Exodus 22:5

5 "If a man causes a field or vineyard to be eaten, and lets his animal loose, and it grazes in another man's field, he shall make restitution from the best of his own field, and from the best of his own 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.


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 has risen on him, there shall be guilt of bloodshed for him; he shall make restitution. If he has nothing, then he shall be sold for his theft.
4 If the stolen property is found in his hand alive, whether it is ox, donkey, or sheep, he shall pay double.
5 "If a man causes a field or vineyard to be eaten, and lets his animal loose, and it grazes in another man's field, he shall make restitution from the best of his own field, and from the best of his own vineyard.
6 "If fire breaks out, and catches in thorns so that the shocks of grain, or the standing grain, or the field are consumed; he who kindled the fire shall surely make restitution.
7 "If a man delivers to his neighbor money or stuff to keep, and it is stolen out of the man's house; if the thief is found, he shall pay double.
The Hebrew Names Version is in the public domain.