Exodus 22:5

_IF A MAN SHALL CAUSE A FIELD OR VINEYARD TO BE EATEN, AND SHALL PUT IN HIS BEAST, AND SHALL FEED IN ANOTHER MAN'S FIELD; OF THE BEST OF HIS OWN FIELD, AND OF THE BEST OF HIS OWN VINEYARD, SHALL HE MAKE RESTITUTION._ If a man shall cause a field or vineyard to be eaten ... At certain seasons cattle were placed to graze in fields and even vineyards, where they were tied to some vigorous vine-shoot, in order that they might feed on the herbage or leaves around (cf. Genesis 49:11). But if their owner should be convicted of putting them surreptitiously from greediness, or allowing them through carelessness, to stray into the adjoining field of another man, he was to give restitution of the estimated damage from the best portion of his own field or vineyard. [The Septuagint has apotisei ek tou agrou autou kata to genneema autou-he shall give compensation according to his brood

5._If a man shall cause a field or vineyard to be eaten_. This kind of fraud is justly ranked among thefts; viz., if any man shall have put in his beast to feed in another’s field or vineyard. For if a person have made improper use of his servant to steal by him, he himself is deemed guilty of the offense, even although he may have touched nothing with his own hand; nor does he less do wrong who has given occasion of injury by means of a brute. Still, God restricts the punishment to a compensation of double the amount, because it cannot be certainly established that the master of the animal desired to effect the damage fraudulently and designedly; yet He requires the loss to be made up at the highest estimate of its value; (138) for thus I interpret “the goodness of his field and his vineyard,” that the place having been examined, a liberal restitution shall be awarded to its owner, acco...

SHALL PUT IN HIS BEAST, AND SHALL FEED - Rather, shall let his beast go loose, and it shall feed....

EXPOSITION II. LAWS CONNECTED WITH RIGHTS OF PROPERTY (verses 33-36). From the consideration of injuries to the person, the legislator proceeds to treat of injuries to property, and, as he has been speaking of cattle under the one head, places cattle in the fore-front of the other. In this chapter two enactments only are made—one providing compensation in the case of a man' s cattle being killed by falling into the pit, or well, of a neighbour (verses 33, 34); and the other making provision for the case of one man' s cattle killing the cattle of another (verses 35, 36) EXODUS 21:33 IF A MAN SHALL OPEN A PIT. Rather, "If a man shall uncover a cistern." Cisterns, very necessary in Palestine, were usually closed by a

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 l, even though bette...

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

FIELD. OF. Between these two words the Samaritan Pentateuch and Septuagint have "he shall surely make restitution out of his own field according to the yield thereof; and if the whole field be eaten". This is not due to _Ellipsis_ but to _Homoeoteleuton_ (App-6), by which, in transcribing, the eye of the copyist went back (in error) to the latter of the like endings of two sentences, and thus omitted the intervening words between "field" and "field"....

Exodus 20:22 to Exodus 23:33 _The Book of the Covenant_ The -Book of the Covenant" (see Exodus 24:7 in explanation of the name) is the oldest piece of Hebrew legislation that we possess. The laws contained in it are spoken of in Exodus 24:3 as consisting of two elements, the WORDS (or commands) and the JUDGEMENTS: the JUDGEMENTS (see on Exodus 21:1) are the provisions relating to civil and criminal law, prescribing what is to be done when particular cases arise, and comprised in...

IF A MAN SHALL CAUSE A FIELD, &C.— This equitable law of restitution extended to all cases. The law of the twelve tables was more severe upon this head, as Calmet observes; for there it is enjoined, that if any one cut down, or let his cattle eat another's field; if he be of age, he shall be consecrated to _Ceres;_ if under age, he shall be beaten as the praetor shall order, and make double restitution. This verse might be rendered, much more properly, thus, _When any man shall cause a field or a vineyard to be eaten, sending out his own beast, which shall feed upon the field of another; of the best,_ &c....