A History of Ancient Near Eastern Law

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8.4.4.7 Certain forbidden relationships call for the death penalty.

The father’s wife and the man who sleeps with her and the man

and his daughter-in-law have incurred bloodguilt (Lev. 20:11–12). A

man who sleeps with a woman and her daughter to be burned, as

are the women, “for depravity” (Lev. 20:14). Others are subject only

to divine sanctions: should a man sleep with his brother’s wife or

his uncle’s wife, he and the woman will die childless (Lev. 20:20–21).

8.5 Theft^78

The Ten Commandments and Leviticus 19:11 both prohibit theft. A

man who steals livestock pays double if the animals are still alive

and with him (Exod. 22:3). If he has slaughtered or sold it, he must

pay fivefold for large cattle and fourfold for small herds (Exod. 21:37).

David, hearing Nathan’s case of a rich man who stole a poor man’s

lamb to feed to his guest, condemns him as worthy of death and

requires him to pay back four lambs to the poor man (2 Sam.

12:1–6).

8.5.1 Exodus 23:4 presents the special case of a man who finds his

enemy’s animal sleeping with a full pack. He is to leave it alone,

avoiding any temptation to capture the animal and/or steal the con-

tents of the pack.^79

8.5.2 One must return all lost property. If the owner is unknown

or is far away, one is to keep it until the owner comes (Deut. 22:1–3).

The owner might accuse the finder of theft; the finder might accuse the

claimant of fraud: in such a dispute, one could “approach God”—

the procedure when two parties lay claim to animals or lost articles.

The one convicted pays double (Exod. 22:8).

8.5.3 Kidnapping for sale into slavery entails execution if the kidnap-

per is caught with his victim (Exod. 21:16; Deut. 24:7). Deuteronomy

is sometimes translated “enslaving or selling,” but the verb hit'amer

refers to sale.

(^78) Jackson, Theft...
(^79) Cooper, “Plain Sense.. .” The law is often interpreted as a command to help
a fallen pack animal and reload his pack, but robeßdoes not mean “fallen,” for
which see Huffmon, “Exodus 23:4–5...”
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