Exodus 22:1

1 If any man stealeth a sheep, or (an) ox, and slayeth, or selleth (it), he shall restore five oxen for one ox, and four sheep for one sheep.

Exodus 22:1 Meaning and Commentary

Exodus 22:1

If a man shall steal an ox or a sheep
In which the substance of men chiefly lay in those times, and particularly the people of Israel, who were now come out of Egypt, with their flocks and herds, and these lying near together, were the more liable to be stolen; and hence also the laws in the preceding chapter concerning oxen and damages done by them, and oxen and sheep are only mentioned; perhaps chiefly because used in sacrifice, as well as serviceable for other things; not but that stealing other cattle and other things were criminal and forbidden, and to be punished in proportion:

and kill it, or sell it;
either of which cases would plainly show that he took it away with an intention to deprive the owner of it, and to convert it to his own use:

he shall restore five oxen for an ox,
and four sheep for a sheep; the reason of this difference, five being obliged to be given for the one, and but four for the other, is, because the one was more valuable than the other, as well as more useful, and also more easily stolen, and therefore the greater mulct or fine was laid upon the theft of it, to deter from it: the Targum of Jonathan expresses the reason of the law thus; five for oxen, because the theft of them hindered from ploughing, or made to cease from it; and for sheep but four, because there was trouble in the theft of them, and there was no tillage or agriculture by them: and Saadiah Gaon observes, that the damage that comes to the owner of the ox is more than that by a lamb, because with it, the ox, he ploughs, which is a creature that was used in those countries to be employed in that service, as well as in treading out the corn: Maimonides F21 accounts for it thus,

``the restitution of the theft of oxen is increased by one, because the theft of them is easy; sheep are fed in flocks, and are easily kept and watched, and can scarcely be taken away by theft but in the night; but oxen are fed scattered here and there, and therefore cannot be so easily kept by the herdsmen; hence also their theft used to be more common:''

four fold restitution was in use with the ancient Persians, with whom it was a rule,

``whoever took any substance of another, in retaliation they took fourfold from him, and if he restored it, he gave fourfold of the same F23.''


FOOTNOTES:

F21 Moreh Nevochim, par. 3. c. 41.
F23 Lib. Shed-dar, apud Hyde Relig. Vet. Pers. p. 472.

Exodus 22:1 In-Context

1 If any man stealeth a sheep, or (an) ox, and slayeth, or selleth (it), he shall restore five oxen for one ox, and four sheep for one sheep.
2 And if a night thief breaking (into) an house, either undermining (it), is found (out), and he taken is (made) dead by a wound, or hurt (and when he is caught, he dieth from a wound), the smiter shall not be guilty of his blood, or death;
3 that if he did this when the sun was risen, he did manslaying, and he shall die (but if the lord of the house did this when the sun was up, he hath done manslaughter, and he shall be put to death). If a thief have not that, that he shall yield for [the] theft, he shall be sold (to make recompense);
4 if that thing that he stole, is found quick at him, either ox, either ass, either sheep, he shall restore the double. (if what he stole, is found alive with him, either an ox, or a donkey, or a sheep, he shall restore double what he stole.)
5 If a man harmeth a field, or a vinery, and suffereth his beast, that it waste other men's things (If anyone harmeth a field, or a vineyard, by allowing his beast to destroy another person's things), he shall restore for the value of [the] harm (done), (with) the best thing(s) (of) whatever he hath in his (own) field, either in his (own) vinery.
Copyright © 2001 by Terence P. Noble. For personal use only.