Matthew Poole and continuators on Exodus 22

1 IF a man shall steal an oxe, or a sheep , and kill it, or sell it , he shall restore five oxen for an oxe, and four sheep for a sheep .

Or, an ass, which is added ver. 4. and consequently any other living creature, to be valued according to its worth and use to man, proportionably to the rule here laid down. Onely these are instanced in, for their usefulness in the service both of God and of men.

Which was an aggravation of the crime, and a token of greater boldness, resolvedness, and expertness in the trade of thieving, than was in him who kept it at home, ver. 4.

Quest. 1. Why so much, seeing the stealer of other things was tyed to restore but double? Ans. 1. For terrour, because these beasts being kept in the fields might more easily be stoln. 2. Because the loss of these was greater than of other things: for they did not onely lose what the cattle might be sold for, but all the service, increase, and other benefits, which a man might receive from them. Quest. 2. Why more for oxen, than for sheep? Ans. 1. Because it argued greater boldness and customariness in the thief to steal that which might more easily be discovered. 2. Because besides the intrinsecal worth of the oxe, the labour of the oxe was very considerable to his owner, Prov. 14. 4. and therefore the loss greater.

Marginal references: Or, goat.; 2 Sam. 12. 6. Luk. 19. 8. See Prov. 6. 31.

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

To wit, an house, which the Chaldee here addes, and by night, as appears from the next verse.

(i. e.) For the thief, though he be killed by a man in his own defence. Because in that case, the thief might be presumed to have a worse design, and the owner of the house could neither expect or have the help of others to secure him from the intended violence, nor guide his blows with that discretion and moderation, which in the day-time he might use.

3 If the Sun be risen upon him, there shall be blood shed for him : for he should make full restitution: if he have nothing, then he shall be sold for his theft.

He that kills him shalt be put to death, because he punished him more than his crime deserved, and might have been otherwise either secured or righted, and in that case, it is probable the thief designed not murder, but theft onely. But if it were evident, that the house-breaker designed murder, he might doubtless kill him in his own defence.

Either so long till his service was worth the thing stollen, or rather for the ordinary time of six years, because this was not a simple thief, but an house-breaker, which was much worse. Quest. How can he be sold, who is supposed to be killed? Ans. The Hebrew word may be better rendred, should be sold, as the foregoing word, of the same future time, is rendred, should make restitution, to wit, if he were not killed; and therefore the killer of him being sufficiently secured against this injury was more culpable in killing him without necessity.

4 If the theft be certainly found in his hand alive , whether it be oxe, or ass, or sheep, he shall restore double .

Not killed, nor sold, as ver. 1.

Not more, 1. because in that case it was presumed, either that he intended to restore it, or at lest that he was but raw and unexercised in the trade of stealing, and so should be more gently punished: 2. because the right owner recovered his goods with less charge and trouble. or 3. because it was but a single crime, whereas the other ver. 1. was an aggravated and complicated crime, where one sin and injury was added to another. Obj. It is said, he shall restore seven-sold▪ Prov. 6. 31. Ans. 1. Seven-sold is put for abundantly, as that word is oft used as Gen. 4. 24. Ps. 12. 6 & 79. 12. and a learned man observes it is never used for that definite number. Ans. 2. This seven-sold or seven-times may relate not to the proportion of his restitution, but to the number of his Thefts, or rather of his detections, and the sence is this, Though he be found guilty of theft seven times, all his punishment is, that he shall restore, as the law prescribes. Whereas adultery, of which he there speaks in the following verses, is a crime of that nature, that if a man be once found guilty of it, restitution cannot be made nor will it serve his turn, but he falls into all the mischiefs there reckoned up.

5 If a man shall cause a field or vineyard to be eaten, and shall put in his beast, and shall feed in another mans field: of the best of his own field, and of the best of his own vineyard shall he make restitution.

Or, Orchard, or other things of like nature, which is generally to be observed in Laws.

