Lessons from the Law__

Continued from Last Week___

Cases Involving Property Damages (21:33- 22:15)

 33"If a man opens a pit, or digs a pit and does not cover it over, and an ox or a donkey falls into it,34the owner of the pit shall make restitution; he shall give money to its owner, and the dead animal shall become his.35"If one man's ox hurts another's so that it dies, then they shall sell the live ox and divide its price equally; and also they shall divide the dead ox.36"Or if it is known that the ox was previously in the habit of goring, yet its owner has not confined it, he shall surely pay ox for ox, and the dead animal shall become his.

Property Rights
  1"If a man steals an ox or a sheep and slaughters it or sells it, he shall pay five oxen for the ox and four sheep for the sheep.2"If the thief is caught while breaking in and is struck so that he dies, there will be no blood guiltiness on his account.3"But if the sun has risen on him, there will be blood guiltiness on his account. He shall surely make restitution; if he owns nothing, then he shall be sold for his theft.
  4"If what he stole is actually found alive in his possession, whether an ox or a donkey or a sheep, he shall pay double.5"If a man lets a field or vineyard be grazed bare and lets his animal loose so that it grazes in another man's field, he shall make restitution from the best of his own field and the best of his own vineyard.6"If a fire breaks out and spreads to thorn bushes, so that stacked grain or the standing grain or the field itself is consumed, he who started the fire shall surely make restitution.7"If a man gives his neighbor money or goods to keep for him and it is stolen from the man's house, if the thief is caught, he shall pay double.
  8"If the thief is not caught, then the owner of the house shall appear before the judges, to determine whether he laid his hands on his neighbor's property.9"For every breach of trust, whether it is for ox, for donkey, for sheep, for clothing, or for any lost thing about which one says, 'This is it,' the case of both parties shall come before the judges; he whom the judges condemn shall pay double to his neighbor.10"If a man gives his neighbor a donkey, an ox, a sheep, or any animal to keep for him, and it dies or is hurt or is driven away while no one is looking,11an oath before the LORD shall be made by the two of them that he has not laid hands on his neighbor's property; and its owner shall accept it, and he shall not make restitution.12"But if it is actually stolen from him, he shall make restitution to its owner.13"If it is all torn to pieces, let him bring it as evidence; he shall not make restitution for what has been torn to pieces.
  14"If a man borrows anything from his neighbor, and it is injured or dies while its owner is not with it, he shall make full restitution.15"If its owner is with it, he shall not make restitution; if it is hired, it came for its hire.


Five types of property damage are now examined: culpable negligence (21:33-34), loss from animals fighting each other (35-36), loss from theft (22:1 [21:37]-4 [3] more negligent acts leading to losses (22:5 [4] -6[5], and losses from goods entrusted to another's custody (22:7[6]-15[14]. The concern in every case is the 8th commandment ("Thou shalt not steal.").

First, in such negligence as leaving a pit uncovered so that loss or damage is sustained by another, full and equal restitution is demanded to cover only the loss (vv. 33-34). Should it involve an ass or ox, the dead animal will be turned over to the negligent person and full compensation shall be paid. This is especially critical in the case of these two animals since they might well mean a person's livelihood___equivalent to what we consider a tractor or truck.

In the second situation___ when cattle fight and one kills the neighbor's animal, the law specifies that the live animal be sold and the money divided between the two neighbors. However, should the surviving animal have the reputation of being a gorer, his owner must assume full responsibility for restoring the dead animal.

The third set of circumstances___ has a group of five cases. The subject in each case is introduced with "if." Once again, the 8th commandment is in the background.

A fivefold penalty is invoked against sealing an ox. This is because the animal was the source of livelihood. The Hittitle laws of the same period went as high as a thirty fold penalty but in the Bible, five fold is as high as it goes assuming that Proverbs 6:31 is figurative (the 7 fold penalty). Lessor offenses draw lesser restitution amounts: fourfold for a sheep, twofold for a stolen oxen or ass.

In the case of “breaking in” literally “digging through” since many of the homes were made out of dried mud (cf. Job. 24:16; Ezek. 8:8), and entering (vv.2-3) the thief was exposed to the loss of his life is the house owner defended himself, his family, and his home by delivering a fatal blow. This was especially true if the breaking and entering took place at night since the thief's intentions were obvious.


Gregory the Great (Pope Gregory), 540 A.D. - 604 A.D

The commands of the Old Testament are no stricter than those of the New Testament. The Old forbids us to steal; the New Testament commands us to be generous.


Gregory the Great on 22:1

Some people consider the commandments of the OT stricter than those of the New Testament but they are deceived by a shortsighted interpretation. In the OT, theft, not miserliness, is punished: wrongful taking of property is punished by fourfold restitution. In the New Testament, the rich man is not censured for having taken away someone's else's property but for not having given away his own. He is not said to have forcibly wronged anyone, but to have prided himself on what he received. Homily 40


John the Golden Mouth (Chrysostom) 349 A.D. -407 A.D. on 22:1 or four sheep for one.

Violence is Worse than Theft: Therefore the thief being taken pays fourfold, but he that spoils by violence is worse than if he steals. And if this last ought to give fourfold what he stole, the extortioner should pay tenfold and much more. Even so, he can make atonement for his justice. For of alms-giving not even then will he receive his reward. Therefore says Zaccheus, " I will restore what I have taken by false accusation fourfold, and the half of my goods I will give to the poor." And if under the law one ought to give fourfold, much more under grace. And this is so for one who steals, much more it is so for one who spoils by violence. HOMILIES ON THE GOSPEL OF MATTHEW 52:6


Jesus and the 8th Commandment

The commandment, or more properly prohibition, is general enough in Exodus 20:15 to include both kidnapping and swiping what belongs to others. Accordingly, the 8th Commandment included the notion of stealth.
Clearly, there is a sense of the integrity and security of personal property in the 8th Commandment. But property is not enough: property involves the person. Not to steal is not only to respect ownership and to live within the rights of ownership, but it is to respect the person who owns something.
Jesus, I would argue, ups the ante here. In Matthew 19:18-19 ("19:18 "Which ones?" he asked. Jesus replied, "Do not murder, do not commit adultery, do not steal, do not give false testimony, 19:19 honor your father and mother, and love your neighbor as yourself.") Jesus shows that the second half of the Ten Commandments are connected to loving your neighbor as yourself.
Which means, not stealing for Jesus is a reflection that you are to love your neighbor. I would say we can up this ante more: loving your neighbor is to do more than just "not steal." Loving your neighbor is to pray for and work that your neighbor and your neighbor's possessions will flourish according to God's designs. It is take joy in who the neighbor is and to take joy in what God has given that neighbor. It is to be grieved when your neighbor does bad and to be grieved when your neighbor doesn't respect his or her own property and possessions.