Exodus 22:5

5 "If a man lets a field or vineyard be grazed bare and lets his animal loose so that it grazes in another man's field, he shall make restitution from the best of his own field and the best of his own 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.


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 has risen on him, there will be bloodguiltiness on his account. He shall surely make restitution; if he owns nothing, then he shall be sold for his theft.
4 "If what he stole is actually found alive in his possession, whether an ox or a donkey or a sheep, he shall pay double.
5 "If a man lets a field or vineyard be grazed bare and lets his animal loose so that it grazes in another man's field, he shall make restitution from the best of his own field and the best of his own vineyard.
6 "If a fire breaks out and spreads to thorn bushes, so that stacked grain or the standing grain or the field itself is consumed, he who started the fire shall surely make restitution.
7 "If a man gives his neighbor money or goods to keep for him and it is stolen from the man's house, if the thief is caught, he shall pay double.
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