Exodus 22:5

5 "If someone grazes livestock in a field or vineyard but lets them loose so they graze in someone else's field, restitution must be made from the best of the owner's field or 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 But if it happens after daybreak, there is bloodguilt.

4 If caught red-handed with the stolen goods, and the ox or donkey or lamb is still alive, the thief pays double.

5 "If someone grazes livestock in a field or vineyard but lets them loose so they graze in someone else's field, restitution must be made from the best of the owner's field or vineyard.

6 "If fire breaks out and spreads to the brush so that the sheaves of grain or the standing grain or even the whole field is burned up, whoever started the fire must pay for the damages.

7 "If someone gives a neighbor money or things for safekeeping and they are stolen from the neighbor's house, the thief, if caught, must pay back double.