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Text -- Exodus 22:3 (NET)

Strongs On/Off
Context
22:3 If the sun has risen on him, then there is blood guilt for him. A thief must surely make full restitution; if he has nothing, then he will be sold for his theft.
Parallel   Cross Reference (TSK)   ITL  

Names, People and Places, Dictionary Themes and Topics

Dictionary Themes and Topics: Theft | Servant | SLAVE; SLAVERY | SLAVE | Revelation | Restitution | MURDER | LAW OF MOSES | Israel | HOMICIDE | CRIME; CRIMES | COVENANT, BOOK OF THE | Bull | Book | BLOODGUILTINESS | Animals | more
Table of Contents

Word/Phrase Notes
Wesley , JFB , Calvin , TSK

Word/Phrase Notes
Barnes , Poole , 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 22:3 - -- This the law determined: not that he should die.

This the law determined: not that he should die.

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.

Calvin: Exo 22:3 - -- 3.He should make full restitution. These words, as I have said, are connected with the first verse, since here the execution of the punishment is onl...

3.He should make full restitution. These words, as I have said, are connected with the first verse, since here the execution of the punishment is only enjoined; as if God forbade thieves to be spared, but that they should pay either twofold or quadruple, or even quintuple, according to the measure of their crime. But, if they were unable to pay, He commands them to be sold as slaves, which also was the custom at Rome. Whence the saying of Cato, 136 “that private thieves lived in bonds and fetters, but public ones in gold and purple.” And since this condition was a harsh one, a caution is expressly given, that they were not to be absolved on the score of their poverty. If any one should ask whether it was lawful for the owner of the thing stolen to recover double or quadruple its value, I answer, that what God awards, a man has the best of rights to; meanwhile, in equity men were bound to take care that they did not grow rich at the expense of others, but rather were they to apply whatever they gained to pious and holy uses.

TSK: Exo 22:3 - -- then he shall : Exo 21:2; Jdg 2:14, Jdg 10:7; Isa 50:1

then he shall : Exo 21:2; Jdg 2:14, Jdg 10:7; Isa 50:1

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Commentary -- Word/Phrase Notes (per Verse)

Barnes: Exo 22:2-4 - -- If a thief, in breaking into a dwelling in the night, was slain, the person who slew him did not incur the guilt of blood; but if the same occurred ...

If a thief, in breaking into a dwelling in the night, was slain, the person who slew him did not incur the guilt of blood; but if the same occurred in daylight, the slayer was guilty in accordance with Exo 21:12. The distinction may have been based on the fact that in the light of day there was a fair chance of identifying and apprehending the thief.

Poole: Exo 22:3 - -- There shall be blood shed for him he that kills him shall be put to death, because he punished him more than his crime deserved, and might have been ...

There shall be blood shed for him he that kills him shall be put to death, because he punished him more than his crime deserved, and might have been otherwise either secured or righted; and in that case, it is probable, the thief designed not murder, but theft only. But if it were evident that the housebreaker designed murder, he might doubtless kill him in his own defence.

He shall be sold either so long till his service was worth the thing stolen, or rather for the ordinary time of six years, because this was not a simple thief, but a housebreaker, which was much worse.

Quest. How can he be sold, who is supposed to be killed?

Answ 1. The Hebrew word may be better rendered should be sold , as the foregoing word of the same future time is rendered, should make restitution, to wit, if he were not killed; and therefore the killer of him being sufficiently secured against this injury, was more culpable in killing him without necessity.

Gill: Exo 22:3 - -- If the sun be risen upon him,.... Either upon the thief, or upon the master of the house, or the person that finds the thief and smites him that he di...

If the sun be risen upon him,.... Either upon the thief, or upon the master of the house, or the person that finds the thief and smites him that he dies; it matters not which it is interpreted, it is true of both, for when it is risen on the one, it is on the other:

there shall be blood shed for him; the person that kills him shall die for it: the Targum of Jonathan is,"if it is as clear as the sun (and so Jarchi), that not to kill any he entered, and he should kill him, there is guilt of shedding innocent blood:''because coming at broad daylight, and when the sun was up, it was a plain case he came not with a design to murder, but only to steal; besides, being at such a time, the master of the house could call for help and assistance, and take him; which is what is suggested he should do, and not take away his life, but oblige him, if he had got any of his goods, to restore them, as follows:

for he should makes full restitution; by returning them and as much more, as the following verse shows:

if he have nothing, then he shall be sold for his theft, by the sanhedrim, or court, of judicature: as the Targum of Jonathan, before whom he should be brought, and the theft proved upon him, and unto the year of the remission or release, as the same Targum; nor were such to be sold to strangers, or to serve forever, for they were to be dismissed after six years, as Josephus b observes: and it is a canon with the Jews c, that,"an Hebrew servant whom the sanhedrim sell, they do not sell him but to an Israelite, or to a proselyte of righteousness;''according to the Targum of Jonathan, it seems as if he was to be sold to the person from whom he stole, since it is,"he shall he sold to him;''but if not, however, the price he was sold at was to be given to him for a recompence of his loss; so says Maimonides d,"if he have not goods, neither movable nor immovable the sanhedrim sell him, and give the price to him that is injured, as it is said: "if he have nothing", &c. and adds, a man is sold for his theft but not a woman e:''from hence it appears that theft was not a capital crime by the law of Moses: Draco is said to be the first who made it so; but his law being thought by the Athenians to be too severe, was annulled by them f: the law of the twelve tables, with the Romans greatly agrees with the Mosaic laws about theft; these permitted to kill a thief who should be taken in open theft, if either when he committed the theft it was night or if in the daytime, and he defended himself with weapons when about to be taken g or, as elsewhere expressed h, an open thief was delivered to servitude to him who was robbed, but nocturnal thief it was lawful to kill by the law of the twelve tables.

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Commentary -- Verse Notes / Footnotes

NET Notes: Exo 22:3 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 ...

Geneva Bible: Exo 22:3 If the sun be risen upon him, [there shall be] ( c ) blood [shed] for him; [for] he should make full restitution; if he have nothing, then he shall be...

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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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