Exodus 22:2 Komentář

The laws of this chapter relate, I. To the eighth commandment, concerning theft (Exo 22:1-4), trespass by cattle (Exo 22:5), damage by fire (Exo 22:6), trusts (Exo 22:7-13), borrowing cattle (Exo 22:14, Exo 22:15), or money (Exo 22:25-27). II. To the seventh commandment. Against fornication (Exo 22:16, Exo 22:17), bestiality (Exo 22:19). III. To the first table, forbidding witchcraft (Exo 22:18), idolatry (Exo 22:20). Commanding to offer the firstfruits (Exo 22:29, Exo 22:30). IV. To the poor (Exo 22:21-24). V. To the civil government (Exo 22:28). VI. To the peculiarity of the Jewish nation (Exo 22:31).

INTRODUCTION TO EXODUS 22 This chapter contains various laws concerning theft, Exo 22:1, concerning damage done to fields and vineyards by beasts, and to corn in stacks or standing, by fire, Exo 22:5, concerning anything or creature deposited in the hands of a neighbour, and they be stolen or lost by one means or another, Exo 22:7, concerning anything borrowed, and it comes to any damage, Exo 22:14, concerning fornication, Exo 22:16 concerning witchcraft, bestiality, and idolatry, Exo 22:18 concerning oppression, and affliction of the stranger, fatherless, and widow, Exo 22:21 concerning taking usury and pledges, Exo 22:25, concerning irreverence to magistrates, Exo 22:28, concerning the offering of firstfruits to God, Exo 22:29 and the chapter is concluded with a prohibition of eating anything torn by beasts, Exo 22:31

If a thief be found breaking up,.... An house, in order to steal money, jewels, household goods, &c. or breaking through any fence, hedge, or wall of any enclosure, where oxen, or sheep, or any other creatures are, in order to take them away: the Targum of Jonathan is,"if in the hole of a wall (or window of it) a thief be found;''that is, in the night, as appears from the following verse, "if the sun", &c. to which this is opposed, as Aben Ezra observes; some render it, with a digging instrument (x); and it is a Jewish canon (y), that"if anyone enter with a digging instrument: he is condemned on account of his end;''his design, which is apparent by the instrument found upon him; for, as Maimonides (z) observes,"it is well known, that if anyone enters with a digging instrument, that he intends, if the master of the house opposes him to deliver his goods out of his power, that he will kill him, and therefore it is lawful to kill him; but it does not signify whether he enters with a digging instrument, either by the way of the court, or roof;" and be smitten that he die be knocked down with a club, by the master of the house, or any of his servants, or be run through with a sword, or be struck with any other weapon, to hinder him from entrance and carrying off any of the goods of the house, and the blow be mortal: there shall no blood be shed for him: as for a man that is murdered; for to kill a man when breaking into a house, and, by all appearance, with an intention to commit murder, if resisted, in defence of a man's self, his life and property, was not to be reckoned murder, and so not punishable with death: or, "no blood" shall be "unto him" (a); shall be imputed to him, the man that kills the thief shall not be chargeable with his blood, or suffer for shedding it; because his own life was risked, and it being at such a time, could call none to his assistance, nor easily discern the person, nor could know well where and whom he struck. (x) "cum perfossorio", Pagninus; "cum instrumento perfosserio", Tigurine version. (y) Misn. Sanhedrin, c. 8. sect. 6. (z) Comment. in ib. (a) "non ei sanguines", Montanus, Vatablus, Drusius.

Laws concerning theft, Exo 22:1-4; concerning trespass, Exo 22:5; concerning casualties, Exo 22:6. Laws concerning deposits, or goods left in custody of others, which may have been lost, stolen, or damaged, Exo 22:7-13. Laws concerning things borrowed or let out on hire, Exo 22:14, Exo 22:15. Laws concerning seduction, Exo 22:16, Exo 22:17. Laws concerning witchcraft, Exo 22:18; bestiality, Exo 22:19; idolatry, Exo 22:20. Laws concerning strangers, Exo 22:21; concerning widows, Exo 22:22-24; lending money to the poor, Exo 22:25; concerning pledges, Exo 22:26; concerning respect to magistrates, Exo 22:28; concerning the first ripe fruits, and the first-born of man and beast, Exo 22:29, Exo 22:30. Directions concerning carcasses found torn in the field, Exo 22:31.

If a thief be found - If a thief was found breaking into a house in the night season, he might be killed; but not if the sun had risen, for then he might be known and taken, and the restitution made which is mentioned in the succeeding verse. So by the law of England it is a burglary to break and enter a house by night; and "anciently the day was accounted to begin only from sunrising, and to end immediately upon sunset: but it is now generally agreed that if there be daylight enough begun or left, either by the light of the sun or twilight, whereby the countenance of a person may reasonably be discerned, it is no burglary; but that this does not extend to moonlight, for then many midnight burglaries would go unpunished. And besides, the malignity of the offense does not so properly arise, as Mr. Justice Blackstone observes, from its being done in the dark, as at the dead of night when all the creation except beasts of prey are at rest; when sleep has disarmed the owner, and rendered his castle defenceless." - East's Pleas of the Crown, vol. ii., p. 509.

LAWS CONCERNING THEFT. (Exo. 22:1-31) If a man shall steal an ox, or a sheep--The law respects the theft of cattle which constituted the chief part of their property. The penalty for the theft of a sheep which was slain or sold, was fourfold; for an ox fivefold, because of its greater utility in labor; but, should the stolen animal have been recovered alive, a double compensation was all that was required, because it was presumable he (the thief) was not a practised adept in dishonesty. A robber breaking into a house at midnight might, in self-defense, be slain with impunity; but if he was slain after sunrise, it would be considered murder, for it was not thought likely an assault would then be made upon the lives of the occupants. In every case where a thief could not make restitution, he was sold as a slave for the usual term.