6 If fire break out, and catch in thorns, so that the stacks of corn, or the standing corn, or the field be consumed therewith; he that kindled the fire , shall surely make restitution .

Whether wilfully for such a purpose, or carelesly in such a time or place as was dangerous.

Which if he were not able to do, it is probable he was to be sold for it, as in like cases was provided.

7 If a man shall deliver unto his neighbour money or stuff to keep, and it be stollen out of the mans house; if the thief be found, let him pay double.

Heb. Vessels, garments, utensils, or any kind of houshold stuffe.

8 If the thief be not found, then the master of the house shall be brought unto the Judges to see whether he have put his hand unto his neighbours goods .

That they may examine all circumstances, and use all means to find out the truth, by offering him his Oath, or otherwise.

Either to take and reserve them for his own use, or to dispose of them to another for his own advantage.

9 For all manner of trespass , whether it be for oxe, for ass, for sheep, for raiment, or for any manner of lost thing, which another challengeth to be his : the cause of both parties shall come unto the Judges, and whom the Judges shall condemn , he shall pay double unto his neighbour.

To wit, about matters deposited upon trust, and lost, of which alone this place speaks.

Or, when or concerning which he shall say, this is it, viz, the thing that I have lost: Or rather, this is he, to whom I committed it, and whom I suspect and charge as guilty.

Whether the person with whom the things were deposited, if they judged him guilty of Theft, or the depositor, if he were convicted of a false-accusation.

10 If a man deliver unto his neighbour an ass, or an oxe, or a sheep, or any beast to keep , and it dye, or be hurt, or driven away, no man seeing it;

As his servant, not freely, but for wages.

11 Then shall an Oath of the LORD be between them both , that he hath not put his hand unto his neighbours goods: and the owner of it shall accept thereof, and he shall not make it good.

So called here as also 1 Kings 1. 43. because it is taken by his authority and appointment, and for his honour, and in his name alone, God being made both witness and judge and avenger thereby.

(i. e.) Shall [illegible: 1+ letters]nd the difference between them both the one shall give his Oath, and the other shall accept of it: Or be taken by them both, by the one that he did deliver them to him upon agreement and for hire, by the other, that he put not his hand to them.

12 And if it be stollen from him , he shall make restitution unto the owner thereof.

Heb. from with him, which is an emphatical expression, and notes that this was taken away, either 1. From those things which were with him, or which were his, i. e. from the midst of his own goods, which supposeth fraud in him: Or 2. From under his eye, when he either did know of it, or with common care and diligence might have been known and prevented, and this argues gross neglect in him. And this is one reason, why this man is bound to make restitution, when the other ver, 7. is not; another reason of the difference is, because those things verse 7. were onely or principally dead things and such things as required no great care, or, if they did, for in that case also were included, Oxen▪ Asses, &c. v. 9. yet he with whom they were left received no recompence for them and therefore was not obliged to any singular care about them; but here the things were such as needed great care and diligence, which also this man was obliged to perform by the hire which he received upon that account, which was Iacobs case, Gen. 31. 39.

13 If it be torn in pieces, then let him bring it for witness , and he shall not make good that which was torn.

It (i. e.) Some part of the torn Creature, which the wild Beast haply had lest, Amos 3. 11, 12. Quest. What if the whole creature were carried away, as a sheep or Lamb is sometimes by the wolf! Answ. 1. I suppose this was not frequent, and that those ravenous creatures did speedily fall to their meal, and that something was left, not far from the place, which the Shepherd might easily procure. 2. The words may be otherwise rendred, he shall bring a witness, as the Chaldee and Samar. render it, or a Testimony (i. e.) Some evidence whereby the judge might be satisfied, as for instance, that some Wolf or Lion, &c. was seen in those parts, &c. or some witness of his diligence and faithfulness in all other things, which therefore might well be presumed in this.

14 And if a man borrow ought of his neighbour, and it be hurt, or die, the owner thereof being not with it, he shall surely make it good .

