Introduction
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).
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Introduction
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
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If the theft be certainly found in his hand alive,.... Or, "in finding be found" (i), be plainly and evidently found upon him, before witnesses, as the Targum of Jonathan; so that there is no doubt of the theft; and it is a clear case that he had neither as yet killed nor sold the creature he had stolen, and to could be had again directly, and without any damage well as it would appear by this that he was not an old expert thief, and used to such practices, since he would soon have made away with this theft in some way or another:
whether it be ox, or ass, or sheep, or any other creature; and even, as Jarchi thinks, anything else, as raiment, goods, &c.
he shall restore double; two oxen for an ox, two asses for an ass, and two sheep for a sheep: and, as the same commentator observes, two living ones, and not dead ones, or the price of two living ones: so Solon made theft, by his law, punishable with death, but with a double restitution (k); and the reason why here only a double restitution and not fourfold is insisted on, as in Exo 22:1 is, because there the theft is persisted in, here not; but either the thief being convicted in his own conscience of his evil, makes confession, or, however, the creatures are found with alive, and so more useful being restored, and, being had again sooner, the loss is not quite so great.
(i) "inveniendo inventum fuerit", Pagninus, Montanus, Piscator. (k) A. Gell, l. 11. c. 18.
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