Exodus 21:33-22:15 | “Rules for Restoration”

Preston Highlands Baptist Church

The Ten Commandments Applied

Chapters 19-24 is the “Book of the Covenant” (24:7). This “Book” has a prologue (ch. 19) and epilogue (ch. 24). In between, are the ten words (ch. 20) and the judgements (chs. 21-23), or the Ten Commandments and then several chapters of case law applying the commands to specific situations (“rules,” 21:1).

The “words” and “rules” (24:3) are to teach Israel how God wants them to relate to him and to each other. They’re about worship and social justice, about loving God and loving neighbors. As Jared pointed out last week, these laws are a picture of what God values.

The laws in chapters 21-23 are illustrative, not exhaustive. They provide specific examples for how the general principles of the Ten Commandments can be applied in everyday situations.

In our text today, we’ll see four things that characterize God’s people: God’s people take responsibility (21:33-36), God’s people know that every person is made in God’s image (22:1-6), God people go to God’s leaders when things are serious but unclear (22:7-13), and that God’s people make amends.

God’s People Take Responsibility

Verses 33-36 pick up where we left off last week, with the goring ox. As one commentator says, “The goring ox must count as the most celebrated animal in legal history.”[1] Last week we saw that an ox who kills someone should be stoned, but if the ox has a history of hurting people and the owner fails to keep it penned up, the owner can be stoned or ransom himself.

As Jared pointed out, these laws about public safety are really about personal accountability. The law under these laws is that every person is responsible for their actions and the actions of their property. The owner of the ox is responsible for any loss incurred by his ox. In verses 5-6, if your ox or a fire you started destroys someone’s field, you’re responsible to compensate the owner of the field for their loss. In verses 14-15, if you borrow something from someone and something happens to it while you have it, you’re responsible for compensating the owner.

The point is that God’s people take responsibility for their property and their actions. If you do something that causes harm to someone else or someone else’s property, you’re responsible to make things right. This is how God’s people operate.

I experienced a wonderful example of this a couple weeks ago. When I went to inspect the new church sign, I quickly realized it wasn’t the right color. When I pointed this out to the manufacturer, they looked into it and realized there had been miscommunication between the office and the shop. Instead of covering that up they told me the truth and said it was their mistake and would cover the cost of having it redone. I told the guy that I greatly appreciated his honesty and that his integrity made me want to do more business with him in the future. It was no surprise to later learn that he’s a church-goer. God’s people own their mistakes and do whatever needs to be done to make things right.

When you make a mistake or wrong someone, do you hide it or are you honest about it?

God’s People Know that Every Person is Made in God’s Image

This theme continues in 22:1-4, where the Lord gives some specific examples of how to apply the eighth commandment, “You shall not steal” (20:15).

These verses deal with thieves and thievery, whether cattle stealing (v. 1) or breaking and entering (vv. 2-3). The law demands payment of four to five times the amount stolen (v. 1). The Lord takes stealing seriously. The right to own property is a basic human right, a right codified in the Ten Commandments with the prohibition against stealing.

Verse 1 is why Zacchaeus says he’ll restore people he’s defrauded fourfold after he encounters Jesus (Lk. 19:8). Interestingly, Jesus didn’t bring this up, Zacchaeus volunteers to do this. Those who’ve met the Messiah are set free from hiding their sins and want to make things right with anyone they’ve hurt. Wanting to do this is an indication that “salvation has come to your house” (v. 9). Following Jesus and stealing from others are mutually exclusive. As Paul says, “Let the thief no longer steal, but rather let him labor, doing honest work with his own hands, so that he may have something to share with anyone in need” (Eph. 4:28). Are there any ways you’re taking what isn’t yours?

Verses 2-3 are a brilliant piece of legislation. If the thief breaks in at night and the homeowner kills him, the homeowner isn’t susceptible to a charge of murder, “there shall be no bloodguilt for him” (v. 2). This is where things like the Castle Doctrine in Texas come from, or the right for a property owner to defend themselves against an intruder, even allowing the use of deadly force if necessary.

But notice in verse 3 that the life of the thief is protected if he’s caught in the daytime, “if the sun has risen on him, there shall be no bloodguilt for him.” If the homeowner kills the thief in plain daylight, he’s held responsible for the homicide and vulnerable to blood vengeance and must flee to a city of refuge (Num. 35:36-37). This law protects the lives of both the homeowner and the thief.

Why can you kill a thief at night but not in the daytime? Because at night the homeowner is totally vulnerable and can’t see what the thief is doing or if they’re armed. In daytime, you can see if they’re armed and diagnose the situation much more quickly and accurately.

