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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.

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.

9. For all manner of trespass. An action for theft is here permitted, but with a fine attached if any should rashly accuse his neighbor; for else it might be doubted when or for what reasons the restitution of double or quadruple was to be required. He therefore permits that if any one suspects another of theft, he should summon that person to plead his cause; and if he should prove his case, that he should recover double the thing lost; but if the judges should pronounce that he had brought his action groundlessly, that he, on the contrary, should pay the penalty of his false accusation. For such an action as this is not altogether a civil one, but carries with it the stain of infamy, and thus it would be unjust that a man should be injured by false suspicions whom the judges acquit of crime. The word used here for judges is אלהים, elohim, which properly means gods, as being of the plural number; it is, however often used for God. ¹³⁷¹³⁷ “Le Dieu vivant.” — Fr. It is transferred to judges for the purpose of dignifying their office; because in it they represent the person of God, in whose hand alone is all dominion and power. Therefore Christ says they were called gods, because to them “the word of God came,” (John 10:34,) i.e., that they should preside in His name, and be set over others, on which subject we treated under the Fifth Commandment.