Exodus 22.1-17-The Lord Gives Moses Property Laws
Wenstrom Bible Ministries
Pastor-Teacher Bill Wenstrom
Sunday February 19, 2012
Journey Through The Bible Series: Exodus 22:1-17-The Lord Gives Moses Property Laws
Lesson # 23
Please turn in your Bibles to Exodus 22:1.
Exodus chapter 22 records the Lord giving to the Israelites property, social and purity laws on Mount Sinai.
In Exodus 22:1-17, the Lord gives the Israelites property laws.
Exodus 22:1 “If a man steals an ox or a sheep and slaughters it or sells it, he shall pay five oxen for the ox and four sheep for the sheep. 2 If the thief is caught while breaking in and is struck so that he dies, there will be no bloodguiltiness on his account. 3 But if the sun has risen on him, there will be bloodguiltiness on his account. He shall surely make restitution; if he owns nothing, then he shall be sold for his theft. 4 If what he stole is actually found alive in his possession, whether an ox or a donkey or a sheep, he shall pay double. 5 If a man lets a field or vineyard be grazed bare and lets his animal loose so that it grazes in another man’s field, he shall make restitution from the best of his own field and the best of his own vineyard. 6 If a fire breaks out and spreads to thorn bushes, so that stacked grain or the standing grain or the field itself is consumed, he who started the fire shall surely make restitution. 7 If a man gives his neighbor money or goods to keep for him and it is stolen from the man’s house, if the thief is caught, he shall pay double. 8 If the thief is not caught, then the owner of the house shall appear before the judges, to determine whether he laid his hands on his neighbor’s property. 9 For every breach of trust, whether it is for ox, for donkey, for sheep, for clothing, or for any lost thing about which one says, ‘This is it,’ the case of both parties shall come before the judges; he whom the judges condemn shall pay double to his neighbor. 10 If a man gives his neighbor a donkey, an ox, a sheep, or any animal to keep for him, and it dies or is hurt or is driven away while no one is looking, 11 an oath before the Lord shall be made by the two of them that he has not laid hands on his neighbor’s property; and its owner shall accept it, and he shall not make restitution. 12 But if it is actually stolen from him, he shall make restitution to its owner. 13 If it is all torn to pieces, let him bring it as evidence; he shall not make restitution for what has been torn to pieces. 14 If a man borrows anything from his neighbor, and it is injured or dies while its owner is not with it, he shall make full restitution. 15 If its owner is with it, he shall not make restitution; if it is hired, it came for its hire. 16 If a man seduces a virgin who is not engaged, and lies with her, he must pay a dowry for her to be his wife. 17 If her father absolutely refuses to give her to him, he shall pay money equal to the dowry for virgins.” (NASB95)
The laws in this section of chapter 22 make clear that God does not agree with the current prison system since none of these laws contain incarceration for any of the crimes mentioned.
The modern prison systems of Western societies punish crimes of theft and sexual assault with confinement.
Exodus 22 makes clear that God does not agree with our current penal system in America.
What is taught by the Lord in Exodus 22 is the concept of restitution.
The laws that appear in this chapter teach the principle that the person who causes someone else to lose personal property, land or money by theft, neglect or failing to observe the usual betrothal process must provide restitution to the person who suffered loss.
God’s laws demand that the guilty party make restitution for their crimes against property and that the innocent must be exonerated.
In Exodus 22, the verb šā∙lēm (שָׁלֵם) (shaw-lam´) appears 14 times and is translated “he shall surely make restitution” (verses 3, 5), “he shall pay” (verses 4, 7), “shall pay” (verse 9), “he shall make restitution from” (verses 5, 11), “he shall make restitution” (verses 12, 13, 15), “shall surely make restitution” (verse 6) and “he shall make full restitution” (verse 14).
In Matthew 5:21-25, the Lord Jesus Christ taught His disciples the doctrine of restitution.
The doctrine of restitution is taught in Leviticus 6.
In Luke 19:8-10, Zaccheus informed the Lord that he gave to those whom he had defrauded four times as much.
Exodus 22 teaches that the more intentional the crime, higher restitution is required, which is calculated in multiples of the value of the loss.
Judges determine what should be compensated in cases of neglect.
In cases, in which a person causes another to suffer loss but there was no culpability, then no compensation was required.
Interestingly, these laws also intended to teach the Israelites that in God’s providence some things are no one’s fault so that no restitution is required.
In verses 1-4, we have laws pertaining to thieves.
Specifically, it deals with the theft of animals, which constitute the property of another.
Israelite society was an agricultural and pastoral society, thus these laws address certain situations which would arise in such a society.
These verses contain four laws on restitution for theft as well as a stipulation with regards to defense against burglary.
These verses develop further what is meant by the eighth commandment found in Exodus 20:15, which is the prohibition against stealing another’s property.
Failure to obey this prohibition, not only constitutes not loving God with one’s entire being and strength but also not loving one’s neighbor as oneself.
Exodus 22:1 addresses the compensation requirements for victims who have had livestock stolen from them and the thief has been apprehended.
It addresses intentional theft.
This verse teaches that the thief who kills another man’s ox or sheep must compensate the victim by returning the same kind of animals.
Five head of cattle had to be paid for the loss of one ox and four sheep for the loss of one sheep.
This heavy compensation would serve as a deterrent with regards to the theft of animals in Israel.
It was prescribed because missing ox prevented a person from getting work done on one’s farm because they were used as work animals.
Verse 2 instructs the Israelites as to what is a reasonable defense against burglary.
If a thief breaks in during the night and is killed by the owner of the property, then the owner was not charged with murder since he would have no idea if the thief was intent on murdering him and his family.
