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Public-domain commentary
Matthew Henry
From his Commentary on the Whole Bible. Henry comments on passages, not single verses — this entry covers Exodus 22:1–6.
Here are the laws,
I.Concerning theft, which are these:
- 1. If a man steal any cattle (in which the wealth of those times chiefly consisted), and they be found in his custody, he must restore double, Exo 22:4. Thus he must both satisfy for the wrong and suffer for the crime. But it was afterwards provided that if the thief were touched in conscience, and voluntarily confessed it, before it was discovered or enquired into by any other, then he should only make restitution of what he had stolen, and add to it a fifth part, Lev 6:4, Lev 6:5. 2. If he had killed or sold the sheep or ox he had stolen, and thereby persisted in his crime, he must restore five oxen for an ox, and four sheep for a sheep (Exo 22:1), more for an ox than for a sheep because the owner, besides all the other profit, lost the daily labour of his ox. This law teaches us that fraud and injustice, so far from enriching men, will impoverish them: if we unjustly get and keep that which is another's, it will not only waste itself, but it will consume that which is our own. 3. If he was not able to make restitution, he must be sold for a slave, Exo 22:3. The court of judgment was to do it, and it is probable that the person robbed had the money. Thus with us, in some cases, felons are transported into plantations where alone Englishmen know what slavery is. 4. If a thief broke a house in the night, and was killed in the doing of it, his blood was upon his own head, and should not be required at the hand of him that shed it, Exo 22:2. As he that does an unlawful act bears the blame of the mischief that follows to others, so likewise of that which follows to himself. A man's house is his castle, and God's law, as well as man's, sets a guard upon it; he that assaults it does so at his peril. Yet, if it was in the day-time that the thief was killed, he that killed him must be accountable for it (Exo 22:3), unless it was in the necessary defence of his own life. Note, We ought to be tender of the lives even of bad men; the magistrate must afford us redress, and we must not avenge ourselves.
II.Concerning trespass, Exo 22:5.
He that wilfully put his cattle into his neighbour's field must make restitution of the best of his own. Our law makes a much greater difference between this and other thefts than the law of Moses did. The Jews hence observed it as a general rule that restitution must always be made of the best, and that no man should keep any cattle that were likely to trespass upon his neighbours or do them any damage. We should be more careful not to do wrong than not to suffer wrong, because to suffer wrong is only an affliction, but to do wrong is a sin, and sin is always worse than affliction.
III.Concerning damage done by fire, Exo 22:6.
He that designed only the burning of thorns might become accessory to the burning of corn, and should not be held guiltless. Men of hot and eager spirits should take heed, lest, while they pretend only to pluck up the tares, they root out the wheat also. If the fire did mischief, he that kindled it must answer for it, though it could not be proved that he designed the mischief. Men must suffer for their carelessness, as well as for their malice. We must take heed of beginning strife; for, though it seem but little, we know not how great a matter it may kindle, the blame of which we must bear, if, with the madman, we cast fire-brands, arrows, and death, and pretend we mean no harm. It will make us very careful of ourselves, if we consider that we are accountable, not only for the hurt we do, but for the hurt we occasion through inadvertency.
Historical interpretation
Two Centuries of Reception
2 surviving comments on this verse. Each one is dated, so this reads as a timeline rather than a list.
Select a marker to jump to its quote. Markers stagger vertically where authors wrote within a few decades of each other.
Therefore the thief being taken pays fourfold, but he that spoils by violence is worse than if he steals. And if this last ought to give fourfold what he stole, the extortioner should give tenfold and much more. Even so he can make atonement for his justice. For of almsgiving not even then will he receive the reward. Therefore says Zaccheus, “I will restore what I have taken by false accusation fourfold, and the half of my goods I will give to the poor.” And if under the law one ought to give fourfold, much more under grace. And if this is so for one who steals, much more it is so for one who spoils by violence.
Some people consider the commandments of the Old Testament stricter than those of the New, but they are deceived by a shortsighted interpretation. In the Old Testament, theft, not miserliness, is punished: wrongful taking of property is punished by fourfold restitution. In the New Testament the rich man is not censured for having taken away someone else’s property but for not having given away his own. He is not said to have forcibly wronged anyone but to have prided himself on what he received.
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Summary
Exodus 22:1 introduces a foundational statute within the "Book of the Covenant," detailing the severe penalties for the theft of valuable livestock—oxen and sheep—when the stolen animal is subsequently killed or sold, thus permanently removed from the owner's possession. This law mandates a punitive restitution of five oxen for one ox stolen, and four sheep for one sheep stolen, underscoring God's commitment to justice, the protection of private property, and the economic stability of the Israelite community, while also serving as a significant deterrent against such offenses.
