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Text -- Exodus 22:1 (NET)

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Context
Laws about Property
22:1 “If a man steals an ox or a sheep and kills it or sells it, he must pay back five head of cattle for the ox, and four sheep for the one sheep.
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Names, People and Places, Dictionary Themes and Topics

Dictionary Themes and Topics: Theft | SLAVE; SLAVERY | SLAVE | SANCTUARY | Revelation | Restitution | NUMBER | LAW OF MOSES | Israel | Fine | Cattle | CRIME; CRIMES | COVENANT, BOOK OF THE | Bull | Book | Animals | more
Table of Contents

Word/Phrase Notes
Wesley , JFB , Clarke , Calvin , TSK

Word/Phrase Notes
Barnes , Poole , Haydock , Gill

Verse Notes / Footnotes
NET Notes , Geneva Bible

Verse Range Notes
TSK Synopsis , MHCC , Matthew Henry , Keil-Delitzsch , Constable , Guzik

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Commentary -- Word/Phrase Notes (per phrase)

Wesley: Exo 22:1 - -- More for an ox than for a sheep, because the owner, besides all the other profit, lost the daily labour of his ox. If we were not able to make restitu...

More for an ox than for a sheep, because the owner, besides all the other profit, lost the daily labour of his ox. If we were not able to make restitution, he must be sold for a slave: the court of judgment was to do it, and it is likely the person robbed received the money. Thus with us in some cases, felons are transported to the Plantations, where only, Englishmen know what slavery is. But let it be observed, the sentence is not slavery, but banishment: nor can any Englishman be sold, unless he first indent himself to the captain that carries him over.

JFB: Exo 22:1-4 - -- The law respects the theft of cattle which constituted the chief part of their property. The penalty for the theft of a sheep which was slain or sold,...

The law respects the theft of cattle which constituted the chief part of their property. The penalty for the theft of a sheep which was slain or sold, was fourfold; for an ox fivefold, because of its greater utility in labor; but, should the stolen animal have been recovered alive, a double compensation was all that was required, because it was presumable he (the thief) was not a practised adept in dishonesty. A robber breaking into a house at midnight might, in self-defense, be slain with impunity; but if he was slain after sunrise, it would be considered murder, for it was not thought likely an assault would then be made upon the lives of the occupants. In every case where a thief could not make restitution, he was sold as a slave for the usual term.

Clarke: Exo 22:1 - -- If a man shall steal - This chapter consists chiefly of judicial laws, as the preceding chapter does of political; and in it the same good sense, an...

If a man shall steal - This chapter consists chiefly of judicial laws, as the preceding chapter does of political; and in it the same good sense, and well-marked attention to the welfare of the community and the moral improvement of each individual, are equally evident

In our translation of this verse, by rendering different Hebrew words by the same term in English, we have greatly obscured the sense. I shall produce the verse with the original words which I think improperly translated, because one English term is used for two Hebrew words, which in this place certainly do not mean the same thing. If a man shall steal an ox ( שור shor ) or a sheep, ( שה seh ), and kill it, or sell it; he shall restore five oxen ( בקר bakar ) for an ox, ( שור shor ), and four sheep ( צאן tson ) for a sheep ( שה seh ). I think it must appear evident that the sacred writer did not intend that these words should be understood as above. A shor certainly is different from a bakar , and a seh from a tson . Where the difference in every case lies, wherever these words occur, it is difficult to say. The shor and the bakar are doubtless creatures of the beeve kind, and are used in different parts of the sacred writings to signify the bull, the ox, the heifer, the steer, and the calf. The seh and the tson are used to signify the ram, the wether, the ewe, the lamb, the he-goat, the she-goat, and the kid. And the latter word צאן tson seems frequently to signify the flock, composed of either of these lesser cattle, or both sorts conjoined

As שור shor is used, Job 21:10, for a bull probably it may mean so here. If a man steal a Bull he shall give five Oxen for him, which we may presume was no more than his real value, as very few bulls could be kept in a country destitute of horses, where oxen were so necessary to till the ground. For though some have imagined that there were no castrated cattle among the Jews, yet this cannot be admitted on the above reason; for as they had no horses, and bulls would have been unmanageable and dangerous, they must have had oxen for the purposes of agriculture. Tson צאן is used for a flock either of sheep or goats, and seh שה for an individual of either species. For every seh , four, taken indifferently from the tson or flock must be given; i.e., a sheep stolen might be recompensed with four out of the flock, whether of sheep or goats: so that a goat might be compensated with four sheep, or a sheep with four goats.

