Laws on Property (Exodus 22:1-14)

[This section of laws reflects that God did not plan for a system of confinement for punishing crimes in Israel as we do in the West. Instead there is an emphasis on restitution. Restitution has four advantages: 1) Victims are compensated more generously and immediately. 2) The offender must deal directly with the offended. 3) A repentant offender can continue a productive life immediately upon restitution. 4) Society does not have to provide housing, food, clothing, and medical care for the duration of the offender’s imprisonment. This makes sense for a wandering people but also for a settled people.]

22 “If a man steals an ox or a sheep, and kills it or sells it, he shall repay five oxen for an ox, and four sheep for a sheep. 2 If a thief is found breaking in and is struck so that he dies, there shall be no bloodguilt for him, 3 but if the sun has risen on him, there shall be bloodguilt for him. He shall surely pay. [The difference is a darkness verses daylight difference, of being able to see the thief during the day.] If he has nothing, then he shall be sold for his theft. 4 If the stolen beast is found alive in his possession, whether it is an ox or a donkey or a sheep, he shall pay double. [Judges would extrapolate from these statutes the thefts of other animals or objects.]

5 “If a man causes a field or vineyard to be grazed over, or lets his beast loose and it feeds in another man's field [neglect], he shall make restitution from the best in his own field and in his own vineyard.

6 “If fire breaks out and catches in thorns so that the stacked grain or the standing grain or the field is consumed, he who started the fire shall make full restitution.

7 “If a man gives to his neighbor money or goods to keep safe, and it is stolen from the man's house, then, if the thief is found, he shall pay double. 8 If the thief is not found, the owner of the house shall come near to God to show whether or not he has put his hand to his neighbor's property. 9 For every breach of trust, whether it is for an ox, for a donkey, for a sheep, for a cloak, or for any kind of lost thing, of which one says, ‘This is it,’ the case of both parties shall come before God. The one whom God condemns shall pay double to his neighbor. [Israelites were to accept responsibility for the godly care of property, whether things or animals, whether owned or entrusted. If agreement could not be reached, God would decide by having the parties make an oath to him (v. 11) and letting him take care of the situation in his time.]

10 “If a man gives to his neighbor a donkey or an ox or a sheep or any beast to keep safe, and it dies or is injured or is driven away, without anyone seeing it, 11 an oath by the Lord shall be between them both to see whether or not he has put his hand to his neighbor's property. The owner shall accept the oath, and he shall not make restitution. 12 But if it is stolen from him, he shall make restitution to its owner. 13 If it is torn by beasts, let him bring it as evidence. He shall not make restitution for what has been torn.

14 “If a man borrows anything of his neighbor, and it is injured or dies, the owner not being with it, he shall make full restitution. 15 If the owner was with it, he shall not make restitution; if it was hired, it came for its hiring fee.