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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.

10. If a man deliver unto his neighbor an ass. Since in the passage from whence I have taken these four verses, mention is made of a deposit, and Moses is professedly providing against frauds, and robberies, and thefts, I have thought it well to place them under this head. It has indeed some relation to the Third Commandment, because it shows the lawful use of an oath, viz., that in matters of concealment men should have recourse to the witness of God, and that, by the interposition of His sacred name, an end should be put to their strife. But, while the authority attributed to oaths depends on the reverence due to God, at the same time faith and piety are enforced in them, ¹⁴⁰¹⁴⁰ For these latter words, which I hardly understand, the following are substituted in Fr., “Cela touche quant et quant a son service et religion.” so that all things should correspond. I have, however, considered the main point, i e., how controversies as to things concealed should be brought to an end for the advancement of peace and equity. He would therefore have the depositary acquitted, if he swears that the animal entrusted to him is lost (either by death or violence, ¹⁴¹¹⁴¹ Added from Fr. ) although lie should produce no witness of the matter, since it would be unjust that he should bear the blame, unless fraud, or some more palpable offense, have been committed by him. At the conclusion, then, it is said, “the owner of it shall accept” the oath, which is equivalent to saying, that lie shall be compelled to acquiesce, and shall give no more trouble about it. The expression, “an oath of the Lord shall be between them both,” is a remarkable one, whereby the obligation and sanctity of an oath are enforced, whilst Moses reminds us that God is the author of this sacred mode of attestation, and presides over it as its judge and avenger.

Moses now lays down the law as to a borrowed animal, if it die, or be mutilated, or injured. There is, however, a wide distinction between a thing borrowed and a thing deposited, for he who lends confers a favor; and therefore, when a man borrows a thing, he binds himself to restore it in safety, as far as in him lies. A distinction, however, is made, if the owner himself of the animal be an eye-witness of the death or fracture, he shall bear the loss; but if the animal should die or be injured in his absence, its value is awarded to him. His presence is tantamount to this, as if it were said, if he shall have seen with his own eyes that the injury did not occur by the fault of him to whom he lent it, then he shall give him no trouble about it. For instance, if you have lent me a horse, and take the journey with me, although anything untoward should happen — supposing you are assured that it did not occur by my temerity, or negligence, or bad management, I am free, and exempt from loss.

What is here laid down as to a borrowed animal must be applied also to all other things borrowed.