Calvin: Exo 22:1 - -- Thus far God has proclaimed Himself the avenger of iniquities, and, citing thieves before His tribunal, has threatened them with eternal death. Now f...

Thus far God has proclaimed Himself the avenger of iniquities, and, citing thieves before His tribunal, has threatened them with eternal death. Now follow the civil laws, the principle of which is not so exact and perfect; since in their enactment God has relaxed His just severity in consideration of the people’s hardness of heart.

What God formerly delivered to His people the heathen legislators afterwards borrowed. Draco, indeed, was more severe, but his extreme rigor became obsolete by the silent consent of the people of Athens; and the Decemvirs borrowed from Solon part of their law, which they published in the ten tables, although there were some variations in the distinction of the double or quadruple restitution, and in process of time other alterations were afterwards made. But if all things be duly considered, it will be found that both Solon and the Decemvirs have made a change for the worse, wherever they have varied from the law of God. First of all, no distinction 132 is here made, such as the Roman laws decree, between manifest thieves and those that are not manifest; for by them the thief not manifest is condemned to a double amend, and the manifest to quadruple; and he is called a manifest thief who is caught before he has carried what he has stolen to the place of its destination. I suppose that the awarders of the punishment had this point in view, that the wickedness of that person was the more egregious who was so greedily and anxiously set on his prey as not to be afraid of disgrace; and undoubtedly he who has no fear of shame is more audacious ill sin. But, on the contrary, God condemns to a double amend those upon whom the stolen goods were found; and to quadruple, those who had killed or sold it; and deservedly so, because greater obstinacy in crime betrays itself where the theft is turned to profit, nor is there any hope of repentance; and thus by this further process the crime of dishonesty is doubled. It might be that, immediately after the offense, the thief should be alarmed; but he who had dared to kill the stolen animal or to sell it, is altogether hardened in his sin. Besides, the more difficult its investigation is, the greater is the punishment which a misdemeanor deserves. Meanwhile, it is to be remembered, that the pecuniary fine imposed upon thieves did not free them from guilt; for, as Marcellus says, 133 not even the president of a province can bring it to pass, that infamy should not pursue a man condemned of theft; and there was no need of establishing by law that in which all by nature are agreed. Thus, when God punished thieves by a fine, He left them still marked by infamy. I know not whether they 134 assign the true cause why he who had stolen an ox is fined to a larger amount than he who had stolen a goat, or sheep, or other cattle, who say that the loss of the owner is taken into account to whom the labor of the ox is especially useful in agriculture; for what is said as to an ox I extend to cows and the whole herd. Those seem to come nearer to the truth who say the audacity of the thief is punished who, when he stole the larger animal, did not fear being observed by witnesses; yet it seems to me more likely that the different sentence depended on the price of the article; for assuredly it is more reasonable that he who has done the most harm should be exposed to the greater punishment.

TSK: Exo 22:1 - -- sheep : or, goat he shall : There is a smaller compensation required in other things (Exo 22:9), and also a disproportion between an ox and a sheep. T...

sheep : or, goat

he shall : There is a smaller compensation required in other things (Exo 22:9), and also a disproportion between an ox and a sheep. The reason of the former is, as Maimonides explains it, because money, goods, etc., are better guarded in houses and cities, than cattle in a field; which consequently can be more easily stolen. The reason of the latter seems to be, as it is explained by Bishop Patrick, that an ox was of greater value, and more useful for the purposes of husbandry. Lev 6:1-6; Num 5:7; 2Sa 12:6; Pro 6:31; Luk 19:8

five oxen : Pro 14:4

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Commentary -- Word/Phrase Notes (per Verse)

Barnes: Exo 22:1 - -- The theft of an ox appears to have been regarded as a greater crime than the theft of a sheep, because it showed a stronger purpose in wickedness to...

The theft of an ox appears to have been regarded as a greater crime than the theft of a sheep, because it showed a stronger purpose in wickedness to take the larger and more powerful animal. It may have been on similar moral ground that the thief, when he had proved his persistency in crime by adding to his theft the slaughter, or sale, of the animal, was to restore four times its value in the case of a sheep (compare the marginal references), and five times its value in the case of an ox; but if the animal was still in his possession alive (see Exo 22:4) he had to make only twofold restitution.

