XXII.

(1-4) Theft is here treated of with great brevity, only three kinds being distinguished--(1) Housebreaking; (2) stealing without conversion of the property; (3) stealing with conversion. The main principle of punishment laid down is the exaction from the offender o! Double (Exodus 22:4). When, however, there has been conversion of the property, the penalty is heavier, the return of four-fold in the case of a sheep, of five-fold in that of an ox (Exodus 22:1). Incidentally it is enacted that the burglar may be resisted by force (Exodus 22:2), and that to kill him shall be justifiable homicide; and further, it is laid down that a thief unable to make the legal restitution shall become a slave in order to pay his debt (Exodus 22:3).

(1) If a man shall steal an ox, or a sheep.--The flocks and herds of the Israelites constituted their principal property, and hence cattle-stealing is taken as the representative of theft in general.

And kill it, or sell it.--Plainly showing persistence and determination.

Five oxen . . . four sheep.--The principle of the variation is not clear. Perhaps the theft of an ox was regarded as involving more audacity, and so more guilt, in the thief.

Verse 1. - If a man shall steal an ox. The principal property possessed by the Israelites in the wilderness was their cattle; whence this occurs to the legislator as the thing most likely to be stolen. It required more boldness in a thief to carry off an ox than a sheep or goat; and so the crime was visited with a heavier penalty.

22; 1 - 31 Judicial laws. - The people of God should ever be ready to show mildness and mercy, according to the spirit of these laws. We must answer to God, not only for what we do maliciously, but for what we do heedlessly. Therefore, when we have done harm to our neighbour, we should make restitution, though not compelled by law. Let these scriptures lead our souls to remember, that if the grace of God has indeed appeared to us, then it has taught us, and enabled us so to conduct ourselves by its holy power, that denying ungodliness and wordly lusts, we should live soberly, righteously, and godly in this present world, Titus 2:12. And the grace of God teaches us, that as the Lord is our portion, there is enough in him to satisfy all the desires of our souls.If a man shall steal an ox or a sheep,.... In which the substance of men chiefly lay in those times, and particularly the people of Israel, who were now come out of Egypt, with their flocks and herds, and these lying near together, were the more liable to be stolen; and hence also the laws in the preceding chapter concerning oxen and damages done by them, and oxen and sheep are only mentioned; perhaps chiefly because used in sacrifice, as well as serviceable for other things; not but that stealing other cattle and other things were criminal and forbidden, and to be punished in proportion:

and kill it, or sell it; either of which cases would plainly show that he took it away with an intention to deprive the owner of it, and to convert it to his own use:

he shall restore five oxen for an ox, and four sheep for a sheep; the reason of this difference, five being obliged to be given for the one, and but four for the other, is, because the one was more valuable than the other, as well as more useful, and also more easily stolen, and therefore the greater mulct or fine was laid upon the theft of it, to deter from it: the Targum of Jonathan expresses the reason of the law thus; five for oxen, because the theft of them hindered from ploughing, or made to cease from it; and for sheep but four, because there was trouble in the theft of them, and there was no tillage or agriculture by them: and Saadiah Gaon observes, that the damage that comes to the owner of the ox is more than that by a lamb, because with it, the ox, he ploughs, which is a creature that was used in those countries to be employed in that service, as well as in treading out the corn: Maimonides (u) accounts for it thus,"the restitution of the theft of oxen is increased by one, because the theft of them is easy; sheep are fed in flocks, and are easily kept and watched, and can scarcely be taken away by theft but in the night; but oxen are fed scattered here and there, and therefore cannot be so easily kept by the herdsmen; hence also their theft used to be more common:''four fold restitution was in use with the ancient Persians, with whom it was a rule,"whoever took any substance of another, in retaliation they took fourfold from him, and if he restored it, he gave fourfold of the same (w).''

(u) Moreh Nevochim, par. 3. c. 41. (w) Lib. Shed-dar, apud Hyde Relig. Vet. Pers. p. 472.