If the animal was torn to pieces, he shall bring it as evidence; he need not make restitution for the torn carcass. Sermons
I. THEFT (vers. 1-5). The illustrations in the law relate to thefts of cattle. But the principles embodied apply to thefts generally (cf. ver. 7). Note - 1. The law which punishes the theft, protects the thief's life. It refuses, indeed, to be responsible for him in the event of his being smitten in the night-time, while engaged in the act of housebreaking (ver. 2) - large rights of self-defence being in this case necessary for the protection of the community. The thief might be killed under a misapprehension of his purpose; or by a blow struck at random in the darkness, and under the influence of panic; or in justifiable self-defence, in a scuffle arising from the attempt to detain him. In other circumstances, the law will not allow the thief's life to be taken (ver. 3). All the ends of justice are served by his being compelled to make restitution. Blood is not to be spilt needlessly. The killing of a thief after sunrise is to be dealt with as murder. We infer from this that theft ought not to be made a capital offence. English law, at the beginning of this century, was, in this respect, far behind the law of Moses. 2. Theft is to be dealt with on the principle of restitution. (1) It calls for more than simple restitution. At most the restitution of the simple equivalent brings matters back to the position in which they were before the criminal act was committed. That position ought never to have been disturbed; and punishment is still due to the wrongdoer for having disturbed it. Hence the law that if the stolen animal is found in the thief's hand alive, he shall restore double (ver. 4); if he has gone the length of killing or selling it, he shall restore five oxen for an ox, and four sheep for a sheep (ver. 1). (2) Penalty is proportioned to offence. Both as respects the value of the things stolen, and as respects the lengths to which criminality has proceeded. 3. If direct restitution is impossible, the thief shall be compelled to make restitution by his labour - "He shall be sold for his theft" (ver. 3). It would be an improvement in the administration of justice if this principle were more frequently acted on. The imprisoned thief might be made to work out an equivalent for his theft; and this, in addition to the hardships of his imprisonment, might be accepted as legal restitution. II. DAMAGE (vers. 5, 6). The damage done, in the one case to a field or vineyard, by allowing a beast to stray into it, and feed upon the produce; in the other, by setting fire to thorn hedges, and injuring the corn-stacks, or standing corn, is supposed to be unintentional. Yet, as arising from preventible causes - from carelessness and neglect - the owner of the beast, or the person who kindled the fire, is held responsible. He must make good the damage from the best of his own possessions. We are held fully responsible for the consequences of neglect (cf. Hebrews 2:3). III. DISHONEST RETENTION OF PROPERTY (vers. 7-14). Cases of this kind involved judicial investigation. 1. If the charge of dishonest retention was made out, the fraudulent party was to restore double (ver. 9). 2. If an ox, ass, sheep, or any beast, entrusted. to another to keep, died, was hurt, or was driven away, "no man seeing it," the person responsible for its safety could clear himself by an oath from the suspicion of having unlawfully "put his hand" to it (ver. 11). In this case, he was not required to make good the loss. 3. If, however, the animal was stolen from his premises, under circumstances which implied a want of proper care, he was required to make restitution (ver. 12). 4. If the animal was alleged to have been torn to pieces, the trustee was required to prove this by producing the mangled remains (ver. 13). IV. Loss OF WHAT IS BORROWED (vers. 14, 15). 1. If the owner is not with his property, the borrower is bound to make good loss by injury or death. 2. If the owner is with it, the borrower is not held responsible. 3. If the article or beast be lent on hire, the hire is regarded as covering the risk. - J.O.
If a man steal. God made provision not only for the acquisition of property, but for its security. Hence this law, which respects —1. Theft. 2. Housebreaking. I. THEFT (vers. 1-4). As the wealth of an Israelite consisted mainly in flocks and herds, the depredations of the thief were directed for the most part against them. II. HOUSEBREAKING (vers. 2, 3). Learn — 1. That God's providence extends to property as well as persons. Both are His gift. 2. That those who endeavour to thwart that providence play a losing game. 3. That the recognition of that providence is not inconsistent with, but demands the use of, means. It is an abuse and perversion of it to tamely submit to wrong when the legitimate prevention of wrong is within our reach. 