Commentary - Exodus 22:5

Bird's-eye view

This verse is a straightforward piece of case law that reveals a profound principle of biblical justice: restorative righteousness. It deals with a common agrarian scenario where one man's negligence leads to another man's loss. The core issue is a failure of stewardship over one's property, specifically an animal, resulting in damage to a neighbor's property, his field or vineyard. The prescribed remedy is not punitive in the modern sense of fines paid to the state or time served in a cage. Rather, it is restitution paid directly to the victim. And the standard for this restitution is remarkably high; the offender must repay from the very best of his own produce. This law, in its simple wisdom, protects private property, enforces personal responsibility, and ensures that the victim is made more than whole, thereby promoting peace and discouraging future carelessness within the community.

In this one verse, we see the foundation of a just and free society. It is a world away from the labyrinthine and impersonal legal systems of the modern world. God's law is concerned with making things right between neighbors. The principle is clear: if your liberty, in this case, the liberty of your ox, infringes upon and damages your neighbor's livelihood, you are responsible for making it right, and doing so generously. This is practical holiness, the application of love for neighbor in the realm of economics and property.

Outline

Context In Exodus

Exodus 22:5 is situated squarely within the section of Exodus commonly called the Book of the Covenant (Exodus 20:22-23:33). This section immediately follows the giving of the Ten Commandments at Mount Sinai and serves as the detailed application of those foundational laws to the civil and religious life of Israel. These are not arbitrary regulations; they are case laws that flesh out what it means to love God and love your neighbor in a real-world community. Specifically, this verse falls within a series of laws dealing with property and restitution (Exodus 21:28-22:15). These laws cover everything from goring oxen to theft to property damage. The law concerning grazing animals fits naturally here, illustrating the principle of the eighth commandment, "You shall not steal." Stealing is not just taking what isn't yours; it is also diminishing the value of your neighbor's property through negligence.

Key Issues

Restitution From the Best

One of the glories of biblical law is its practicality. It is not a collection of abstract philosophical ideals; it is a blueprint for a functioning, righteous society. And at the heart of its civil code is the principle of restitution. When a wrong is committed, the first order of business is not to punish the offender in a vacuum, but to restore the victim. The goal is to make the wronged party whole again. This is a radically different approach than that of modern secular justice, which is primarily punitive and retributive. We fine offenders, and the money goes to the state. We incarcerate offenders, and the victim is left to deal with his loss on his own. The Bible insists that the one who caused the damage is the one who must repair the damage.

But this verse adds a crucial layer to the principle. The restitution is not to be merely equivalent; it must be made from the best of the offender's own field and vineyard. This is a brilliant stroke of divine wisdom. It ensures justice is not only done, but is seen to be done, and done generously. It removes any and all incentive for the offender to try and game the system. You cannot let your mangy goat eat your neighbor's prize-winning grapes and then repay him with a handful of withered fruit from your own sad vine. No, you must pay him back from your very best. This honors the victim, covers all his potential losses, and serves as a powerful deterrent against future carelessness. It is a justice that not only restores, but also enriches and teaches.

Verse by Verse Commentary

5 “If a man lets a field or vineyard be grazed bare and lets his animal loose so that it grazes in another man’s field...

The scenario begins with an act of negligence. The Hebrew implies a deliberate letting loose, a failure to properly tend to one's own affairs and property. This is not a wild animal, nor is it an animal that has broken through a well-maintained fence despite the owner's best efforts. This is a case of carelessness. The man has not properly governed his own domain. A fundamental principle of biblical stewardship is that a man is responsible for that which is under his authority, and this includes his livestock. His responsibility for his ox does not end at his property line. The sin here is a failure to love his neighbor as himself, expressed through a lazy disregard for his neighbor's property. He has allowed his beast to consume, to destroy the fruit of another man's labor. This is a form of theft by proxy. He did not go into the field himself, but his negligence unleashed a destructive force upon it, and for that, he is fully culpable.

...he shall make restitution from the best of his own field and the best of his own vineyard.

Here is the remedy, and it is beautiful in its simplicity and righteousness. The man who was careless must pay. The payment is not a fine to a government bureaucracy; it is restitution made directly to the man who was harmed. The legal relationship is between the two parties involved, not between the offender and an abstract state. This keeps justice personal and tangible. And the standard is high. He must pay from the "best" that he has. This means the victim is not just compensated for his average loss; he is compensated in a way that covers his best-case-scenario loss. If the field that was eaten was going to produce a bumper crop, the payment must reflect that. This principle prevents endless litigation about the precise value of the lost crop. The standard is set high to ensure the victim is fully restored and the offender feels the sting of his negligence. It makes a man think twice before he leaves his gate unlatched. It is a law that builds a culture of conscientiousness and mutual respect among neighbors.

Application

While we may not be dealing with stray cattle in vineyards, the principle of Exodus 22:5 is timeless. We are responsible for the consequences of our actions, and particularly our negligence. If our dog digs up a neighbor's flower bed, if our careless words damage someone's reputation, if our shoddy business practices cause a client to lose money, we are responsible to make it right. And the biblical standard is not to do the bare minimum, to restore things grudgingly. The standard is to restore from the best. It means a cheerful, generous, and swift apology. It means not just replacing the flowers, but buying better ones and planting them yourself. It means going above and beyond to ensure the one we have wronged is fully restored.

Ultimately, this points us to the gospel. We are the ones who, through our sin, have been utterly negligent. We have trespassed against God and our neighbor, causing untold damage. We owe a debt of restitution that we could never hope to pay. We have no "best of our field" to offer that could possibly satisfy the demands of divine justice. But Jesus Christ, the Son of God, entered into our predicament. He is the "best" of heaven, the Father's prize and delight. And on the cross, He made full restitution for us. He did not just repair the damage we caused; He paid our infinite debt with His infinite righteousness. He gives us the best of His vineyard, clothing us in His own perfect obedience. Having been recipients of such extravagant, restorative grace, how can we do anything less than extend a generous, restorative justice to those we have wronged?