Exodus 22:1-6

CRITICAL NOTES.—

Exodus 22:2. No blood be shed for him.] This is a free translation, which, however, fairly gives the purport of the original words. The Hebrew phrase reads literally: “There is of for him bloods” (’eyn lo dâmim), the last word—in the plural—plainly standing for “blood-gulitiness.” “There is, in his case,” or, “in reference to him,” “no blood-guiltiness” resting on any one. No further blood is to be shed by way of avenging the death of one who had lost his life in the way described. We have here an instance of the underlying admission in the axiom, “Blood for blood” as the rule which calls for the caution of the text, as an exception.

MAIN HOMILETICS OF THE PARAGRAPH.— Exodus 22:1

ACTUAL AND VIRTUAL CRIMINALITY

The Mosaic law is a schoolmaster. Not a mere pedagogue to guide mankind to the place or person where education may be obtained, but a veritable schoolmaster to educate mankind—to lead men up out of a low into a high social condition, to develop humanity. We do not deny the fact that the Mosaic law, is a pedagogue, while we strive to bring into prominence the fact that it is itself also an educator. The educational power of the law is seen in this passage, as well as in others. Here men are taught to discriminate between crime and crime. While sin is one in its essence, yet there are degrees in criminality. Crime is variable, all sinners are not equally guilty.

I. Men must suffer for crime. The man who steals an ox or a sheep is not merely to make good the stolen animal, but must be mulcted in a penalty. The stolen ox must be replaced by another. But four oxen, or three sheep, is the price of the crime. And if the thief have nothing, then he is to be sold for his theft. The judges must thus determine. And out of the money thus obtained the loser of the animal must receive compensation. It is better to suffer wrong than to do wrong. The evil-doer must ultimately be a sufferer. The man who suffers evil patiently must ultimately receive compensation. The great moral law of the universe cannot be thwarted. He who hopes to gain by wrongdoing will find that his hope is cut off by the sharp and sure stroke of the hand of retribution. Honest gains may be slow, but they are sure and blessed.

II. Men must suffer, unavenged, the extreme consequences of criminal conduct. If the thief is killed while in the act of pursuing his criminal course, then no one is to be held responsible for the slaughter. “There shall no blood be shed for him.” If a man meets with evil while doing evil, then the human consciousness declares that it serves him right. And here truly the voice of all peoples is the voice of God. But danger might arise if men took the law into their own hands, so that they are not permitted to pursue the thief, and slay him in revenge. In the night, and in self-defence, the thief may be unwittingly slain, then he reaps as he has sown. But when the sun has risen, when the time of danger is over, extreme measures can only be regarded, as dictated by revenge. Even evil-doers have rights which must be respected. It is better to suffer evil than to give way to a revengeful spirit. “Avenge not yourselves.”

III. Men must learn, by degrees of suffering, that there are degrees of criminality. The thief who kills or sells the stolen ox must restore fivefold; but if the theft be found in his hand alive, then he shall restore double. We may picture the thief arrested in his course by the voice of conscience. He does not proceed to extreme lengths. He seems to be on the verge of confession. The law has regard to moral states. A slight penalty is judged for a first offence. The man who has been repeatedly in prison receives a severe sentence. The great Lawgiver is wise and merciful. “If we confess our sins, God is faithful and just to forgive us our sins.”

IV. Men must learn that property has rights. It seems likely that the case presented in verse five is that of the man who purposely causes his beast to feed in another man’s field, or on the herbage growing between the vines; and of the best of his field and of the best of his vineyard shall he make restitution. Though, from our reading of the law, if this should happen as the result of carelessness, we should expect that restitution would have to be made. Communistic theories were not taught in the Old Testament. And the trial of communism was a short-lived and unsuccessful experiment in the early Church. The peculiar theory of some communistic advocates seems to be self-enrichment at the expense of others. The cattle of others must not be allowed to graze on my lands, while my cattle may trespass anywhere. When human selfishness is thoroughly destroyed, when men are as anxious for the welfare of their neighbours as for their own, then boundary lines may be obliterated, and courts of justice may be abolished.

