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8.5.4 Moving land boundary markers (thereby stealing land) is for-
bidden (Deut. 19:14). The one who moved a landmark incurs the
communal curse of Deuteronomy 27:17.8.5.5 Eating from another’s field or orchard is not considered theft,
but one must not bring a basket to carry away produce or a sickle
to cut down grain (Deut. 23:25–26).8.5.6 Burglary
A householder who kills a thief caught in the process of breaking in
does not incur bloodguilt. If, however, “the sun has risen,” the thief
must pay the appropriate restitution, and if he does not have it, he
can be sold as a slave (Exod. 22:1–2). This law has been understood
to mean that theft at night entitles the owner to kill to protect his
property, but in the daytime, when the danger is not so great, the
householder may not kill.8.5.7 Fraud
Weights and measures must be true (Lev. 19:35; Deut. 25:13–16).
The laws provide no specific sanctions; Deuteronomy labels the one
who uses false measures an abomination (to'ebah), and Leviticus requires
the doers of all prohibited acts to present an appropriate expiatory
sacrifice, a sort of fine to the temple (cf. Amos 8:5).8.6 Damage to Property
8.6.1 One who digs or opens a pit without covering it must pay
for the ox or ass that falls in, paying the owners for the animal and
taking the carcass (Exod. 21:33–34).8.6.2 A man who sets a fire on his own property which spreads
to another field must pay restitution from the best of his field. He
must pay even if the other field had thorns, stalks or standing sheaves
which contributed to the spread of the fire (Exod. 22:4–5).8.6.3 Injury to slaves
The owner of a slave was penalized for excessive punishment result-
ing in the slave’s injury or death (see 4.5.3.3 above). The laws do
not discuss injury to slaves by outsiders.westbrook_f27-975-1046 8/27/03 1:36 PM Page 1038