(i. e.) Any living thing, which may be hurt or die, as it follows.

This may seem hard, but all things considered, is reasonable; because in doubtful cases, wherein it is not evident whether the borrower was faulty or not, as it is here, it ought to be interpreted in favour of the lender, rather than of the borrower, partly to oblige the borrower to the greater fidelity and care in such things, which being not his own men are commonly more careless about; partly because the benefit being wholly the borrowers, the loss also in all reason ought to be his, and the lender ought not to suffe[illegible: 1+ letters] [illegible: 1 word] kindness, lest he should be discouraged from such [illegible: 1 word] the future.

15 But if the owner thereof be with it , he shall not make it good : if it be an hired thing, it came for his hire .

In which case, the Law reasonably presumes, both that the borrower would not abuse it in the [illegible: 1+ letters]ight of its owner, and that the lender might and would take due care about it.

Except there be some manifest fault in the [illegible: 1 word] ▪ as if he should kill or wound the beast in the leaders presence: [illegible: 1 word] exception is easily to be understood from divers other Laws of God.

(i. e.) The benefit was the lenders, and not the borrowers, and therefore the former reason ceaseth, and whether the master were present or absent, he that receives the gain or hire shall bear the loss, except when it came through the borrowers gross and willful default.

16 And if a man entice a maid that is not betrothed , and lie with her, he shall surely endow her to be his wife.

By perswasions, promise of Marriage, allurements, or rewards.

But if she were betrothed, it was punished with death, Deut. 22. 23.

Marginal references: Deut. [illegible: 1 word]

17 If her father utterly refuse to give her unto him, he shall pay money according to the dowry of Virgins .

Which shews the necessity of Parents consent in Marriage.

(i. e.) In such proportion as the Virgins quality requires, for there was no certain and equal dowry appointed for all Women. See 1 Sam. 18. 25. Quest. Why is there no punishment for the Woman? Answ. 1. She had no distinct estate, being yet in her Fathers house. 2. The loss of her Virginity was a sufficient punishment, especially in Israel, where it was a great reproach and prejudice. 3. She was not so culpable as the man, both because she was of the weaker sex, and because she was drawn to the sin by the mans perswasion.

Marginal references: Heb. [illegible: 1 word]

18 Thou shalt not suffer a witch to live.

(i. e.) Any person that is in league with the Devil, and by his help either doth any mischief, or discover and practises things above the reach of other men or women▪ [illegible: 1+ letters]f which see Exod. 7. 11. Levit. 20. 27. Deut. 18. 10. 1 Sam. 28. 9. The word is of the feminine gender, partly because Women are most prone to these Devilish arts, and most frequently guilty of them; and partly to intimate that no pity should be shewed to such offenders, though they were of the weaker sex.

Marginal references: Lev. 19. [illegible: 1 word] 31.

20 He that sacrificeth unto any God save unto the LORD onely he shall be utterly destroyed .

Or otherwise worshippeth, as appears from Deut. 17. 2, 3, 4, 5. and many other places. One act of worship put for all by a very familiar Synecdoche.

Heb. anathematized, i. e. esteemed execrable, and as such destroyed without mercy. See Deut. 13. 15. &c. and 18. 20.

Marginal references: Deut. 13. [illegible: 1 word] 14, 15. 1 Mac. 2. [illegible: 1 word]

25 If thou lend money to any of my people that is poor by thee, thou shalt not be to him as an usurer, neither shalt thou lay upon him usury .

(i. e.) Any Israelite: for it was permitted to take usury of the Gentiles, Deut. 23. 20.

This seems to be added not by way of apposition, as if Gods people and the poor were all one, because such are commonly poor, but by way of restriction; for God had promised greatly to bless and enrich the generality of his people, if they by their wickedness did not hinder it, and that there should be few poor among them, yet some such there should be for the tryal and exercise of their charity. See Lev. 19. 10. Deut. 15. 4, 7, 11.

