Exo 22:1-4 | Clarke | STEP | Laws concerning theft, ; concerning trespass, ; concerning casualties, . Laws concerning deposits, or goods left in custody of others, which may have been lost, stolen, or damaged, . Laws concerning things borrowed or let out on hire, , . Laws concerning seduction, , . Laws concerning witchcraft, ; bestiality, ; idolatry, . Laws concerning strangers, ; concerning widows, ; lending money to the poor, ; concerning pledges, ; concerning respect to magistrates, ; concerning the first ripe fruits, and the first-born of man and beast, , . Directions concerning carcasses found torn in the field, . Verse 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, 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, , 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.

Exodus 22:1-4

Introduction

Laws concerning theft, Exo 22:1-4; concerning trespass, Exo 22:5; concerning casualties, Exo 22:6. Laws concerning deposits, or goods left in custody of others, which may have been lost, stolen, or damaged, Exo 22:7-13. Laws concerning things borrowed or let out on hire, Exo 22:14, Exo 22:15. Laws concerning seduction, Exo 22:16, Exo 22:17. Laws concerning witchcraft, Exo 22:18; bestiality, Exo 22:19; idolatry, Exo 22:20. Laws concerning strangers, Exo 22:21; concerning widows, Exo 22:22-24; lending money to the poor, Exo 22:25; concerning pledges, Exo 22:26; concerning respect to magistrates, Exo 22:28; concerning the first ripe fruits, and the first-born of man and beast, Exo 22:29, Exo 22:30. Directions concerning carcasses found torn in the field, Exo 22:31.

Verse 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, 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. Verse 2

If a thief be found - If a thief was found breaking into a house in the night season, he might be killed; but not if the sun had risen, for then he might be known and taken, and the restitution made which is mentioned in the succeeding verse. So by the law of England it is a burglary to break and enter a house by night; and "anciently the day was accounted to begin only from sunrising, and to end immediately upon sunset: but it is now generally agreed that if there be daylight enough begun or left, either by the light of the sun or twilight, whereby the countenance of a person may reasonably be discerned, it is no burglary; but that this does not extend to moonlight, for then many midnight burglaries would go unpunished. And besides, the malignity of the offense does not so properly arise, as Mr. Justice Blackstone observes, from its being done in the dark, as at the dead of night when all the creation except beasts of prey are at rest; when sleep has disarmed the owner, and rendered his castle defenceless." - East's Pleas of the Crown, vol. ii., p. 509. Verse 4

He shall restore double - In no case of theft was the life of the offender taken away; the utmost that the law says on this point is, that, if when found breaking into a house, he should be smitten so as to die, no blood should be shed for him; Exo 22:2. If he had stolen and sold the property, then he was to restore four or fivefold, Exo 22:1; but if the animal was found alive in his possession, he was to restore double.