The text is clear that stealing is always wrong, but it’s also clear that the life of the thief is just as valuable as the life of the homeowner. Other law codes in the ancient Near East didn’t have such a concern for the life of the criminal. But God’s people must know that every person is made in the image of God, even thieves caught in the act of stealing in the daytime.

God’s People Go to God’s Leaders When Things Are Unclear

The next section, verses 7-13 continues on the theme of thievery, focusing on what to do when someone entrusts something to someone else and something happens to the thing entrusted to them while it’s in their possession. This continues the theme of personal responsibility. If you do something that causes harm to someone else’s property while it’s in your possession, you’re responsible to make things right.

Notice that in this section there’s an emphasis on God’s role in adjudicating the cases (vv. 8-9, 11). In cases where there’s disagreement about who’s right, the case is brought to the Lord. In ancient Israel, that meant going to Moses and the elders Jethro encouraged him to install back in chapter 18 (vv. 13-23).

But what about God’s people in the New Testament? What are we supposed to do when there’s a disagreement over something? Jesus says in Matthew 18 that we start by going to talk to the person privately who we think has sinned against us. If there’s unrepentant sin there, then more people can get involved, and if there’s still unrepentant sin, the church must act (vv. 15-17).

What if it’s not a sin issue but rather a legal dispute? In 1 Corinthians 6, Paul says that believers shouldn’t take each other to court but do their best to work things out themselves. This is why our Church Membership Agreement says, “Lawsuits between believers, or threats of lawsuits between believers, are a matter of grave concern for the church, are contrary to biblical and church teaching, and mediation is an effort to resolve disputes in a biblical fashion (1 Cor. 6:1-7).”

What if it’s not a sin or a legal issue? What if there are things in the church that are unclear and ambiguous? How are those sorts of decision made? In the book of Acts, you see the church move from being led by the apostles to being led by elders. Acts 14:23 says that Paul and Barnabas “appointed elders…in every church.” Acts 15:6 says that “the apostles and the elders…gathered together” to consider a doctrinal dispute in the church. In Acts 20:17, Paul “sent to Ephesus and called the elders of the church to come to him.” In Titus 1:5, Paul instructs Titus to “appoint elders in every town as I directed you.”

Elders in a church aren’t God, just as Moses or his elders weren’t God. They are, however, there to help God’s people discern the best way forward when things aren’t clear.

Teaching and Governing

How do they do this? Teaching and governing. 1 Timothy 3:2 says that an elder must be “able to teach” (cf. Tit. 1:9). 1 Timothy 5:17 says, “Let the elders who rule well be considered worthy of double honor, especially those who labor in preaching and teaching.” So elders teach and elders rule.

The elders are the “teaching shepherds” of the church, a gift given by Christ to his church (Eph. 4:11). This doesn’t mean that they teach every class or preach every sermon. It does mean that they’re the ones who’re responsible for the teaching ministry of the church. What’s taught in the Training Class, Kids Classes, Community Group, and Women’s ministry all fall under the auspices of the elders.

Elders are also the primary governing, or decision-making, group in the church. The elders are given the responsibility of leading and giving direction to the church, of “directing the affairs of the church” (1 Tim. 5:17 NIV). This involves planning, administrating, and delegating, and it’ll look different in every church. But having elders who govern essentially means that the decision-making processes of the church are streamlined. Instead of requiring a church vote or a committee decision on the details of the church’s life and ministry, the elders are entrusted with the authority to make many of those decisions. This is what Peter is referring to when he tells the elders to “exercise oversight” in 1 Peter 5:2. Our church’s bylaws summarize this oversight like this, “Oversight of the ministry, resources, and facilities of the church shall be vested in a council of elders who satisfy the qualifications set forth in 1 Timothy 3:1-7 and Titus 1:6-9.”

Elders who lead or govern with a domineering attitude is strictly forbidden. 1 Peter 5:2-3, “Shepherd the flock of God that is among you, exercising oversight, not under compulsion, but willingly, as God would have you…not domineering over those in your charge, but being examples to the flock.” Elders are called to take the posture of a servant, not a king.

And finally, in Galatians 1:8-9, Paul tells the churches in Galatia to sit in judgment of preachers (even himself!) if they should preach any other gospel than the one that the Galatians had accepted. Elsewhere in the New Testament, it’s the church that’s blamed for bad teaching, not the leaders (cf. 2 Tim. 4:3-4). So the church is ultimately accountable for doctrinal matters.

