Exodus 22:5

5 If a man shall cause a field or vineyard to be eaten, and shall put in his beast, and shall feed in another man's field: of the best of his own field, and of the best of his own vineyard shall he make restitution.

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 If the sun shall have risen upon him, [there shall be] blood [shed] for him: [for] he should make full restitution; if he have nothing, then he shall be sold for his theft.
4 If the theft shall be certainly found in his hand alive, whether an ox, or ass, or sheep; he shall restore double.
5 If a man shall cause a field or vineyard to be eaten, and shall put in his beast, and shall feed in another man's field: of the best of his own field, and of the best of his own vineyard shall he make restitution.
6 If fire shall break out, and catch in thorns, so that the stacks of corn, or the standing corn, or the field shall be consumed; he that kindled the fire shall surely make restitution.
7 If a man shall deliver to his neighbor money or stuff to keep, and it be stolen out of the man's house; if the thief shall be found, let him pay double.
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