V. Men must learn to consider the welfare of their neighbours. Love thy neighbour as thyself, is a law for all economies. The virtual incendiary must make restitution. The man may simply have been burning the weeds or stubble of his own ground, but he burned too near his neighbour’s standing corn. He may be sorry for the destruction; but sorrow of itself will not fill the granary. Sorrow must work repentance, and repentance must show itself in ample restitution. Be careful how you handle fire. There are fires that cause such awful destruction that compensation is impossible. Who can make restitution for the fires of lust, of sensuality, and of criminality, kindled in the souls of men? Evil. doers have much to answer for. What hand can stay their ever-burning fires?

—W. Burrows, B.A.

SUGGESTIVE COMMENTS ON THE VERSES

THE LAW OF ROBBERY.—Exodus 22:1

God made provision not only for the acquisition of property, but for its security. Hence this law, which respects—

1. Theft.
2. Housebreaking.

I. Theft, Exodus 22:1. As the wealth of an Israelite consisted mainly in flocks and herds, the depredations of the thief were directed for the most part against them.

1. If the stolen animal were destroyed or sold
(1) in the case of an ox, as the more valuable for food and service, and the owner losing its work as well as its literal value, the penalty was fivefold.

(2) In the case of a sheep, the penalty was fourfold (2 Samuel 12:6). But—

2. If the animal were not sold or destroyed, the penalty was only double, as the thief would probably be a novice in his art.

II. Housebreaking, Exodus 22:2. The public sentiment (which ever recognises that a man’s house is his castle) against this act, it may be presumed, was so high, that the protection of a robber from sanguinary vengeance was necessary.

1. If his depredations occurred at midnight, and he lost his life in the attempt, the right of self-protection on the part of the householder was recognised.

2. If, however, they occurred during the day when he might be identified or apprehended, and he was slain, even the life of a thief was precious, and taking that life was murder (Exodus 21:12).

3. In the case of his success and detection, the penalty was double the value of the stolen property, or slavery.

4. In the case of non-success, he obtained the benefit of the doubt. (See also Leviticus 6:4.)

Learn—
i. That God’s providence extends to property as well as persons. Both are His gift. Neither must be interfered with except by the original donor.

ii That those who endeavour to thwart that providence play a losing game. The law of retribution imposes not only the loss of the apparent gain but of more. An act of injustice prevents enjoyment, entails the loss of self-respect, the approbation of conscience, the censure of good men, and the anger of God.

iii. That the recognition of that providence is not inconsistent with, but demands the use of, means. It is an abuse and perversion of it to tamely submit to wrong when the legitimate prevention of wrong is within our reach.

iv. That providence protects even the life of the wrong-doer, and no man must wantonly interfere with that protection. It is a terrible thing to send a man into eternity red-handed in his guilt. Milder measures, as all history testifies, may produce reformation.—J. W. Burn.

THE PENALTY OF CARELESSNESS.—Exodus 22:5

As in Exodus 21:28,—the principle is laid down that a man must “not only look on his own things, but also on the things of others.”

1. If a man, negligent of doors or fences, “shall let his beast go loose, and it shall feed” (according to LXX. Vulg. Syr. followed by Luther) in another’s field; or
2. If a man, according to the custom of Eastern countries before the autumnal rains, to prevent the ravages of vermin and to prepare the soil for the next crop, shall burn the dry grass and stubble in his field, and neglect to keep the fire within safe and proper bounds; then,
3. Restitution must be made.

Learn—
i. To be careful of your neighbour’s material, intellectual, and spiritual interest, and do not damage them by a careless word or action.
ii. In order that those interests may not be invaded, put a strong check on those loose and vagrant so-called interests of your own.
iii. In order to prevent any possibility of the transgression of those interests, see that those passions of avarice, envy, and revenge which cause so much mischief in the word, are quenched.
iv. If those interests are invaded, render a frank, manly, and ample restitution.

