Annotations.
A Sheepe] or a lambe; a young sheepe, or young goat: for the Hebrew word comprehendeth both, Exod. 12. 3. Deut. 14. 4. five oxen] or, five of the herd, for an oxe; and foure of the flocke for a sheepe: the Hebrew differeth in word, but the Greeke version keepeth the same words here, that were before. This Law was, if the oxe were killed or sold: but if it were found in his hand alive, hee paid but two for one, v. 4. neither was it for any o∣ther theft, than of the oxe and sheepe: for all other, the theefe paid but the double: as the Hebrew ca∣nons plainely expresse, Maimony, treat. of Theft, chap. 1. Sect. 6. But these, b••cause of the profit, use, and service which the owners might have of them, (and in particular, for sacrifices to God, which might not be with any other beasts) were to be paid five and fourefold: And as the theft was bolder, and the losse greater of an oxe, than of a sheepe; so the punishment was more.
Vers. 2. in the digging through] that is, digging [unspec 2] (or breaking) through an house; as, Matthew 24. 43. or, in the hole digged; and so entring by the breach. By this the Hebrewes understand all o∣ther indirect waies, by which the theefe may en∣ter, but this is specified, because it is the way of most theeves, to enter by digging through in the night. Mai∣mony, treat. of Theft, chap. 9. sect. 8. no bloods for him] that is, none shall be put to death for kil∣ling that theefe. Or it may bee read thus, no bloods (shall be) to him, meaning to the killer of the theefe, he shall not have murder imputed to him, so the phrase is used in Numbers 35. 27. The Hebrew Doctors explaine it thus; If the master of the house, or any other man kill him, they are guiltlesse: yea it is free for any to kill him, either on the working day, or on the Sabbath day, with any death that they can put him to, &c. And wherefore doth the Law permit this? Be∣cause it is the manner of such, that if the masier of the house should withstand, and hinder them, they will kill him. And it is found, that hee which comes into his neighbours house to steale, is as hee that pursueth his neighbour to kill him. Such a one therefore may be killed, be he great or small, man or woman. Maimony, treat. of Theft, chap. 9. Sect. 7. 9.
Vers. 3. risen upon him] if it be cleere day when [unspec 3] the theefe breaketh in, who so killeth him, his blood shall bee shed therefore. For the Sun, the Chaldee paraphrast translateth, the eye of witnesses. But Maimony (in the foresaid place, Sect. 10.) gi∣veth this sense; If the matter be cleere to the master of the house, that this theefe will not kill him, and that he commeth not but to steale goods, it is unlawfull to kill him: and if he kill him, he is a man slayer, as it is writ∣ten, IF THE SVN BE RISEN VPON HIM; if the thing be cleere as the Sunne unto thee, that he is at peace with thee, thou shalt not kill him, he] the theefe, shall surely pay: therefore kill him not. But the Greeke version referreth it to the slayer, that he shall pay, that is, be put to death for him. he shall be sold] for a servant by the Magistrate: see Exodus 21. 2. &c. And in the Iewish canons it is explained thus: If hee have nothing, neither moveable goods nor unmoveable, the Iudges doe sell him, and give his price for the dammage. And they sell him not but to an Israelite, or proselyte. Hee is not to be sold publike∣ly, &c. as slaves are sold, (as it is written, Leviticus 25. 42. They shall not be sold with the sale of a bond-man,) but privately, and by way of honour, Maimony, treat. of Theft, c. 3. S. 11. and treat. of Servants, chap. 1. Sect. 3. 5. for his thefe] for the principall, ot thing stollen: and no theefe is sold, save for the principal: but the double, or paying of foure or five for one,