[5] If a man shall cause
a field or vineyard to be eaten, and shall put in his beast, and shall
feed in another man's field; of the best of his own field, and of the best
of his own vineyard, shall he make restitution.
He that wilfully put his cattle into his neighbour's
field, must make restitution of the best of his own. The Jews hence observed
it as a general rule, that restitution must always be made of the best;
and that no man should keep any cattle that were likely to trespass upon
his neighbour, or do him any damage.
[6] If fire break out, and catch
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.
He that designed only the burning of thorns might become
accessary to the burning of corn, and should not be held guiltless. If
the fire did mischief, he that kindled it must answer for it, though it
could not be proved that he designed the mischief. Men must suffer for
their carelessness, as well as for their malice. It will make us very careful
of ourselves, if we consider that we are accountable not only for the hurt
we do, but for the hurt we occasion through inadvertency.
[7] If a man shall deliver unto
his neighbour money or stuff to keep, and it be stolen out of the man's
house; if the thief be found, let him pay double. [8]
If the thief be not found, then the master of the house shall be brought
unto the judges, to see whether he have put his hand unto his neighbour's
goods. [9] For all manner of trespass,
whether it be for ox, for ass, for sheep, for raiment, or for any manner
of lost thing, which another challengeth to be his, the cause of both parties
shall come before the judges; and whom the judges shall condemn, he shall
pay double unto his neighbour. [10]
If a man deliver unto his neighbour an ass, or an ox, or a sheep, or any
beast, to keep; and it die, or be hurt, or driven away, no man seeing it:
[11] Then shall an oath of the LORD be between
them both, that he hath not put his hand unto his neighbour's goods; and
the owner of it shall accept thereof, and he shall not make it good.
[12] And if it be stolen from him, he shall
make restitution unto the owner thereof. [13]
If it be torn in pieces, then let him bring it for witness, and he shall
not make good that which was torn.
If a man deliver goods, suppose to a carrier to be conveyed,
or to a warehouse - keeper to be preserved, or cattle to a farmer to be
fed upon a valuable consideration, and a special confidence reposed in
the person they are lodged with; in case these goods be stolen or lost,
perish or be damaged, if it appear that it was not by any fault of the
trustee, the owner must stand to the loss, otherwise he that has been false
to his trust must be compelled to make satisfaction.
|