Poole: Exo 22:1 - -- An ox, or a sheep or, an ass , which is added Exo 22:4 , and consequently any other living creature, to be valued according to its worth and use to...

An ox, or a sheep or, an ass , which is added Exo 22:4 , and consequently any other living creature, to be valued according to its worth and use to man, proportionably to the rule here laid down. Only these are instanced in for their usefulness in the service both of God and men.

Or sell it which was an aggravation of the crime, and a token of greater boldness, resolvedness, and expertness in the trade of thieving, than was in him who kept it at home, Exo 22:4 .

Four sheep for a sheep

Quest. 1. Why so much, seeing the stealer of other things was tied to restore but double?

Answ 1. For terror, because these beasts being kept in the fields might more easily be stolen.

2. Because the loss of these was greater than of other things; for they did not only lose what the cattle might be sold for, but all the service, increase, and other benefits which a man might receive from them.

Quest. 2. Why more for oxen than for sheep?

Answ 1. Because it argued greater boldness and customariness in the thief to steal that which might more easily be discovered.

2. Because besides the intrinsical worth of the ox, the labour of the ox was very considerable to his owner, Pro 14:4 , and therefore the loss greater.

Haydock: Exo 22:1 - -- Five oxen; because they are of greater value than sheep. (Theodoret) --- As these things may easily be stolen, a heavier fine is imposed than on ...

Five oxen; because they are of greater value than sheep. (Theodoret) ---

As these things may easily be stolen, a heavier fine is imposed than on those who steal money. The Scythians punish theft with the utmost severity. (Grotius) ---

All these punishments, till the 25th chapter, were inflicted by the judge. (Tirinus)

Gill: Exo 22:1 - -- If a man shall steal an ox or a sheep,.... In which the substance of men chiefly lay in those times, and particularly the people of Israel, who were n...

If a man shall steal an ox or a sheep,.... In which the substance of men chiefly lay in those times, and particularly the people of Israel, who were now come out of Egypt, with their flocks and herds, and these lying near together, were the more liable to be stolen; and hence also the laws in the preceding chapter concerning oxen and damages done by them, and oxen and sheep are only mentioned; perhaps chiefly because used in sacrifice, as well as serviceable for other things; not but that stealing other cattle and other things were criminal and forbidden, and to be punished in proportion:

and kill it, or sell it; either of which cases would plainly show that he took it away with an intention to deprive the owner of it, and to convert it to his own use:

he shall restore five oxen for an ox, and four sheep for a sheep; the reason of this difference, five being obliged to be given for the one, and but four for the other, is, because the one was more valuable than the other, as well as more useful, and also more easily stolen, and therefore the greater mulct or fine was laid upon the theft of it, to deter from it: the Targum of Jonathan expresses the reason of the law thus; five for oxen, because the theft of them hindered from ploughing, or made to cease from it; and for sheep but four, because there was trouble in the theft of them, and there was no tillage or agriculture by them: and Saadiah Gaon observes, that the damage that comes to the owner of the ox is more than that by a lamb, because with it, the ox, he ploughs, which is a creature that was used in those countries to be employed in that service, as well as in treading out the corn: Maimonides u accounts for it thus,"the restitution of the theft of oxen is increased by one, because the theft of them is easy; sheep are fed in flocks, and are easily kept and watched, and can scarcely be taken away by theft but in the night; but oxen are fed scattered here and there, and therefore cannot be so easily kept by the herdsmen; hence also their theft used to be more common:''four fold restitution was in use with the ancient Persians, with whom it was a rule,"whoever took any substance of another, in retaliation they took fourfold from him, and if he restored it, he gave fourfold of the same w.''

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Commentary -- Verse Notes / Footnotes

NET Notes: Exo 22:1 בָּקַר (baqar) and צֹאן (tso’n) are the categories to which the ox and the sheep bel...

Geneva Bible: Exo 22:1 If a man shall steal an ( a ) ox, or a sheep, and kill it, or sell it; he shall restore five oxen for an ox, and four sheep for a sheep. ( a ) Either...

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Commentary -- Verse Range Notes

TSK Synopsis: Exo 22:1-31 - --1 Of theft.5 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...

MHCC: Exo 22:1-31 - --The people of God should ever be ready to show mildness and mercy, according to the spirit of these laws. We must answer to God, not only for what we ...

