Go to Related Reading
About this book

Exodus

About this book
Chapter 22

1 (21:37) “If a man steals an ox or a sheep and kills it or sells it, he must pay back five head of cattle for the ox, and four sheep for the one sheep.⁠ 2 “If a thief is caught breaking in⁠ and is struck so that he dies, there will be no blood guilt for him. 3 If the sun has risen on him,⁠ then there is blood guilt for him. A thief must surely make full restitution; if he has nothing, then he will be sold for his theft. 4 If the stolen item should in fact be found alive in his possession, whether it be an ox or a donkey or a sheep, he must pay back double. 5 “If a man grazes his livestock in a field or a vineyard and he lets the livestock loose and they graze in the field of another man, he must make restitution from the best of his own field and the best of his own vineyard.⁠ 6 “If a fire breaks out and spreads to thorn bushes, so that stacked grain or standing grain or the whole field is consumed, the one who started the fire must surely make restitution. 7 “If a man gives his neighbor money or articles for safekeeping and it is stolen from the man’s house, if the thief is caught, he must repay double.⁠ 8 If the thief is not caught, then the owner of the house will be brought before the judges to see whether he has laid his hand on his neighbor’s goods. 9 In all cases of illegal possessions, whether for an ox, a donkey, a sheep, a garment, or any kind of lost item, about which someone says ‘This belongs to me,’ the matter of the two of them will come before the judges, and the one whom the judges declare guilty must repay double to his neighbor. 10 If a man gives his neighbor a donkey or an ox or a sheep or any beast to keep, and it dies or is injured or is carried away without anyone seeing it, 11 then there will be an oath to the Lord between the two of them, that he has not laid his hand on his neighbor’s goods, and its owner will accept this, and he will not have to pay.⁠ 12 But if it was stolen from him, he will pay its owner. 13 If it is torn in pieces, then he will bring it for evidence, and he will not have to pay for what was torn. 14 “If a man borrows an animal from his neighbor and it is hurt or dies when its owner was not with it, the man who borrowed it will surely pay.⁠ 15 If its owner was with it, he will not have to pay; if it was hired, what was paid for the hire covers it. 16 “If a man seduces a virgin who is not engaged and goes to bed with her, he must surely pay the marriage price for her to be his wife. 17 If her father refuses to give her to him, he must pay money for the bride price of virgins. 18 “You must not allow a sorceress to live. 19 “Whoever has sexual relations with a beast must surely be put to death. 20 “Whoever sacrifices to a god other than the Lord alone must be utterly destroyed. 21 “You must not wrong a resident foreigner nor oppress him, for you were foreigners in the land of Egypt.⁠ 22 “You must not afflict any widow or orphan.⁠ 23 If you afflict them in any way and they cry to me, I will surely hear their cry, 24 and my anger will burn and I will kill you with the sword, and your wives will be widows and your children will be fatherless. 25 “If you lend money to any of my people who are needy among you, do not be like a moneylender to him; do not charge him interest.⁠ 26 If you do take the garment of your neighbor in pledge, you must return it to him by the time the sun goes down,⁠ 27 for it is his only covering—it is his garment for his body. What else can he sleep in? And when he cries out to me, I will hear, for I am gracious. 28 “You must not blaspheme God⁠ or curse the ruler of your people.⁠ 29 “Do not hold back offerings from your granaries or your vats. You must give me the firstborn of your sons.⁠ 30 You must also do this for your oxen and for your sheep; seven days they may remain with their mothers, but give them to me on the eighth day. 31 “You will be holy people to me; you must not eat any meat torn by animals in the field. You must throw it to the dogs.⁠

Texts in conversation

Compare Code of Hammurabi §265 and Exodus 22:1

Ancient Near East, Babylonian · Hebrew Bible

Share:

Summary

Exodus 22 shares the distinction between livestock theft and accidental loss found in the Code of Hammurabi, requiring thieves to pay more than the animal's value rather than treating theft as an ordinary loss to its owner.

Passages

Code of Hammurabi §265

Ancient Near East, Babylonian · Babylonian Legal Text
264 If a herdsman who has been entrusted with cattle or sheep to tend, and who has received his agreed wages and is satisfied, lets the number of cattle or sheep decrease or lessens the rate of increase by birth, he shall make good the increase or profit lost, according to the terms of his agreement. 265 If a herdsman entrusted with the care of cattle or sheep acts fraudulently, falsifies the natural increase, or sells the animals for money, he shall be convicted and shall repay the owner ten times his loss. 266 If an act of a god occurs in the stable and an animal dies, or a lion kills it, the herdsman shall declare his innocence before the god, and the owner bears the loss in the stable.
1750 BCE (scholarly estimate) Read in the Code of Hammurabi

Exodus 22:1

Hebrew Bible
1 (21:37) “If a man steals an ox or a sheep and kills it or sells it, he must pay back five head of cattle for the ox, and four sheep for the one sheep. 2 “If a thief is caught breaking in and is struck so that he dies, there will be no blood guilt for him. 3 If the sun has risen on him, then there is blood guilt for him. A thief must surely make full restitution; if he has nothing, then he will be sold for his theft. 4 If the stolen item should in fact be found alive in his possession, whether it be an ox or a donkey or a sheep, he must pay back double.
750–400 BCE (scholarly estimate) Read in Exodus

References

“... In addition to the evidence about sequence, many of the individual laws in CC and LH, in or outside the common sequence, agree in their internal details. Note, for example, that the debt-slavery laws describe work for X years with release in year X + 1 (21:2 // LH 117); the laws on slave-master relations have a slave declaring his relationship to his master with subsequent marking or marring of his ear to reflect his submission or rebellion (21:5–6 // LH 282); the laws about marrying a second wife describe it as “taking another” and require one to provide for the support of the first in three ways (by implication if not explicitly; 21:10–11 // LH 148–149); the child rebellion laws describe both verbal and physical attacks (21:15, 17 // LH 192–193, 195); the laws about striking a person set the injury in the context of a fight and require the injurer to care for the victim’s recovery (21:18–19 // LH 206); the miscarriage laws treat two cases, causing a miscarriage alone and then death to the woman (21:22–23 // LH 209–210); talion laws mention eye, tooth, and bone injuries and deal with such injuries to slaves (21:24–27 // LH 196–201); the goring ox laws consider ad hoc goring first, then habitual goring, then the goring of a slave (21:28–32 // LH 250–251); animal theft laws mention finding a stolen object in the thief’s possession, an inability to pay the penalty, and twofold or more restoration (21:37 + 22:2b–3 // LH 253–265); grazing laws presumably deal with two cases, causing animals to graze and releasing animals in a field (22:4 // LH 57–58); deposit laws require double compensation and declarations before the deity (22:6–8 // LH 120; cf. 126); and the animal death and injury laws speak, in order, about how the animal died, a declaration of innocence, and the owner’s acceptance of the loss (22:9–10 // LH 266). ...”
David P. Wright, Inventing God’s Law: How the Covenant Code of the Bible Used and Revised the Laws of Hammurabi (New York: Oxford University Press, 2009), 50.

References are not endorsements of their contents. Read each reference in full to understand its author's intentions in using these texts.

Your feedback

Code of Hammurabi §265 and Exodus 22:1

Leave a comment

Your questions and comments are welcome!

Comments

Glossary

Search the Library