The Law of Restitution

Physical Fights

If men strive with each other, and one hits the other, and he does not die but is confined to bed, if the man arises and walks abroad on his staff, he that smote him shall be clear; only he shall pay for his loss of time and for his healing (Exodus 21:18-19).

If a man smite his man-servant or his maid-servant, with a rod, and he die under his hand; he shall be surely punished. But if the servant continue a day or two, he shall not be punished, for he is his money (Exodus 21:20-21). It should be presumed that the man died through some other cause. And all penal laws should be construed as favorably as possible to the accused. The phrase "he is his money" means that the master had such a monied interest in the continued life of his servant, that it was not to be concluded that he meant to kill him, unless there should be clear evidence of the fact.

If a man smite the eye of his man-servant, or the eye of his maid-servant, and put it out, he shall let them go free for the eye's sake. If a he smite out the tooth of his man-servant , or the tooth of his maid-servant, he shall send them away free for their tooth's sake (Exodus 21:26-27).

Animals

If an animal gore a man or woman that they die, the animal shall be killed, but the owner of the animal shall be clear. But if the animal should have been given to goring in time past, and it has been testified to his owner, and he has not kept it in, and it slain a man or woman, the animal shall be killed and his owner shall die also (Exodus 21:28-29).

If one man's animal hurts another's, that he die; then they shall sell the live animal, and divide the money of it; and the dead animal also they shall divide. Or if it be known that the animal should have been given to goring in time past, and they have been testified to his owner, and his owner has not kept him in; he shall surely pay animal for animal; and the dead animal shall be his own (Exodus 21:35-36).

If any one open a pit, or if a man shall dig a pit, and not cover it, and an animal fall therein, the owner of the pit shall make it good, and give money unto the owner of them; and the dead beast shall be his (Exodus 21:33-34).

If any one shall send his animal to feed in another man's field or vineyard, he shall make restitution from the best of his own field and the best of his own vineyard (Exodus 22:5).

Thieves

The penalty for the theft of a sheep which was slain or sold, was fourfold; for an ox fivefold, because of its greater utility in labor; but, should the stolen animal have been recovered alive, a double compensation was all that was required. If a robber breaks into a house, and was killed at night, the one who killed him would be blameless. But if the thief was killed in the daytime, the one who killed him would be guilty. The reason is because at night it is more difficult to discern whether the intruder is a thief or a murderer. Furthermore, the nighttime makes it more difficult to defend oneself and to avoid killing the thief at the same time. During the daytime, it had better be clear that one’s life was in danger, otherwise, defense becomes vengeance, and that belongs in the hand of the magistrate. In every case where a thief could not make restitution, he was sold as a slave (Exodus 22:1-4).

Fire

If fire breaks out, and catches in thorns, so that the stacks of corn, or the standing corn, or the field, be consumed therewith; he that kindled the fire shall surely make restitution (Exodus 22:6).

Possesions in the Care of Another

If a man gives to his neighbour money or goods to keep, and it be stolen out of the man's house; if the thief be found he shall repay double. If the thief be not found, then the master of the house shall come forward before God and the Christ's assembly, and shall swear he surely has not put his hand unto his neighbour's goods. According to every injury alleged, whether it concerns an animal, a garment, and every alleged loss, which another challengeth to be his, the judgment of both shall proceed before God and the Christ's assembly; and he that is convicted shall pay double unto his neighbour (Exodus 22:7-9).

If a man gives to his neighbour an animal to keep, and it be wounded, die, or is taken away while no one is looking, then an oath of God shall be between both, each swearing that he surely has not put his hand unto his neighbour's goods, and the owner of it shall accept that and hold him guiltless and he shall not make restitution. And if it be stolen from him, he shall make restitution to the owner. If it was torn to pieces, he shall bring in the remains as evidence, and he shall not make restitution for the torn animal (Exodus 22:10-13).

If a man borrows an animal from his neighbor, and it be wounded, die, or is taken away while the owner is not present, he shall make restitution. But if the owner is with the animal, he shall not make restitution. If the animal was hired, the money paid for the hire covers the loss. The price paid for the use of an animal should be enough not only to compensate for service, but also to cover the risk to which it would be exposed (Exodus 22:14-15).