Exodus 22:4

4 If he still has what he had taken, whatever it is, ox or ass or sheep, he is to give twice its value.

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 If a thief is taken in the act of forcing his way into a house, and his death is caused by a blow, the owner of the house is not responsible for his blood.
3 But if it is after dawn, he will be responsible.
4 If he still has what he had taken, whatever it is, ox or ass or sheep, he is to give twice its value.
5 If a man makes a fire in a field or a vine-garden, and lets the fire do damage to another man's field, he is to give of the best produce of his field or his vine-garden to make up for it.
6 If there is a fire and the flames get to the thorns at the edge of the field, causing destruction of the cut grain or of the living grain, or of the field, he who made the fire will have to make up for the damage.
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