Exodus 22:5

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.

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 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.

7 If a man puts money or goods in the care of his neighbour to keep for him, and it is taken from the man's house, if they get the thief, he will have to make payment of twice the value.