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But if the stolen animal—the ox or donkey or sheep—is still alive and in his possession when he is caught, then the thief must pay the owner double. 3b A thief must make restitution for what he has taken. If he has no means of doing so, he must be sold to pay for his theft.

If a person attacks a thief in the act of breaking into his house and the thief is killed during the attack, then the homeowner is innocent of blood guilt. 3a It is different if the sun has already risen; so any homeowner who kills a thief during the day must be considered guilty of bloodshed.[a]

The difference between these two situations is the difference between daylight and dark. If a homeowner is protecting his property at night and injures a thief, it is to be treated as a case of self-defense. But if the crime takes place during the light of day, it is not necessary to incapacitate or capture the thief; it is necessary only to recognize the thief and bear truthful witness against him in court. The right to personal property does not eclipse the right to life.

Eternal One: If someone allows his animals to graze a field or vineyard until it is bare and then lets his animals wander over onto a neighbor’s field, then he must compensate his neighbor from the very best of his field and vineyard.

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Footnotes

  1. 22:2–4 Verses 2–4 have been rearranged to assist in the comprehension of the passage.

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