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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.
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Summary
Exodus 22:3, a critical component of the "Book of the Covenant," meticulously outlines the legal ramifications for a thief apprehended during daylight hours, establishing a crucial distinction from the nocturnal scenario detailed in the preceding verse. This statute dictates that if a thief is caught when the sun is risen, lethal force is prohibited and incurs bloodguilt, shifting the legal imperative from self-defense to the demand for comprehensive restitution for the stolen property. Should the offender lack the financial capacity to repay, the law provides for a temporary indentured servitude, thereby ensuring justice for the victim while simultaneously offering a structured, albeit stringent, pathway for the thief to make amends and fulfill their societal obligation.
Context
Literary Context
Exodus 22:3 is an integral part of the "Book of the Covenant," a foundational legal corpus found in Exodus 20:22-23:33, immediately following the Decalogue (Ten Commandments). This collection of civil and ceremonial laws serves to elaborate upon and apply the broad principles of the covenant established between God and Israel at Mount Sinai. Specifically, this verse is situated within a series of laws addressing property rights, theft, and personal injury. It stands in direct legal and thematic juxtaposition to Exodus 22:2, which addresses a thief caught breaking into a home at night. While the previous verse permits the killing of a nocturnal intruder without incurring bloodguilt, assuming a heightened threat to life in the darkness, Exodus 22:3 introduces a critical legal distinction based on the time of day. This distinction limits the justifiable use of lethal force in daylight, prioritizing restitution over retribution when the immediate danger to life is diminished, thereby demonstrating a nuanced legal system designed to balance the protection of life and property.
Historical & Cultural Context
Ancient Israelite law, as presented in the Pentateuch, did not develop in isolation but shared certain structural and thematic parallels with other ancient Near Eastern legal codes, such as the Code of Hammurabi or the Middle Assyrian Laws. However, the Israelite legal system often exhibited a distinctive emphasis on the sanctity of human life, the protection of the vulnerable, and a strong inclination towards restorative justice. In many ancient societies, theft could indeed be met with severe penalties, including death. Exodus 22:3, by drawing a clear line between day and night, reflects a sophisticated understanding of legal proportionality and intent, recognizing that the perceived threat and the opportunity for identification differ significantly. The provision for a thief to be "sold for his theft" if unable to make restitution refers to a common practice of temporary indentured servitude, distinct from chattel slavery. This system allowed individuals to work off debts or restitution, typically for a period of up to six years (as seen in Exodus 21:2), ensuring that victims were compensated while providing a structured pathway for offenders to repay their societal debt without being permanently enslaved or left destitute. This practice underscored a societal value where both justice for the victim and a means for the offender's eventual reintegration were considered.
Key Themes
Exodus 22:3 contributes significantly to several overarching theological and narrative themes within the "Book of the Covenant" and the broader Pentateuch. Foremost is the theme of Restorative Justice, which prioritizes making the victim whole through restitution rather than solely focusing on punitive measures. This is evident in the explicit command for the thief to "make full restitution" and the provision for temporary servitude to ensure this outcome. Another crucial theme is the Sanctity of Human Life, which is profoundly emphasized by the prohibition against killing a daytime thief; unlike the night scenario in Exodus 22:2, taking a life in daylight incurs bloodguilt, underscoring that even the life of an offender is valued by God. The verse also highlights the theme of Proportionality in Law, demonstrating that legal responses are calibrated to the specific circumstances and perceived threat, avoiding excessive or arbitrary punishment. Finally, the law reinforces the importance of Property Rights within Israelite society, establishing clear legal recourse for victims of theft and ensuring that their losses are addressed through a divinely ordained legal framework.
Exposition and Analysis
Key Word Analysis
The word "sun" (שֶׁמֶשׁ, shemesh) refers to the celestial body that provides light and warmth. In this context, "If the sun be risen upon him" signifies the presence of daylight, implying clear visibility. This is a crucial temporal marker that fundamentally alters the legal calculus from the preceding verse. The presence of sunlight removes the ambiguity and heightened danger associated with darkness, making it possible to identify the thief and assess the situation without immediate mortal threat.
The term "blood" (דָּם, dâm) in the phrase "blood [shed] for him" denotes bloodguiltiness. Derived from a root associated with the shedding of blood causing death, it signifies the legal and spiritual culpability incurred by taking a human life unjustly. Here, it means that if the homeowner kills the thief in broad daylight, they are held accountable for murder. This underscores the profound value placed on human life within Mosaic Law, even the life of an offender, when the act of killing is not clearly in self-defense.