Matthew Henry: Exo 22:1-6 - -- Here are the laws, I. Concerning theft, which are these: - 1. If a man steal any cattle (in which the wealth of those times chiefly consisted), and ...

Keil-Delitzsch: Exo 22:1-4 - -- With regard to cattle-stealing , the law makes a distinction between what had been killed or sold, and what was still alive and in the thief's hand...

Constable: Exo 15:22--Lev 1:1 - --II. THE ADOPTION OF ISRAEL 15:22--40:38 The second major section of Exodus records the events associated with Go...

Constable: Exo 19:1--24:12 - --B. The establishment of the Mosaic Covenant 19:1-24:11 The Lord had liberated Israel from bondage in Egy...

Constable: Exo 20:22--24:1 - --4. The stipulations of the Book of the Covenant 20:22-23:33 Israel's "Bill of Rights" begins her...

Constable: Exo 21:1--23:13 - --The fundamental rights of the Israelites 21:1-23:12 It is very important to note that va...

Constable: Exo 21:33--22:16 - --Property damage 21:33-22:15 21:33-34 The pit represents a typical case of damage caused by an inanimate object or natural phenomenon. These specific c...

Guzik: Exo 22:1-31 - --Exodus 22 - More Laws to Direct Judges A. Laws regarding personal property and restitution. 1. (1-4) Restitution required in cases of theft. "...

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Introduction / Outline

JFB: Exodus (Book Introduction) EXODUS, a "going forth," derives its name from its being occupied principally with a relation of the departure of the Israelites from Egypt, and the i...

JFB: Exodus (Outline) INCREASE OF THE ISRAELITES. (Exo. 1:1-22) BIRTH AND PRESERVATION OF MOSES. (Exo 2:1-10) there went a man of the house of Levi, &c. Amram was the hus...

TSK: Exodus (Book Introduction) The title of this Book is derived from the Septuagint; in which it is called ΕΞΟΔΟΣ , " Exodus;" or, as it is in the Codex Alexandrinus, Ε...

TSK: Exodus 22 (Chapter Introduction) Overview Exo 22:1, Of theft; Exo 22:5, Of damage; Exo 22:7, Of trespasses; Exo 22:14, Of borrowing; Exo 22:16, Of fornication; Exo 22:18, Of witch...

Poole: Exodus (Book Introduction) SECOND BOOK OF MOSES CALLED EXODUS. THE ARGUMENT. AFTER the death of Joseph, who had sent for his father’ s house into Egypt, the children o...

Poole: Exodus 22 (Chapter Introduction) CHAPTER 22 Of theft, Exo 22:1-4 . Of eating another man’ s vineyard, Exo 2:5 Of hurt coming by fire, Exo 22:6 . Of hurt coming to goods commi...

MHCC: Exodus (Book Introduction) The Book of Exodus relates the forming of the children of Israel into a church and a nation. We have hitherto seen true religion shown in domestic lif...

MHCC: Exodus 22 (Chapter Introduction) Judicial laws.

Matthew Henry: Exodus (Book Introduction) An Exposition, with Practical Observations, of The Second Book of Moses, Called Exodus Moses (the servant of the Lord in writing for him as well as ...

Matthew Henry: Exodus 22 (Chapter Introduction) The laws of this chapter relate, I. To the eighth commandment, concerning theft (Exo 22:1-4), trespass by cattle (Exo 22:5), damage by fire (Exo 2...

Constable: Exodus (Book Introduction) Introduction Title The Hebrew title of this book (we'elleh shemot) originated from the...

Constable: Exodus (Outline) Outline I. The liberation of Israel 1:1-15:21 A. God's preparation of Israel and Moses chs. ...

Constable: Exodus Exodus Bibliography Adams, Dwayne H. "The Building Program that Works (Exodus 25:4--36:7 [31:1-11])." Exegesis ...

Haydock: Exodus (Book Introduction) THE BOOK OF EXODUS. INTRODUCTION. The second Book of Moses is called Exodus from the Greek word Exodos, which signifies going out; becaus...

Gill: Exodus (Book Introduction) INTRODUCTION TO EXODUS This book is called by the Jews Veelleh Shemoth, from the first words with which it begins, and sometimes Sepher Shemoth, an...

Gill: Exodus 22 (Chapter Introduction) INTRODUCTION TO EXODUS 22 This chapter contains various laws concerning theft, Exo 22:1, concerning damage done to fields and vineyards by beasts, ...

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