What is the proper restitution amount for theft?

⮜ Answered Questions

There are three different cases covered by Biblical law:

1. If a thief confesses (before being caught) and returns what is stolen, he is only required to pay restitution of 20% of the value of what was stolen (in addition to returning the stolen items): Lev. 6:2-5.
2. The normal Biblical restitution for theft which is discovered/witnessed (not confessed) is double the value of what was stolen (Exod. 22:4). In other words: the original items/amount plus its equivalent. This applies when the animal/item is recovered in the possession of the thief (not sold or destroyed).
3. However, if the thief has either consumed, destroyed, or sold the stolen property (Exod. 22:1), the restitution penalty is higher (either four-fold or five-fold).

Biblical law is thus structured with two incentives to the thief:

1. An incentive to confession, through lesser liability.
2. A disincentive -- through greater liability -- to someone who wants to become a professional thief or to hide the fact that they have stolen.