However, verse 3 reveals that if the crime took place during the daylights hours, the owner would be guilty of a crime since the thief would have posed no threat to his life during the daylight hours and could be stopped and made to pay restitution.
So if caught at night, the owner could kill the thief but such was not the case if the crime took place during the daytime.
At night the thief would pose a threat to the life of the owner and so in self-defense the thief could be killed by the owner protecting his home and family.
However, verse 3 presents an exception to this if the sun had already risen and the homeowner could see if the thief was armed or intent on killing him and his family.
Verse 4 teaches the Israelites that if the thief is found alive when he is apprehended, then he is to pay double.
Now, verses 1-4 teach the Israelites that God requires punishment to be precise and carefully administered with careful regard for the actual circumstances of a crime and should never be administered in mechanical fashion.
God wants the Israelite judges to take into account all the circumstances and motives surrounding a crime and not treat all thefts as if they were equal.
He also is teaching the Israelites in verses 1-4 that the major consideration in any ruling of a theft must be the victim!
Verses 5 and 6 teach that the person whose livestock grazes in another’s man’s field causing the loss or damage of crops is to make restitution.
They also teach that the negligent person who starts a fire that causes the loss of a man’s crops must also make restitution to the victim.
Exodus 22:7-9 teaches the Israelites that property entrusted by one person to another demanded acceptance of responsibility by both the giver and receiver.
They teach that when a person entrusts their property to you, you must treat it as your own, which manifests the fact that you love your neighbor as yourself.
In verse 7, if a person gives his neighbor money or goods to take care of for him and they are stolen from the house of the caretaker, then thief if he is caught must pay double.
However, verse 8 addresses a more complicated and difficult situation.
This verse addresses a claim in which property was entrusted to another person’s care and was missing or stolen.
If the thief is not caught, then the owner of the house who was entrusted to take care of his neighbor’s property by his neighbor must appear before the judges in order to determine if he was guilty of the theft.
The judges were to determine if the property was simply lost due negligence on the part of the owner who sought to avoid responsibility.
Verse 9 says that every breach of trust between neighbors shall come before the judges and the one who is judged guilty by the court must pay double to the victim.
Verse 10 tells the reader that if a person gives his neighbor a donkey, ox, sheep or any animal to keep for him and this animal dies or is hurt or lost while no one was looking, then the two of them will make an oath that he has not laid hands on the animal and the owner shall accept this oath as evidence of his innocence and shall not make restitution.
Verse 11 teaches that God will decide in cases where both parties are adamant they are innocent when the owner of the property says that he is not negligent and his neighbor who he entrusted the property to is claiming innocence as well.
The oath was designed to force the guilty party to confess.
The oath of a person meant that the person was telling the truth.
If they lied under oath they would be punished by God.
Verse 12 says that if he is guilty, then he is to make restitution.
Verse 13 presents a case in which the animal entrusted to another is killed by another animal.
The remains of the dead animal are to be brought before the judges as evidence of the innocence of the person entrusted with the animal.
Thus, no restitution is required.
The Lord teaches in verse 14 that if a person borrows an animal from his neighbor and the animal dies or is injured while the owner is not with the animal, then this person must make full restitution to his neighbor.
This restitution is taught in verses 5-6, which is a one for one substitute of as good or better quality.
In other words, a twenty year old animal was not adequate compensation for a three year old animal in the prime of life or a newborn.
Then, in verse 15, the Lord teaches that if the owner is with the animal, the person does not have to make restitution and if it is hired then what was paid for the hire shall cover it.
So this verse instructs the Israelites that if you borrow or rent an animal with the owner, it was the owner’s job to look out for the safety of the animal and not you.
It also teaches them that when they rent an animal, then insurance was to be included in the rental fee of the animal.
This law would ensure that both parties, namely the renter and the borrower understood the risks involved in the rental.
Now, many expositors do not consider verses 16 and 17 as connected to verses 1-15 but rather connected to verses 18-31.
These two verses present laws with regards to premarital sex and the bride price whereas verses 18-31 contain laws which address social responsibility and verses 1-15 address property rights.
Thus, many consider verses 16-17 as connected to verses 18-31 since the laws in verses 16-17 seem better suited to be connected with laws concerning social responsibility rather than property rights which is the issue in verses 1-15.
To place the laws about virgins with laws concerning property rights does not imply in any way that women are property.
Rather, the institution of the bride price was a firm financial responsibility in ancient Israel.
No man could get out of paying the bride price by avoiding the marriage vows and having premarital sex with a woman.
The man always had to pay the pride price to the family of the women regardless if he married her or not.
The “bride-price” refers to the compensation paid to the family of the bride for the loss of the bride’s presence and services and her potential offspring.
The “bride-price” must not be confused with a “dowry,” since the latter was provided by the bride’s family whereas the former was provided by the groom.
Paying a bride-price appears degrading to those in western culture, in the twenty-first century.
However, in the ancient world and in Israel it was not considered as such.
In fact, it honored women.
The price paid was not an indicator of worth since this law did not require the woman’s family to pay for her husband and the husband’s worth was never doubted.
Paying the bride-price forced the man to make a formal commitment for marriage which involved not only his interests and those of his bride to be but also the interests of both families.
By having premarital sex with a woman with her permission or without, devalued her and degraded her.
Paying the bride-price demonstrated that the man valued marriage and its covenant sign, which was sexual intercourse.
Therefore, in Israel, if a couple had sexual intercourse without the formal negotiation process involving the two families, the Lord required that the man pay the bride-price.
The bride-price had to be made even if the father of the bride refused to give his daughter to the man if he so desired since it would be harder for the woman to marry and her father to receive a bride-price from another after she was sexually compromised.
