Robert Jamieson, A. R. Fausset, David Brown’s Jamieson-Fausset-Brown Commentary (1871)

Exodus 22

Verses 1–4

1If a man shall steal an ox, or a sheep, and kill it, or sell it; he shall restore five oxen for an ox, and four sheep for a sheep.

2If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him.

3If the sun be risen upon him, there shall be blood shed for him; for he should make full restitution; if he have nothing, then he shall be sold for his theft.

4If the theft be certainly found in his hand alive, whether it be ox, or ass, or sheep; he shall restore double.

Ex 22:1-31. Laws concerning Theft. 1-4. If a man shall steal an ox, or a sheep--The law respects the theft of cattle which constituted the chief part of their property. The penalty for the theft of a sheep which was slain or sold, was fourfold; for an ox fivefold, because of its greater utility in labor; but, should the stolen animal have been recovered alive, a double compensation was all that was required, because it was presumable he (the thief) was not a practised adept in dishonesty. A robber breaking into a house at midnight might, in self-defense, be slain with impunity; but if he was slain after sunrise, it would be considered murder, for it was not thought likely an assault would then be made upon the lives of the occupants.

In every case where a thief could not make restitution, he was sold as a slave for the usual term.

Verse 6

6If fire break out, and catch in thorns, so that the stacks of corn, or the standing corn, or the field, be consumed therewith; he that kindled the fire shall surely make restitution.

6. If fire break out, and catch in thorns--This refers to the common practice in the East of setting fire to the dry grass before the fall of the autumnal rains, which prevents the ravages of vermin, and is considered a good preparation of the ground for the next crop. The very parched state of the herbage and the long droughts of summer, make the kindling of a fire an operation often dangerous, and always requiring caution from its liability to spread rapidly. stacks--or as it is rendered “shocks” (Jud 15:5; Job 5:26), means simply a bundle of loose sheaves.

Verses 26–27

26If thou at all take thy neighbour's raiment to pledge, thou shalt deliver it unto him by that the sun goeth down:

27For that is his covering only, it is his raiment for his skin: wherein shall he sleep? and it shall come to pass, when he crieth unto me, that I will hear; for I am gracious.

26-27. If thou at all take thy neighbour’s raiment to pledge, &c.--From the nature of the case, this is the description of a poor man. No Orientals undress, but, merely throwing off their turbans and some of their heavy outer garments, they sleep in the clothes which they wear during the day. The bed of the poor is usually nothing else than a mat; and, in winter, they cover themselves with a cloak--a practice which forms the ground or reason of the humane and merciful law respecting the pawned coat.

Verse 28

28Thou shalt not revile the gods, nor curse the ruler of thy people.

28. gods--a word which is several times in this chapter rendered “judges” or magistrates. the ruler of thy people--and the chief magistrate who was also the high priest, at least in the time of Paul (Ac 23:1-5).