Context
Literary Context
Exodus 22:1 is situated within the broader collection of laws known as the "Book of the Covenant" (Exodus 20:22–23:33), which immediately follows the giving of the Ten Commandments at Mount Sinai. This section marks a crucial transition from broad moral principles to specific, casuistic laws ("If...then...") that govern the practicalities of daily life, civil disputes, and social order within the nascent Israelite nation. The preceding chapters establish the covenant relationship between God and Israel, and these laws provide the practical framework for living out that covenant in a just and orderly society. Specifically, this verse follows regulations concerning personal injury and other property offenses, highlighting the critical importance of livestock in an agrarian society and the severe impact of their theft on a household's viability.
Historical & Cultural Context
In ancient Israel, an agrarian society, livestock constituted the primary form of wealth, capital, and livelihood. Oxen were indispensable for plowing fields, threshing grain, transportation, and heavy labor, representing long-term agricultural productivity and a significant capital investment. Sheep provided wool, milk, meat, and were also a form of transferable wealth, essential for daily sustenance and trade. The theft of such animals was not a minor misdemeanor but a direct assault on a family's economic stability, potentially leading to destitution and starvation. The law reflects an understanding of the profound economic disruption caused by such a crime, where the loss of a productive animal meant not only the loss of the animal itself but also the future income and sustenance it would have provided. The varying restitution rates for oxen and sheep likely reflect their relative economic value and utility in the ancient Near Eastern economy, with oxen generally being more valuable as capital assets due to their role in heavy labor.
Key Themes
Exodus 22:1 contributes significantly to several key themes pervasive throughout the Mosaic Law and the broader narrative of Exodus. Firstly, it underscores the theme of Divine Justice, demonstrating God's meticulous concern for fairness and equity in human society. The law is designed to right wrongs and ensure that victims are justly compensated, reflecting God's own righteous character. Secondly, it highlights the Sanctity of Private Property, establishing clear boundaries and protections for individual and communal wealth, which was vital for the economic stability of families and the nation. This protection is not merely economic but also moral, as theft is a violation of the eighth commandment (Exodus 20:15). Thirdly, the law emphasizes Deterrence and Restitution. The disproportionately high restitution rates (fivefold for an ox, fourfold for a sheep) serve as a powerful deterrent against theft, while also ensuring that the victim is not merely compensated but receives a punitive payment that makes them more than whole, reflecting a principle seen elsewhere in the law (e.g., Exodus 21:37).
Exposition and Analysis
Key Word Analysis
This term refers to an individual male person, often used as a general term for "anyone" or "a person." In this context, it emphasizes that the law applies universally to any individual within the Israelite community who commits the specified offense, underscoring the broad applicability of God's legal standards.
This primitive root means "to thieve (literally or figuratively)" or "to deceive." Here, it specifically denotes the illicit taking of another's property without permission, highlighting the act as a violation of established ownership rights and a breach of trust within the community. The severity of the restitution underscores the gravity of this act.
This primitive root signifies "to be safe (in mind, body or estate)," "to be (causatively, make) completed," "to make good," or "to repay." In this legal context, it implies more than mere compensation; it means making the injured party "whole" again, often with a punitive element. This concept goes beyond simple return, encompassing the idea of full recompense, reconciliation, and the re-establishment of order and justice within the community.
Verse Breakdown
"If a man shall steal an ox, or a sheep,"
This opening clause establishes the specific condition for the law's application—the act of theft. It precisely identifies the type of property involved, highlighting the particular vulnerability and immense economic value of livestock in the agrarian Israelite economy. The casuistic "If..." structure is characteristic of ancient Near Eastern law codes, providing a clear premise for the subsequent legal consequence.
"and kill it, or sell it;"
This crucial phrase defines the specific circumstances that trigger the severe restitution penalty. The act of killing or selling the stolen animal signifies its permanent removal from the owner's possession, making its recovery impossible. This permanent loss is distinct from cases where the animal might be found alive in the thief's possession, which carried a lesser penalty (Exodus 22:4). The inability to recover the original asset necessitates a higher form of compensation and deterrence.
"he shall restore five oxen for an ox,"
For a stolen ox that is subsequently killed or sold, the thief is required to repay five oxen. This fivefold restitution is a significant and punitive penalty, far exceeding the value of the original stolen item. It serves as a strong deterrent, a severe punitive measure, and substantial compensation for the deep economic loss suffered by the victim, acknowledging the ox's vital role as a productive, long-term asset for a household's livelihood.
"and four sheep for a sheep."
Similarly, for a stolen sheep that is killed or sold, the thief must restore four sheep. While slightly less than the penalty for an ox, this fourfold restitution is still substantial and punitive. It underscores the considerable value of sheep and the seriousness of their theft, maintaining the principle of punitive compensation and deterrence for permanent loss, albeit reflecting the slightly lower capital value compared to an ox.