The word translated "restitution" comes from the Hebrew root שָׁלַם (shâlam), meaning "to be safe," "to be sound," "to be whole," or "to repay." It carries the profound connotation of making something right, restoring what was lost or damaged, and bringing about a state of peace or completeness. In this legal context, it emphasizes that the primary goal is not merely punishment but the restoration of the victim to their original state before the theft occurred. The thief is obligated to make the injured party "whole" again by repaying the stolen goods, often with an added penalty.
The verb "sold" (מָכַר, mâkar) in the context of "then he shall be sold for his theft" refers to a temporary form of indentured servitude. This was a legal mechanism for debt repayment, where an individual would serve a master for a set period, typically until the debt was repaid, or for a maximum of six years, after which they were to be released. This provision served as a practical solution for ensuring restitution when the thief had no other assets, balancing the victim's right to compensation with a structured, albeit harsh, pathway for the offender to fulfill their legal obligation through labor.
Verse Breakdown
"If the sun be risen upon him"
This opening clause establishes the specific environmental condition that governs the legal outcome. It precisely defines the scenario as occurring during daylight hours, implying full visibility and the ability to clearly discern the intruder's intent and identity. This condition is pivotal, as it negates the presumption of mortal danger that justified lethal force against a nocturnal intruder (Exodus 22:2).
"[there shall be] blood [shed] for him"
This phrase declares the consequence for the homeowner if they kill a thief caught in daylight. It signifies that such an act would incur bloodguilt, meaning the homeowner would be held legally and morally responsible for murder. This highlights the sanctity of human life within Israelite law and the principle that lethal force is only justifiable under conditions of immediate and unavoidable threat to life, which daylight conditions generally mitigate.
"[for] he should make full restitution"
This clause presents the primary legal objective when a thief is caught in daylight. Instead of capital punishment, the law mandates that the thief must completely restore what was stolen. This underscores the restorative nature of Israelite justice, aiming to make the victim whole again and re-establish the balance of justice, rather than simply punishing the offender. The specific amounts of restitution are detailed in subsequent verses.
"if he have nothing, then he shall be sold for his theft"
This final clause provides a practical alternative when the thief lacks the financial means to make immediate restitution. The "selling" refers to temporary indentured servitude, a common ancient Near Eastern practice for debt repayment. This provision ensures that the victim receives compensation through the thief's labor, while simultaneously offering the offender a structured, albeit difficult, pathway to repay their debt to society, avoiding indefinite imprisonment or a more severe, potentially life-ending, penalty.
Literary Devices
Exodus 22:3 masterfully employs several literary and legal devices to convey its intricate principles. The most evident is Casuistic Law, characterized by its "if...then..." structure, which sets out specific conditions ("If the sun be risen upon him") and their corresponding legal outcomes ("there shall be blood shed for him; for he should make full restitution"). This conditional format is typical of much of the "Book of the Covenant," contrasting with apodictic law (e.g., the absolute commands of the Ten Commandments). The verse also utilizes profound Contrast when read in conjunction with Exodus 22:2. The stark difference in legal consequences for a thief caught at night versus during the day powerfully illustrates the principle of Proportionality in Israelite law, where the severity of the response is carefully calibrated to the perceived threat and the specific circumstances. Furthermore, the law itself functions as a foundational Legal Principle, establishing the sanctity of human life even for an offender, and prioritizing Restorative Justice (restitution) over purely punitive measures when the immediate danger is absent. The specific mention of "the sun be risen" serves as a potent Symbolic Marker for clarity, transparency, and the absence of hidden danger, distinguishing a situation of clear visibility from one of ambiguity and heightened threat.
Theological and Thematic Connections
Exodus 22:3 profoundly illustrates the multifaceted character of God, who is revealed as both impeccably just and deeply merciful. It lays down a legal framework that meticulously balances the protection of private property rights with the paramount sanctity of human life. This divine legislation reveals a clear preference for restorative justice, where the emphasis is placed on making the injured party whole through comprehensive restitution, rather than solely on retributive punishment or capital penalties. The law underscores the theological principle that human life, even the life of an offender, holds immense value in God's eyes and should not be taken without extreme and justifiable cause. The provision for temporary indentured servitude for those unable to make restitution highlights a compassionate element within the Mosaic Law, offering a structured pathway for the offender to repay their debt and avoid more severe consequences, thereby demonstrating a legal system that sought to uphold justice while offering a measure of grace and a route towards societal reintegration.
