Exodus 22:4

4 "The robber who is caught must pay back what he stole. If he owns nothing, he must be sold as a slave to pay for what he stole. If the stolen animal is found alive with the robber, he must give the owner two animals for every animal he stole, whether it was a bull, donkey, or sheep. "If a thief is killed while breaking into a house at night, the one who killed him is not guilty of murder. But if this happens during the day, he is guilty of murder.

Exodus 22:4 Meaning and Commentary

Exodus 22:4

If the theft be certainly found in his hand alive
Or, "in finding be found" F9, be plainly and evidently found upon him, before witnesses, as the Targum of Jonathan; so that there is no doubt of the theft; and it is a clear case that he had neither as yet killed nor sold the creature he had stolen, and to could be had again directly, and without any damage well as it would appear by this that he was not an old expert thief, and used to such practices, since he would soon have made away with this theft in some way or another:

whether it be ox, or ass, or sheep,
or any other creature; and even, as Jarchi thinks, anything else, as raiment, goods

he shall restore double;
two oxen for an ox, two asses for an ass, and two sheep for a sheep: and, as the same commentator observes, two living ones, and not dead ones, or the price of two living ones: so Solon made theft, by his law, punishable with death, but with a double restitution F11; and the reason why here only a double restitution and not fourfold is insisted on, as in ( Exodus 22:1 ) is, because there the theft is persisted in, here not; but either the thief being convicted in his own conscience of his evil, makes confession, or, however, the creatures are found with alive, and so more useful being restored, and, being had again sooner, the loss is not quite so great.


FOOTNOTES:

F9 (aumt aumh) "inveniendo inventum fuerit", Pagninus, Montanus, Piscator.
F11 A. Gell, l. 11. c. 18.

Exodus 22:4 In-Context

4 "The robber who is caught must pay back what he stole. If he owns nothing, he must be sold as a slave to pay for what he stole. If the stolen animal is found alive with the robber, he must give the owner two animals for every animal he stole, whether it was a bull, donkey, or sheep. "If a thief is killed while breaking into a house at night, the one who killed him is not guilty of murder. But if this happens during the day, he is guilty of murder.
5 "If a man lets his farm animal graze in his field or vineyard, and it wanders into another man's field or vineyard, the owner of the animal must pay back the loss from the best of his crop.
6 "Suppose a man starts a fire that spreads through the thornbushes to his neighbor's field. If the fire burns his neighbor's growing grain or grain that has been stacked, or if it burns his whole field, the person who started the fire must pay for what was burned.
Scripture taken from the New Century Version. Copyright © 1987, 1988, 1991 by Thomas Nelson, Inc. Used by permission. All rights reserved.