Literary Devices
Exodus 22:1 primarily employs Casuistic Law, a prevalent legal formulation in the ancient Near East, characterized by its "if...then..." structure. This precise, conditional phrasing ("If a man shall steal... and kill it, or sell it; then he shall restore...") provides clear, actionable guidelines for specific scenarios, making the law directly applicable to various situations encountered in daily life. This legal style contrasts with Apodictic Law (absolute commands like the Ten Commandments). Furthermore, the verse uses Emphasis through the high, disproportionate restitution rates (fivefold for an ox and fourfold for a sheep). This exaggerated penalty serves to underscore the gravity of the offense and the severe consequences for the perpetrator, thereby maximizing its deterrent effect and communicating the high value God places on property and economic stability. The specific enumeration of "five oxen for an ox, and four sheep for a sheep" also demonstrates a form of Specificity that leaves little room for ambiguity in judgment, ensuring clear legal precedent.
Theological and Thematic Connections
Exodus 22:1 profoundly reveals God's meticulous concern for justice, the sanctity of private property, and the economic well-being of His people. It demonstrates that God's law is not merely about abstract morality but provides practical, equitable solutions for maintaining social order and protecting the vulnerable members of society. The principle of restitution, especially punitive restitution, reflects a divine standard where wrongdoing must be made right, with an added cost to deter future transgressions and ensure the victim is more than compensated for their loss and suffering. This law underscores that theft is not just an offense against an individual, but against the communal fabric and, ultimately, against God's established order, which values honesty, integrity, and the flourishing of all. It teaches that true justice involves not only punishment for the offender but also restoration and healing for the offended.
Reflection and Application
Exodus 22:1 offers timeless principles for reflection and application, even in modern contexts with different legal systems. It challenges us to consider the true cost of our actions, particularly those that infringe upon the livelihood and well-being of others. The law's emphasis on restitution over mere punishment encourages us to think about how justice can truly restore what was lost, both materially and relationally, rather than simply isolating offenders. It calls us to value honest labor and the means by which people sustain themselves, recognizing that disrespecting another's property is a violation of their dignity and security. For believers, this passage reminds us of God's meticulous care for justice and righteousness, urging us to embody these principles in our interactions and to advocate for systems that genuinely seek to make victims whole and deter wrongdoing. It prompts us to consider how we can contribute to a society where property is respected and justice is pursued with a heart for restoration.
Questions for Reflection
FAQ
Why is the restitution rate higher for an ox than for a sheep (fivefold vs. fourfold)?
The differing restitution rates likely reflect the relative economic value and utility of these animals in ancient Israelite society. An ox was a significantly more valuable asset due to its indispensable role in heavy agricultural labor (plowing, threshing) and transportation. It represented a household's primary means of production and long-term capital, essential for long-term survival and prosperity. The loss of an ox would have a more devastating and lasting impact on a family's ability to earn a living than the loss of a sheep, which, while valuable, served different purposes (wool, milk, meat) and could be more easily replaced or bred. Therefore, the higher fivefold restitution for an ox served as a greater deterrent and provided more comprehensive compensation for the profound economic disruption caused by its theft, highlighting the law's practical understanding of economic realities (see also the law concerning a goring ox in Exodus 21:28).
What if the thief could not afford to pay the restitution?
Ancient Israelite law, while emphasizing restitution, also had provisions for when an offender could not pay the required compensation. Exodus 22:3 states that "if he have nothing, then he shall be sold for his theft." This meant that the thief could be sold into temporary servitude to the victim or to another party, with the proceeds or labor going towards satisfying the debt. This practice, while harsh by modern standards, ensured that justice was served and the victim received some form of compensation, even if not in direct monetary or livestock terms. It underscored the seriousness of the crime and the principle that one must bear the consequences of their actions, preventing criminals from escaping the consequences of their deeds due to poverty.
Christ-Centered Fulfillment
Exodus 22:1, with its rigorous demands for restitution, powerfully underscores the gravity of sin and the necessity of making things right when wrong has been done. While the Mosaic Law provided a framework for earthly justice and pointed to the ideal of perfect righteousness, it ultimately revealed humanity's inability to fully "restore" itself from the profound "theft" of God's glory through sin (Romans 3:23). Jesus Christ fulfills the spirit and purpose of this law not by abolishing it, but by perfectly embodying its demands and providing the ultimate "restitution" for humanity's trespasses. He is the Lamb of God who takes away the sin of the world, offering His own life as the perfect, once-for-all sacrifice to pay the infinite debt we could never repay. His atoning work on the cross is the ultimate act of "restoration," not merely fourfold or fivefold, but an infinite restoration, bringing humanity back into right relationship with God (2 Corinthians 5:19). Through Christ, the law's demand for justice is met, and its underlying principle of restoring brokenness is realized in the new covenant, where God's law is written on our hearts (Jeremiah 31:33), empowering us to live righteously and seek reconciliation in our own relationships, reflecting the divine justice and boundless mercy we have received. This divine restitution enables us to live a life of integrity, seeking to make amends where we have wronged others (Matthew 5:23-24).