Exodus 22:4

4 If indeed the stolen item is found {in his possession} alive, from ox to donkey to small livestock, he will make double restitution.

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 found in the act of breaking in and he is struck and he dies, there is not bloodguilt for him.
3 (If the sun has risen over him, [there is] bloodguilt for him. He will make full restitution. If {he does not have enough}, he will be sold for his theft.
4 If indeed the stolen item is found {in his possession} alive, from ox to donkey to small livestock, he will make double restitution.
5 " 'If a man grazes [his livestock] in a field or a vineyard and he releases his livestock and it grazes in the field of another, he will make restitution [from] the best of his field and the best of his vineyard.
6 " 'If a fire is started and finds thorn bushes and a stack of sheaves or the standing grain or the field is consumed, the one who started the fire will surely make restitution.

Footnotes 1

  • [a]. Literally "in his hand"
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