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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 §21 and Exodus 22:2

Ancient Near East, Babylonian · Hebrew Bible

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Summary

The Code of Hammurabi orders a burglar to be put to death. Exodus 22 describes similar case law for burglary, but asks whether a person who kills a burglar is guilty, with different rules for night and day.

Passages

Code of Hammurabi §21

Ancient Near East, Babylonian · Babylonian Legal Text
19 If he keeps the slaves in his house and they are caught there, he shall be put to death. 20 If the slave he caught runs away from him, he shall swear an oath to the slave's owners, and he is free of all blame. 21 If anyone breaks a hole into a house to break in and steal, he shall be put to death in front of that hole and be buried there. 22 If anyone is caught committing a robbery, he shall be put to death. 23 If the robber is not caught, the one who was robbed shall declare under oath the amount of his loss; then the city and the governor in whose territory and district the robbery took place shall compensate him for the stolen goods.
1750 BCE (scholarly estimate) Read in the Code of Hammurabi

Exodus 22:2

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

“... CC’s law corresponds with LH 21 in describing the burglary as an act of digging through or boring; its noun [...] corresponds with the Akkadian verb palāšum “to dig” and noun pilšum “digging through, tunneling.” In contrast to LH 21, LE 13 does not mention tunneling. [...] Both CC and LH 21 also present the killing of the burglar as the primary case, as opposed to LE 13, where the killing appears in the second law in the series. [...] The primary contrasts in CC’s law are its mention of “blood,” referring to bloodguilt or blood vengeance, and putting the death of the burglar in the protasis. LH 21 and LE 13 place his death—an on-the-spot execution—in the apodosis. In CC, the death is a condition that leads to a judgment about whether there is bloodguilt or vengeance. Therefore, CC’s law is less about burglary and more about homicide. It thus augments the theme of the laws in 21:12–32. ...”
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), 259.

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

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Code of Hammurabi §21 and Exodus 22:2

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