The Law is Just (Pt. 6): Exodus 22:1-15 - The Restoration of Property

As we begin chapter 22, we find that God provides more laws as it pertains to property. This is where the "general equity" of the Law truly stands out as a strong example and basis for common law. I can't think of any statement in the following passage that one could object to, once it is correctly understood. In fact, I think one can argue that our current justice system would be greatly improved if we stood under the wisdom of this passage. How so? Moses writes:

“If a man steals an ox or a sheep, and slaughters it or sells it, he shall restore five oxen for an ox and four sheep for a sheep. If the thief is found breaking in, and he is struck so that he dies, there shall be no guilt for his bloodshed. If the sun has risen on him, there shall be guilt for his bloodshed. He should make full restitution; if he has nothing, then he shall be sold for his theft. If the theft is certainly found alive in his hand, whether it is an ox or donkey or sheep, he shall restore double.

“If a man causes a field or vineyard to be grazed, and lets loose his animal, and it feeds in another man’s field, he shall make restitution from the best of his own field and the best of his own vineyard.

“If fire breaks out and catches in thorns, so that stacked grain, standing grain, or the field is consumed, he who kindled the fire shall surely make restitution.

“If a man delivers to his neighbor money or articles to keep, and it is stolen out of the man’s house, if the thief is found, he shall pay double. If the thief is not found, then the master of the house shall be brought to the judges to see whether he has put his hand into his neighbor’s goods.

“For any kind of trespass, whether it concerns an ox, a donkey, a sheep, or clothing, or for any kind of lost thing which another claims to be his, the cause of both parties shall come before the judges; and whomever the judges condemn shall pay double to his neighbor. If a man delivers to his neighbor a donkey, an ox, a sheep, or any animal to keep, and it dies, is hurt, or driven away, no one seeing it, then an oath of the Lord shall be between them both, that he has not put his hand into his neighbor’s goods; and the owner of it shall accept that, and he shall not make it good. But if, in fact, it is stolen from him, he shall make restitution to the owner of it. If it is torn to pieces by a beast, then he shall bring it as evidence, and he shall not make good what was torn.

“And if a man borrows anything from his neighbor, and it becomes injured or dies, the owner of it not being with it, he shall surely make it good. If its owner was with it, he shall not make it good; if it was hired, it came for its hire.

The general "gist" of this passage is that thieves are to punished by being forced to make restitution, paying back at least a double portion. As verse 1 says, if he steals in order to make a profit, the thief is to pay four or five times the amount that the animal was worth. If the guilty party is unable to pay, then he was to be sold into slavery, where an arrangement would be made, such that the injured party was repaid through his labors. There is NOTHING in this text about locking the thief up, or mutilating his body, such as is common place in Middle Eastern nations. Even slavery is a last resort, to be enforced only when the individual is unable to pay. Because property was stolen, it is property that must be restored. That is the principle of justice when it comes to property. To deter criminals, the punishment is not only to make restitution, but at least a double restitution (which also grants peace of mind to the affected party). However, in this case the criminal's life is not to be "dissolved" with either death, mutilation, or the purgatory of being "locked up." He is still respected as an image bearer of God with certain rights. In fact, verse 3 limits the term in which a "self-defense" killing can be argued for taking the life of a thief. If the thief is still alive the next day (most theft would happen at night, like today), and presumably off one's property, then one had no right to take his life. How much of the current disdain for our "justice" system could be eliminated if we would listen to the wisdom here? Many libertarians, liberals, and even some conservatives, have expressed disgust at the amount of people who are currently locked up for non-violent offenses, to the detriment of the tax-payer. Indeed, Scripture tells us that murderers and sex-criminals are to be punished with death, but all others are to charged with repayment and/or slavery. In fact, even our 13th amendment still says that slavery is appropriate for criminals. But nowhere does Scripture recommend locking someone up for years on end, where they essentially sit around with other criminals all day, while not engaging in the cultural mandate. Nor does the Bible have a concept of one owing a "debt" to society. That concept, in-and-of-itself is almost socialistic, as it views one's responsibility as being to "the collective" and not to God and one's neighbor. Thieves owe a debt to the one whom they have stolen from, and the God who created both of them. In our day of cheap labor and the ability to electronically "dock pay," this is completely reasonable, and courts could order it. It would save the tax payers a lot of money too...

The rest of the text deals with hypotheticals where property is lost, but not due to theft. In the case of an animal that is torn apart by a beast, the accused party is given the option to bring evidence to plead his case. It appears that restitution as it applies to accidental damage is on a 1 to 1 basis, and not the double restitution commanded with theft. In the case of someone who buys stolen goods, verses 7 and 8 order a judge to be brought in to deliberate whether or not it was out of ignorance or intentional.

Again, the Law is perfectly Just.