Reflection and Application
Exodus 22:3 offers profound and enduring principles that resonate deeply in contemporary society, challenging us to critically examine the balance between justice and mercy in our personal conduct and within our legal and social systems. The emphasis on "full restitution" serves as a powerful reminder of the profound importance of personal accountability and the moral imperative to make genuine amends when we have wronged others. It calls us to transcend mere punitive measures and embrace restorative practices that genuinely seek to heal victims, rehabilitate offenders, and foster authentic reconciliation and wholeness within communities. This ancient law encourages us to uphold the intrinsic value of human life above material possessions and to diligently seek solutions that champion both human dignity and equitable justice, even in the most challenging circumstances. It prompts us to reflect on how we, as individuals and as a collective, can actively contribute to building systems that offer viable pathways for individuals to repay their debts to society and successfully reintegrate into productive life, rather than being perpetually marginalized or cast aside.
Questions for Reflection
FAQ
Why is there a different consequence for a thief caught during the day versus at night?
The distinction between a thief caught at night (Exodus 22:2) and one caught during the day (Exodus 22:3) is rooted in the perceived threat to the homeowner's life. At night, in the darkness and uncertainty, it was presumed that the homeowner's life was in immediate danger, and therefore, killing the intruder was considered a justifiable act of self-defense for which no bloodguilt was incurred. During the day, with the benefit of visibility and the ability to identify the intruder, the immediate threat to life was presumed to be significantly lower. Thus, killing the thief would be an excessive use of force, incurring bloodguilt, and the law shifted its primary focus to ensuring comprehensive restitution for the stolen property. This demonstrates a sophisticated legal principle of proportionality and a high regard for human life.
Was being "sold for his theft" a form of slavery?
The provision "then he shall be sold for his theft" refers to a temporary form of indentured servitude, not chattel slavery where a person is treated as mere property with no inherent rights. In ancient Israel, this was a common and legally regulated mechanism for debt repayment. The individual would work for the victim or another party for a set period, typically until the debt was repaid, or for a maximum of six years, after which they were to be released (as detailed in Exodus 21:2 for Hebrew servants). This system ensured that victims received compensation while providing a structured, albeit harsh, pathway for the offender to fulfill their legal obligation through labor, without being permanently enslaved or left destitute. It was a means of restorative justice rather than purely punitive.
What does "full restitution" mean in this context?
"Full restitution" (Hebrew: shâlam) means that the thief was obligated to completely restore what was stolen to the victim, aiming to make the injured party "whole" again. This often involved repaying the value of the stolen goods, and in many cases, an additional penalty. For instance, Exodus 22:4 specifies that if the stolen animal is found alive, the thief must repay double its value. If the animal was consumed or sold, the penalty could be four or five times its value, as seen in Exodus 22:1. The underlying concept emphasizes restoration and completeness for the victim rather than just punishment for the offender, reflecting a core principle of Israelite justice.
Christ-Centered Fulfillment
Exodus 22:3, with its profound emphasis on restitution and the sanctity of life, finds its ultimate and most glorious Christ-centered fulfillment in the person and redemptive work of Jesus Christ. While the Mosaic Law demanded restitution for stolen property, humanity's most egregious "theft" is against God Himself—the theft of His glory and perfect standard through our sin (Romans 3:23). We, like the thief in the law who had "nothing" to repay, are utterly bankrupt and incapable of making restitution for our spiritual debt before God's perfect justice. Yet, Christ, the ultimate Lamb of God (John 1:29), stepped into our place to make "full restitution" on our behalf. He paid the immeasurable debt we could not pay, offering His perfect, sinless life as a ransom and a propitiation for our sins (Romans 3:25; 2 Corinthians 5:21). His sacrifice on the cross was the supreme act of restorative justice, reconciling us to a holy God and making us spiritually "whole" again, bringing us into a state of peace and completeness (Hebrew: shâlam). Furthermore, Jesus' teachings consistently elevated the value of human life and emphasized mercy alongside justice, often calling for forgiveness and reconciliation that transcended mere legal restitution (Matthew 5:38-42; Luke 6:36). In Christ, we witness the perfect embodiment of God's desire not merely for punishment, but for restoration, reconciliation, and abundant life for all who are spiritually impoverished.