When do theft and entrusted goods require repayment, and why must a pledged garment be returned before sunset?

Atlas of Saints · Chapter summary

The rules set different repayments according to the stolen item’s condition and the circumstances of custody or borrowing. A pledged garment must be returned before sunset because it is the neighbour’s only covering and clothing to sleep in; the Lord says he will hear that person’s cry because he is compassionate.

Chapter breakdown

When do theft and entrusted goods require repayment, and why must a pledged garment be returned before sunset? The rules set different repayments according to the stolen item’s condition and the circumstances of custody or borrowing. A pledged garment must be returned before sunset because it is the neighbour’s only covering and clothing to sleep in; the Lord says he will hear that person’s cry because he is compassionate.

A man who steals an ox or sheep and kills or sells it must restore five oxen for one ox or four sheep for one sheep. If a thief is found breaking open or undermining a house and is wounded to death, the one who kills him is not guilty of blood. If this is done when the sun has risen, the slayer has committed murder and must die. If a thief cannot make repayment for theft, he is sold. A stolen ox, ass or sheep found alive with him requires double repayment.

Someone who damages another’s field or vineyard by putting his beast there to feed must repay from the best of his own field or vineyard, according to the estimated damage. If a fire breaks out on thorns and catches grain stacks or standing grain, the person who kindled it must make good the loss.

If money or a vessel entrusted to a friend is stolen, the thief, if found, must restore double. If the thief is unknown, the house’s master is brought to “the gods” and swears he did not lay a hand on his neighbour’s goods to commit fraud. In a damaging case involving an ox, ass, sheep, clothing or anything else, both parties’ cause comes to “the gods”; if they give judgment, double is restored to the neighbour. This chapter’s wording is retained; it contains no separate note explaining that term.

If an ass, ox, sheep or other beast entrusted to a neighbour dies, is hurt or is taken by enemies, and nobody saw it, there is an oath between them that the keeper did not put his hand to the neighbour’s goods. The owner must accept the oath and the keeper is not compelled to repay. If it was taken by stealth, he must make good the owner’s loss. If a beast ate it, he must bring what was slain and does not repay.

If someone borrows any of these things and it is hurt or dies while its owner is absent, he must repay. If the owner is present, he does not repay, especially if it was hired and came for the hire of its work.

A man who seduces and lies with a virgin not yet betrothed must give her a dowry and have her as wife. If her father refuses to give her to him, he must give money according to the dowry usually received by virgins.

Wizards must not be allowed to live. Whoever has sexual intercourse with a beast must be put to death. Whoever sacrifices to gods must be put to death, except for sacrifice to the Lord.

They must not mistreat or afflict a stranger, because they were strangers in Egypt. They must not hurt a widow or orphan. If they do, those harmed will cry to the Lord, and he will hear. His rage will be kindled and he will strike the offenders with the sword, making their wives widows and their children fatherless.

A lender to a poor person of the Lord’s people dwelling with him must not act harshly as an extortioner or oppress with usury. A neighbour’s garment taken as a pledge must be returned before sunset: it is his only covering, the clothing of his body, and he has no other to sleep in. If he cries to the Lord, the Lord will hear because he is compassionate.

They must not speak ill of “the gods” or curse their people’s prince. They must not delay their tithes or firstfruits and must give the firstborn of their sons to the Lord. They must do the same with firstborn oxen and sheep: the animal stays with its dam seven days and is given on the eighth. They are to be holy men to the Lord. They must not eat flesh beasts have already tasted, but cast it to the dogs.

