Exodus 22:5

5 "If a man lets his farm animal graze in his field or vineyard, and it wanders into another man's field or vineyard, the owner of the animal must pay back the loss from the best of his crop.

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

4 "The robber who is caught must pay back what he stole. If he owns nothing, he must be sold as a slave to pay for what he stole. If the stolen animal is found alive with the robber, he must give the owner two animals for every animal he stole, whether it was a bull, donkey, or sheep. "If a thief is killed while breaking into a house at night, the one who killed him is not guilty of murder. But if this happens during the day, he is guilty of murder.

5 "If a man lets his farm animal graze in his field or vineyard, and it wanders into another man's field or vineyard, the owner of the animal must pay back the loss from the best of his crop.

6 "Suppose a man starts a fire that spreads through the thornbushes to his neighbor's field. If the fire burns his neighbor's growing grain or grain that has been stacked, or if it burns his whole field, the person who started the fire must pay for what was burned.

7 "Suppose a man gives his neighbor money or other things to keep for him and those things are stolen from the neighbor's house. If the thief is caught, he must pay back twice as much as he stole.