Property Laws

The laws begin with theft, requiring heavy repayment for stolen livestock and distinguishing between a nocturnal break-in and a killing in daylight. Restitution remains the governing principle, whether through repayment, servitude, or double return when the animal is recovered alive.

“¹If a man steals an ox or a sheep and slaughters or sells it, he must repay five oxen for an ox and four sheep for a sheep. ²If a thief is caught breaking in and is beaten to death, no one shall be guilty of bloodshed. ³But if it happens after sunrise, there is guilt for his bloodshed. ⁴A thief must make full restitution; if he has nothing, he himself shall be sold for his theft. If what was stolen is actually found alive in his possession— whether ox or donkey or sheep— he must pay back double.

The focus shifts from direct theft to damage caused by negligence, whether through wandering livestock or a spreading fire. The one who causes the loss must restore what was consumed from his own goods.

⁵If a man grazes his livestock in a field or vineyard and allows them to stray so that they graze in someone else’s field, he must make restitution from the best of his own field or vineyard. ⁶If a fire breaks out and spreads to thornbushes so that it consumes stacked or standing grain, or the whole field, the one who started the fire must make full restitution.

When money, goods, or lost property become the subject of dispute, the case moves before judges if the thief is absent or ownership is contested. The guilty party must repay double.

⁷If a man gives his neighbor money or goods for safekeeping and they are stolen from the neighbor’s house, the thief, if caught, must pay back double. ⁸If the thief is not found, the owner of the house must appear before the judges to determine whether he has taken his neighbor’s property. ⁹In all cases of illegal possession of an ox, a donkey, a sheep, a garment, or any lost item that someone claims, ‘This is mine,’ both parties shall bring their cases before the judges. The one whom the judges find guilty must pay back double to his neighbor.

For animals entrusted to a neighbor, the law distinguishes between secret theft and losses that can be attested by oath or evidence. Restitution is required for what was stolen, but not for losses honestly suffered in the course of care.

¹⁰If a man gives a donkey, an ox, a sheep, or any other animal to be cared for by his neighbor, but it dies or is injured or stolen while no one is watching, ¹¹an oath before the LORD shall be made between the parties to determine whether or not the man has taken his neighbor’s property. The owner must accept the oath and require no restitution. ¹²But if the animal was actually stolen from the neighbor, he must make restitution to the owner. ¹³If the animal was torn to pieces, he shall bring it as evidence; he need not make restitution for the torn carcass.

Borrowed animals require full restitution if they die or are injured while the owner is absent. But the owner's presence, or a rental payment, changes the obligation because the risk has already been shared.

¹⁴If a man borrows an animal from his neighbor and it is injured or dies while its owner is not present, he must make full restitution. ¹⁵If the owner was present, no restitution is required. If the animal was rented, the fee covers the loss.