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22:1 Si quis furatus fuerit bovem aut ovem, et occiderit vel vendiderit : quinque boves pro uno bove restituet, et quatuor oves pro una ove.
*H If any man steal an ox or a sheep, and kill or sell it: he shall restore five oxen for one ox, and four sheep for one sheep.


Ver. 1. Five oxen; because they are of greater value than sheep. Theodor. — As these things may easily be stolen, a heavier fine is imposed than on those who steal money. The Scythians punish theft with the utmost severity. Grot. — All these punishments, till the 25th chapter, were inflicted by the judge. T.

* Footnote * 2_Kings 12 : 6 He shall restore the ewe fourfold, because he did this thing, and had no pity.
22:2 Si effringens fur domum sive suffodiens fuerit inventus, et accepto vulnere mortuus fuerit, percussor non erit reus sanguinis.
*H If a thief be found breaking open a house or undermining it, and be wounded so as to die: he that slew him shall not be guilty of blood.


Ver. 2. Blood. The reason is, because it could not easily be known whether the thief had not a design upon the life of the people in the house; and therefore, the law gave them authority to defend themselves. But they were not authorized to kill the thief designedly. The laws of Athens and of Rome, permitted nocturnal robbers to be slain, at least when they came armed. Plato de leg. ix. &c. To defend our goods or honour, by killing the aggressor, is contrary to justice and reason. C.

22:3 Quod si orto sole hoc fecerit, homicidium perpetravit, et ipse morietur. Si non habuerit quod pro furto reddat, ipse venundabitur.
But if he did this when the sun is risen, he hath committed murder, and he shall die. If he have not wherewith to make restitution for the theft, he shall be sold.
22:4 Si inventum fuerit apud eum quod furatus est, vivens : sive bos, sive asinus, sive ovis, duplum restituet.
*H If that which he stole be found with him, alive, either ox, or ass, or sheep: he shall restore double.


Ver. 4. Double. This is an exception from the general law, v. 1, (C.) because he can more easily make restitution, as he has not sold or destroyed the thing. D.

22:5 Si laeserit quispiam agrum vel vineam, et dimiserit jumentum suum ut depascatur aliena : quidquid optimum habuerit in agro suo, vel in vinea, pro damni aestimatione restituet.
If any man hurt a field or a vineyard, and put in his beast to feed upon that which is other men's: he shall restore the best of whatsoever he hath in his own field, or in his vineyard, according to the estimation of the damage.
22:6 Si egressus ignis invenerit spinas, et comprehenderit acervos frugum, sive stantes segetes in agris, reddet damnum qui ignem succenderit.
If a fire breaking out light upon thorns, and catch stacks of corn, or corn standing in the fields, he that kindled the fire shall make good the loss.
22:7 Si quis commendaverit amico pecuniam aut vas in custodiam, et ab eo, qui susceperat, furto ablata fuerint : si invenitur fur, duplum reddet :
If a man deliver money, or any vessel unto his friend to keep, and they be stolen away from him that received them: if the thief be found, he shall restore double:
22:8 si latet fur, dominus domus applicabitur ad deos, et jurabit quod non extenderit manum in rem proximi sui,
*H If the thief be not known, the master of the house shall be brought to the gods, and shall swear that he did not lay his hand upon his neighbour's goods,


Ver. 8. Gods. "In the presence of the Lord." Sept.

22:9 ad perpetrandam fraudem, tam in bove quam in asino, et ove ac vestimento, et quidquid damnum inferre potest : ad deos utriusque causa perveniet, et si illi judicaverint, duplum restituet proximo suo.
*H To do any fraud, either in ox, or in ass, or sheep, or raiment, or any thing that may bring damage: the cause of both parties shall come to the gods: and if they give judgment, he shall restore double to his neighbour.


Ver. 9. Damage. Heb. "thing lost, which another challengeth.…and whom the judges condemn, he," &c. If the person who had deposited a thing, pretended that the one produced was not the same, or not equally good, and failed in proving the charge, he was liable to pay double its value. C.

