Justice, Restitution, and Love in Exodus 22

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"Whoever steals an ox or a sheep and slaughters it or sells it must pay back five head or cattle for the ox and four sheep for the sheep if a thief is caught breaking in at night and is struck a fatal blow the Defender is not guilty of bloodshed but if it happens after sunrise the Defender is guilty of bloodshed anyone who steals must certainly make restitution but if they have nothing must be sold to pay for their theft." [00:00:50]

"If anyone grazes their livestock in a field or a vineyard and lets them stray and they graze in someone else's field, the offender must make restitution from the best of their own field or vineyard. If a fire breaks out and spreads into thorn bushes so that it burns shocks of grain or standing grain or the whole field, the one who started the fire must make restitution." [00:01:29]

"In all cases of illegal possession of an ox, a donkey, a sheep, a garment, or any other lost property about which someone says, this is mine, both parties are to bring their cases before the judges. The one whom the judges declare guilty must pay back double to the other." [00:02:22]

"And so I think it's helpful to think of the Ten Commandments sort of like the Constitution of the United States, which is a document that at least supposedly is foundational for all the other laws that we have in our country. So everything needs to be checked if it's constitutional of course we have you know amendments and a bill of rights and all that stuff so the case laws are simply paradigms for hundreds of other cases that are going to come before the elders or judges." [00:03:47]

"And so a paying back plus some was compensation for the loss of time, labor, convenience, and it also served as a deterrent against future crimes. And so what we see here is the application of lex talionis unfolding. And I talked about lex talionis unfolding. And so what we see here is the application of lex talionis unfolding. And I that is Latin for the law of retribution. And it's referencing the verse which was earlier about an eye for an eye and a tooth for a tooth." [00:06:31]

"because if you study it you will find that according to other ancient Near Eastern laws that were at that time thieves were to be put to death here thieves simply just had to pay restitution and it's my understanding actually that an eye for an eye was rarely to be applied literally it was really more of a metaphor and I think we saw that last time there was a law about a slave who was injured in his tooth he didn't have to injure his master's tooth instead he was set free I mean which was even better I guess so the law stipulated the punishment should be commensurate for the crime and that it's applied evenly across the board and that was that was different that was different from other societies of that day and age" [00:08:53]

"to me it would seem that there's some things in our system that are broken and need to be attended to but but here in Exodus we have a leveling an eye for an eye a tooth for a tooth no matter who you are there ought to be restitution and that sounds right to us correct I mean that's justice that's that it's fair and just and the same for everybody and so getting back to Exodus and here's what I want to do today let's quickly look through each of three basic categories of laws pertaining to this eighth commandment thou shalt not steal and so you'll see in verses 1 through 4 laws that deal with basic theft and then 5 and 6 with carelessness and then 7 through 15 about borrowing and safekeeping" [00:11:36]

"And then in these next three verses are laws that, for lack of a better word, carelessness or acting irresponsibly when, you know, in regards to somebody else's property. So, you know, your cow gets out and tramples in somebody's field. Or, you know, you have fields growing really close together. And, you know, and there might be some boundary markers, but, you know, sometimes that was hard. And so maybe you might accidentally harvest something. Someone else's field or trample it, you know. And so this law envisions, you know, that one of your animals might get loose and graze in your neighbor's field. So now what? What are you going to do? Well, you got to make restitution." [00:16:32]

"And it doesn't explicitly state that the amount that had to be given, but it does say that you must give the best from your field or vineyard. And so if your animal ate up their grapes, you don't give them week old cabbage. You have to give your best. And so that's the law. And so that's the law. And so that's the law. And so that's the law. And so we have those kinds of laws today, right? They're called negligence laws." [00:17:18]

"And so verse seven envisions money and goods. And let me read and refresh your memory on what it says if anyone gives a neighbor silver or goods for safekeeping keeping and they are stolen from the neighbor's house the thief if caught must pay back double but the thief is not found the owner of the house must appear before their judges and they must determine whether the owner of the house has laid hands on the other person's property in all cases of illegal possession of an ox donkey a sheep garment or or any other lost property about which someone says this is mine both parties are to bring their cases before the judges the one whom the judges declare guilty must pay back double to the other" [00:19:30]

"And so, all right, we are coming to the end of this today. And so let me say this, when I think about these particular case laws that are largely dealing with property laws, I'm reminded of what Jesus said. What Jesus said in the gospel, that all the law can be summed up in this. You know it. Love the Lord your God with all your heart, soul, and mind. And love your neighbor as yourself. And so, within that, sometimes with our neighbors, boundaries get crossed and we or our neighbors deserve some sort of restitution." [00:23:32]

"and just for everyone I mean God established the courts under the law of Moses there's nothing wrong with courts courts are wonderful extensions of the rule of God I mean God established a court system here in Israel so that justice could be done when injustices had been committed so there so there's nothing fundamentally wrong with court I mean in fact there's everything right with court courts are preventative against people yielding to the temptation to take personal revenge you know that's actually something that the law of Moses forbade and we will get to that in a few chapters on but but let me say this sometimes people take each other to court because of hatred or hatefulness and they're hoping to exact revenge and sometimes it works in their favor and sometimes it can work terribly against them I would say that a rule of thumb is it is far better to live in a country where there's no justice and lose financially than to lose spiritually" [00:24:19]

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