"If a man steals an ox or a sheep, and kills it or sells it, he shall repay five oxen for an ox, and four sheep for a sheep. If a thief is found breaking in and is struck so that he dies, there shall be no bloodguilt for him, but if the sun has risen on him, there shall be bloodguilt for him. He shall surely pay. If he has nothing, then he shall be sold for his theft. If the stolen beast is found alive in his possession, whether it is an ox or a donkey or a sheep, he shall pay double. "If a man causes a field or vineyard to be grazed over, or lets his beast loose and it feeds in another man's field, he shall make restitution from the best in his own field and in his own vineyard. "If fire breaks out and catches in thorns so that the stacked grain or the standing grain or the field is consumed, he who started the fire shall make full restitution. "If a man gives to his neighbor money or goods to keep safe, and it is stolen from the man's house, then, if the thief is found, he shall pay double. If the thief is not found, the owner of the house shall come near to God to show whether or not he has put his hand to his neighbor's property. For every breach of trust, whether it is for an ox, for a donkey, for a sheep, for a cloak, or for any kind of lost thing, of which one says, 'This is it,' the case of both parties shall come before God. The one whom God condemns shall pay double to his neighbor. "If a man gives to his neighbor a donkey or an ox or a sheep or any beast to keep safe, and it dies or is injured or is driven away, without anyone seeing it, an oath by the LORD shall be between them both to see whether or not he has put his hand to his neighbor's property. The owner shall accept the oath, and he shall not make restitution. But if it is stolen from him, he shall make restitution to its owner. If it is torn by beasts, let him bring it as evidence. He shall not make restitution for what has been torn. "If a man borrows anything of his neighbor, and it is injured or dies, the owner not being with it, he shall make full restitution. If the owner was with it, he shall not make restitution; if it was hired, it came for its hiring fee.
Exodus 22:1-15
Further matters concerning the rights of property are dealt with in these verses, theft (1-4), damage done through trespassing on another's property (5, 6), the law of deposits (7-13) and legislation anent borrowing (14, 15). This is full of interest, and it is easy to see how practical the application is for our own day, in many directions. We are by no means dealing with a dead letter. Indeed, when one sees that the constant and undeviating emphasis and requirement throughout is restitution, it becomes clear that the Mosaic legislation is in advance of our own, for not even yet, in the early years of our enlightened twenty-first century, does our law provide for restitution. It is useful in this connection to remember that when a crime is committed, two distinct matters are involved. On the one hand, the law has been violated, and justice requires that its penalty be visited on the guilty party. On the other hand, however, an injury has also been done, to the person and property of the plaintiff, and it should surely be clear that in order for justice fully to be done, that injury must be repaired and restitution made. In fact, however, only the first of these two matters has usually been dealt with in law; the guilty criminal is put in jail, but his unfortunate victim may have no redress save by an action for damages in a civil court, expensive to conduct, and problematic in its outcome, or by means of an insurance cover, which also costs money. Either way, he stands to be out of pocket. Happily, legislation is now being instituted which will make restitution for injuries done to innocent people. But thus far back, Moses insisted upon such justice being done, and antedated by many centuries the tardy legislation of our own system.