22:10 Si quis commendaverit proximo suo asinum, bovem, ovem, et omne jumentum ad custodiam, et mortuum fuerit, aut debilitatum, vel captum ab hostibus, nullusque hoc viderit :
If a man deliver ass, ox, sheep, or any beast, to his neighbour's custody, and it die, or be hurt, or be taken by enemies, and no man saw it:
22:11 jusjurandum erit in medio, quod non extenderit manum ad rem proximi sui : suscipietque dominus juramentum, et ille reddere non cogetur.
There shall be an oath between them, that he did not put forth his hand to his neighbour's goods: and the owner shall accept of the oath, and he shall not be compelled to make restitution.
22:12 Quod si furto ablatum fuerit, restituet damnum domino ;
*H But if it were taken away by stealth, he shall make the loss good to the owner.


Ver. 12. Stealth, of the person to whom it was entrusted, or by his connivance, as the Heb. mámu, (de cum eo) "from with him," intimates. M.

* Footnote * Genesis 31 : 39 Neither did I shew thee that which the beast had torn; I made good all the damage: whatsoever was lost by theft, thou didst exact it of me:
22:13 si comestum a bestia, deferat ad eum quod occisum est, et non restituet.
*H If it were eaten by a beast, let him bring to him that which was slain, and he shall not make restitution.


Ver. 13. Slain. Or any part of its mangled remains, in proof of his assertion. Syr.

22:14 Qui a proximo suo quidquam horum mutuo postulaverit, et debilitatum aut mortuum fuerit domino non praesente, reddere compelletur.
*H If a man borrow of his neighbour any of these things, and it be hurt or die, the owner not being present, he shall be obliged to make restitution.


Ver. 14. Restitution. It is to be presumed he was guilty of some negligence. C.

22:15 Quod si impraesentiarum dominus fuerit, non restituet, maxime si conductum venerat pro mercede operis sui.
*H But if the owner be present, he shall not make restitution, especially if it were hired, and came for the hire of his work.


Ver. 15. Especially, &c. This is a third case, in which the person who lends, suffers all the loss, in consideration of the money which he had received. Others explain, "If he be a hired servant, he shall pay out of his wages." Syr. Grotius.

22:16 Si seduxerit quis virginem necdum desponsatam, dormieritque cum ea : dotabit eam, et habebit eam uxorem.
If a man seduce a virgin not yet espoused, and lie with her: he shall endow her, and have her to wife.
* Footnote * Deuteronomy 22 : 28 If a man find a damsel that is a virgin, who is not espoused, and taking her, lie with her, and the matter come to judgment:
22:17 Si pater virginis dare noluerit, reddet pecuniam juxta modum dotis, quam virgines accipere consueverunt.
*H If the maid's father will not give her to him, he shall give money according to the dowry, which virgins are wont to receive.


Ver. 17. Money. Fifty sicles, as it is expressed, Deut. xxii. 29. If the maid were of high birth, the magistrates might inflict other punishments on the seducer.

22:18 Maleficos non patieris vivere.
*H Wizards thou shalt not suffer to live.


Ver. 18. Wizards. Heb. "a witch." Women are more given to such delusions, which imply an apostacy from God to serve the devil, and disturb the republic.

22:19 Qui coierit cum jumento, morte moriatur.
Whosoever copulateth with a beast; shall be put to death.
22:20 Qui immolat diis, occidetur, praeterquam Domino soli.
*H He that sacrificeth to gods, shall be put to death, save only to the Lord.


Ver. 20. Death. Heb. "shall be anathema," (érom) which denotes utter destruction both of the person and of his goods. Jonat. 1 K. xv. 3.

* Footnote * Leviticus 19 : 4 Turn ye not to idols: nor make to yourselves molten gods. I am the Lord your God.
22:21 Advenam non contristabis, neque affliges eum : advenae enim et ipsi fuistis in terra Aegypti.
*H Thou shalt not molest a stranger, nor afflict him: for yourselves also were strangers in the land of Egypt.


Ver. 21. Were strangers. The Celtes punished with death the murderer of a stranger, while they only banished him who had murdered a citizen. C.

22:22 Viduae et pupillo non nocebitis.
You shall not hurt a widow or an orphan.
* Footnote * Zacharias 7 : 10 And oppress not the widow, and the fatherless, and the stranger, and the poor: and let not a man devise evil in his heart against his brother.
22:23 Si laeseritis eos, vociferabuntur ad me, et ego audiam clamorem eorum :
If you hurt them, they will cry out to me, and I will hear their cry:
22:24 et indignabitur furor meus, percutiamque vos gladio, et erunt uxores vestrae viduae, et filii vestri pupilli.
*H And my rage shall be enkindled, and I will strike you with the sword, and your wives shall be widows, and your children fatherless.


