Bible Commentaries

The theft of an ox appears to have been regarded as a greater crime than the theft of a sheep, because it showed a stronger purpose in wickedness to take the larger and more powerful animal. It may have been on similar moral ground that the thief, when he had proved his persistency in crime by adding to his theft the slaughter, or sale, of the animal, was to restore four times its value in the case of a sheep (compare the marginal references), and five times its value in the case of an ox; but if the animal was still in his possession alive (see Exodus 22:4) he had to make only twofold restitution.

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.

Shall put in his beast, and shall feed - Rather, shall let his beast go loose, and it shall feed.

It would appear that if the master of the house would clear himself of imputation, the loss of the pledged article fell upon its owner.

All manner of trespass - He who was accused, and he who had lost the stolen property, were both to appear before the judges Exo 18:25-26.

This law appears to relate chiefly to herdsmen employed by the owners of cattle. When an animal was stolen Exodus 22:12, it was presumed either that the herdsman might have prevented it, or that he could find the thief and bring him to justice (see Exodus 22:4). When an animal was killed by a wild beast, the keeper had to produce the mangled carcass, not only in proof of the fact, but to show that he had, by his vigilance and courage, deprived the wild beast of its prey.

It came for his hire - The sum paid for hiring was regarded as covering the risk of accident.

See the marginal references.