Exodus 22:4

4 If someone steals an ox or a donkey or a sheep and it is found in the thief’s possession, then the thief must pay double the value of the stolen animal.

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 caught in the act of breaking into a house and is struck and killed in the process, the person who killed the thief is not guilty of murder.
3 But if it happens in daylight, the one who killed the thief is guilty of murder. “A thief who is caught must pay in full for everything he stole. If he cannot pay, he must be sold as a slave to pay for his theft.
4 If someone steals an ox or a donkey or a sheep and it is found in the thief’s possession, then the thief must pay double the value of the stolen animal.
5 “If an animal is grazing in a field or vineyard and the owner lets it stray into someone else’s field to graze, then the animal’s owner must pay compensation from the best of his own grain or grapes.
6 “If you are burning thornbushes and the fire gets out of control and spreads into another person’s field, destroying the sheaves or the uncut grain or the whole crop, the one who started the fire must pay for the lost crop.
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