Exodus 22:5

Laws about Crop Protection

5 "When a man lets a field or vineyard be grazed in, and then allows his animals to go and graze in someone else's field, he must repay^[a] with the best of his own field or vineyard.

Exodus 22:5 Meaning and Commentary

Exodus 22:5

If a man shall cause a field or vineyard to be eaten
Which is not his own, by putting cattle into it to feed upon it, as it is explained in the next clause:

and shall put in his beast, and shall feed in another man's field;
do damage in one or both those two ways, either by his feet treading down the grass and fruits of the earth, which the Rabbins, as Jarchi says, think, is meant by putting in his beast; or with his beast eating up the same, which is intended by the latter phrase:

of the best of his own field, and of the best of his own vineyard,
shall he make restitution
for what damage is done by his beast in his neighbour's field or vineyard; and this held good of any garden or orchard injured in like manner; and it is a general rule with the Jews, that when any damage is sustained, he that does the damage is obliged to pay with the best the earth produces ^F12, even though better than was the man's that suffered the loss, that for the future he might be more careful of doing injury to another ^F13.

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FOOTNOTES:

F12 Misc. Bava Kama, c. 1. sect. 1.
F13 Bartenora in Misn. Gittin, c. 5. sect. 1.

Exodus 22:5 In-Context

3 But if this happens after sunrise, there is guilt of bloodshed. A thief must make full restitution. If he is unable, he is to be sold because of his theft.

4 If what was stolen-whether ox, donkey, or sheep-is actually found alive in his possession, he must repay double.

5 "When a man lets a field or vineyard be grazed in, and then allows his animals to go and graze in someone else's field, he must repay with the best of his own field or vineyard.

6 "When a fire gets out of control, spreads to thornbushes, and consumes stacks of cut grain, standing grain, or a field, the one who started the fire must make full restitution for what was burned.

7 "When a man gives his neighbor money or goods to keep, but they are stolen from that person's house, the thief, if caught, must repay double.

Footnotes

• [a]. LXX adds from his field according to its produce. But if someone lets his animals graze an entire field, he must repay; DSS, Sam also support this reading.