The story inside

The rules begin with five-oxen or four-sheep repayment for theft followed by killing or sale, and double for a stolen animal found alive. The housebreaking rule keeps the sun-risen distinction without giving a new reason for it. Field and fire losses require repayment. Entrusted goods may lead to judgment or an oath, while custody rules distinguish unseen loss, stealth and a beast-eaten animal. Borrowing keeps the owner’s absence or presence and hire qualification. The next rules give the dowry and father-refusal conditions, and the death penalties for wizards, sex with a beast and sacrifice to gods except the Lord. The stranger rule recalls Egypt. Harm to widows and orphans leads to their cry and the Lord’s stated sword response. Poor borrowers are protected from extortion and usury, and the garment must be returned before sunset because it is the only covering. The chapter closes with speech about gods and the prince, prompt tithes and firstfruits, firstborn sons, the separate seven-and-eight-day livestock timing, and the rule against flesh beasts have tasted. (Exodus 22:1–31.)

Lessons worth keeping

1
Repayment is tied to the case. A killed or sold stolen ox requires five oxen, and a sheep four sheep. The live stolen ox, ass or sheep requires double. The chapter states these amounts without a theory about the animals’ usefulness. (22:1, 4.)
2
The custody rules distinguish types of loss. An unseen death, injury or enemy-taking allows an oath the owner must accept. Stealth requires repayment; being eaten by a beast requires bringing what was slain and no repayment. (22:10–13.)
3
The garment rule gives its reason. The neighbour has no other covering to sleep in, so the pledge is returned before sunset. The Lord says he will hear the person’s cry because he is compassionate. (22:26–27.)

Test your recall

Why is the garment returned before sunset? It is the person’s only covering and clothing to sleep in. Why must the owner accept the oath in the unseen-loss case? The rule specifies an oath that the keeper did not put his hand to the goods and requires acceptance without repayment. What happens if a virgin’s father refuses the marriage? The man still gives the usual dowry money. To which firstborn does the eighth-day rule apply?

Show answer

Oxen and sheep, after seven days with the dam; no day is stated for sons. (22:10–11, 17, 26–30.)

Source edition and notes

Douay–Rheims, revised by Richard Challoner (1749–1752). Project Gutenberg no. 1581. Locators refer to lines in the admitted pg1581.txt edition. Source notes may include Challoner commentary.

Lines 8288–8293
Exodus Chapter 22 The punishment of theft, and other trespasses. The law of lending without usury, of taking pledges of reverences to superiors, and of paying tithes.
Lines 8294–8306
22:1. 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. 22:2. 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. 22:3. 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. If that which he stole be found with him, alive, either ox, or ass, or sheep: he shall restore double.
Lines 8307–8315
22:5. 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. 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.
Lines 8316–8328
22:7. 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. 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, 22:9. 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.
Lines 8329–8342
22:10. 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. 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. But if it were taken away by stealth, he shall make the loss good to the owner. 22:13. If it were eaten by a beast, let him bring to him that which was slain, and he shall not make restitution.
Lines 8343–8349
22:14. 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. 22:15. But if the owner be present, he shall not make restitution, especially if it were hired, and came for the hire of his work.
Lines 8350–8355
22:16. If a man seduce a virgin not yet espoused, and lie with her: he shall endow her, and have her to wife. 22:17. 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.
Lines 8356–8362
22:18. Wizards thou shalt not suffer to live. 22:19. Whosoever copulateth with a beast; shall be put to death. 22:20. He that sacrificeth to gods, shall be put to death, save only to the Lord.
Lines 8363–8373
22:21. Thou shalt not molest a stranger, nor afflict him: for yourselves also were strangers in the land of Egypt. 22:22. You shall not hurt a widow or an orphan. 22:23. If you hurt them, they will cry out to me, and I will hear their cry: 22:24. And my rage shall be enkindled, and I will strike you with the sword, and your wives shall be widows, and your children fatherless.
Lines 8374–8384
22:25. 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. 22:26. If thou take of thy neighbour a garment in pledge, thou shalt give it him again before sunset. 22:27. 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.
Lines 8385–8398
22:28. Thou shalt not speak ill of the gods, and the prince of thy people thou shalt not curse. 22:29. Thou shalt not delay to pay thy tithes and thy firstfruits: thou shalt give the firstborn of thy sons to me. 22:30. 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. 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.