Exodus 22:4

4 Yf the thefte be founde in his hande alyue (whether it be oxe, asse or shepe) he shall restore double.

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 Yf a thefe be founde breakynge vpp ad be smytten that he dye, there shall no bloude be shed for him:
3 excepte the sonne be vpp when he is founde, then there shalbe bloude shed for him,A thefe shall make restitucyon: Yf he haue not wherewith, he shalbe solde for his thefte.
4 Yf the thefte be founde in his hande alyue (whether it be oxe, asse or shepe) he shall restore double.
5 Yf a man do hurte felde or vyneyarde, so that he put in his beest to fede in another mans felde: off the best off hys owne felde, and of the best of his awne vyneyarde, shall he make restitucyon.
6 Yf fyre breake out and catch in the thornes, so that the stoukes of corne or the stodynge corne or felde be consumed therwith: he that kynled the fyre shall make restitucyon.
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