Exodus 22:3

_IF A THIEF BE FOUND BREAKING UP, AND BE SMITTEN THAT HE DIE, THERE SHALL NO BLOOD BE SHED FOR HIM._ No JFB commentary on these verses....

3._He should make full restitution_. These words, as I have said, are connected with the first verse, since here the execution of the punishment is only enjoined; as if God forbade thieves to be spared, but that they should pay either twofold or quadruple, or even quintuple, according to the measure of their crime. But, if they were unable to pay, He commands them to be sold as slaves, which also was the custom at Rome. Whence the saying of Cato, (136) “that private thieves lived in bonds and fetters, but public ones in gold and purple.” And since this condition was a harsh one, a caution is expressly given, that they were not to be absolved on the score of their poverty. If any one should ask whether it was lawful for the owner of the thing stolen to recover double or quadruple its value, I answer, that what God awards, a man has the best of rights to; meanwhile, in equity men were boun...

If a thief, in breaking into a dwelling in the night, was slain, the person who slew him did not incur the guilt of blood; but if the same occurred in daylight, the slayer was guilty in accordance with Exodus 21:12. The distinction may have been based on the fact that in the light of day there was a fair chance of identifying and apprehending the thief....

EXPOSITION THE BOOK OF THE COVENANT, _continued_. _Laws connected with rights of property, continued_ (Exodus 22:1). The fret section—Exodus 22:1—is upon theft. The general principle laid down is, that theft shall be punished if possible, by a fine. There is a moral fitness in this, since a man's desire to get what was his neighbour's would lead to the loss of what was his own. In ordinary cases the thief was to restore to the man robbed double of what he had stolen (Exodus 22:4) but, if he had shewn persistence in wrong doing by selling the property, or (if it were an animal) killing it, he was to pay more—four

IF THE SUN BE RISEN UPON HIM,.... Either upon the thief, or upon the master of the house, or the person that finds the thief and smites him that he dies; it matters not which it is interpreted, it is true of both, for when it is risen on the one, it is on the other: [THERE SHALL BE] BLOOD [SHED] FOR HIM; the person that kills him shall die for it: the Targum of Jonathan is, "if it is as clear as the sun (and so Jarchi), that not to kill any he entered, and he should kill him, there is guilt of shedding innocent blood:'' because coming at broad daylight, and when the sun was up, it was a plain case he came not with a design to murder, but only to steal; besides, being at such a time, the master of the house could call for help and assistance, and take him; which is what is suggested he should do, and not take away his life, but oblige him, if he had got any of his goods, to restore the...

CHAPTER 22 FURTHER JUDGMENTS _ 1. Concerning theft (Exodus 22:1)_ 2. Concerning neglect in case of fire (Exodus 22:6) 3. Concerning dishonesty (Exodus 22:7) 4. Concerning immoralities and forbidden things (Exodus 22:16) 5. Concerning oppression (Exodus 22:21) 6. Concerning offerings to God (Exodus 22:29) These laws need no further comment; they are good and just. The wisdom of them is the wisdom from above. We call atte

EXODUS 22:1 E. THEFT AND DAMAGE. Fourfold restitution was due (Exodus 22:1), as in Roman law and Bedawin custom, for theft of a sheep (though fivefold for the doubly useful ox), reduced to twofold (Exodus 22:4) if returned alive (_i.e._ the stolen animal and another). A similar principle is found in Bab., Gr., Roman, and Indian law Probably Exodus 22:3 b links Exodus 22:4 directly to Exodus 22:1, providing that a pauper thief shall be sold to provide restitution money. Then, Budd

IF THE SUN, &c. Therefore killed after he had got away, and in cold blood....

1 4. Theft of ox or sheep; and burglary....

HE SHALL BE SOLD FOR HIS THEFT— The laws of the twelve tables ordained, that a thief should be delivered to him whom he robbed, to be his slave....