10. If a man deliver unto his neighbor an ass. Since in the passage from whence I have taken these four verses, mention is made of a deposit, and Moses is professedly providing against frauds, and robberies, and thefts, I have thought it well to place them under this head. It has indeed some relation to the Third Commandment, because it shows the lawful use of an oath, viz., that in matters of concealment men should have recourse to the witness of God, and that, by the interposition of His sacred name, an end should be put to their strife. But, while the authority attributed to oaths depends on the reverence due to God, at the same time faith and piety are enforced in them, (140) so that all things should correspond. I have, however, considered the main point, i e. , how controversies as to things concealed should be brought to an end for the advancement of peace and equity. He would therefore have the depositary acquitted, if he swears that the animal entrusted to him is lost (either by death or violence, (141)) although lie should produce no witness of the matter, since it would be unjust that he should bear the blame, unless fraud, or some more palpable offense, have been committed by him. At the conclusion, then, it is said, “the owner of it shall accept” the oath, which is equivalent to saying, that lie shall be compelled to acquiesce, and shall give no more trouble about it. The expression, “an oath of the Lord shall be between them both,” is a remarkable one, whereby the obligation and sanctity of an oath are enforced, whilst Moses reminds us that God is the author of this sacred mode of attestation, and presides over it as its judge and avenger.
Moses now lays down the law as to a borrowed animal, if it die, or be mutilated, or injured. There is, however, a wide distinction between a thing borrowed and a thing deposited, for he who lends confers a favor; and therefore, when a man borrows a thing, he binds himself to restore it in safety, as far as in him lies. A distinction, however, is made, if the owner himself of the animal be an eye-witness of the death or fracture, he shall bear the loss; but if the animal should die or be injured in his absence, its value is awarded to him. His presence is tantamount to this, as if it were said, if he shall have seen with his own eyes that the injury did not occur by the fault of him to whom he lent it, then he shall give him no trouble about it. For instance, if you have lent me a horse, and take the journey with me, although anything untoward should happen — supposing you are assured that it did not occur by my temerity, or negligence, or bad management, I am free, and exempt from loss.
What is here laid down as to a borrowed animal must be applied also to all other things borrowed.
(140) For these latter words, which I hardly understand, the following are substituted in Fr. , “Cela touche quant et quant a son service et religion.”
(141) Added from Fr.