And if it be stolen from him,.... Or "but if" x it was taken away by theft; and that "from with him" y, as it may be literally rendered, from among his own cattle, and they not taken; and he being present, pretending to have an eye upon them and keep them, but was careless and negligent, at least, if he did not connive at the theft:
he shall make restitution to the owner thereof; for in such a case there was ground for suspicion of fraud; however, there was apparent carelessness, and it was but just he should make restitution, since he had hire or wages for keeping it; which is the reason Aben Ezra gives for it, and is suggested by the Targum of Jonathan; which adds to the former clause, by way of explanation,
"that which was with him to be kept for a reward.''
x כי אם "si autem", Drusius. y מעמו "e cum eo", Montanus.