22:5 “If a man grazes 4 his livestock 5 in a field or a vineyard, and he lets the livestock loose and they graze in the field of another man, he must make restitution from the best of his own field and the best of his own vineyard.
22:6 “If a fire breaks out and spreads 6 to thorn bushes, 7 so that stacked grain or standing grain or the whole field is consumed, the one who started 8 the fire must surely make restitution.
1 tn The construction uses a Niphal infinitive absolute and a Niphal imperfect: if it should indeed be found. Gesenius says that in such conditional clauses the infinitive absolute has less emphasis, but instead emphasizes the condition on which some consequence depends (see GKC 342-43 §113.o).
2 tn Heb “in his hand.”
3 sn He must pay back one for what he took, and then one for the penalty – his loss as he was inflicting a loss on someone else.
4 tn The verb בָּעַר (ba’ar, “graze”) as a denominative from the word “livestock” is not well attested. So some have suggested that with slight changes this verse could be read: “If a man cause a field or a vineyard to be burnt, and let the burning spread, and it burnt in another man’s field” (see S. R. Driver, Exodus, 225).
5 tn The phrase “his livestock” is supplied from the next clause.
6 tn Heb “if a fire goes out and finds”; NLT “if a fire gets out of control.”
7 sn Thorn bushes were used for hedges between fields, but thorn bushes also burned easily, making the fire spread rapidly.
8 tn This is a Hiphil participle of the verb “to burn, kindle” used substantivally. This is the one who caused the fire, whether by accident or not.