Exodus 22:4

4 If what was stolen-whether ox, donkey, or sheep-is actually found alive in his possession, he must repay 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 a thief is caught in the act of breaking in, and he is beaten to death, no one is guilty of bloodshed.
3 But if this happens after sunrise, there is guilt of bloodshed. A thief must make full restitution. If he is unable, he is to be sold because of his theft.
4 If what was stolen-whether ox, donkey, or sheep-is actually found alive in his possession, he must repay double.
5 "When a man lets a field or vineyard be grazed in, and then allows his animals to go and graze in someone else's field, he must repay with the best of his own field or vineyard.
6 "When a fire gets out of control, spreads to thornbushes, and consumes stacks of cut grain, standing grain, or a field, the one who started the fire must make full restitution for what was burned.
Holman Christian Standard Bible ® Copyright © 2003, 2002, 2000, 1999 by Holman Bible Publishers.  Used by permission.  All rights reserved.