22:1 slaughters it or sells it Selling or slaughtering the animal is proof that the theft was not impulsive; it was committed with the intent of financial gain. As a result, the compensation is well beyond the value of the item taken.

22:2 there is not bloodguilt Presumes a crime at night in contrast to v. 3, which specifies that the sun has risen. Since the resident would not know the thief’s intentions, killing the thief constitutes an act of self-defense. The resident is therefore not guilty of taking the man’s life.

22:3 bloodguilt If the homeowner kills the thief in daylight, he can be held liable for the thief’s life. Human life is valued more than property.

he will be sold The principle of restitution is now in effect: The thief must pay the victim the predetermined amount or be sold as a slave (see 21:2).

22:4 he will make double restitution While this could mean the thief had to give two animals in restitution in addition to returning the stolen animal, the parallel in Gen 43:12 suggests the sense is two animals in total.

22:5 his vineyard The punishment is compensation for the victim’s financial loss. The loss was caused by negligence—the offender’s failure to control his livestock.

22:6 the one who started the fire Requires an equal compensation. Whether the cause was accidental or arson, the compensation is the same.

22:8 will be brought to the sanctuary If the thief is not found, the victim might assume that the person he entrusted is guilty. He then might be tempted to take the property of the one he assumes is guilty of the initial robbery. The Hebrew text here seems to suggest that in this breach of trust, both parties must submit to God’s justice by appearing before him or his representatives (v. 9). Some translations understand the Hebrew word ha'elohim, used here, to refer to judges, but there is no evidence that elohim (literally rendered as “God” or “gods”) itself ever means judges or even refers to human agents. At best, the meaning of judges can be inferred in the sense that they would function as earthly representatives of divine justice. See note on 21:6.

22:9 whomever God declares guilty In the Hebrew text, the subject of this phrase is elohim (see v. 8 and note). The noun elohim is grammatically plural and the verb used here is also plural. However, the plural is used elsewhere in passages where the subject is clearly the God of Israel (e.g., Gen 20:13; 31:53; 35:7; 2 Sam 7:23; Psa 58:11).

22:11 the oath of Yahweh The Hebrew phrase shevu’ath yhwh (“oath of Yahweh”) means an oath invoking Yahweh as witness. The same phrase occurs in 2 Sam 21:7 (referring to 1 Sam 20:42) and 1 Kgs 2:43 (referring back to 1 Kgs 2:42) where the context is clearly an oath on the name of Yahweh.

22:13 indeed it was torn to pieces That is, wild predatory beasts, such as lions, which roamed the Levant until recent times (compare Judg 14:5–6; 1 Sam 17:34–37).

the mangled carcass If the animal was killed in a circumstance beyond the control of the accused, no restitution is required. Livestock scenarios are complicated, since the persons involved often are not present with the animals (compare Amos 3:12).

22:14 he will make restitution Negligence makes the person liable for restitution.

22:15 hiring fee The Hebrew word used here, sakhar, is related to the term sakhir, meaning “hired.” Though the noun sakhir usually refers to a hired person elsewhere, here it refers to the animal of the preceding verses. The lost animal was likely part of the hire, so no restitution is necessary.

22:16 a man seduces a virgin Refers to seduction, not rape (for the latter, see Deut 22:25–27).

he surely will give her bride price Refers to a sum of money paid to the bride’s father to cover the loss since he is unable to offer her to other suitors. Occasionally, the bride-price was paid by acts of service (Gen 29:15–20, 27–28; 1 Sam 17:25; 18:20–27; 2 Sam 3:14; Josh 15:16–17; Judg 1:12–13).

22:18 a witch The crime of sorcery is also referred to in the list of forbidden divination practices in Deut 18:9–14.

Old Testament Theology and Divination

22:19 Anyone lying with an animal Refers to bestiality, which also is condemned in Lev 18:23; 20:15–16. In those passages, it is listed among the abominable practices of the residents of Canaan. This crime receives the death penalty. Its placement between laws concerning divination and sacrificing to another god may suggest a connection with the religious practices of neighboring communities.

22:20 the gods—not This highlights the polytheistic nature of the historical and religious context out of which Israel emerged. The law does not deny the existence of other gods; it does, however, assert that Yahweh is the only god that Israel is to worship. The worship of one particular god, without denying the existence of others, is called monolatry.

will be destroyed Violation of the first commandment receives the most severe penalty. The Hebrew verb used here, charam, refers to the act of setting someone or something apart as the sacred and exclusive property of a deity. This act frequently entails the destruction of the person or thing devoted to the deity. Destruction ensured the exclusive dedication to Yahweh. See note on Josh 6:17.

Justice

22:21 you were aliens The memory of 400 years of slavery is often the given rationale for obeying the word of Yahweh (e.g., 20:2; Deut 5:15). Israel is not to oppress, because it too was oppressed. The memory of bondage in Egypt continues to play an active role in Jewish tradition, especially in the celebration of Passover (Exod 12–13).

22:22–24

These verses echo the story of the exodus out of Egypt and the punishment of Pharaoh’s armies. When the cries of the oppressed reached God’s ears, He acted, and began a series of events that led to the suffering of Egypt (2:23–25; 3:7–8; 7:14–15:21). The same fate is promised to those who oppress the most vulnerable in society—the fatherless and the widow.

22:24 I will kill you with the sword Imagery of God killing with the sword usually refers to His use of an invading army (e.g., Jer 5:14–19; 9:16), though sometimes the punishment originates within the community itself (e.g., Exod 32:27–29). In either case, the entire community is punished, not just the offenders.

22:25 you will not be to him as a creditor Several passages in the ot govern moneylending. This prohibition does not indicate that lending is forbidden; rather it likely forbids oppressive practices like harassment or intimidation associated with attempts to collect the debt (2 Kgs 4:1). The following verses provide an example of how lending should be done compassionately (Exod 22:26–27).

you will not charge him interest The Hebrew term used here, neshekh—derived from the word nashakh, meaning “to bite”—is the common term for requiring interest payments when money is loaned (see Deut 23:20; Psa 15:5). The law prohibits charging interest to a fellow Israelite who is poor (compare Lev 25:35–38; Deut 23:20–21; 24:10–13). This is gracious in comparison with other ancient Near Eastern law codes in which interest on agricultural goods begins at an average of 25%.

22:26

22:27

You will not curse God See note on Lev 24:11.

a leader The Hebrew term used here, nasi, refers to the leader of a clan. Before Israel’s monarchy, clan chiefs provided political and judicial leadership.

22:29 the firstborn of The consecration of the firstborn is first commanded just after the 10th plague against Egypt, the death of all their firstborn including livestock (Exod 12:29–32; 13:2, 11–16). The special status associated with being the firstborn is illustrated in God’s poetic statement that Israel is his firstborn of all the nations (4:22). This is also reflected in the dedication of agricultural firstfruits (vv. 29; 23:19; 34:18–20).

22:30 on the eighth This recalls the practice of circumcision. On the eighth day of life, a male child is physically marked as belonging to the people of God (Gen 17:12).

22:31 a carcass mangled in the field Wild predatory animals, such as lions, roamed the Levant until recent times (compare Judg 14:5–6; 1 Sam 17:34–37). Additionally, touching a dead carcass, let alone one torn by a wild beast, rendered a person ritually unclean (compare Lev 17:15; Judg 14:8–9).