Keluaran 22:1-4

Laws about Property

22:1 ¹ (21:37) ²  “If a man steals an ox or a sheep and kills it or sells it, he must pay back ³  five head of cattle for the ox, and four sheep for the one sheep. ⁴ 

22:2 “If a thief is caught ⁵  breaking in ⁶  and is struck so that he dies, there will be no blood guilt for him. ⁷  22:3 If the sun has risen on him, then there is blood guilt for him. A thief ⁸  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 ⁹  alive in his possession, ¹⁰  whether it be an ox or a donkey or a sheep, he must pay back double. ¹¹ 

Imamat 6:2-5

6:2 “When a person sins and commits a trespass ¹²  against the Lord by deceiving his fellow citizen ¹³  in regard to something held in trust, or a pledge, or something stolen, or by extorting something from his fellow citizen, ¹⁴  6:3 or has found something lost and denies it and swears falsely ¹⁵  concerning any one of the things that someone might do to sin ¹⁶  – 6:4 when it happens that he sins and he is found guilty, ¹⁷  then he must return whatever he had stolen, or whatever he had extorted, or the thing that he had held in trust, ¹⁸  or the lost thing that he had found, 6:5 or anything about which he swears falsely. ¹⁹  He must restore it in full ²⁰  and add one fifth to it; he must give it to its owner when he is found guilty. ²¹ 

[22:1]  ¹ 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]  ² 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]  ³ tn The imperfect tense here has the nuance of obligatory imperfect – he must pay back.

[22:1]  ⁴ 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]  ⁵ tn Heb “found” (so KJV, ASV, NRSV).

[22:2]  ⁶ 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]  ⁷ 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]  ⁸ 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]  ⁹ 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]  ¹⁰ tn Heb “in his hand.”

[22:4]  ¹¹ 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.

[6:2]  ¹² tn Heb “trespasses a trespass” (verb and direct object from the same Hebrew root מַעַל, ma’al). See the note on 5:15.

[6:2]  ¹³ tn Or “neighbor” (ASV, NAB, NIV, NRSV, NLT); NASB “companion”; TEV “a fellow-Israelite.”

[6:2]  ¹⁴ tn Heb “has extorted his neighbor”; ASV “oppressed”; NRSV “defrauded.”

[6:3]  ¹⁵ tn Heb “and swears on falsehood”; cf. CEV “deny something while under oath.”

[6:3]  ¹⁶ tn Heb “on one from all which the man shall do to sin in them.”

[6:4]  ¹⁷ tn Heb “and it shall happen, when he sins and becomes guilty,” which is both resumptive of the previous (vv. 2-3) and the conclusion to the protasis (cf. “then” introducing the next clause as the apodosis). In this case, “becomes guilty” (cf. NASB, NIV) probably refers to his legal status as one who has been convicted of a crime in court; thus the translation “he is found guilty.” See R. E. Averbeck, NIDOTTE 1:559-61.

[6:4]  ¹⁸ tn Heb “that had been held in trust with him.”

[6:5]  ¹⁹ tn Heb “or from all which he swears on it to falsehood.”

[6:5]  ²⁰ tn Heb “in its head.” This refers “the full amount” in terms of the “principal,” the original item or amount obtained illegally (J. Milgrom, Leviticus [AB], 1:338; J. E. Hartley, Leviticus [WBC], 84).

[6:5]  ²¹ tn Heb “to whom it is to him he shall give it in the day of his being guilty.” The present translation is based on the view that he has been found guilty through the legal process (see the note on v. 4 above; cf., e.g., TEV and B. A. Levine, Leviticus [JPSTC], 33-34). Others translate the latter part as “in the day he offers his guilt [reparation] offering” (e.g., NIV and J. E. Hartley, Leviticus [WBC], 73, 84), or “in the day he realizes his guilt” (e.g., NRSV and J. Milgrom, Leviticus [AB], 1:319, 338).