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Matthew Henry

Matthew Henry's Complete Commentary - Exodus 22:1-6

Here are the laws, I. Concerning theft, which are these:?1. If a man steal any cattle (in which the wealth of those times chiefly consisted), and they be found in his custody, he must restore double, Exod. 22:4. Thus he must both satisfy for the wrong and suffer for the crime. But it was afterwards provided that if the thief were touched in conscience, and voluntarily confessed it, before it was discovered or enquired into by any other, then he should only make restitution of what he had... read more

John Gill

John Gills Exposition of the Bible Commentary - Exodus 22:4

If the theft be certainly found in his hand alive ,.... Or, "in finding be found" F9 המצא תמצא "inveniendo inventum fuerit", Pagninus, Montanus, Piscator. , 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... read more

Adam Clarke

Adam Clarke's Commentary on the Bible - 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 and sold the property, then he was to restore four or fivefold, Exodus 22:1 ; but if the animal was found alive in his possession, he was to restore double. read more

Spence, H. D. M., etc.

The Pulpit Commentary - Exodus 22:1-4

Punishment, even for one and the same offence, should be graduated. Some codes treat a crime which can be given a single definite name, e.g; theft, as if it were in all cases uniform, and prescribe a single penalty—death, the bastinado, a month's imprisomnent. The Mosaic Law, with greater refinement and greater propriety, graduated the punishment according to the special character of the offence. The worst form of theft proper is burglary. Burglary destroys the repose of the household,... read more

Spence, H. D. M., etc.

The Pulpit Commentary - Exodus 22:1-16

Restitution. We have to mark again in this chapter with how even a hand the law of Moses holds the scales of justice. The cases ruled by the principle of restitution are the following:— I. THEFT ( Exodus 22:1-5 ). The illustrations in the law relate to thefts of cattle. But the principles embodied apply to thefts generally (cf. Exodus 22:7 ). Note— 1 . The law which punishes the theft, protects the thief's life. It refuses, indeed, to be responsible for him in the event of... read more

Spence, H. D. M., etc.

The Pulpit Commentary - Exodus 22:1-31

Exodus 21:33 If a man shall open a pit. Rather, "If a man shall uncover a cistern." Cisterns, very necessary in Palestine, were usually closed by a flat-stone, or a number of planks. To obtain water from them, they had to be uncovered; but it was the duty of the man who uncovered them, to replace the covering when his wants were satisfied. Or dig a pit and not cover it . A man who was making a cistern might neglect to cover it while it was in course of construction, or even... read more

Spence, H. D. M., etc.

The Pulpit Commentary - Exodus 22:4

If the theft be certainly found in his hand . If he be caught in flagrante delicto, with the thing stolen in his possession, "whether it be ox, or ass, or small cattle," he shall restore double. The law of theft in the Mosaic legislation is altogether of a mild character, as compared with the Roman, or even with the English law, until the present century. Double restitution was a sort of "retaliation"—it involved a man losing the exact amount which he had expected to gain read more

Albert Barnes

Albert Barnes' Notes on the Whole Bible - Exodus 22:2-4

If a thief, in breaking into a dwelling in the night, was slain, the person who slew him did not incur the guilt of blood; but if the same occurred in daylight, the slayer was guilty in accordance with Exodus 21:12. The distinction may have been based on the fact that in the light of day there was a fair chance of identifying and apprehending the thief. read more

Joseph Benson

Joseph Benson's Commentary of the Old and New Testaments - Exodus 22:3-4

Exodus 22:3-4. For he should make full restitution This the law determined: not that he should die. In his hand alive Not killed, nor sold, as Exodus 22:1, so that the owner recover it with less charge and trouble. read more

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