1. Confess your fault.
2. In the case of loss make it up.
3. In the case of injury to character, let the acknowledgment be co-extensive with the slander.
4. Let those who have been injured forgive as they hope to be forgiven.

J. W. Burn.

THINGS ENTRUSTED AND LOST

If the social compact is to rest on solid foundations, there must be a widespread feeling as to the sacredness of trusts. In societies one man is dependent upon another, and there will arise occasions when either goods or cattle must be entrusted to the keeping of others. Law must hold them responsible to whom goods have been entrusted. They must faithfully discharge the trust. They must render true accounts. Balance sheets must be submitted for inspection. The trustee occupies a responsible position. Every man, morally considered, is a trustee. Each man ought to consider himself as his brother’s keeper. One day accounts will have to be rendered. How solemn is man’s position as a moral trustee. Let there be a faithful discharge of duties, and there will be a wonderful display of Divine love and mercy.

I. The course to be pursued when the thief is found. If the goods have been stolen out of the trustee’s house, and the thief is discovered, then the case is clear. The trustee is free from all blame, and the thief must pay double for that which he has stolen. The thief might have taken the goods of the trustee as well as the goods entrusted to his keeping, and therefore it is not needful to suppose him guilty. If the trustee has taken the same precaution with that which is another man’s as with his own, then he has proved his faithfulness. Law requires no more.

II. The course to be pursued when the thief is unknown. If the goods are stolen, and the thief is not discovered, then there may be a case of embezzlement. The master of the house is responsible. His innocence must be proved. It must be shown that there has been no evil connivance. This is to be done by—

1. An appeal to the judges. It will be their difficult task to decide whether the accused is guilty or innocent. Evidence must be taken. The truth must be elicited by careful cross examination. And whom the judges shall condemn, he shall pay double unto his neighbour.
2. An appeal to the Supreme Judge. The sacredness of a religious oath has been held by nations in rudest states. There is a religious instinct in men, which speaks of his Divine original. Low has that man fallen who can easily violate a religious oath. And yet how many in our day can trifle with this solemn engagement! If the owner accepts the oath, then the trustee is freed from blame. We certainly must take into consideration the character of him who swears. Happy the man whose character is above suspicion, whose simple “yea” is deemed conclusive.

III. The course to be pursued when cattle are stolen from the trustee. There is difficulty in comprehending the purport of Exodus 22:12 when taken in connection with the preceding verses. If they had not been present then we might fairly have supposed that the trustee is more responsible for the safety of cattle than for the safety of goods. Thus we may perceive that it is a more difficult matter to steal cattle than to steal money. Therefore the trustee to whom cattle is entrusted, and from whom they have been stolen, must make restitution unto the owner. But if the cattle be torn in pieces, and he be able to bring it for a witness, then he shall not make good that which was torn. Perhaps the trustee was present at the attack, and endeavoured to drive away the wild animal, and the torn pieces rescued from the jaws of the destroyer are the witnesses of his heroism.

IV. The course to be pursued when injury is done to borrowed things. If the borrower has sole charge, then he is to be held responsible for the damages that may happen. But if the owner be with it, he shall not make it good; if it be an hired thing, it came for his hire. It seems as if the borrower is supposed to be in the hired service of the owner. The piece of the dead beast must be subtracted from the pay. We must be careful of borrowed property. All that we have has been lent unto us by the Lord, and He will call us to account for injuries done to that with which we have been entrusted.

V. The course to be pursued when a maid is enticed to her undoing. Some suppose this to be a case of trust like all the rest. The maid has entrusted herself—her honour and virtue—to the man, and he has betrayed the trust. He has violated her person, he has spoiled her virginity, and he must endow her to be his wife. He has no power of choice in the matter, but the father may for wise reasons utterly refuse to give the maid unto her betrayer, and he must pay money according to the dowry of virgins. The father ought to know what is for the good of his child. He is likely to have a knowledge of the world, and to know that his daughter’s happiness would not be safe in the keeping of such a man. It is always wise to take the counsel of parents. Let daughters especially not forsake the guide of their youths. Seducers ought to be compelled to marry the seduced if the parents are willing, or, if not, to make restitution. This would lessen the amount of the prostitution which is one of our national sins.—W. Burrows, B.A.

