(5) If a man shall cause a field . . . to be eaten.--On theft follows trespass, another injury to property. Two kinds of trespass alone are mentioned; but from these the principles to be followed in punishing trespass generally can be sufficiently made out. Accidental injury, such as that caused by fire extending from one man's field into another's, was to be simply compensated up to the amount of damage done; but voluntary injury, such as followed on the turning of beasts into a neighbour's ground, was to be more than compensated. The amount of produce destroyed was to be exactly calculated, and then the injurer was to make good the full amount of his neighbour's loss out of the best of his own produce.
Verses 5, 6. - LAW OF TRESPASS. - Next to theft, and not much behind it, is the wanton damage of what belongs to another - as when a person injures his neighbour's crops, either by turning beasts into his field, or by causing a conflagration in it. To turn beasts in was the more determinedly malicious act, and therefore the damage done was to be compensated by making over to the injured party a like quantity of produce out of the best that a man was possessed of; whereas simple restitution, was sufficient when fire had spread accidentally from a man's own land to his neighbour's. We may conclude that if the trespass of the cattle were accidental, simple restitution sufficed; and if the fire were kindled of set purpose, the heavier rate of penalty was exacted. Verse 5. - If a man shall cause a field or vineyard to be eaten. - Rather "to be eaten of," or "to be browsed upon." And shall feed. - Rather, "and it shall feed." Of the best, etc. - This means that, without reference to the quality of the crop damaged, the injurer should forfeit an equal amount of his own best produce.
22; 1 - 31 Judicial laws. - The people of God should ever be ready to show mildness and mercy, according to the spirit of these laws. We must answer to God, not only for what we do maliciously, but for what we do heedlessly. Therefore, when we have done harm to our neighbour, we should make restitution, though not compelled by law. Let these scriptures lead our souls to remember, that if the grace of God has indeed appeared to us, then it has taught us, and enabled us so to conduct ourselves by its holy power, that denying ungodliness and wordly lusts, we should live soberly, righteously, and godly in this present world, Titus 2:12. And the grace of God teaches us, that as the Lord is our portion, there is enough in him to satisfy all the desires of our souls.
If a man shall cause a field or vineyard to be eaten,.... Which is not his own, by putting cattle into it to feed upon it, as it is explained in the next clause:
and shall put in his beast, and shall feed in another man's field; do damage in one or both those two ways, either by his feet treading down the grass and fruits of the earth, which the Rabbins, as Jarchi says, think, is meant by putting in his beast; or with his beast eating up the same, which is intended by the latter phrase:
of the best of his own field, and of the best of his own vineyard, shall he make restitution for what damage is done by his beast in his neighbour's field or vineyard; and this held good of any garden or orchard injured in like manner; and it is a general rule with the Jews, that when any damage is sustained, he that does the damage is obliged to pay with the best the earth produces (l), even though better than was the man's that suffered the loss, that for the future he might be more careful of doing injury to another (m).
(l) Misc. Bava Kama, c. 1. sect. 1.((m) Bartenora in Misn. Gittin, c. 5. sect. 1.
and shall put in his beast, and shall feed in another man's field; do damage in one or both those two ways, either by his feet treading down the grass and fruits of the earth, which the Rabbins, as Jarchi says, think, is meant by putting in his beast; or with his beast eating up the same, which is intended by the latter phrase:
of the best of his own field, and of the best of his own vineyard, shall he make restitution for what damage is done by his beast in his neighbour's field or vineyard; and this held good of any garden or orchard injured in like manner; and it is a general rule with the Jews, that when any damage is sustained, he that does the damage is obliged to pay with the best the earth produces (l), even though better than was the man's that suffered the loss, that for the future he might be more careful of doing injury to another (m).
(l) Misc. Bava Kama, c. 1. sect. 1.((m) Bartenora in Misn. Gittin, c. 5. sect. 1.