Exo 22:1-3 | KD | STEP | With regard to cattle-stealing , the law makes a distinction between what had been killed or sold, and what was still alive and in the thief’s hand (or possession). In the latter case, the thief was to restore piece for piece twofold ( ); in the former, he was to restore an ox fivefold and a small animal (a sheep or a goat) fourfold ( ). The difference between the compensation for an ox and a small animal is to be accounted for from the comparative worth of the cattle to the possessor, which determined the magnitude of the theft and the amount of the compensation. But the other distinctions of twofold, fourfold, and fivefold restitution cannot be accounted for, either by supposing “that the animal slain or sold was lost to its master, and might have been of peculiar value to him” ( Knobel ), for such a consideration of personal feelings would have been quite foreign to the law-not to mention the fact that an animal that had been sold might be recovered by purchase; or from the fact that “the thief in this case had carried his crime still further” ( Baumgarten ), for the main thing was still the theft, not the consumption or sale of the animal stolen. The reason can only have lain in the educational purpose of the law: viz., in the intention to lead the thief to repent of his crime, to acknowledge his guilt, and to restore what he had stolen. Now, as long as he still retained the stolen animal in his own possession, having neither consumed nor parted with it, this was always in his power; but the possibility was gone as soon as it had either been consumed or sold (see by Archäologie , §154, Note 3).

‏ Exodus 22:1-3

With regard to cattle-stealing, the law makes a distinction between what had been killed or sold, and what was still alive and in the thief’s hand (or possession). In the latter case, the thief was to restore piece for piece twofold (Exo 22:4); in the former, he was to restore an ox fivefold and a small animal (a sheep or a goat) fourfold (Exo 22:1). The difference between the compensation for an ox and a small animal is to be accounted for from the comparative worth of the cattle to the possessor, which determined the magnitude of the theft and the amount of the compensation. But the other distinctions of twofold, fourfold, and fivefold restitution cannot be accounted for, either by supposing “that the animal slain or sold was lost to its master, and might have been of peculiar value to him” (Knobel), for such a consideration of personal feelings would have been quite foreign to the law-not to mention the fact that an animal that had been sold might be recovered by purchase; or from the fact that “the thief in this case had carried his crime still further” (Baumgarten), for the main thing was still the theft, not the consumption or sale of the animal stolen. The reason can only have lain in the educational purpose of the law: viz., in the intention to lead the thief to repent of his crime, to acknowledge his guilt, and to restore what he had stolen. Now, as long as he still retained the stolen animal in his own possession, having neither consumed nor parted with it, this was always in his power; but the possibility was gone as soon as it had either been consumed or sold (see by Archäologie, §154, Note 3). ^{▼▼Calvin gives the same explanation: Major in scelere obstinatio se prodit, ubi res furtiva in quaestum conversa est, nec spes est ulla resipiscentiae, atque ita continuo progressu duplicatur malae fidei crimen. Fieri potest ut fur statim post delictum contremiscat: qui vero animal occidere ausus est, aut vendere, prorsus in maleficio obduruit.} Exo 22:2-4

Into the midst of the laws relating to theft, we have one introduced here, prescribing what was to be done with the thief. “If the thief be found breaking in (i.e., by night according to Exo 22:3), and be smitten so that he die, there shall be no blood to him (the person smiting him); if the sun has risen upon him (the thief breaking in), there is blood to him:” i.e., in the latter case the person killing him drew upon himself blood-guiltiness (דּמים lit., drops of blood, blood shed), in the former case he did not. “The reason for this disparity between a thief by night and one in the day is, that the power and intention of a nightly thief are uncertain, and whether he may not have come for the purpose of committing murder; and that by night, if thieves are resisted, they often proceed to murder in their rage; and also that they can neither be recognised, nor resisted and apprehended with safety” (Calovius). In the latter case the slayer contracted blood-guiltiness, because even the life of a thief was to be spared, as he could be punished for his crime, and what was stolen be restored according to the regulations laid down in Exo 22:1 and Exo 22:4. But if he had not sufficient to make retribution, he was to be sold “for his stolen,” i.e., for the value of what he had stolen, that he might earn by his labour the compensation to be paid.