Chapter Twenty-Two
Rules About Restitution Continued
22:1 “If a man steals an ox or a sheep, and kills it or sells it, he shall repay five oxen for an ox, and four sheep for a sheep.
Some versions of the Bible place this verse at the end of chapter 21 (making it verse 37), however, most English translations do not. The rules pertaining to restitution continue in this chapter where several conditions are identified as situations that require not only reimbursement, but also in most cases, significant penalty. There are over thirty conditional statements, most of them begin with the word ‘if’. Unlike many codes of conduct of that day, God did not require the life or any body part maiming of the guilty person.
If a man steals an ox or a sheep and kills or sells the animal, he must repay five oxen for each ox stolen and four sheep for each sheep stolen. Note how the multiple restitution also serves as a form of penalty, a theme used in each of the following potential scenarios.
22:2 If a thief is found breaking in and is struck so that he dies, there shall be no bloodguilt for him, 3 but if the sun has risen on him, there shall be bloodguilt for him. He shall surely pay. If he has nothing, then he shall be sold for his theft.
The Hebrew word that is translated as ‘bloodguilt’, is ‘dām’[1] (or more precisely, ‘dā·mîm’, plural), meaning simply ‘blood’, perhaps it might be better understood using the phrase, “blood is on his hands.” If a thief is found breaking in (a home is implied) during the night and is struck in such a way that the thief dies, the person who struck the thief is not guilty of murder (accidental). However, if the thief enters in daylight, and the thief is struck and killed, then it would be considered murder (intentional). The penalty for murder is always death unless otherwise stated (see Genesis 9:5; Exodus 20:13).
If the thief is caught, he must pay. The text here is “šǎl·lēm’[2] yešl-lēm’,” essentially meaning to pay twice (as clarified in the next verse), replacing what they stole, plus one more as a fine (considered the standard rule of thumb for restitution). If payback is not possible, the thief is to be sold into slavery to pay for his theft.
22:4 If the stolen beast is found alive in his possession, whether it is an ox or a donkey or a sheep, he shall pay double.
Continuing the subject of the theft from the previous two verses, if an animal was stolen and was later found in the thief’s possession, be it an ox, donkey, or sheep, they are to pay double (one as a replacement and one as a fine).
22:5 “If a man causes a field or vineyard to be grazed over, or lets his beast loose and it feeds in another man’s field, he shall make restitution from the best in his own field and in his own vineyard.
Moving to the next subject, if a man causes damage to another man’s field or vineyard, he is to make restitution from his own field. The phrase “grazed over,” is the Hebrew word ‘yāḇ·’ěr’,[3] meaning to burn or consume (same word used to describe the burning bush Moses encountered in Exodus 3:2), here it is referring to an animal (or animals) eating or otherwise destroying the crops. Due to the animal owner’s carelessness, they are to make restitution (pay twice) from the best section of their own field or vineyard.
22:6 “If fire breaks out and catches in thorns so that the stacked grain or the standing grain or the field is consumed, he who started the fire shall make full restitution.
A common practice of clearing fields after a harvest, or to clear a field from weeds (thorn bushes), at that time and still an acceptable practice today, is to use fire. But fire requires attention to prevent inadvertent damage. If a fire that was set for that purpose was allowed to burn and consume either stacked grain (picked) or standing grain (not picked, still on the plant), the one who started the fire shall make full restitution (pay twice).
22:7 “If a man gives to his neighbor money or goods to keep safe, and it is stolen from the man’s house, then, if the thief is found, he shall pay double. 8 If the thief is not found, the owner of the house shall come near to God to show whether or not he has put his hand to his neighbor’s property.
In the situation of a person giving their neighbor something of value to keep safe and that item or items are stolen, and the thief is found, the thief is to pay the usual double restitution. However, if the thief is not found, the one to whom the valuable items were given to is to be considered a suspect and is to come near to God (making a declaration under oath to God that they are innocent). In the event of lying to God it would be expected that God would provide the punishment.
22:9 For every breach of trust, whether it is for an ox, for a donkey, for a sheep, for a cloak, or for any kind of lost thing, of which one says, ‘This is it,’ the case of both parties shall come before God. The one whom God condemns shall pay double to his neighbor.
When there is a “breach of trust” (the Hebrew phrase, “deḇār[4] pē’·šǎ,”[5] referring to a matter of evildoing or transgression), or as God’s Word version of the Bible renders it, “If there is a dispute over the ownership” (GW), both parties are to pronounce their innocence in an oath to God. There is no mention on how God communicates the verdict here, however, later in Exodus, God will introduce a process for the High Priest to inquire from God answers to questions like these using the Urim and Thummim (see Exodus 28:30). The one that is guilty shall pay double to the other.
