Exodus 22:5

5 " 'If a man grazes [his livestock] in a field or a vineyard and he releases his livestock and it grazes in the field of another, he will make restitution [from] the best of his field and the best of his 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 (If the sun has risen over him, [there is] bloodguilt for him. He will make full restitution. If {he does not have enough}, he will be sold for his theft.

4 If indeed the stolen item is found {in his possession} alive, from ox to donkey to small livestock, he will make double restitution.

5 " 'If a man grazes [his livestock] in a field or a vineyard and he releases his livestock and it grazes in the field of another, he will make restitution [from] the best of his field and the best of his vineyard.

6 " 'If a fire is started and finds thorn bushes and a stack of sheaves or the standing grain or the field is consumed, the one who started the fire will surely make restitution.

7 " 'If a man gives to his neighbor money or objects to watch over and it is stolen from the house of the man, if the thief is found, he will make double restitution.