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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 §120 and Exodus 22:6

Ancient Near East, Babylonian · Hebrew Bible

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Summary

Exodus 22 follows an established legal tradition from the Code of Hammurabi. Both describe everyday cases where property is left in someone else’s care, disputes arise over loss or denial, oaths are required, and repayment is enforced.

Passages

Code of Hammurabi §120

Ancient Near East, Babylonian · Babylonian Legal Text
119 If anyone fails to pay a debt and sells for money a slave woman who has borne him children, the slave's owner shall repay the money the merchant paid, and she shall be freed. 120 If anyone stores grain for safekeeping in another person's house, and harm comes to the grain in storage, or the owner of the house opens the granary and takes some of the grain, or he denies altogether that the grain was stored in his house: the owner of the grain shall declare his grain under oath before the god, and the owner of the house shall repay him for all the grain he took. 121 If anyone stores grain in another man's house, he shall pay storage of one gur for every five ka of grain per year. 122 If anyone gives another silver, gold, or anything else for safekeeping, he shall show everything to a witness, draw up a contract, and then hand it over for safekeeping. 123 If he hands it over without witnesses or a contract, and the keeper denies receiving it, he has no legal claim. 124 If anyone gives silver, gold, or anything else to another for safekeeping before a witness, and the keeper denies it, he shall be brought before a judge, and he shall repay in full everything he denied.
1750 BCE (scholarly estimate) Read in the Code of Hammurabi

Exodus 22:6

Hebrew Bible
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.
750–400 BCE (scholarly estimate) Read in Exodus

References

"... The deposit laws of Exodus 22:6–8 correspond thematically to LH 264–266 of the sequential template of Hammurabi’s laws ... LH 264–265 and 120–126 have more in common that just the idiom of custodianship, noted previously. The shepherd is phenomenologically like the house owner who guards another person’s property. Both sets of laws also speak about the shepherd’s or custodian’s misappropriation of or malfeasance toward the property. Both sets require multifold payment (LH 265 and 120, 124). And both sets use the verb nakārum to describe a context of deceit (LH 265 D-stem “to alter”; LH 120 and 124 G-stem “to deny”). One can also add the declaration “before the god”, found in LH 266, which follows LH 264–265, and the declarations “before the god” required in LH 120 and 126. LH 266 presumes a type of animal bailment like LH 264–265. Such declarations are fitting in cases where there is a dispute about the theft of property of whatever type. The similarities between CC’s and Hammurabi’s deposit laws are clear ..."
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), 243–245.

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 §120 and Exodus 22:6

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