ILLUSTRATIONS

BY
REV. WILLIAM ADAMSON

Divine Enactments! Exodus 22:1.

(1) There is a world of difference between a stained glass window and a kaleidoscope. Their relative values are very different, and so is their structure. The pieces of variegated glass are flung anyhow, for the prism to arrange; whereas, those employed in the window are all arranged to give a beautiful, effective, and abiding impression. These separate enactments are not strung together haphazard. On the contrary, they are chords divinely arranged to produce harmony in the world, and give forth strains of Divine adoration in their observance.
(2) If one side of a tree grows, and the other does not, the tree acquires a crooked form. It may be fruitful, but it cannot be beautiful. God would have humanities and nationalities, theocracies and individualities, both rich in the beauties of holiness and the fruits of righteousness. The unequal growth of the Christian graces is undesirable; hence the numerous Divine precautions to make them alike fair, fragrant, and fruitful.

“Stern lawgiving! yet thou dost wear
The Godhead’s most benignant grace;
Flowers laugh before thee on their beds;
And fragrance in thy footing treads;
Thou dost preserve the stars from wrong.”

—Wordsworth.

Dishonesty! Exodus 22:1.

(1) Matthew Henry says, “That which is won ill will never wear well, for there is a curse attends it, which will waste it.” Many a fraudulent speculator on ’Change is none the richer for the gains dishonestly obtained from widows and old maids. Honesty is, after all, the best policy; for very frequently, the same corrupt dispositions which incline men to the sinful ways of getting will incline them to the like sinful ways of spending.
(2) In a recent Court of Queen’s Bench trial of some men of note, for dishonest building estate transactions, the judge passed sentence of imprisonment, adding that during the interval pecuniary restitution would have to be made; otherwise at the expiry of the term, they would again be brought up on other counts of the indictment. Restitution and retribution were here combined. “The way of transgressors is hard.”

“The sun of justice may withdraw his beams
Awhile from earthly ken; but soon these clouds,
Seeming eclipse, will brighten into day.”

—Bally.

Full Restitution! Exodus 22:3. A youth having, in a moment of peculiar temptation, plundered his employer, was sentenced to several years’ penal servitude. His conduct in prison was so exemplary that he was soon released on parole. Filled with a deep sense of his sin before God, and his ingratitude to his employer, he resolved to make the utmost amends. By dint of diligence, energy, and industry, he raised sufficient to refund the monies, including interest in full. He then presented himself before his old master in the spirit of a sincere penitent, expressed his sorrow for the dishonest action, and presented the full amount with interest. Conscience and a desire to live before God combined to achieve this happy result of full restitution. Conscience

“In leaves more durable than leaves of brass
Writes our whole history.”

—Young.

Trespass-Tribute! Exodus 22:5. Chandler in his “Asiatic Travels,” observes, that the tame cattle are very fond of vine-leaves, and are permitted to eat them in the autumn. He observed about Smyrna that the leaves were decayed, or stripped by the camels and herds of goats, which were permitted to browse after the vintage. If those animals were so fond of vine leaves, it is no wonder that Moses, in anticipation of possessing the vineyards and oliveyards of Canaan, forbade by an express law any selfish, wilful intrusion of one man’s cattle into the property of another. The trespass would prove a serious injury, if it took place before the time of the vintage; and if it occurred afterwards, it would still be plundering the food of the neighbour’s own cattle. This law has its moral aspect, and applies to the “spiritual vineyards of humanity.”

“Man spoils the tender beauty

That blossoms on the sod,

And blasts the loving heaven

Of the great, good world of God.”