22:10 “If a man gives to his neighbor a donkey or an ox or a sheep or any beast to keep safe, and it dies or is injured or is driven away, without anyone seeing it, 11 an oath by the LORD shall be between them both to see whether or not he has put his hand to his neighbor’s property. The owner shall accept the oath, and he shall not make restitution. 12 But if it is stolen from him, he shall make restitution to its owner. 13 If it is torn by beasts, let him bring it as evidence. He shall not make restitution for what has been torn.
In the scenario where a person gives his neighbor an animal to keep safe (the assumption would be during their absence) and the animal dies, is injured, or escapes without anyone seeing it happen, an oath shall be made by the neighbor to the animal’s owner to proclaim that nothing reprehensible was done (cause the death, injury, etc.) Here we read that the oath was to be sworn in the name of YHWH. The owner of the animal is to accept the oath, and the neighbor is not required to pay restitution. However, if it was found to be stolen from the neighbor, then the neighbor is considered irresponsible, and they are to make restitution to the animal’s owner. If the animal is found to be eviscerated by a wild animal, then the carcass is to be shown as evidence and restitution is not required.
22:14 “If a man borrows anything of his neighbor, and it is injured or dies, the owner not being with it, he shall make full restitution. 15 If the owner was with it, he shall not make restitution; if it was hired, it came for its hiring fee.
If someone borrows an animal (the assumption of a work animal, the word ‘anything’ is implied, not in the Hebrew text) and it is injured or dies when the owner is not present, the neighbor who borrowed the animal must make restitution. If the owner of the animal was present, the neighbor does not need to make restitution. If the service of the animal was hired, the fee for renting the use of the animal will cover the loss.
Rules Regarding Social Justice and Responsibility
22:16 “If a man seduces a virgin who is not betrothed and lies with her, he shall give the bride-price for her and make her his wife. 17 If her father utterly refuses to give her to him, he shall pay money equal to the bride-price for virgins.
The next potential scenario has a man who seduces a virgin who is not betrothed or married to her and has sexual intercourse with her. The word translated here as ‘seduces’ is the Hebrew word ‘yepǎt·tě(h)’,[6] meaning to deceive or persuade, especially to be gullible. The word ‘virgin’ is translated from the Hebrew ‘beṯû·lā(h)’,[7] which can be interpreted several ways (see commentary under Genesis 24:15-21). The man is then required to marry her and pay the dowry. In this account the price is not mentioned, we find a similar rendition of this rule in the book of Deuteronomy, which does mention a price: “If a man meets a virgin who is not betrothed, and seizes her and lies with her, and they are found, then the man who lay with her shall give to the father of the young woman fifty shekels of silver, and she shall be his wife, because he has violated her. He may not divorce her all his days.” (Deuteronomy 22:28-29)
If her father refuses to give his daughter to him to be his wife, the man must pay the dowry regardless.
22:18 “You shall not permit a sorceress to live.
The Hebrew word that is translated here as ‘sorceress’ is ‘mēḵāš·šē·pā(h)’,[8] the feminine form for a sorcerer or a person that uses witchcraft. In Deuteronomy 18:10, the male form ‘mēḵǎš·šēp’[9] for a sorcerer is used, in both cases the penalty is death. The Deuteronomy passage offers additional information: “There shall not be found among you anyone who burns his son or his daughter as an offering, anyone who practices divination or tells fortunes or interprets omens, or a sorcerer or a charmer or a medium or a necromancer or one who inquires of the dead, for whoever does these things is an abomination to the LORD.” (Deuteronomy 18:10-12a) It is interesting to note that the Septuagint renders that word as ‘pharmakós’,[10] which also can be translated as a sorcerer, magician, or enchanter, like the Hebrew word, but it can also imply poisoning.
22:19 “Whoever lies with an animal shall be put to death.
Having sexual intercourse with an animal, also known as sodomy, is not allowed by God (see also Leviticus 18:23; 20:15-16; Deuteronomy 27:21). Here the penalty for such an abomination to God is death. Some believe since sodomy was common among pagan religions that the practice was considered especially offensive to God, making it punishable by death.
22:20 “Whoever sacrifices to any god, other than the LORD alone, shall be devoted to destruction.
In addition to the commandments to not have or worship any gods other than YHWH (see Exodus 20:2-5), God now includes the practice of offering sacrifices to any other god. It should be noted that the penalty for doing so goes beyond just death. As explained in the Targum Jonathan:
Whosoever sacrificeth to the idols of the Gentiles shall be slain with the sword, and his goods be destroyed; for ye shall worship only the Name of the Lord.[11]
A person that sacrificed to other gods was to die and everything that belonged to them was to be utterly destroyed (first appearance of the Hebrew word ‘yǒ·ḥǒrām’[12] meaning to destroy but can also refer to something that is devoted to destruction, no other choice allowed, it must be completely destroyed).
