Exodus 22:5

5 If any man hurt a field or a vineyard, and put in his beast to feed upon that which is other men’s: he shall restore the best of whatsoever he hath in his own field, or in his vineyard, according to the estimation of the damage.

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 But if he did this when the sun is risen, he hath committed murder, and he shall die. If he have not wherewith to make restitution for the theft, he shall be sold.
4 If that which he stole be found with him, alive, either ox, or ass, or sheep: he shall restore double.
5 If any man hurt a field or a vineyard, and put in his beast to feed upon that which is other men’s: he shall restore the best of whatsoever he hath in his own field, or in his vineyard, according to the estimation of the damage.
6 If a fire breaking out light upon thorns, and catch stacks of corn, or corn standing in the fields, he that kindled the fire shall make good the loss.
7 If a man deliver money, or any vessel unto his friend to keep, and they be stolen away from him that received them: if the thief be found, he shall restore double:
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