Accordingly we must say that, in appointing the punishment for theft, the Law considered what would be likely to happen most frequently (Ex. 22:1-9):  wherefore, as regards theft of other things which can easily be safeguarded from a thief, the thief restored only twice their value.  But sheep cannot be easily safeguarded from a thief, because they graze in the fields:  wherefore it happened more frequently that sheep were stolen in the fields.  Consequently the Law inflicted a heavier penalty, by ordering four sheep to be restored for the theft of one.  As to cattle, they were yet more difficult to safeguard, because they are kept in the fields, and do not graze in flocks as sheep do; wherefore a yet more heavy penalty was inflicted in their regard, so that five oxen were to be restored for one ox.  And this I say, unless perchance the animal itself were discovered in the thief’s possession:  because in that case he had to restore only twice the number, as in the case of other thefts:  for there was reason to presume that he intended to restore the animal, since he kept it alive.  Again, we might say, according to a gloss, that “a cow is useful in five ways:  it may be used for sacrifice, for ploughing, for food, for milk, and its hide is employed for various purposes”:  and therefore for one cow five had to be restored.  But the sheep was useful in four ways:  “for sacrifice, for meat, for milk, and for its wool.”  The unruly son was slain, not because he ate and drank:  but on account of his stubbornness and rebellion, which was always punished by death, as stated above.  As to the man who gathered sticks on the sabbath, he was stoned as a breaker of the Law, which commanded the sabbath to be observed, to testify the belief in the newness of the world, as stated above (Q. 100, A. 5):  wherefore he was slain as an unbeliever.

Reply Obj. 10:  The Old Law inflicted the death penalty for the more grievous crimes, viz. for those which are committed against God, and for murder, for stealing a man, irreverence towards one’s parents, adultery and incest.  In the case of thief of other things it inflicted punishment by indemnification:  while in the case of blows and mutilation it authorized punishment by retaliation; and likewise for the sin of bearing false witness.  In other faults of less degree it prescribed the punishment of stripes or of public disgrace.

The punishment of slavery was prescribed by the Law in two cases.  First, in the case of a slave who was unwilling to avail himself of the privilege granted by the Law, whereby he was free to depart in the seventh year of remission:  wherefore he was punished by remaining a slave for ever.  Secondly, in the case of a thief, who had not wherewith to make restitution, as stated in Ex. 22:3.