4. That providence protects even the life of the wrong-doer, and no man must wantonly interfere with that protection. (J. W. Burn.) II. MEN MUST SUFFER, UNAVENGED, THE EXTREME CONSEQUENCES OF CRIMINAL CONDUCT. III. MEN MUST LEARN, BY DEGREES OF SUFFERING, THAT THERE ARE DEGREES OF CRIMINALITY. IV. MEN MUST LEARN THAT PROPERTY HAS RIGHTS. V. MEN MUST LEARN TO CONSIDER THE WELFARE OF THEIR NEIGHBOURS. (W. Burrows, B. A.) (J. Parker, D. D.) A coal merchant in one of our American cities was approached by a minister in regard to the salvation of his soul. The merchant declared it an impossibility for him ever to become a Christian. He gave as a reason his mode of business. For a long term of years, he had, according to a too general custom, given short weight. He had thus grown rich, and now felt the inconsistency of seeking religion without restitution. This was impossible: many of his customers were dead, others beyond his knowledge. The thought of the poor who had paid for coal they had never received rested heavily on him. He asked the minister if he thought the substitution of a gift to the poor would be acceptable to God. The minister advised him to try it. A large donation, more than equal in amount to his unjust gains, was made, and the merchant sought God in earnest. He was happily converted, and is to-day a prominent member of the church.As a gentleman in London entered his house, he found a well-dressed female sitting on the stairs, who asked pardon for the liberty she had taken, saying that, hearing the alarm of a mad dog, she had taken refuge in his house. On hearing her story, he gave her some refreshment; and she left, thanking him for his civility. In the evening his lady missed her gold watch; and it was concluded the female was the thief. Fifteen years afterwards, the watch was returned, with a note from this woman, saying the gospel had changed her heart, and she desired to return the watch to its rightful owner.What a shame then is this to Christians, who minding nothing less than restitution, make ex rapina holocaustum: out of a world of ill-gotten goods, they cull out some small fragments to erect some poor hospital; having cheated thousands, build alms-houses for some few, and then set a glorious inscription in front, whereas this one word, Aceldama, would be far more proper.(J. Spencer.) A man in New Jersey told me the following circumstances respecting himself and one of his neighbours. "I once owned a large flock of hens. I generally kept them shut up. But one spring I concluded to let them run in my yard, after I had clipped their wings so that they could not fly. One day, when I came home to dinner, I learned that one of my neighbours had been there full of wrath, to let me know that my hens had been in his garden, and that he had killed several of them, and thrown them over into my yard. I determined at once to be revenged. I sat down and ate my dinner as calmly as I could. By the time I had finished I thought that perhaps it was not best to fight with my neighbour about hens, and thereby make him my bitter enemy. I concluded to try another way, being sure that it would be better. After dinner, I went to my neighbour's. He was in his garden. I went out and found him in pursuit of one of my hens with a club, trying to kill it. I accosted him. He turned upon me, his face inflamed with wrath, and broke out in a great fury, 'You have abused me. I will kill all your hens, if I can get them. I never was so abused. My garden is ruined.' 'I am sorry for it,' said I: 'I did not wish to injure you; and now see that I have made a great mistake in letting out my hens. I ask your forgiveness, and am willing to pay you six times the damage.' The man seemed confounded. He did not know what to make of it. He looked up to the sky, then down at the earth, then at his neighbour, then at his club, then at the poor hen he had been pursuing, and said nothing. 'Tell me now,' said I, 'what is the damage and I will pay you six-fold; and my hens shall trouble you no more. I will leave it entirely for you to say what I shall do. I cannot afford to lose the love and goodwill of my neighbours, and quarrel with them, for hens or anything else.' 'I am a great fool!' said my neighbour; 'the damage is not worth talking about; and I have more need to compensate you than you me, and to ask your forgiveness than you mine.'"(Mrs. Child's Letters from New York.) People MosesPlaces Mount SinaiTopics Able, Animal, Beast, Beasts, Bring, Bringeth, Certainly, Clear, Damaged, Evidence, Pay, Payment, Pieces, Remains, Repay, Required, Restitution, Torn, Wild, WitnessOutline 1. Of Theft5. Of damage 7. Of trespasses 14. Of borrowing 16. Of fornication 18. Of witchcraft 19. Of bestiality 20. Of idolatry 21. Of strangers, widows, and fatherless 25. Of usury 26. Of pledges 28. Of reverence to magistrates 29. Of the first fruits 31. Of torn flesh Dictionary of Bible Themes Exodus 22:1-17Library Excursus on Usury. The famous canonist Van Espen defines usury thus: "Usura definitur lucrum ex mutuo exactum aut speratum;" [96] and then goes on to defend the proposition that, "Usury is forbidden by natural, by divine, and by human law. The first is proved thus. Natural law, as far as its first principles are concerned, is contained in the decalogue; but usury is prohibited in the decalogue, inasmuch as theft is prohibited; and this is the opinion of the Master of the Sentences, of St. Bonaventura, of St. Thomas … Philip Schaff—The Seven Ecumenical Councils Parable of the Importunate Widow. Ciii. Zacchæus. Parable of the Pounds. Journey to Jerusalem. Epistle Xl. To Mauricius Augustus. Appeal to the Christian Women of the South Epistle xvii. To Felix, Bishop of Messana. Feast of the Dedication. The Jews Attempt to Stone Jesus and He Retires to Peræa. A Summary of the Christian Life. Of Self-Denial. Jesus' Last Public Discourse. Denunciation of Scribes and Pharisees. Circumcision, Temple Service, and Naming of Jesus. The Development of the Earlier Old Testament Laws The Blessing of Jacob Upon Judah. (Gen. Xlix. 8-10. ) The Eighth Commandment Exodus Links Exodus 22:13 NIVExodus 22:13 NLT Exodus 22:13 ESV Exodus 22:13 NASB Exodus 22:13 KJV Exodus 22:13 Bible Apps Exodus 22:13 Parallel Exodus 22:13 Biblia Paralela Exodus 22:13 Chinese Bible Exodus 22:13 French Bible Exodus 22:13 German Bible Exodus 22:13 Commentaries Bible Hub |
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