Exodus 22:5

5 "Whenever someone lets his livestock graze in a field or a vineyard, and they stray and graze in another person's field, he must make up for what the damaged field was expected to produce. But if he lets them ruin the whole field with their grazing, he must make up from his own field for the loss with the best from his field and vineyard.

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 But if it happens after sunrise, he is guilty of murder. "A thief must make up for what he has stolen. If he is unable to do so, he must be sold [as a slave] to pay for what he stole.

4 But if the stolen animal is found alive in his possession, whether it's a bull, donkey, or a sheep, he must make up for the loss with double the amount.

5 "Whenever someone lets his livestock graze in a field or a vineyard, and they stray and graze in another person's field, he must make up for what the damaged field was expected to produce. But if he lets them ruin the whole field with their grazing, he must make up from his own field for the loss with the best from his field and vineyard.

6 "Whenever a fire starts and spreads into the underbrush so that it burns up stacked or standing grain or ruins a field, the person who started the fire must make up for the loss.

7 "This is what you must do whenever someone gives his neighbor silver or [other] valuables to keep for him, and they are stolen from that person's house: If the thief is caught, he must make up for the loss with double the amount.