Exodus 22:4

4 "What if the stolen ox, donkey or sheep is found alive with him? Then the thief must pay back twice as much as he stole.

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

2 "Suppose you catch a thief breaking into your house. And suppose you hit the thief and kill him. Then you are not guilty of murder.
3 But suppose it happens after the sun has come up. Then you are guilty of murder. "A thief must pay for what he has stolen. But suppose he does not have anything. Then he must be sold to pay for what he has stolen.
4 "What if the stolen ox, donkey or sheep is found alive with him? Then the thief must pay back twice as much as he stole.
5 "Suppose a man lets his livestock eat grass in someone else's field or vineyard. Then he must pay that person back from the best crops of his own field or vineyard.
6 "Suppose a fire breaks out and spreads into bushes. It burns grain that has been cut and stacked. Or it burns grain that is still growing. Or it burns the whole field. Then the one who started the fire must pay for the loss.
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