EXPOSITION
LAW OF DEPOSITS.—Deposition of property in the hands of a friend, to keep and guard, was a marked feature in the life of primitive societies, where investments were difficult, and bankers unknown. Persons about to travel, especially merchants, were wont to make such a disposition of the greater part of their movable property, which required some one to guard it in their absence. Refusals to return such deposits were rare; since ancient morality regarded such refusal as a crime of deep dye (Herod. 7.86). Sometimes, however, they took place; and at Athens there was a special form of action which might be brought in such cases called παρακαταθήκης δίκη. The penalty, if a man were east in the suit, was simple restitution, which is less satisfactory than the Mosaic enactment—"He shall pay double" (Exodus 22:9).
Stuff.—Literally "vessels"—but the word is used in a very wide sense, of almost any inanimate movables.
If the thief be not found.—It is not clear what was to be done in this case. Kalisch supposes that it came under the law of the oath (Exodus 22:10), and that if the man entrusted with the deposit swore that he had not embezzled it, he was let go free. But as stolen cattle were to be compensated for to the owner (Exodus 22:12), it would seem to be more consistent that stolen money or chattels should also have been made good.
For all manner of trespass.—It has been supposed that this refers to "every case of theft;" but Kalisch is probably right in restricting it to cases where a person was accused of having embezzled property committed to his care. He was in that case to appear before the judges (Exodus 18:23), together with his accuser, and to clear himself if he could. When he failed to do so, and was "condemned," he was bound to restore double. Which another challenges to be his.—Rather, "which a man challenges to be the very thing" (that he deposited). The ease is supposed of the depositor being able to point out that the person to whom he entrusted the deposit has it still in his keeping.
If a man deliver unto his neighbour an ass or an ox, etc.—The deposit of cattle is unheard of in classical antiquity; but it might well be the usage of a pastoral race (Genesis 47:3). The parallelism of the verse with Exodus 22:6 indicates that a deposit of the same kind is intended. If it die, or be hurt, or driven away.—The deposited beast might "die" naturally; or "he hurt" by a wild beast or a fall; or be "driven away "by thieves, without anyone seeing what had happened. In that case, if the man to whom the animal was entrusted would swear that he was no party to its disappearance, the owner had to put up with the loss.
If it be stolen.—If, however, the case was not an ambiguous one, but certainly known to he one of theft, restitution had to be made, since it was supposed that with proper care the theft might have been prevented.
If it be torn in pieces.—If again there was evidence that the creature had been killed by a wild beast, this evidence had to be produced, before the owner or the judges, for the trustee to be exonerated from blame. A similar proviso is found in the laws of the Gentoos.
HOMILETICS
The sacred character of trusts.
The main teaching of this third paragraph of Exodus 22:1-2. is the sacred character of human trusts. Men are taught that they must carefully guard the property of others when committed to their charge, and religiously restore it upon demand to its rightful owner. No conversion of such property to the use of the trustee, under any circumstances whatever, is to be tolerated. The principle laid down with respect to ancient, will apply equally to modern, trusts:—
I. If the thing entrusted be stolen, without the trustee being justly chargeable with having contributed to the theft by negligence, the loss must fall on the owner.
II. If it be lost by. non-preventible accident, as when a lion carries off a lamb, or when a ship goes down at sea, the case is the same—the trustee is not liable.
III. If, on the other hand, the trustee neglect to take sufficient care, and damage occurs, he is bound to make good the injury caused by his own laches.
IV. If he actually embezzle the trust, simple restitution will not meet the full claims of justice. He ought to be made to refund, and to be punished besides.
V. In doubtful cases the oath, or solemn assurance, of the trustee, that he has conveyed no part of the trust to his own use, ought to be accepted.
Trusts are among the most important of the contracts and obligations, whereby human society is carried on. Strict honesty and much thought and care are requisite on the one hand, confidence, gratitude and tender consideration on the other. Trustees, it is to be remembered, do, for the most part, unpaid work. No one can be compelled to be a trustee. And. unless a generous confidence is put in them, and their good intentions are presumed, alike by the law and by those for whom they act, trusteeship will be declined by prudent men, and great inconveniences will follow.