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Laws of Restitution

22

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.


5. If a man shall cause a field or vineyard to be eaten. This kind of fraud is justly ranked among thefts; viz., if any man shall have put in his beast to feed in another’s field or vineyard. For if a person have made improper use of his servant to steal by him, he himself is deemed guilty of the offense, even although he may have touched nothing with his own hand; nor does he less do wrong who has given occasion of injury by means of a brute. Still, God restricts the punishment to a compensation of double the amount, because it cannot be certainly established that the master of the animal desired to effect the damage fraudulently and designedly; yet He requires the loss to be made up at the highest estimate of its value; 138138     C.’s view of these words seems to be adopted by none of the commentators. They understand them more simply, that the restitution was to be made in kind, and of the best of the aggressor’s produce. Whether we read with C. “bonum agri,” or with others “de bono,” or “de optimo,” as Dathe and A. V., does not appear to affect this sense. for thus I interpret “the goodness of his field and his vineyard,” that the place having been examined, a liberal restitution shall be awarded to its owner, according to the utmost it would have probably produced in its greatest state of fertility.


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