CHAPTER XXII
_Laws concerning_ theft, 1-4;
_concerning_ trespass, 5;
_concerning_ casualties, 6.
_Laws concerning_ deposits, _or goods left in custody of others_,
_which may have been_ lost, stolen, _or_ damaged, 7-13.
_Laws concerning things_ borrowed _or let out on_ hire, 14, 15.
_Laws conc... [ Continue Reading ]
Verse Exodus 22:2. _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 bur... [ Continue Reading ]
Verse Exodus 22:4. _HE SHALL RESTORE DOUBLE._] In no case of theft was
the life of the offender taken away; the utmost that the law says on
this point is, that, if when _found breaking into a house, he_ _should
be smitten so as to die, no blood should be shed for him_; Exodus
22:2. If he had _stolen... [ Continue Reading ]
Verse Exodus 22:6. _IF FIRE BREAK OUT_] Mr. Harmer observes that it is
a common custom in the east to set the dry herbage on fire before the
autumnal rains, which fires, for want of care, often do great damage:
and in countries where great drought prevails, and the herbage is
generally parched, grea... [ Continue Reading ]
Verse Exodus 22:7. _DELIVER UNTO HIS NEIGHBOUR_] This is called
_pledging_ in the law of _bailments_; it is a deposit of goods by a
debtor to his creditor, to be kept till the debt be discharged.
Whatever goods were thus left in the hands of another person, that
person, according to the Mosaic law,... [ Continue Reading ]
Verse Exodus 22:8. _UNTO THE JUDGES_] Exodus 21:6, Exodus 21:6.... [ Continue Reading ]
Verse Exodus 22:9. _CHALLENGETH TO BE HIS_] It was necessary that such
a matter should come before the judges, because the person in whose
possession the goods were found might have had them by a fair and
honest purchase; and, by sifting the business, the thief might be
found out, and if found, be o... [ Continue Reading ]
Verse Exodus 22:11. _AN OATH OF THE LORD BE BETWEEN THEM_] So solemn
and awful were all appeals to God considered in those ancient times,
that it was taken for granted that the man was innocent who could by
an oath appeal to the omniscient God that he had not put his hand to
his neighbour's goods. S... [ Continue Reading ]
Verse Exodus 22:13. _IF IT BE TORN IN PIECES - LET HIM BRING IT_ FOR
_WITNESS_] Rather, _Let him bring_ עד הטרפה ed hatterephah, a
testimony or _evidence of the torn thing_, such as the _horns, hoofs_,
c. This is still a law in some countries among graziers: if a horse,
cow, sheep, or goat, intrust... [ Continue Reading ]
Verse Exodus 22:16. _IF A MAN ENTICE A MAID_] This was an exceedingly
wise and humane law, and must have operated powerfully against
seduction and fornication; because the person who might feel inclined
to take the advantage of a young woman knew that he must marry her,
and give her a dowry, if her... [ Continue Reading ]
Verse Exodus 22:18. _THOU SHALT NOT SUFFER A WITCH TO LIVE._] If
there had been no _witches_, such a law as this had never been made.
The existence of the _law_, given under the direction of the Spirit of
God, proves the existence of the _thing_. It has been doubted whether
מכשפה _mecash-shephah_,... [ Continue Reading ]
Verse Exodus 22:19. _LIETH WITH A BEAST_] If this most abominable
crime had not been common, it never would have been mentioned in a
sacred code of laws. It is very likely that it was an _Egyptian_
practice; and it is certain, from an account in Sonnini's Travels,
that it is practised in Egypt to th... [ Continue Reading ]
Verse Exodus 22:20. _UTTERLY DESTROYED._] The word חרם _cherem_
denotes a thing utterly and finally separated from God and devoted to
destruction, without the possibility of redemption.... [ Continue Reading ]
Verse Exodus 22:21. _THOU SHALT NEITHER VEX A STRANGER, NOR OPPRESS
HIM_] This was not only a very _humane_ law, but it was also the
offspring of a sound policy: "_Do not vex a stranger_; remember ye
were strangers. Do not _oppress_ a stranger; remember ye were
_oppressed_. Therefore do unto all men... [ Continue Reading ]
Verse Exodus 22:22. _YE SHALL NOT AFFLICT ANY WIDOW, OR FATHERLESS
CHILD._] It is remarkable that offences against this law are not left
to the discretion of the _judges_ to be _punished_; God reserves the
punishment to himself, and by this he strongly shows his abhorrence of
the crime. It is no com... [ Continue Reading ]
Verse Exodus 22:25. _NEITHER SHALT THOU LAY UPON HIM USURY._] נשך
_neshech_, from _nashach_, to _bite, cut_, or _pierce_ with the
_teeth; biting usury_. So the Latins call it _usura vorax,_ _devouring
usury_. "The increase of usury is called נשך _neshech_, because it
resembles the biting of a serpen... [ Continue Reading ]
Verse Exodus 22:26. _IF THOU - TAKE THY NEIGHBOUR'S RAIMENT TO
PLEDGE_] It seems strange that any pledge should be taken which must
be so _speedily_ restored; but it is very likely that the pledge was
restored by _night_ only, and that he who pledged it brought it back
to his creditor next morning.... [ Continue Reading ]
Verse Exodus 22:28. _THOU SHALT NOT REVILE THE GODS_] Most
commentators believe that the word _gods_ here means _magistrates_.
The original is אלהים _Elohim_, and should be understood of the
true God only: _Thou shalt not blaspheme or make light of_ [תקלל
tekallel] _God_, the fountain of justice an... [ Continue Reading ]
Verse Exodus 22:29. _THE FIRST OF THY RIPE FRUITS_] This offering was
a public acknowledgment of the bounty and goodness of God, who had
given them their proper _seed time_, the _first_ and the _latter
rain_, and the _appointed weeks of harvest_.
From the practice of the people of God the heathens... [ Continue Reading ]
Verse Exodus 22:30. _SEVEN DAYS IT SHALL BE WITH HIS DAM_] For the
_mother's_ _health_ it was necessary that the young one should suck so
long; and prior to this time the process of nutrition in a young
animal can scarcely be considered as completely formed. Among the
Romans _lambs_ were not conside... [ Continue Reading ]
Verse Exodus 22:31. _NEITHER SHALL YE EAT - FLESH - TORN OF BEASTS IN
THE_ _FIELD_] This has been supposed to be an ordinance against eating
flesh cut off the animal while alive, and so the Syriac seems to have
understood it. If we can credit Mr. Bruce, this is a frequent custom
in Abyssinia; but h... [ Continue Reading ]