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 9 breaking in 10 and is struck so that he dies, there will be no blood guilt for him. 11
20:18 He gives back the ill-gotten gain 15
without assimilating it; 16
he will not enjoy the wealth from his commerce. 17
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.
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.
3 tn The imperfect tense here has the nuance of obligatory imperfect – he must pay back.
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.
5 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.
6 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).
7 tn Heb “in his hand.”
8 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.
9 tn Heb “found” (so KJV, ASV, NRSV).
10 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).
11 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.
12 tn The text has וְהָיָה לָכֶם לְמִשְׁמֶרֶת (vÿhaya lakem lÿmishmeret, “and it will be for you for a keeping”). This noun stresses the activity of watching over or caring for something, probably to keep it in its proper condition for its designated use (see 16:23, 32-34).
13 tn Heb “all the assembly of the community.” This expression is a pleonasm. The verse means that everyone will kill the lamb, i.e., each family unit among the Israelites will kill its animal.
14 tn Heb “between the two evenings” or “between the two settings” (בֵּין הָעַרְבָּיִם, ben ha’arbayim). This expression has had a good deal of discussion. (1) Tg. Onq. says “between the two suns,” which the Talmud explains as the time between the sunset and the time the stars become visible. More technically, the first “evening” would be the time between sunset and the appearance of the crescent moon, and the second “evening” the next hour, or from the appearance of the crescent moon to full darkness (see Deut 16:6 – “at the going down of the sun”). (2) Saadia, Rashi, and Kimchi say the first evening is when the sun begins to decline in the west and cast its shadows, and the second evening is the beginning of night. (3) The view adopted by the Pharisees and the Talmudists (b. Pesahim 61a) is that the first evening is when the heat of the sun begins to decrease, and the second evening begins at sunset, or, roughly from 3-5
15 tn The idea is the fruit of his evil work. The word יָגָע (yaga’) occurs only here; it must mean ill-gotten gains. The verb is in 10:3.
16 tn Heb “and he does not swallow.” In the context this means “consume” for his own pleasure and prosperity. The verbal clause is here taken adverbially.
17 sn The expression is “according to the wealth of his exchange.” This means he cannot enjoy whatever he gained in his business deals. Some
18 sn Zacchaeus was a penitent man who resolved on the spot to act differently in the face of Jesus’ acceptance of him. In resolving to give half his possessions to the poor, Zacchaeus was not defending himself against the crowd’s charges and claiming to be righteous. Rather as a result of this meeting with Jesus, he was a changed individual. So Jesus could speak of salvation coming that day (v. 9) and of the lost being saved (v. 10).
19 tn This is a first class condition in the Greek text. It virtually confesses fraud.