—Household Words.

Law and Love! Exodus 22:5. Two small farmers—the one a Christian the other a worldling—owned adjoining lands. Frequently the pious farmer found his neighbour’s cow enjoying the rich grass of his meadow field, in spite of hedgerow and gateway. After driving back the animal, and closing the gate time after time, the humble Christian sent to the churlish, dishonest neighbour to say, that it grieved him more to witness his neighbour’s dishonesty than to lose the fodder for his cattle; and therefore, if his neighbour could not give up breaking the hedge and opening the gate for his cow to trespass, he would cheerfully feed the animal for nothing along with his own stock. This tenderness of heart for his conscience touched the neighbour, and he at once confessed his constant practice of dishonesty, and offered to make restitution in any way.

“Conscience, what art thou? thou tremendous Power!
Who dost inhabit us without our leave;
And art within ourselves another self,
A master-self, that loves to dominate,
And treat the mighty frankly as the slave?”

Honesty! Exodus 22:9.

(1) Entrusted! A writer in the “Sunday at Home,” alluding to the honesty of the Malays in the Dutch Indies, says that his business required frequent absences, during which he left his house in their care. Before setting out, he gave the key of his bureau to the mandoor, and told him to take care of the money it contained. He says he never found a single farthing amissing—that sometimes returning late, the servant would be found sleeping close to the bureau for its greater security—and that during all the time he passed in the island, he had no occasion to complain of the theft of any article.
(2) Lost! Not far from St. Petersburgh lived a poor woman, whose only livelihood arose from the visits of a few shipmasters on their way to the capital. One of these left behind a sealed bag of money; which the woman put away in her cupboard till it should be claimed. Years rolled on; and though often in great want, the bag of gold still remained sacredly intact. Seven years afterwards, some shipmasters were again staying at her house, when one of them remarked that he would never forget the town they were then visiting, for he had years before lost a sealed bag of 700 roubles. The poor woman overhearing the remark, said, “Would you know it by the seal?” The shipmaster pointed to a seal hanging by his watch-chain; and the bag was at once produced and restored to its rightful owner.

“An honest man is still an unmoved rock,
Washed whiter, but not shaken with the shock.”

—Davenport.

Trust-Restitution! Exodus 22:9.

(1) Recently & lady went to parison on a visit, entrusting her house and furniture to a friend, on whose honesty she relied. Unfortunately the confidence was misplaced; and during her absence, articles of considerable value were removed. On her return, the discovery was made, and the person guilty of so contemptible a breach of trust arraigned. The judge ordered him to restore all the objects of vertu which he had purloined, and to suffer a term of imprisonment for his breach of trust.

(2) A poor widow entrusted the title-deeds of some properly, left by her husband, to a solicitor, in whom she had confidence. Her trust was, however, grossly abused, as he retained the deeds on the plea of some false debt due by the husband. After long and persistent endeavours to obtain recovery of the documents, but in vain, the defrauded widow was advised to apply to the Lord Chancellor. On inquiry, the judge decided that the dishonest lawyer must either deliver up the title-deeds and make restitution for their retention, or be struck off the roll of solicitors.

“Justice has her laws,

That will not brook infringement; in all time,
All circumstances, all state, in every clime,
She holds aloft the same avenging sword.”

—Percival.

Conscience-Restitution! Exodus 22:12. Gray mentions that as a gentleman in London entered his house, he found a well-dressed female sitting on the stairs. She asked pardon for the liberty she had taken, saying that she had taken refuge for a few minutes in his house from a mad dog. On hearing her story, he gave her some refreshment before she left. In the evening, his wife missed her gold watch—it having been purloined by the forenoon visitor. Fifteen years afterwards, the watch was returned, with a note from the. thief. It stated that the Gospel had recently changed her heart, and that in consequence she desired to return the watch to its rightful owner.

“Conscience! It is a dangerous thing.

It made me once

Restore a purse of gold.”

—Shakespeare.