Exodus 22:5

5 "If someone lets his animals graze in a field or a vineyard and they stray away and eat up the crops growing in someone else's field, he must make good the loss with the crops from his own fields or vineyards.

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

5 "If someone lets his animals graze in a field or a vineyard and they stray away and eat up the crops growing in someone else's field, he must make good the loss with the crops from his own fields or vineyards.

6 "If someone starts a fire in his own field and it spreads through the weeds to someone else's field and burns up grain that is growing or that has been cut and stacked, the one who started the fire is to pay for the damage.

7 "If anyone agrees to keep someone else's money or other valuables for him and they are stolen from his house, the thief, if found, shall repay double.

Footnotes

• [a]. If . . . crops; [or] If someone burns off a field or a vineyard, and lets the fire get out of control and burn up the crops.