Thou shalt not steal....Thou shalt not covet thy neighbour’s house, thou shalt not covet thy neighbour’s wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbour’s.(Ex 20:15-16)
We resume our study of the Law this week by looking at property rights. As we have said earlier, the Mosaic Law expands upon and offers additional detail around the 10 commandments which are core and fundamental principles rooted in the very nature of God Himself. Property rights are therefore viewed as an extension of commandments 8 and 10 (our opening texts). They say what you shall not do, but what if you did? The Law provides guidelines and penalties and they are v interesting indeed.
They are found in Exo 22:1-15, and can be organized into the following categories:
1. Theft by an external party
"If 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." (Exo 22:1) "If the theft be certainly found in his hand alive, whether it be ox, or ass, or sheep; he
shall restore double". (Ex 22:4)
What an interesting principle! An ox or a sheep was a valuable commodity (an Ox more than a sheep because it could be used for ploughing) in an agriculture based economy. Killing or selling it rendered it impossible to give back the original animal to its rightful owner (as the one who purchased it could have done so in good faith). As recompense therefore, the thief would have to restore 5 or 4 times what he had stolen to recompense the owner for the theft and the loss of his beloved animal. If it was possible to return the original animal, the thief had to restore double ( 2 additional ) oxen for what he had stolen.
An example application today would be if someone stole your laptop which had all your stuff on it. Just getting back 5 laptops for it, wouldn't be adequate compensation for the all the pain you have to go through to get things back as they were on your machine which was sold or destroyed... but if you got your laptop back, the thief would have to compensate you with two more - and all your stuff would still be in place.
"if he have nothing, then he shall be sold for his theft" (Ex 22:3b) The thief could not get away with filing Chapter 13 (declaring bankruptcy). He would be liable for restitution even it meant being sold to pay for it. In Matthew 18:21 we see our Lord declaring in the parable of the debtor who could not pay his debts, that the king decreed that him, his wife, children and all that he had be sold to pay for it. This is the Law. You can not evade your debts, but are personally liable to pay them!
In addition to the risk of being sold or rendering 2 times what he stole, a thief had another risk he ran. If he stole at night, the owner of the house was justified in killing him - either out of self defence or assuming he was a murderer. "If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him.If the sun be risen upon him, there shall be blood shed for him;.." (Ex 22:2-3) Clearly, if he was stealing in the daytime, the owner could either call for help, or know that he was not a murderer, or defend himself in a manner so as not to kill him - all of which are difficult to do at night.
Stealing is definitely forbidden in the 10 commandments, and the penalties in the Law for it are severe! Thieves had to steal by day if they wanted their lives to be secure, and ran the risk of being sold into slavery if they were
caught!
2. Theft of poperty entrusted to some one else:-
"If a man shall deliver unto his neighbour money or stuff to keep, and it be stolen out of the man’s house; if the thief be found, let him pay double. If the thief be not found, then the master of the house shall be brought unto the judges, to see whether he have put his hand unto his neighbour’s goods. For all manner of trespass, whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing, which another challengeth to be his, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double unto his neighbour." (Ex 22:7-9)
If the thief was found, he would pay double as would be normal. If the thief was not found, the person to whom it was entrusted was responsible to satisfy the judges that he had not stolen it, or enabled it to be stolen. If the judges found him guilty, he would be liable for the restitution - as he had taken on the responsibility of safekeeping.
"If a man deliver unto his neighbour an ass, or an ox, or a sheep, or any beast, to keep; and it die, or be hurt, or driven away, no man seeing it: Then shall an oath of the LORD be between them both, that he hath not put his hand unto his neighbour’s goods; and the owner of it shall accept thereof, and he shall not make it good. And if it be stolen from him, he shall make restitution unto the owner thereof. If it be torn in pieces, then let him bring it for witness, and he shall not make good that which was torn." (Ex 22:10-13)
This Law protects the safekeeper to the extent that he can absolve himself of injury or loss of the animal (as happens in the normal course of events) by swearing an oath (if he swore falsely, there was a death penalty!) that he had not touched the animal. If however, he had permitted it to be stolen - he still had to make restitution because he had taken it on for safekeeping! If the animal was torn (destroyed by other wild animals etc.) then he was not responsible for their acts.
The last law in this category deals with the situation of a person working with his animal in the hire of some one else.
"And if a man borrow ought of his neighbour, and it be hurt, or die, the owner thereof being not with it, he shall surely make it good. But if the owner thereof be with it, he shall not make it good: if it be an hired thing, it came for his hire. (Ex 22:14-15). Here we see someone hiring/borrowing an animal (without its owner) or hiring/borrowing an animal (with its owner) and the animal suffering damage. If the owner was with the animal, it is logical to assume that he was responsible for its well being, and hence the hirer is absolved of any responsibility therein. If the owner was not with the animal, then the one hiring/borrowing is responsible.
3. Damage to someone elses property:-
"If a man shall cause a field or vineyard to be eaten, and shall put in his beast, and shall feed in another man’s field; of the best of his own field, and of the best of his own vineyard, shall he make restitution. If 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." (Ex 22:5-6) Here we see that damage to someone elses property requires one to make restitution with the BEST of ones own property! It is immaterial whether the agent is an animal or fire, and whether what is destroyed is of x value or not. The restitution has to be from the best.
Lastly, "The thief cometh not, but for to steal, and to kill, and to destroy: I am come that they might have life, and that they might have it more abundantly".
(Jn 10:10).