EXO 22

Exodus 22:2

WEB

If the thief is found breaking in, and is struck so that he dies, there shall be no guilt of bloodshed for him.

BSB

If a thief is caught breaking in and is beaten to death, no one shall be guilty of bloodshed.

KJV

¶ If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him.

Matthew Henry

Verses 1–6

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, Exo 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 stolen, and add to it a fifth part, Lev 6:4, Lev 6:5. 2. If he had killed or sold the sheep or ox he had stolen, and thereby persisted in his crime, he must restore five oxen for an ox, and four sheep for a sheep (Exo 22:1), more for an ox than for a sheep because the owner, besides all the other profit, lost the daily labour of his ox. This law teaches us that fraud and injustice, so far from enriching men, will impoverish them: if we unjustly get and keep that which is another's, it will not only waste itself, but it will consume that which is our own. 3. If he was not able to make restitution, he must be sold for a slave, Exo 22:3. The court of judgment was to do it, and it is probable that the person robbed had the money. Thus with us, in some cases, felons are transported into plantations where alone Englishmen know what slavery is. 4. If a thief broke a house in the night, and was killed in the doing of it, his blood was upon his own head, and should not be required at the hand of him that shed it, Exo 22:2. As he that does an unlawful act bears the blame of the mischief that follows to others, so likewise of that which follows to himself. A man's house is his castle, and God's law, as well as man's, sets a guard upon it; he that assaults it does so at his peril. Yet, if it was in the day-time that the thief was killed, he that killed him must be accountable for it (Exo 22:3), unless it was in the necessary defence of his own life. Note, We ought to be tender of the lives even of bad men; the magistrate must afford us redress, and we must not avenge ourselves.

II. Concerning trespass, Exo 22:5. He that wilfully put his cattle into his neighbour's field must make restitution of the best of his own. Our law makes a much greater difference between this and other thefts than the law of Moses did. The Jews hence observed it as a general rule that restitution must always be made of the best, and that no man should keep any cattle that were likely to trespass upon his neighbours or do them any damage. We should be more careful not to do wrong than not to suffer wrong, because to suffer wrong is only an affliction, but to do wrong is a sin, and sin is always worse than affliction.

III. Concerning damage done by fire, Exo 22:6. He that designed only the burning of thorns might become accessory to the burning of corn, and should not be held guiltless. Men of hot and eager spirits should take heed, lest, while they pretend only to pluck up the tares, they root out the wheat also. If the fire did mischief, he that kindled it must answer for it, though it could not be proved that he designed the mischief. Men must suffer for their carelessness, as well as for their malice. We must take heed of beginning strife; for, though it seem but little, we know not how great a matter it may kindle, the blame of which we must bear, if, with the madman, we cast fire-brands, arrows, and death, and pretend we mean no harm. It will make us very careful of ourselves, if we consider that we are accountable, not only for the hurt we do, but for the hurt we occasion through inadvertency.

Cross-references: Exod 22:4 · Lev 6:4 · Lev 6:5 · Exod 22:1 · Exod 22:3 · Exod 22:2 · Exod 22:5 · Exod 22:6

Hebrew interlinear

ל֖וֹloprep + suffix · pronominal · 3rd · masc · sing

H518

אִםʼim/eem/

prt — lo!, whether?, if, although, Oh that!, when, not

Derivation: a primitive particle;

used very widely as demonstrative, lo!; interrogative, whether?; or conditional, if, although; also Oh that!, when; hence, as a negative, not

KJV: (and, can-, doubtless, if, that) (not), + but, either, + except, + more(-over if, than), neither, nevertheless, nor, oh that, or, + save (only, -ing), seeing, since, sith, + surely (no more, none, not), though, + of a truth, + unless, + verily, when, whereas, whether, while, + yet.

אִם

conj — if

אִם conj.

1. hypoth. part. if

2. Interrog. part.

כִּי אם־

relative conjunction

כִּי אם־

1. each part. retaining its independent force, and relating to a different clause:

a. that if

b. for if

2. (About 140 t.) the two particles being closely conjoined, and relating to the same clause—

a. limiting the prec. clause, except

b. the if being neglected, and treated as pleonastic, so that the clause is no longer a limitation of the preceding clause but a contradiction of it: but rather, but

c. after an oath, surely

H4290

מַחְתֶּרֶתmachtereth/makh-teh'-reth/

n-m — burglary, unexpected examination

Derivation: from 2864;

a burglary; figuratively, unexpected examination

KJV: breaking up, secret search.

