Exodus 22:5

5 “If an animal is grazing in a field or vineyard and the owner lets it stray into someone else’s field to graze, then the animal’s owner must pay compensation from the best of his own grain or grapes.

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 it happens in daylight, the one who killed the thief is guilty of murder. “A thief who is caught must pay in full for everything he stole. If he cannot pay, he must be sold as a slave to pay for his theft.

4 If someone steals an ox or a donkey or a sheep and it is found in the thief’s possession, then the thief must pay double the value of the stolen animal.

5 “If an animal is grazing in a field or vineyard and the owner lets it stray into someone else’s field to graze, then the animal’s owner must pay compensation from the best of his own grain or grapes.

6 “If you are burning thornbushes and the fire gets out of control and spreads into another person’s field, destroying the sheaves or the uncut grain or the whole crop, the one who started the fire must pay for the lost crop.

7 “Suppose someone leaves money or goods with a neighbor for safekeeping, and they are stolen from the neighbor’s house. If the thief is caught, the compensation is double the value of what was stolen.