Exodus 22:5

5 If a man shall cause a field or vineyard to be eaten and shall put in his beast and shall feed in another man’s field; of the best of his own field and of the best of his own vineyard shall he make restitution.

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.


FOOTNOTES:

F12 Misc. Bava Kama, c. 1. sect. 1.
F13 Bartenora in Misn. Gittin, c. 5. sect. 1.

Exodus 22:5 In-Context

3 If the sun is risen upon him, he that killed him is guilty of his blood; the thief should make full restitution; if he has nothing, then he shall be sold for his theft.
4 If he is found with the theft 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 shall put in his beast and shall feed in another man’s field; of the best of his own field and of the best of his own vineyard shall he make restitution.
6 When fires are lit and in burning the thorns burn also the stacks of sheaves or the standing grain, or the field is consumed; he that kindled the fire shall surely make restitution.
7 When a man shall deliver unto his neighbour money or stuff to keep, and it is stolen out of the man’s house; if the thief is found, let him pay double.
The Jubilee Bible (from the Scriptures of the Reformation), edited by Russell M. Stendal, Copyright © 2000, 2001, 2010