The laws continue. Interestingly, the covenant law has no prison system or confinement as a punishment, it always focuses on restitution. There are a number of possible reasons for this. Practically, it could be that they are a travelling group so setting up a permanent prison system might be quarrelsome. However, the Law was always intended to remain with God’s people and He well knew they were heading to a permanent land He promised. So, that isn’t all that compelling of an option.
Why else then? In this setup, compensation to the victim tends to be more generous and immediate than in a prison situation (where any awards or penalties are often not actually paid because the person is in prison making very little). Secondly, it requires the offender to deal with the person they committed the crime against directly and to face the effects of their crime on that person. On the other side, it allows an offender to live a productive life directly upon restoration. Finally, it doesn’t require public funds or effort to retain a system of provision and housing for criminals.
There are drawbacks, though. For one, the system can favor the wealthy as they can often more easily pay the penalties without having to commit to labor (contract out as a servant) to make restitution. Further, being able to lock someone up prohibits them from potentially committing the same crime again after restitution. Conversely, we should recognize that this was a law set that simply did not permit folks to go around doing the types of things we’re worried about people getting out prison to do again. Those folks generally died for their crimes. The risk of recidivism was zero.
In general, the laws point to a principle that says if you lose or by neglect cause someone to lose something, you have to make things right. There is also a recognition of intentionality, meaning the restitution was not as high if there was a sense of mistake or mitigating circumstances vs. something done maliciously, selfishly, or recklessly.
Also, remember that these laws were not intended to be comprehensive, just directional. They applied to men and women, and just because it doesn’t say there are punishments if you steal a donkey it doesn’t mean you skirt the law. The judges would apply principles from the law to the various situations that came about.
So, here we go. Man intentionally, blatantly steals an animal and sells or kills it, he pays back 5 (unless it’s a sheep, then it’s 4. Possibly because either oxen are more important or that sheep are more likely to go wandering and tempt a thief.) Either way, crime was intentional and blatant, 5:1 ratio.
Next, dude breaks into your house and you whack him and he dies. If it’s at night, no penalty. If it’s during the day, it’s a murder. During the day, you know the difference and are expected to cry for help, take evasive measures, talk him out it, whack to wound, all of the above. At night, you’re likely disoriented, can’t cry for help (your neighbors are sleeping), and can’t see very clearly. So, different reactions to the same incident. If the thief succeeds, he’s guilty and has to pay restitution (likely the 5:1 ratio discussed previously). If he can’t pay, he has to put himself into servanthood to get the cash to pay. (This largely only makes sense if the servant contract pays at least the bulk of the funds ahead of time and they are worked off, in effect, over the 6 years). If he hasn’t killed the animal and it can be taken back to its owner, it’s only a 2:1 payment instead of 5:1. Note that much of this is predicated upon the actual “cost” of the crime.
Next, if you can’t control your beast and it eats up another dude’s field, you have to give the best of your field to replenish it. This is 1:1, not the same thing as intentional human on human crime, recognizing the nature that sometimes beasts will be beasts and, although you have to make it right, it’s not a multiplied punishment. If a fire starts (this assumes it’s accidental) and you burn another dude’s grain stash, you have to pay for it.
On v.16, don’t be confused with the location of this one, it’s tied to the ones that follow it (social responsibility issues) not the ones preceding it (property issues). In general, remember that marriage is Biblically a formal covenant, the most important of all covenants between humans. The sign of that covenant is sex. So, if a couple engages in sex, they are basically acting as if they are married and the bride price has to be paid to the woman’s family. Note that this doesn’t mean they couple is required to get married, their “as if” marriage isn’t an actual marriage. Also, the law would be equally applied if a woman seduced a man or if they agreed on it mutually to do the dirty.
Also, don’t over crank on this concept of bride price. Modern ears hear it as something degrading to women, perhaps treating them as property, but an ancient Israelite wouldn’t have understood or thought of it in that way. In fact, it was seen as a protection for the bride, something that required a man to be serious, thoughtful, willing to go through the process of creating a full and formal arrangement that serves his interests, his future wife’s interests, as well as those of his extended family. The price was a sign of the commitment. For the most important of human covenants, it wasn’t to be treated lightly (remember, not only was there a bride price but the engagement was on the same level of commitment as marriage and generally lasted at least a year. They took marriage seriously, as God does.)
The next 3 laws that follow speak to a range of situations that require capital punishment. They aren’t really connected, they are likely to be speaking to a broad range of behavior that deserves punishment because it directs people away from Yahweh. God is always an evangelist, always seeking to rescue people from condemning sin. If you are trying to get in the way of that, expect fierce consequences. In general, sorcery and worship of other gods clearly runs the risk of pointing people to powers other than God. On the beastiality, not only are you someone who has no regard for godliness, but this also sniffs of practices allowed in other cultures fertility rituals. The capital punishment here seems fierce (and is something that is no longer the people of God’s prerogative under the New Covenant, Jesus, as the death penalty decisions now rest with secular government) but note what it is protecting, those who could be directed to worship something other than the true God.
The next set of laws ensure that the entire range of disadvantages, unprotected or easily mistreated folks in society are treated appropriately. Note that Yahweh Himself is the enforcer here, He will hear their cries and His wrath will come upon those who act in a discriminatory way. Sometimes I hear Christians complain that some in the modern church are focusing too much on social justice. I say that when God brings something up and then inserts Himself clearly and personally in the consequence, it seems unlikely that we are over-focusing on said issue (and I might suggest that we all have a ways to move in that direction).
If you’re going to lend money to a fellow Israelite, you can’t charge interest, not even a little. If you’re going to take collateral (which was allowed), you can’t take something a man needs to live (like his cloak or his goat or something like that). This is not exhaustive, have to use the sense God gave you. It takes effort to dull the Spirit and squash your conscience to not perceive when you’re turning the screws on a dude for your own gain.
Next, you can’t say whatever you want about God. In our society, we often mistake free speech (as a right) as if it is free from consequence or inconsequential in and of itself. That is untrue. Mind your lips, boys. Do not speak of God lightly or anything that is associated with Him. Same (and this may be even harder) goes for leaders of God’s people or, as Paul’s extension within Romans lays on us, even civil leaders.
Finally, give to God what belongs to Him. The first born’s are his. For humans, it doesn’t mean you are actually handing your son over to God, you have to redeem your boy’s life (generally a cost, monetary). The sheep and oxen, though, those will generally be sacrificed. Finally, don’t eat any scavenged meat.