Exodus 22:5

5 If a man grazes his livestock in a field or vineyard and allows them to stray so that they graze in someone else’s field, he must make restitution from the best of his own field or 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 it happens after sunrise, there is guilt for his bloodshed. A thief must make full restitution; if he has nothing, he himself shall be sold for his theft.

4 If what was stolen is actually found alive in his possession—whether ox or donkey or sheep—he must pay back double.

5 If a man grazes his livestock in a field or vineyard and allows them to stray so that they graze in someone else’s field, he must make restitution from the best of his own field or vineyard.

6 If a fire breaks out and spreads to thornbushes so that it consumes stacked or standing grain, or the whole field, the one who started the fire must make full restitution.

7 If a man gives his neighbor money or goods for safekeeping and they are stolen from the neighbor’s house, the thief, if caught, must pay back double.