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.
If a man shall deliver unto his neighbour money or stuff to keep ... The laws contained in this section relate to the loss of property by theft or otherwise, and to the ways provided for giving redress to the sufferers. Stuff, х keeliym (H3627)] - implements, utensils, furniture (see the notes at Exodus 3:22; Exodus 11:2); also dress, ornaments (Deuteronomy 22:5; Isaiah 61:10), musical instruments (2 Chronicles 34:12; Amos 6:5), hunting or military weapons (Genesis 27:3). If a sum of money or any articles of value which had been deposited for security in the custody of a neighbour were stolen out of his house, the thief, on being discovered, should be obliged to restore double of what he purloined, either out of his own possessions or, in the event of his having nothing to give, by a length of servitude equivalent to the value of the thing stolen, to the person whom he had wronged. But if no clue can be obtained to the discovery of the thief, the householder to whom the missing article was entrusted shall, in order to purge himself from suspicion, compare before х 'el (H413) haa-'ªlohiym (H430)] the gods - i:e., judges (see the note at Exodus 21:6), and make a solemn declaration, probably on oath [the Septuagint has: kai omeitai, and shall swear], that he did not appropriate it to his own use, nor was particeps criminis. [Septuagint, mee auton peponeereusthai ef' holees tees parakatatheekees tou pleesiou-that he has not fraudulently used the deposit of his neighbour.]
Verse 9. For all manner of trespass, х `al (H5921) kaal (H3605) dªbar (H1697) pesha` (H6588)] - for every case of wrong. The context points to articles of property, either abstracted or lost; and so the Septuagint views it [kata pan reeton adikeema-in respect to every matter of the foresaid specified trespass ( 'ªsher (H834) yo'mar (H559) kiy (H3588) huw' (H1931) zeh (H2088)) concerning which one can say, this is it-namely, the thing stolen from me; or this is he-namely, whom I accuse as the thief-the cause of both parties shall be investigated in a judicial court].
And (he) whom the judges shall condemn - shall, after investigation, convict, whether the person with whom the property had been entrusted, of dishonest appropriation, or the depositor, of a false charge.
Shall pay double - i:e., make double compensation for stolen property in the one issue, or for wounded feelings in the other.
Verse 10-13. If a man deliver unto his neighbour an ass ... to keep. By "neighbour" may be understood either an acquaintance or a servant.
And it die, or be hurt, or driven away, no man seeing. The first casualty might occur to any beast from internal disease, or by the visitation of God. The second is expressed by х nishbar (H7665)] be broken, broke its own limbs by falling over a precipice, or otherwise (cf. Isaiah 8:15; Isaiah 28:13; Ezekiel 34:4; Ezekiel 34:15; Zechariah 11:16); and the third [by nishbaah (H7617)], used frequently with reference to the abstraction of cattle by marauders (1 Chronicles 5:21; 2 Chronicles 14:14; Job 1:15; Job 1:17). If no one could testify, from personal knowledge, by whom or in what way the loss was occasioned.
Verse 11. Then shall an oath of the Lord - so designated either from being appointed by His authority, or solemnly taken in His name as a witness, as well as avenger of perjury.
Between them both - i:e., between the owner and the keeper, either both swearing-the one, that he delivered the beast to the custody of his neighbour by agreement or for wages, and the other, that he did appropriate it to his own use, or by the latter only protesting that he was not the cause of the beast's death, mutilation, or disappearance. The owner was obliged to accept the oath, and put an end to the dispute.
Verse 12. And if it be stolen from him, х mee`imow (H5973)] - from with him; i:e., from his power or custody (a very different case from the preceding (Exodus 22:7), and hence, as an ordinary exercise of care and diligence on his part might have prevented the theft (Genesis 31:39), he shall be required to indemnify the owner. Verse 13. If it be torn in pieces - i:e., by ravenous beasts (Deuteronomy 33:20 ,37; 44:28; Psalms 22:13 ; Nahum 2:12 ), then let him bring it for witness - namely, the dismembered carcass, or a portion of it (1 Samuel 17:34-35; Amos 3:12), in proof, not only of the violent onset made upon it, but of the vigorous exertions put forth for its defense or rescue. The Chaldee and Samaritan versions render, 'he shall bring a witness' - i:e., adduce testimony or evidence which, in the absence of the smallest remnant of the beast, may be satisfactory to the judge that the footprints or traces of a wolf, lion, hyaena, etc., were visible in the neighbourhood, or which may attest his diligence and fidelity in watching over his charge.
Verse 14. If a man borrow ought of his neighbour, and it be hurt, or die. Should a beast which was borrowed only for a temporary purpose suffer, while in the hands of the borrower, such serious damage as to deprive the proper owner of its services in all time coming, it is a reasonable enactment that the borrower should be required to repay the loss, both because the knowledge of the existence of such a law would make a borrower more careful and prudent in using it than men are apt to be with things not their own; but because the benefit from the use of it being wholly his, it is right that he should bear the loss of it.
Verse 15. But if the owner thereof be with it, he shall not make it good. In this supposed condition the exemption of the borrower from all liability was evidently founded on the presumption that no one would use a beast ill in presence of its owner, and that proper care was taken of it by the fact of his presence and sanction. The same thing, if it were hired, instead of being borrowed.