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The DEEP

What is Fair?

This can get complicated.

Exodus 22:1–6

“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.”

The hierarchy of penalties for cattle rustling is well designed to deter it. If you’re caught with a stolen animal, you have to give it back, plus another one just like it. Many common thieves don’t have another one to give. (If they did, why steal one in the first place?) In that case, they lose their freedom. (That’s what, “if he has nothing, then he shall be sold for his theft” amounts to.) Six years of indentured servitude is a daunting prospect.

But if they sold the animal—which makes it much harder to get caught—the penalty skyrockets. Add three more oxen (or two more sheep) to the restoration. Few thieves would be able to pay that. Slavery looms large in this scenario.

It’s curious that the repayment ratio is higher with oxen. There are two theories as to why this makes sense. First, oxen grow slower and, thus, are harder to replace. But I prefer the theory that making it without an ox is tougher than making it without a sheep. A sheep produces wool every spring, but an ox is useful every day as a beast of burden. Lose your ox, and much of your farming operation shuts down.

Another puzzle in this passage is the dramatic contrast in what is permissible in defending your home at night versus in the day. Remember that at this point in history, night can be pitch black. This makes fights dangerous and unpredictable. Thus, Mosaic Law is “stand your ground” at night, but only at night. This values the life of the criminal more than many states do.

http://criminal.findlaw.com/criminal-law-basics/states-that-have-stand-your-ground-laws.html


As we get down in the weeds of the law, the underlying wisdom of it all becomes increasingly obvious. The Mosaic Law compares well with American Law. Given how many centuries ago this was written, that’s impressive.

There’s something comforting about knowing that an all-wise God is in charge—and that we see the wisdom in God’s laws and have decided to emulate them.

But always praise God for who He is. Worship Him, not just what He has done.


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These weekday DEEPs are written by Mike Slay. Saturdays' by Matt Richardson. Subscribe here: https://www.ailbe.org/resources/community

The weekly study guides, which include questions for discussion or meditation, are here: https://www.ailbe.org/resources/itemlist/category/91-deep-studies

Scripture taken from the New King James Version. © Copyright 1982 by Thomas Nelson, Inc. Used by permission. All rights reserved.

Mike Slay

As a mathematician, inventor, and ruling elder in the Presbyterian Church in America, Mike Slay brings an analytical, conversational, and even whimsical approach to the daily study of God's Word.