Exodus
Chapter 22
If a thief is caught breaking into a house and receives a mortal blow, the man who struck him will not be guilty of his death;
but if it happened after dawn, he will be guilty of murder. The thief must make full restitution. If he cannot do this, he must be sold for the value of what he has stolen.
If what has been stolen is found alive in his possession, be it an ox, donkey, or sheep, he must pay double.
If a man puts his animals to graze and lets them stray and feed in another man’s field or vineyard, he must make good the loss with the best of his own crop and the best of his vineyard.
When a fire breaks out and spreads through the thorn bushes, burning the grain that is either stacked or growing there, the one who started the fire must pay for the damage.
If a man gives money or goods to another to keep for him, and they are stolen, the thief, if he is found, shall pay back double.
Should the thief not be found, the man who owns the house must swear before the judges that he has not stolen the other man’s property.
Whenever there is a failure of trust, whether it concerns an ox, donkey, sheep, clothing, or any other lost object, the case shall be brought before the judges. The person the judges find guilty shall pay double to the other.
If a man entrusts his donkey, cow, sheep, or other animals to his neighbor, and the animal dies or is injured or is carried off without being seen,
an oath before the Lord shall prove that the man has not stolen the other’s property. The animal’s owner shall accept the oath, and the other shall not make restitution.
But if the animal has been stolen, restitution shall be made.
If wild beasts killed the animal, the man must bring the remains as evidence, but shall not pay anything.
When a man borrows an animal from his neighbor and the animal is injured or dies when the owner is not present, the man who borrowed must pay for it.
But if the owner is present, the borrower need not pay.
If a man seduces a virgin who is not betrothed and lies with her, he shall pay the “bride price” and marry her.
If her father refuses to give her to him, he shall pay money equal to that for a virgin given in marriage.
Apodictic Legislation (Divine Laws)
You shall not allow a sorceress to live.
Whoever has sexual relations with a beast shall die.
Whoever sacrifices to any god other than the Lord shall die.
You shall not wrong or oppress a stranger, for you were strangers in the land of Egypt.
You shall not harm the widow or the orphan.
If you do harm them and they cry out to me, I will hear them
and my anger will blaze and I will kill you with the sword, and your own wives will be widows and your own children orphans.
If you lend money to any of my poor people, do not act like a moneylender and do not charge them interest.
If you ever take a person’s cloak as a pledge, you must give it back to him by sunset,
for it is all the covering he has for his body. In what else will he sleep? And when he cries to me, I will hear him, for I am full of pity.
Do not revile God or curse a ruler of your people.
Do not delay giving me my share of your wheat and wine.
You shall give me the firstborn of your sons.
It shall be the same for your cattle and sheep. The firstborn shall stay with its mother for seven days; you shall give it to me on the eighth day.
You shall be consecrated to my service. Do not eat the flesh torn by wild animals; let it be given to the dogs.
Commentaries
Laws Concerning Property.
This section discusses crimes against property, including theft, abuse, or negligence toward others’ belongings. In every case, there is no death penalty. Israel avoided enacting capital punishment for theft and instead imposed strict fines and compensation when the crime was proven (21:37). Cases requiring evidence or where suspects needed to prove their innocence were settled before the Lord. These matters were likely addressed at the sanctuary, possibly through a declaration of innocence invoking the Name of the Lord. This act was serious and required the other party to comply with it. To disrespect the oath would be to disrespect the very name of the Lord, even though someone could maliciously invoke the divine Name. That is what the second commandment prohibits: “Do not take the name of the Lord your God. For the Lord will not leave unpunished anyone who takes his name in vain” (20:7). The section ends with the case of a girl’s seduction (22:15f), right after laws about stealing bulls, donkeys, and other personal property. The woman, whether wife or daughter, was often viewed as a form of personal property, valued less than a bull, a donkey, or a slave.
Apodictic Legislation (Divine Laws).
The apodictic legislation—that is, a series of imperative commands—actually extends to 23:19. In many ways, it even surpasses the Ten Commandments; by emphasizing the love and mercy owed to one’s neighbor, it goes beyond the mere ethical concern and fairness of the Decalogue. Although the narrative context places us at Sinai during the declaration of the Covenant code, all these commandments and rules presuppose a long history of Israel as a people in the land of Canaan. When Israel reflects on its past, origins, and foundational commitments, it projects those norms onto its roots, considering them necessary to improve its present and, above all, to walk more securely into the future. Some laws reflect great sensitivity and harmony with the will of God (20-26); others, however, may seem unjust or even contrary to God’s will. We cannot separate these laws from their context or judge them by today’s standards. Still, we also cannot cling to the simple idea that God permitted these things because it involved a developing people. God never desired, nor will He ever desire, such things; it is the people’s conscience that projects what they see as God’s will at a specific moment, and God assumes the risk of later appearing “a posteriori” as unjust or insensitive in certain aspects.