Scripture supports the idea of elder leadership in the church, while also giving the congregation final say on certain matters, a church polity summarized as elder-led congregationalism. This tension raises two further questions.

First, what about other matters that arise in the life of the church besides discipline, membership, and doctrine? So, for example, what about issues like building renovations or the budget? Should the congregation have the final say on these issues? The New Testament doesn’t address this issue. So how much a congregation decides to involve itself in such issues is a matter left to its discretion. Our church’s Constitution, for example, requires a congregational vote to approve the annual budget, but doesn’t require a congregational vote to approve the color of paint for the walls.

The second question is how can you be obedient to the biblical command to obey your leaders (Heb. 13:17) and at the same time exercise your membership responsibilities? The congregation must assert its authority where a matter is serious and the elders’ position is clearly contrary to Scripture. When the issue is serious but unclear, the congregation should trust the elders.

So, for example, let’s say that the issue is whether the Bible is the inspired word of God. It’s very clear from Scripture that the Bible is inspired by God. This is the kind of clear doctrinal issue that the congregation should not defer to the elders. This is where the congregation has the duty to step in and preserve the integrity of the gospel.

When things are serious but unclear, God’s people look to their leaders for guidance.

Here’s what we’ve seen in this section: God’s people take responsibility for their property. They own their mistakes and do whatever must be done to make things right. They don’t take things that aren’t theirs. They honor the lives of all people, including criminals. And they look to the Lord by trusting their leaders in cases that are serious but unclear.

God’s People Make Amends

Our text shows us that the thief must return what they stole, if they can, and make things right by paying the owner even more than they stole. Even if the owner forgives them, there’s still the need to make amends, to make things right. Forgiveness doesn’t cancel the need for restitution.

Forgiveness is a fundamental principle in all our relationships. If someone has wronged us, we’re called to forgive them. As Paul says, “As the Lord has forgiven you, so you also must forgive” (Col. 3:13).

But for true reconciliation to happen, the offending party must do whatever they can to make things right, to restore the relationship by owning their wrongs.

The Offended Person Pays

The amazing thing about the gospel is that the Lord is the One who’s been wronged, yet he’s the one who pays. We’re the ones who’ve broken his law. We’re the thieves, the murderers, the adulterers, the liars, the greedy, the proud. We’ve deliberately and consistently broken his law, and he’s rightly angry about that.

His law is good, it reveals his values. So when we trample on it, we’re trampling on him. Our sin is like saying to the Lord, “I don’t think your ways are good. I think my ways are better.” No wonder the Lord burns with anger toward those who break his law. Breaking his law is to call into question his goodness. Sin is calling into question the integrity of God.

In Jesus, God, the offended party, steps forward and says, “I’ll do whatever I have to do to make things right. I’ll restore our relationship. I’ll own your wrongs. I’ll pay what you owe and I won’t ever require you to pay me back.”

The gospel tells us that the offended person pays for the offenders. Those who admit that they’ve offended God’s holiness by breaking his law, put their trust in Jesus, the only one who ever kept the law of God perfectly and then died taking the curse of the law that he didn’t deserve, will be restored, will be given one million times more than they deserve.

The Vileness of Our Sin

One of the problems we have is that we actually don’t think our sin is that bad. We think as long as we’re dotting our I’s and crossing our t’s and keeping our nose clean and voting the right way and being nice to people outwardly and avoiding the world as much as possible, then that means we’re good with God.

But do you see your heart as vile because of sin? The hymn says, “The dying thief rejoiced to see that fountain in his day; and there may I, though vile as he, wash all my sins away.”

Only if you sense the vileness of your heart will you love the gospel. Only when you understand your dirtiness will you glory in the cross. Only when you believe that you deserve to be hung on a cross because of what you’ve done, will Jesus hanging on a cross for you capture your heart.

We’re the thieves who, in the night of our sin, have broken into the house of God’s law, taken what isn’t ours and trampled on his good name and deserve to be killed on the spot. But instead Jesus takes our death. Unrighteous thieves like us get to live because the Righteous One died. We deserve the cross, but Jesus took it instead.

Do you believe you’re as vile as the thief who hung next to Jesus? If you do, your sins will be washed away and your life saved.

[1]Victor P. Hamilton, Exodus: An Exegetical Commentary (Grand Rapids: Baker Academic, 2011), 391.

[2]Mark Dever, A Display of God’s Glory: Basics of Church Structure, Deacons, Elders, Congregationalism, and Membership (Washington D. C.: 9Marks, 2001), 45.