The Hebrew word signifies biting: so usury is called not by way of distinction as if moderate usury were allowed in this case, which is manifestly false, because the borrower is here supposed to be poor, to whom not the use onely, but oft-times even the principal, is to be remitted, Luk. 6. 34, 35. but by way of explication, because all usury is of a biting or eating nature, which commonly consumes the person that pays it.

Marginal references: Lev. 25. 37. Deut. 23. 19. Psal. 15. 5. Neh. 5. 7. Ezek. 18. 8, 17.

26 If thou at all take thy neighbours raiment to pledge, thou shalt deliver it unto him by that the Sun goeth down .

To wit, that is poor, as appears by comparing this with the next verse, where he is supposed to have but one garment, and with Deut. 24. 12, 13.

Because he speaks of such raiment or covering, wherein he used to sleep, ver. 27. But you are not to think that the creditour would every morning take and every night redeliver his pledge; and therefore this is rather a prohibition to take any such thing for a pledge as a man hath great and daily need of by this argument that if he did take it he could not keep it. Compare Deut. 24. 6.

Marginal references: Job 24. 3, 9. Prov. 20. 16. and 22. 27. Amos 2. 8.

28 Thou shalt not revile the gods , nor curse the ruler of thy people .

Not Gods falsly so called, as some would have it, as appears by 1 King. 18. 27. Ier. 10. 11. but Magistrates and governours, whether Civil or Ecclesiastical, as it is evident both from Act. 23. 3, 4, 5. and from the following words which explain the former, according to the common use of Scripture, and from the title of Gods commonly given to such, as Exod. 7. 1. Psal. 82. 6. Ioh. 10. 34, 35.

Compare Eccl. 10. 20. Iude ver. 8.

Marginal references: Or, judges.

29 Thou shalt not delay to offer the first of thy ripe fruits ; and of thy liquors: the first-born of thy sons shalt thou give unto me .

Beyond the times appointed, lest this delay grow to a total neglect. And delay may here be put for neglect, as that word is used, Deut. 7. 10. and 23. 21. Hab. 2. 3. which may seem to be favoured by the following clause, which commands the giving or offering of the first-born without any mention of the hastning or delaying of it.

Heb. thy fulness; and whereas this word is sometimes applied to seed or corn, as Numb. 18. 27. and sometimes to the vintage, as Deut. 22. 9. the circumstances must determine, as it doth in like cases, how it must be taken; which here seem to restrain it to dry fruits, as corn, &c. because it is opposed to liquors; and so all sorts of fruits are comprehended here. Unless you will make this an usual figure called Hendyadis, as judgment and justice, Deut. 16. 18. is put for judgment of Iustice, or just judgment, so here thy fulness and liquors, for the fulness of thy liquors; and so this may be one kind mentioned for all the rest, than which nothing more frequent.

Not in kind, but by a price of redemption to be paid to me in their stead.

Marginal references: Heb. thy fulness.; Heb. tear.; chap. 13. 2, 12. and 34. 19. Deut. 15. 19.

30 Likewise shalt thou do with thine oxen, and with thy sheep: seven days it shall be with his dam, on the eighth day thou shalt give it me.

(i. e.) Ye shall offer their first-born.

Not sooner, because it was till then tender and imperfect and therefore not fit to be offered to God: but it was not [illegible: 1+ letters]yed to that day, for it might be offered afterwards, as appears from Lev. 22. 27. eve[illegible: 1+ letters] till it was a year old.

31 And ye shall be holy men unto me: neither shall ye eat any flesh that is torn of Beasts in the field: ye shall cast it to the dogs.

(i. e.) Separated from all filthiness both moral and ceremonial.

Partly because the blood was not taken out of i[illegible: 1+ letters], partly because the clean beast was ceremonially defiled by the touch of the unclean, and partly to beget in them a detestation of cruelty, even in the beasts, and much more in men.