Exodus 22:5

5 If a man shall cause a field or vineyard to be eaten, and put in his cattle, and pasture in another man's field, of the best of his own field, and of the best of his own vineyard shall he make [it] good.

Exodus 22:5 Meaning and Commentary

Exodus 22:5

If a man shall cause a field or vineyard to be eaten
Which is not his own, by putting cattle into it to feed upon it, as it is explained in the next clause:

and shall put in his beast, and shall feed in another man's field;
do damage in one or both those two ways, either by his feet treading down the grass and fruits of the earth, which the Rabbins, as Jarchi says, think, is meant by putting in his beast; or with his beast eating up the same, which is intended by the latter phrase:

of the best of his own field, and of the best of his own vineyard,
shall he make restitution
for what damage is done by his beast in his neighbour's field or vineyard; and this held good of any garden or orchard injured in like manner; and it is a general rule with the Jews, that when any damage is sustained, he that does the damage is obliged to pay with the best the earth produces ^F12, even though better than was the man's that suffered the loss, that for the future he might be more careful of doing injury to another ^F13.

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FOOTNOTES:

F12 Misc. Bava Kama, c. 1. sect. 1.
F13 Bartenora in Misn. Gittin, c. 5. sect. 1.

Exodus 22:5 In-Context

3 If the sun be risen on him, there shall be blood-guiltiness for him; he should have made full restitution: if he had nothing, he would have been sold for his theft.

4 If the stolen thing be actually found alive in his hand, whether it be ox, or ass, or sheep, he shall restore double.

5 If a man shall cause a field or vineyard to be eaten, and put in his cattle, and pasture in another man's field, of the best of his own field, and of the best of his own vineyard shall he make [it] good.

6 -- If fire break out, and seize the thorns, and the stacks of corn, or the standing corn, or the field be consumed, he that kindled the fire shall fully make it good.

7 -- If a man deliver unto his neighbour money or stuff to keep, and it be stolen out of the man's house; if the thief be found, let him restore double;