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Exodus 21:37 - Fivefold ox, fourfold sheep restitution?

Exodus 21:37 - שמות 21:37

Hebrew Text

כִּי יִגְנֹב־אִישׁ שׁוֹר אוֹ־שֶׂה וּטְבָחוֹ אוֹ מְכָרוֹ חֲמִשָּׁה בָקָר יְשַׁלֵּם תַּחַת הַשּׁוֹר וְאַרְבַּע־צֹאן תַּחַת הַשֶּׂה׃

English Translation

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.

Transliteration

Ki yignov ish shor o-seh ut'vacho o mecharo chamisha bakar yeshalem tachat hashor ve'arba tzon tachat haseh.

Hebrew Leining Text

כִּ֤י יִגְנֹֽב־אִישׁ֙ שׁ֣וֹר אוֹ־שֶׂ֔ה וּטְבָח֖וֹ א֣וֹ מְכָר֑וֹ חֲמִשָּׁ֣ה בָקָ֗ר יְשַׁלֵּם֙ תַּ֣חַת הַשּׁ֔וֹר וְאַרְבַּע־צֹ֖אן תַּ֥חַת הַשֶּֽׂה׃
כִּ֤י יִגְנֹֽב־אִישׁ֙ שׁ֣וֹר אוֹ־שֶׂ֔ה וּטְבָח֖וֹ א֣וֹ מְכָר֑וֹ חֲמִשָּׁ֣ה בָקָ֗ר יְשַׁלֵּם֙ תַּ֣חַת הַשּׁ֔וֹר וְאַרְבַּע־צֹ֖אן תַּ֥חַת הַשֶּֽׂה׃

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Parasha Commentary

Understanding the Verse

The verse (Exodus 21:37) discusses the penalty for stealing and slaughtering or selling an ox or a sheep. The Torah mandates a fivefold restitution for an ox and a fourfold restitution for a sheep. This law is part of the broader legal framework in Parshat Mishpatim, which deals with civil and criminal liabilities.

Rashi's Explanation

Rashi (Exodus 21:37) explains the difference in restitution between an ox and a sheep by noting the greater effort required to steal an ox compared to a sheep. An ox is larger and more difficult to conceal, making the theft more brazen. The higher penalty (fivefold) reflects the greater audacity of the thief. Conversely, a sheep is easier to steal, warranting a lesser penalty (fourfold).

Rambam's Perspective

In Hilchot Geneivah (Laws of Theft 1:1-2), Rambam (Maimonides) elaborates on the severity of the theft. He emphasizes that the additional restitution (beyond the principal) serves as both a punishment and a deterrent. The Torah imposes stricter penalties for actions that undermine societal trust and economic stability.

Talmudic Analysis

The Gemara (Bava Kamma 79b) discusses why the Torah specifies different penalties for oxen and sheep. One opinion suggests that the thief's "labor" (tircha) in stealing an ox—which is typically used for plowing and requires more effort to handle—justifies the higher penalty. Another view connects the penalties to the historical theft of Yosef's coat (symbolizing a sheep) and the sale of Yosef (symbolized by an ox), as hinted in Deuteronomy 33:17.

Midrashic Insights

The Midrash (Shemot Rabbah 30:5) offers a moral lesson: the penalties reflect the thief's disregard for the owner's livelihood. An ox represents a farmer's primary tool for work, while a sheep provides wool and sustenance. By slaughtering or selling the stolen animal, the thief destroys the victim's means of support, hence the severe restitution.

Practical Implications

  • The law applies only if the thief slaughters or sells the animal; mere theft requires double restitution (Exodus 22:3).
  • The penalties underscore the Torah's emphasis on protecting property rights and deterring theft.
  • The distinction between oxen and sheep teaches that penalties are proportionate to the crime's impact and the thief's effort.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Kamma 65b
The verse is discussed in the context of the laws of theft and restitution, particularly the different penalties for stealing an ox versus a sheep.
📖 Bava Kamma 79b
The verse is referenced in a discussion about the principles of restitution and the reasoning behind the differing penalties for oxen and sheep.
📖 Sanhedrin 86a
The verse is cited in a broader discussion about the laws of theft and the severity of penalties in Jewish law.

Frequently Asked Questions

Q: Why does the Torah require paying five oxen for stealing an ox but only four sheep for stealing a sheep?
A: Rashi explains that the thief pays a higher penalty for stealing an ox because the ox can work (plowing fields), so the theft caused greater loss to the owner. A sheep, which doesn't perform labor, warrants a lesser penalty (fourfold). This teaches that restitution considers the practical impact of the theft.
Q: What is the purpose of the multiple restitution in Exodus 21:37?
A: The Rambam (Hilchot Geneivah 1:1-2) teaches that the multiple restitution serves both as punishment and deterrent. It compensates the victim for their loss while discouraging theft by making the penalty severe. The Torah emphasizes the seriousness of violating another's property rights.
Q: Does Exodus 21:37 apply to all types of theft?
A: No. The Talmud (Bava Kamma 79b) clarifies that this multiple restitution applies only to stealing and then slaughtering or selling the animal. Regular theft (without slaughter/sale) requires returning the item plus an additional fifth (Vayikra 5:23-24). The Torah distinguishes between levels of theft severity.
Q: How does this law about theft apply today?
A: While exact monetary penalties may differ in modern times, the principle remains: Jewish law (Halacha) requires compensating for theft appropriately. The Shulchan Aruch (Choshen Mishpat 348) outlines detailed restitution laws based on these Torah principles, showing their enduring relevance in ethical and legal conduct.
Q: Why does the Torah specify oxen and sheep in this law?
A: The Midrash (Mechilta) notes these were common, valuable possessions in an agricultural society. By focusing on them, the Torah teaches through practical examples. The principles extend to all property theft, as derived by the Sages in Talmudic discussions (Bava Kamma).