(7-13) Property deposited in the hands of another for safe keeping might be so easily embezzled by the trustee, or lost through his negligence, that some special laws were needed for its protection. Conversely the trustee required to be safe-guarded against incurring loss if the property intrusted to his care suffered damage or disappeared without fault of his. The Mosaic legislation provided for both cases. On the one hand, it required the trustee to exercise proper care, and made him answerable for the loss if a thing intrusted to him was stolen and the thief not found. Embezzlement it punished by requiring the trustee guilty of it to “pay double.” On the other hand, in doubtful cases it allowed the trustee to clear himself by an oath (Exodus 22:10), and in clear cases to give proof that the loss had happened through unavoidable accident (Exodus 22:12).
Exodus 22:7-13
7 If a man shall deliver unto his neighbour money or stuff to keep, and it be stolen out of the man's house; if the thief be found, let him pay double.
8 If the thief be not found, then the master of the house shall be brought unto the judges, to see whether he have put his hand unto his neighbour's goods.
9 For all manner of trespass, whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing, which another challengeth to be his, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double unto his neighbour.
10 If a man deliver unto his neighbour an ass, or an ox, or a sheep, or any beast, to keep; and it die, or be hurt, or driven away, no man seeing it:
11 Then shall an oath of the LORD be between them both, that he hath not put his hand unto his neighbour's goods; and the owner of it shall accept thereof, and he shall not make it good.
12 And if it be stolen from him, he shall make restitution unto the owner thereof.
13 If it be torn in pieces, then let him bring it for witness, and he shall not make good that which was torn.