Keluaran 21:33--22:6

21:33 “If a man opens a pit or if a man digs a pit and does not cover it, and an ox or a donkey falls into it, 21:34 the owner of the pit must repay ¹  the loss. He must give money ²  to its owner, and the dead animal ³  will become his. 21:35 If the ox of one man injures the ox of his neighbor so that it dies, then they will sell the live ox and divide its proceeds, ⁴  and they will also divide the dead ox. ⁵  21:36 Or if it is known that the ox had the habit of goring, and its owner did not take the necessary precautions, he must surely pay ⁶  ox for ox, and the dead animal will become his. ⁷ 

Laws about Property

22:1 ⁸ (21:37) ⁹  “If a man steals an ox or a sheep and kills it or sells it, he must pay back ¹⁰  five head of cattle for the ox, and four sheep for the one sheep. ¹¹ 

22:2 “If a thief is caught ¹²  breaking in ¹³  and is struck so that he dies, there will be no blood guilt for him. ¹⁴  22:3 If the sun has risen on him, then there is blood guilt for him. A thief ¹⁵  must surely make full restitution; if he has nothing, then he will be sold for his theft. 22:4 If the stolen item should in fact be found ¹⁶  alive in his possession, ¹⁷  whether it be an ox or a donkey or a sheep, he must pay back double. ¹⁸ 

22:5 “If a man grazes ¹⁹  his livestock ²⁰  in a field or a vineyard, and he lets the livestock loose and they graze in the field of another man, he must make restitution from the best of his own field and the best of his own vineyard.

22:6 “If a fire breaks out and spreads ²¹  to thorn bushes, ²²  so that stacked grain or standing grain or the whole field is consumed, the one who started ²³  the fire must surely make restitution.

[21:34]  ¹ tn The verb is a Piel imperfect from שָׁלַם (shalam); it has the idea of making payment in full, making recompense, repaying. These imperfects could be given a future tense translation as imperfects of instruction, but in the property cases an obligatory imperfect fits better – this is what he is bound or obliged to do – what he must do.

[21:34]  ² tn Heb “silver.”

[21:34]  ³ tn Here the term “animal” has been supplied.

[21:35]  ⁴ tn Literally “its silver” or “silver for it.”

[21:35]  ⁵ tn Heb “divide the dead.” The noun “ox” has been supplied.

[21:36]  ⁶ tn The construction now uses the same Piel imperfect (v. 34) but adds the infinitive absolute to it for emphasis.

[21:36]  ⁷ sn The point of this section (21:28-36) seems to be that one must ensure the safety of others by controlling one’s property and possessions. This section pertained to neglect with animals, but the message would have applied to similar situations. The people of God were to take heed to ensure the well-being of others, and if there was a problem, it had to be made right.

[22:1]  ⁸ sn The next section of laws concerns property rights. These laws protected property from thieves and oppressors, but also set limits to retribution. The message could be: God’s laws demand that the guilty make restitution for their crimes against property and that the innocent be exonerated.

[22:1]  ⁹ sn Beginning with 22:1, the verse numbers through 22:31 in the English Bible differ from the verse numbers in the Hebrew text (BHS), with 22:1 ET = 21:37 HT, 22:2 ET = 22:1 HT, etc., through 22:31 ET = 22:30 HT. Thus in the English Bible ch. 22 has 31 verses, while in the Hebrew Bible it has 30 verses, with the one extra verse attached to ch. 21 in the Hebrew Bible.

[22:1]  ¹⁰ tn The imperfect tense here has the nuance of obligatory imperfect – he must pay back.

[22:1]  ¹¹ tn בָּקַר (baqar) and צֹאן (tso’n) are the categories to which the ox and the sheep belonged, so that the criminal had some latitude in paying back animals.

[22:2]  ¹² tn Heb “found” (so KJV, ASV, NRSV).

[22:2]  ¹³ tn The word בַּמַּחְתֶּרֶת (bammakhteret) means “digging through” the walls of a house (usually made of mud bricks). The verb is used only a few times and has the meaning of dig in (as into houses) or row hard (as in Jonah 1:13).

[22:2]  ¹⁴ tn The text has “there is not to him bloods.” When the word “blood” is put in the plural, it refers to bloodshed, or the price of blood that is shed, i.e., blood guiltiness.

[22:2]  sn This law focuses on what is reasonable defense against burglary. If someone killed a thief who was breaking in during the night, he was not charged because he would not have known it was just a thief, but if it happened during the day, he was guilty of a crime, on the assumption that in daylight the thief posed no threat to the homeowner’s life and could be stopped and made to pay restitution.

[22:3]  ¹⁵ tn The words “a thief” have been added for clarification. S. R. Driver (Exodus, 224) thinks that these lines are out of order, since some of them deal with killing the thief and then others with the thief making restitution, but rearranging the clauses is not a necessary way to bring clarity to the paragraph. The idea here would be that any thief caught alive would pay restitution.

[22:4]  ¹⁶ tn The construction uses a Niphal infinitive absolute and a Niphal imperfect: if it should indeed be found. Gesenius says that in such conditional clauses the infinitive absolute has less emphasis, but instead emphasizes the condition on which some consequence depends (see GKC 342-43 §113.o).

[22:4]  ¹⁷ tn Heb “in his hand.”

[22:4]  ¹⁸ sn He must pay back one for what he took, and then one for the penalty – his loss as he was inflicting a loss on someone else.

[22:5]  ¹⁹ tn The verb בָּעַר (ba’ar, “graze”) as a denominative from the word “livestock” is not well attested. So some have suggested that with slight changes this verse could be read: “If a man cause a field or a vineyard to be burnt, and let the burning spread, and it burnt in another man’s field” (see S. R. Driver, Exodus, 225).

[22:5]  ²⁰ tn The phrase “his livestock” is supplied from the next clause.

[22:6]  ²¹ tn Heb “if a fire goes out and finds”; NLT “if a fire gets out of control.”

[22:6]  ²² sn Thorn bushes were used for hedges between fields, but thorn bushes also burned easily, making the fire spread rapidly.

[22:6]  ²³ tn This is a Hiphil participle of the verb “to burn, kindle” used substantivally. This is the one who caused the fire, whether by accident or not.