Exodus 22:5

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.

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 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.
7 Yf a man delyuer his neghboure money or stuffe to kepe, and it be stolen out of his housse: Yf the these be foude, he shal paye double
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