Exodus 22, Theft, Damages, Deception

We continue an elaboration of details following from the Ten Commandment of Exodus 20. The examples below provide specific examples of commandments such as "Do not steal" or "Do not commit adultery."  These concepts are expanded in greater detail in Deuteronomy.

Exodus 22: 1-4, Regulations regarding theft

"If a man steals an ox or a sheep and slaughters it or sells it, he must pay back five head of cattle for the ox and four sheep for the sheep.

    

"If a thief is caught breaking in and is struck so that he dies, the defender is not guilty of bloodshed; but if it happens after sunrise, he is guilty of bloodshed. 

    

"A thief must certainly make restitution, but if he has nothing, he must be sold to pay for his theft. 

    

"If the stolen animal is found alive in his possession--whether ox or donkey or sheep--he must pay back double.

I wonder if these examples might describe some of the judicial issues Moses dealt with before his father-in-law stepped in.

(NIV footnotes:  In verse 3 it is likely that the event occurring after sunrise is that of striking the thief.)

Why the distinction between night and sunrise?  Presumably this has to do with visibility and therefore intent?  If you strike a thief after sunrise and kill him then you intended to kill when other options were available?

Exodus 22: 5-6, Damage to a neighbors' field

"If a man grazes his livestock in a field or vineyard and lets them stray and they graze in another man's field, he must make restitution from the best of his own field or vineyard.

    

"If a fire breaks out and spreads into thornbushes so that it burns shocks of grain or standing grain or the whole field, the one who started the fire must make restitution.

Here we deal with accidental damage to a neighbor's property caused by negligence.

Exodus 22: 7-8, Theft of loaned items

"If a man gives his neighbor silver or goods for safekeeping and they are stolen from the neighbor's house, the thief, if he is caught, must pay back double. But if the thief is not found, the owner of the house must appear before the judges to determine whether he has laid his hands on the other man's property.

There is an apparent distinction between a theft where the thief is identified and an alleged theft where the supposed thief disappears.

(NIV footnotes: In verse 8, as elsewhere (see verse 9), the appearance before "judges" may mean an appearance before God.)

Exodus 22: 9-15, Disputes on ownership

In all cases of illegal possession of an ox, a donkey, a sheep, a garment, or any other lost property about which somebody says, `This is mine,' both parties are to bring their cases before the judges. The one whom the judges declare guilty must pay back double to his neighbor.

    

"If a man gives a donkey, an ox, a sheep or any other animal to his neighbor for safekeeping and it dies or is injured or is taken away while no one is looking, the issue between them will be settled by the taking of an oath before the LORD that the neighbor did not lay hands on the other person's property. The owner is to accept this, and no restitution is required. But if the animal was stolen from the neighbor, he must make restitution to the owner. If it was torn to pieces by a wild animal, he shall bring in the remains as evidence and he will not be required to pay for the torn animal.

    

"If a man borrows an animal from his neighbor and it is injured or dies while the owner is not present, he must make restitution. But if the owner is with the animal, the borrower will not have to pay. If the animal was hired, the money paid for the hire covers the loss.

These rules are for resolving disputes of ownership.  Although I am distracted by the cultural strangeness of this  (what, aren't there additional possibilities?  where are jury trials?) we should not miss the assumption that possessions are all agricultural, that everyone has (or desires) a donkey or an ox!

Exodus 22: 16-17, Seducing a virgin

"If a man seduces a virgin who is not pledged to be married and sleeps with her, he must pay the bride-price, and she shall be his wife. If her father absolutely refuses to give her to him, he must still pay the bride-price for virgins.

Do I read too much into the word "seduce"?  If a man seduces a woman (and she presumably was willing to sleep with him, as opposed to the case of rape) then the man has to go ahead and commit to marriage and pay the bride price.  He has to follow up on those passionate professions of love that got him into her bed!  There is no such thing as a free sexual experience where the man gets away with all fun and no responsibility.

But if the father says. "No way," then the man must pay a bride-price since she is no longer a virgin.  (Does the daughter have a say in this?  Given the culture of Genesis and the Ancient Near East, probably not?)

These are rules for the ancient tribe of Israel.  As in all of these laws and regulations, one should not attempt to move them into modern culture. Although strange to us, this regulation at least gives the woman some significant power.  (And if the father says, "No, he doesn't deserve you!" then the lover has to pay a price to resolve this love affair.)

Exodus 22: 18-20, Capital crimes

"Do not allow a sorceress to live.

    

"Anyone who has sexual relations with an animal must be put to death.

    

"Whoever sacrifices to any god other than the LORD must be destroyed.

Here, quickly, are three short commands that each involve death.  There seems to be no negotiation here!

(NIV footnotes: In verse 20, the Hebrew term translated "destroyed", refers to the irrevocable giving over of things or persons to the LORD, often by totally destroying them.)

Exodus 22: 21-24, Abusing the vulnerable

"Do not mistreat an alien or oppress him, for you were aliens in Egypt.

    

"Do not take advantage of a widow or an orphan. If you do and they cry out to me, I will certainly hear their cry. My anger will be aroused, and I will kill you with the sword; your wives will become widows and your children fatherless.

God watches over the vulnerable: the alien, the widow, the orphan.  So we, also, are to care for the vulnerable. The concern for the alien and the widow and orphan will resonate throughout the Old Testament.

Exodus 22: 25, Interest

"If you lend money to one of my people among you who is needy, do not be like a moneylender; charge him no interest.

A loan should be made out of concern for the needy, not out of greed.

(NIV footnotes: The term translated "interest" in verse 25 might mean "excessive interest".)

Exodus 22: 26-27, One cloak

If you take your neighbor's cloak as a pledge, return it to him by sunset, because his cloak is the only covering he has for his body. What else will he sleep in? When he cries out to me, I will hear, for I am compassionate.

Do not take advantage of your neighbor!  Note the assumption that the neighbor has but one cloak.

Exodus 22: 28-31, Give the best to YHWH

"Do not blaspheme God or curse the ruler of your people.

    

"Do not hold back offerings from your granaries or your vats.

    

"You must give me the firstborn of your sons. Do the same with your cattle and your sheep. Let them stay with their mothers for seven days, but give them to me on the eighth day.

    

"You are to be my holy people. So do not eat the meat of an animal torn by wild beasts; throw it to the dogs.

(NIV footnotes: Verse 28, "Do not blaspheme God" could be translated "Do not revile the judges".

The Hebrew phrase about granaries or vat is uncertain.)

Even the smallest of one's deceptions and deceits reveal one's view of YHWH. Worship requires an honest and full commitment.

An admonition to holiness, to be a special people of God, is somehow followed by an instruction not to eat "roadkill", not to eat an animal already killed.