Exodus 22:5

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.

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 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.

7 When someone entrusts money or other items to another person to keep safe and they are stolen from the other person's house and the thief is caught, the thief must pay back double.