Exodus 22:5

5 "If a person causes a field or vineyard to be grazed over or lets his animal loose to graze in someone else's field, he is to make restitution from the best produce of his own field and 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 unless it happens after sunrise, in which case it is murder. A thief must make restitution; so if he has nothing, he himself is to be sold to make good the loss from the theft.

4 If what he stole is found alive in his possession, he is to pay double, no matter whether it is an ox, a donkey or a sheep.

5 "If a person causes a field or vineyard to be grazed over or lets his animal loose to graze in someone else's field, he is to make restitution from the best produce of his own field and vineyard.

6 "If a fire is started and spreads to thorns, so that stacked grain, standing grain or a field is destroyed, the person who lit it must make restitution.

7 "If a person entrusts a neighbor with money or goods, and they are stolen from the trustee's house, then, if the thief is found, he must pay double.