Exodus 21:36--22:1

21:36 Or if it is known that the ox had the habit of goring, and its owner did not take the necessary precautions, he must surely pay ¹  ox for ox, and the dead animal will become his. ² 

Laws about Property

22:1 ³ (21:37) ⁴  “If a man steals an ox or a sheep and kills it or sells it, he must pay back ⁵  five head of cattle for the ox, and four sheep for the one sheep. ⁶ 

Exodus 22:5

22:5 “If a man grazes ⁷  his livestock ⁸  in a field or a vineyard, and he lets the livestock loose and they graze in the field of another man, he must make restitution from the best of his own field and the best of his own vineyard.

[21:36]  ¹ tn The construction now uses the same Piel imperfect (v. 34) but adds the infinitive absolute to it for emphasis.

[21:36]  ² sn The point of this section (21:28-36) seems to be that one must ensure the safety of others by controlling one’s property and possessions. This section pertained to neglect with animals, but the message would have applied to similar situations. The people of God were to take heed to ensure the well-being of others, and if there was a problem, it had to be made right.

[22:1]  ³ 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]  ⁴ 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]  ⁵ tn The imperfect tense here has the nuance of obligatory imperfect – he must pay back.

[22:1]  ⁶ 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.

[22:5]  ⁵ tn The verb בָּעַר (ba’ar, “graze”) as a denominative from the word “livestock” is not well attested. So some have suggested that with slight changes this verse could be read: “If a man cause a field or a vineyard to be burnt, and let the burning spread, and it burnt in another man’s field” (see S. R. Driver, Exodus, 225).

[22:5]  ⁶ tn The phrase “his livestock” is supplied from the next clause.