Exodus 22:4

4 If an animal (whether ox, donkey, or sheep) is found alive in the thief's possession, he must pay back double.

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 the thief is caught breaking in and is beaten and dies, the one who killed him won't be guilty of bloodshed.
3 However, if this happens in broad daylight, then the one who killed him is guilty of bloodshed. For his part, the thief must make good on what he stole. If he has nothing, he must be sold to pay for his theft.
4 If an animal (whether ox, donkey, or sheep) is found alive in the thief's possession, he must pay back double.
5 When someone lets an animal loose to eat in another person's field and causes the field or vineyard to be stripped of its crop, the owner must pay them back with the best from his own field or vineyard.
6 When someone starts a fire and it catches in thorns and then spreads to someone else's stacked grain, standing grain, or a whole field, the one who started the fire must fully repay the loss.
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