Exodus 22:1-6 E. Theft and Damage. Fourfold restitution was due (Exodus 22:1), as in Roman law and Bedawin custom, for theft of a sheep (though fivefold for the doubly useful ox), reduced to twofold (Exodus 22:4) if returned alive (i.e. the stolen animal and another). A similar principle is found in Bab., Gr., Roman, and Indian law Probably Exodus 22:3 b links Exodus 22:4 directly to Exodus 22:1, providing that a pauper thief shall be sold to provide restitution money. Then, Budde suggests, Exodus 22:2-3 a will be a wrongly placed supplement, giving immunity if a robber be killed in the act, unless it be in daylight. The next case is clearer if, with slight changes of letters, we read, if a man cause a field. to be burnt, and let the burning spread, and it burn in another man's field, etc. In that case, if his bonfire kindled a thorn hedge and burnt up good crops an easy matter in the heat of summer he must replace with the best of his own crops (Exodus 22:5); but an accidental fire called for bare compensation only (Exodus 22:6).
Exodus 22:1-6
1 If a man shall steal an ox, or a sheep,a and kill it, or sell it; he shall restore five oxen for an ox, and four sheep for a sheep.
2 If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him.
3 If the sun be risen upon him, there shall be blood shed for him; for he should make full restitution; if he have nothing, then he shall be sold for his theft.
4 If the theft be certainly found in his hand alive, whether it be ox, or ass, or sheep; he shall restore double.
5 If a man shall cause a field or vineyard to be eaten, and shall put in his beast, and shall feed in another man's field; of the best of his own field, and of the best of his own vineyard, shall he make restitution.
6 If fire break out, and catch in thorns, so that the stacks of corn, or the standing corn, or the field, be consumed therewith; he that kindled the fire shall surely make restitution.