Exodus 22:5

5 If a man harmeth a field, or a vinery, and suffereth his beast, that it waste other men's things (If anyone harmeth a field, or a vineyard, by allowing his beast to destroy another person's things), he shall restore for the value of [the] harm (done), (with) the best thing(s) (of) whatever he hath in his (own) field, either in his (own) vinery.

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 that if he did this when the sun was risen, he did manslaying, and he shall die (but if the lord of the house did this when the sun was up, he hath done manslaughter, and he shall be put to death). If a thief have not that, that he shall yield for [the] theft, he shall be sold (to make recompense);
4 if that thing that he stole, is found quick at him, either ox, either ass, either sheep, he shall restore the double. (if what he stole, is found alive with him, either an ox, or a donkey, or a sheep, he shall restore double what he stole.)
5 If a man harmeth a field, or a vinery, and suffereth his beast, that it waste other men's things (If anyone harmeth a field, or a vineyard, by allowing his beast to destroy another person's things), he shall restore for the value of [the] harm (done), (with) the best thing(s) (of) whatever he hath in his (own) field, either in his (own) vinery.
6 If fire goeth out, and findeth, or burneth, ears of corn, and catcheth heaps of corn, or corns standing in (the) fields, he that kindled the fire shall yield (for) the harm (he who kindled the fire shall make recompense for the harm done).
7 If a man betaketh into keeping money to a friend, or a vessel, and it is taken away by theft from him that received it, if the thief is found, he shall restore the double. (If anyone taketh money, or a vessel, to a friend for safe keeping, and it is taken away by theft from him who received it, if the thief is found, he shall restore double what he stole.)
Copyright © 2001 by Terence P. Noble. For personal use only.