מַחְתֶּ֫רֶת

n.m — breaking in

מַחְתֶּ֫רֶת n.m. breaking in, burglary

H4672

מָצָאmâtsâʼ/maw-tsaw'/

v — come, appear, exist, attain, find, acquire, occur, meet, be present

Derivation: a primitive root;

properly, to come forth to, i.e. appear or exist; transitively, to attain, i.e. find or acquire; figuratively, to occur, meet or be present

KJV: be able, befall, being, catch, × certainly, (cause to) come (on, to, to hand), deliver, be enough (cause to) find(-ing, occasion, out), get (hold upon), × have (here), be here, hit, be left, light (up-) on, meet (with), × occasion serve, (be) present, ready, speed, suffice, take hold on.

מָצָא

vb — attain to

מָצָא 452 vb. attain to, find

Qal

1. find

2. find out

3. = come upon, light upon

4. noteworthy phrases

Niph. pass. of Qal, be found

Hiph.

1. cause to find, attain

2. cause to light upon, come upon, come

3. cause to encounter

4. present unto

H1590

גַּנָּבgannâb/gaw-nab'/

n-m — stealer

Derivation: from 1589;

a stealer

KJV: thief.

גַּנָּב

n.m — thief

גַּנָּב n.m. thief

H5221

נָכָהnâkâh/naw-kaw'/

v — strike

Derivation: a primitive root;

to strike (lightly or severely, literally or figuratively)

KJV: beat, cast forth, clap, give (wounds), × go forward, × indeed, kill, make (slaughter), murderer, punish, slaughter, slay(-er, -ing), smite(-r, -ing), strike, be stricken, (give) stripes, × surely, wound.

נָכָה

vb — smite

[נָכָה] 501 vb. smite (not in Qal)

Niph. and he shall be smitten [struck by weapon in battle] and die

Pu. both be smitten down by the hail

Hiph.

1.

a. lit., smite (with a single, non-fatal, blow), strike

b. smite repeatedly, beat a man

c. and they clapped hands (in applause)

d. give a thrust (with fork) into pot; strike roots

e. rarely smite (in battle) so as (merely) to wound

f. smite, of sun

2. Smite fatally

3. Smite = attack, attack and destroy a company

4. Of God

a. smite with a plague, disease, etc.

b. smite = chastise, or send judgment upon

c. of God’s destroying palaces

Hoph. be smitten

H4191

מוּתmûwth/mooth/

v — die, kill

Derivation: a primitive root;

to die (literally or figuratively); causatively, to kill

KJV: × at all, × crying, (be) dead (body, man, one), (put to, worthy of) death, destroy(-er), (cause to, be like to, must) die, kill, necro(-mancer), × must needs, slay, × surely, × very suddenly, × in (no) wise.

מוּת

vb — die

מוּת vb. die

Qal

1. die, of natural or other causes

2. die as a penalty = be put to death

Po‛lel. kill, put to death, despatch (intens.)

Hiph.

1. abs., elsewhere c. acc., subj. man

2. subj. God, by inflicting penalty

3. of animals killing men

4. bring to a premature death

Hoph. be killed, put to death

H369

אַיִןʼayin/ah'-yin/

np — nonentity

Derivation: as if from a primitive root meaning to be nothing or not exist;

a nonentity; generally used as a negative particle

KJV: else, except, fail, (father-) less, be gone, in(-curable), neither, never, no (where), none, nor, (any, thing), not, nothing, to nought, past, un(-searchable), well-nigh, without. Compare 370.

אַ֫יִן

subst — nothing

אַ֫יִן, אָ֑֫יִן cstr. אֵין subst. prop. nothing, nought

1. to nothing, as nothing

2. cstr. אֵין, very freq. as particle of negation, is not, are not, was not, were not

3. אֵין לְ׳, with subst., or pron., there is (was) not to … = … have, has, had, etc. not

4. in circumst. clauses

5. with inf. and ל׳, it is not to

6. with prefixes

H1818

דָּםdâm/dawm/

n-m — blood, juice, bloodshed

Derivation: from 1826 (compare 119);

blood (as that which when shed causes death) of man or an animal; by analogy, the juice of the grape; figuratively (especially in the plural) bloodshed (i.e. drops of blood)

KJV: blood(-y, -guiltiness, (-thirsty), innocent.

דָּם

n.m — blood

דָּם 300 n.m. blood

1. blood of man or animal

2. usually blood become visible

3. blood used with religious significance

4. fig. of wine

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