Ver. 24. Fatherless. Thus God will retaliate upon the oppressors of the poor. H.

22:25 Si pecuniam mutuam dederis populo meo pauperi qui habitat tecum, non urgebis eum quasi exactor, nec usuris opprimes.
*H If thou lend money to any of my people that is poor, that dwelleth with thee, thou shalt not be hard upon them as an extortioner, nor oppress them with usuries.


Ver. 25. Poor. Such are often most in want. Usury is not lawful, even with respect to the rich. The Heb. terms it a bite. M. — "What is usury, said Cato, but to kill a man." The Romans required thieves to restore double, but usurers were to render four times as much as they had taken. Varro Rustic. i. — Restitution is prescribed, 2 Esd. v. 11. Some Calvinists have stood up in its defence, in opposition to the Scriptures, fathers, and Councils of the Catholic Church. Lend, hoping to gain nothing by it. Lu. vi. 35. "Let him who loves money,...lend (in the persons of the poor) to Him who says, Give, and it shall be given to you." S. Leo ser. The Jews themselves have reprobated usury in any use. C.

22:26 Si pignus a proximo tuo acceperis vestimentum, ante solis occasum reddes ei.
If thou take of thy neighbour a garment in pledge, thou shalt give it him again before sunset.
* Footnote * Deuteronomy 24 : 13 But thou shalt restore it to him presently before the going down of the sun: that he may sleep in his own raiment and bless thee, and thou mayst have justice before the Lord thy God.
22:27 Ipsum enim est solum, quo operitur, indumentum carnis ejus, nec habet aliud in quo dormiat : si clamaverit ad me, exaudiam eum, quia misericors sum.
For that same is the only thing, wherewith he is covered, the clothing of his body, neither hath he any other to sleep in: if he cry to me, I will hear him, because I am compassionate.
22:28 Diis non detrahes, et principi populi tui non maledices.
*H Thou shalt not speak ill of the gods, and the prince of thy people thou shalt not curse.


Ver. 28. Gods. Judges, priests, &c. Josephus and Philo say, we must not speak ill of strange gods, lest the Gentiles should take occasion to blaspheme the true God, and that we may be farther removed from the danger of taking the name of God in vain, and losing that respect which we owe to it.

* Footnote * Acts 23 : 5 And Paul said: I knew not, brethren, that he is the high priest. For it is written: Thou shalt not speak evil of the prince of thy people.
22:29 Decimas tuas et primitias tuas non tardabis reddere : primogenitum filiorum tuorum dabis mihi.
*H Thou shalt not delay to pay thy tithes and thy firstfruits: thou shalt give the firstborn of thy sons to me.


Ver. 29. Tithes. Heb. "thy plentitude, (first-fruits and tithes) and thy tears;" (or liquors distilled from odoriferous trees) in a word, all that is most excellent. Censorinus (de die nat.) says, excellently well: "They who acknowledged that they had received food, a country, light, and even their very persons, from the bounty of the gods, failed not to consecrate a part of all to the gods,...to the temples and chapels, where they worshipped them." C.

* Footnote * Ezechiel 44 : 30 And the firstfruits of all the firstborn, and all the libations of all things that are offered, shall be the priest's: and you shall give the firstfruits of your meats to the priest, that he may return a blessing upon thy house.
22:30 De bobus quoque, et ovibus similiter facies : septem diebus sit cum matre sua, die octava reddes illum mihi.
Thou shalt do the same with the firstborn of thy oxen also and sheep: seven days let it be with its dam: the eighth day thou shalt give it to me.
22:31 Viri sancti eritis mihi : carnem, quae a bestiis fuerit praegustata, non comedetis, sed projicietis canibus.
*H You shall be holy men to me: the flesh that beasts have tasted of before, you shall not eat, but shall cast it to the dogs.


Ver. 31. Beasts. "Wild beasts." Sept. — This was to encourage humanity. Theodoret.

* Footnote * Leviticus 22 : 3 Say to them and to their posterity: Every man of your race, that approacheth to those things that are consecrated, and which the children of Israel have offered to the Lord, in whom there is uncleanness, shall perish before the Lord. I am the Lord.
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