22:21 “You shall not wrong a sojourner or oppress him, for you were sojourners in the land of Egypt.
The Hebrew word translated here as ‘sojourner’ is ‘gēr’,[13] which could be a foreigner, a stranger, or an alien, many believe it refers to a resident alien. The Israelites were forbidden to wrong (mistreat, exploit, etc.) or oppress (Hebrew word implies squeezing or crushing,[14] can also mean persecute) a sojourner. Why? God reminds them that they were once sojourners in Egypt themselves.
22:22 You shall not mistreat any widow or fatherless child. 23 If you do mistreat them, and they cry out to me, I will surely hear their cry, 24 and my wrath will burn, and I will kill you with the sword, and your wives shall become widows and your children fatherless.
As a group, both widows and fatherless children would be vulnerable to exploitation and to a variety of dangers. God not only stipulates that they were never to be mistreated, in an incredible proclamation of His compassion and love, He states that if anyone does mistreat them, His anger will burn and the person who did the mistreating would be killed by the sword (word can also mean knife or some other tool), making their wife a widow and their children fatherless themselves. This is not to say that God will do the killing by a sword in His hand, but that He would bring death to that person.
22:25 “If you lend money to any of my people with you who is poor, you shall not be like a moneylender to him, and you shall not exact interest from him.
If someone was to lend money to a fellow Israelite who was poor, they were not allowed to charge interest on the loan. Later in Leviticus we see this concept amplified: “If your brother becomes poor and cannot maintain himself with you, you shall support him as though he were a stranger and a sojourner, and he shall live with you. Take no interest from him or profit, but fear your God, that your brother may live beside you. You shall not lend him your money at interest, nor give him your food for profit.” (Leviticus 25:25-37)
22:26 If ever you take your neighbor’s cloak in pledge, you shall return it to him before the sun goes down, 27 for that is his only covering, and it is his cloak for his body; in what else shall he sleep? And if he cries to me, I will hear, for I am compassionate.
If a cloak (outer garment) was given to another for the purpose of securing a loan, it was to be returned that day before the sun went down. If the cloak was not returned, and the person cries out to God, He will listen, for He is compassionate (Hebrew word ‘ḥǎn·nûn’,[15] meaning gracious, merciful, and abounding in compassion, always used to describe God).
22:28 “You shall not revile God, nor curse a ruler of your people.
The Israelites were not allowed to revile God,[16] nor were they to curse any of their leaders (there are several Hebrew verbs that have essentially the same meaning to curse, this word implies the action of inflicting with a curse).[17]
22:29 “You shall not delay to offer from the fullness of your harvest and from the outflow of your presses. The firstborn of your sons you shall give to me. 30 You shall do the same with your oxen and with your sheep: seven days it shall be with its mother; on the eighth day you shall give it to me.
The Israelites were not to delay or hold back for any reason their offerings, including their various harvests of grain, the production of their wine presses and the consecration of their firstborn sons as required.[18] They were to do the same with their oxen and sheep, which may stay with their mother for seven days and on the eighth day, be given to God (see also Leviticus 22:27).
22:31 “You shall be consecrated to me. Therefore you shall not eat any flesh that is torn by beasts in the field; you shall throw it to the dogs.
God is calling all His people to be holy and consecrated to Him, and therefore must not eat of any flesh that was killed by another animal. It must be fed to the dogs to eat.
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[1] Strong’s Hebrew 1818.
[2] Strong’s Hebrew 7999 (twice).
[3] Strong’s Hebrew 1197.
[4] Strong’s Hebrew 1697.
[5] Strong’s Hebrew 6588.
[6] Strong’s Hebrew 6601.
[7] Strong’s Hebrew 1330.
[8] Strong’s Hebrew 3784.
[9] Strong’s Hebrew 3784.
[10] Strong’s Greek 5333.
[11] Etheridge, J. W. (Trans.). (1862–1865). The Targums of Onkelos and Jonathan ben Uzziel on the Pentateuch; With the Fragments of the Jerusalem Targum: From the Chaldee (Ex 22). London: Longman, Green, Longman, and Roberts.; Longman, Green, Longman, Roberts, and Green.
[12] Strong’s Hebrew 2763.
[13] Strong’s Hebrew 1616.
[14] Strong’s Hebrew 3905.
[15] Strong’s Hebrew 2587.
[16] See commentary under Exodus 21:17, regarding the Hebrew word ‘qālal’, translated here as ‘revile’, see also Leviticus 24:16.
[17] See Considerations under Deuteronomy 27:1-8.
[18] See commentary under Exodus 13:1-2.