Exodus 22:4

4 If the stolen thing be actually found alive in his hand, whether it be ox, or ass, or sheep, he shall restore 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 be encountered breaking in, and be smitten so that he die, there shall be no blood-guiltiness for him.
3 If the sun be risen on him, there shall be blood-guiltiness for him; he should have made full restitution: if he had nothing, he would have been sold for his theft.
4 If the stolen thing be actually found alive in his hand, whether it be ox, or ass, or sheep, he shall restore double.
5 If a man shall cause a field or vineyard to be eaten, and put in his cattle, and pasture in another man's field, of the best of his own field, and of the best of his own vineyard shall he make [it] good.
6 -- If fire break out, and seize the thorns, and the stacks of corn, or the standing corn, or the field be consumed, he that kindled the fire shall fully make it good.
The Darby Translation is in the public domain.