Exodus 22:5

5 And if any one should feed down a field or a vineyard, and should send in his beast to feed down another field, he shall make compensation of his own field according to his produce; and if he shall have fed down the whole field, he shall pay for compensation the best of his own 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 But if the sun be risen upon him, he is guilty, he shall die instead; and if a thief have nothing, let him be sold in compensation for what he has stolen.

4 And if the thing stolen be left and be in his hand alive, whether ox or sheep, he shall restore them two-fold.

5 And if any one should feed down a field or a vineyard, and should send in his beast to feed down another field, he shall make compensation of his own field according to his produce; and if he shall have fed down the whole field, he shall pay for compensation the best of his own field and the best of his vineyard.

6 And if fire have gone forth and caught thorns, and should also set on fire threshing-floors or ears of corn or a field, he that kindled the fire shall make compensation.

7 And if any one give to his neighbour money or goods to keep, and they be stolen out of the man's house, if the thief be found he shall repay double.