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“If a man gives his neighbor money or articles[a] for safekeeping[b] and it is stolen from the man’s house, if the thief is caught,[c] he must repay double. If the thief is not caught,[d] then the owner of the house will be brought before the judges[e] to see[f] whether he has laid[g] his hand on his neighbor’s goods. In all cases of illegal possessions,[h] whether for an ox, a donkey, a sheep, a garment, or any kind of lost item, about which someone says ‘This belongs to me,’[i] the matter of the two of them will come before the judges,[j] and the one whom[k] the judges declare guilty[l] must repay double to his neighbor. 10 If a man gives his neighbor a donkey or an ox or a sheep or any beast to keep, and it dies or is injured[m] or is carried away[n] without anyone seeing it,[o] 11 then there will be an oath to the Lord[p] between the two of them, that he has not laid his hand on his neighbor’s goods, and its owner will accept this, and he will not have to pay. 12 But if it was stolen[q] from him,[r] he will pay its owner. 13 If it is torn in pieces, then he will bring it for evidence,[s] and he will not have to pay for what was torn.

14 “If a man borrows an animal[t] from his neighbor and it is hurt or dies when its owner was not with it, the man who borrowed it[u] will surely pay. 15 If its owner was with it, he will not have to pay; if it was hired, what was paid for the hire covers it.[v]

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Footnotes

  1. Exodus 22:7 tn The word usually means “vessels” but can have the sense of household goods and articles. It could be anything from jewels and ornaments to weapons or pottery.
  2. Exodus 22:7 tn Heb “to keep.” Here “safekeeping,” that is, to keep something secure on behalf of a third party, is intended.
  3. Exodus 22:7 tn Heb “found.”
  4. Exodus 22:8 tn Heb “found.”
  5. Exodus 22:8 tn Here again the word used is “the gods,” meaning the judges who made the assessments and decisions. In addition to other works, see J. R. Vannoy, “The Use of the Word ha’elohim in Exodus 21:6 and 22:7, 8, ” The Law and the Prophets, 225-41.
  6. Exodus 22:8 tn The phrase “to see” has been supplied.
  7. Exodus 22:8 tn The line says “if he has not stretched out his hand.” This could be the oath formula, but the construction here would be unusual, or it could be taken as “whether” (see W. C. Kaiser, Jr., “Exodus,” EBC 2:438). U. Cassuto (Exodus, 286) does not think the wording can possibly fit an oath; nevertheless, an oath would be involved before God (as he takes it instead of “judges”)—if the man swore, his word would be accepted, but if he would not swear, he would be guilty.
  8. Exodus 22:9 tn Heb “concerning every kind [thing] of trespass.”
  9. Exodus 22:9 tn The text simply has “this is it” (הוּא זֶה, huʾ zeh).
  10. Exodus 22:9 tn Again, or “God.”
  11. Exodus 22:9 tn This kind of clause Gesenius calls an independent relative clause—it does not depend on a governing substantive but itself expresses a substantival idea (GKC 445-46 §138.e).
  12. Exodus 22:9 tn The verb means “to be guilty” in Qal; in Hiphil it would have a declarative sense, because a causative sense would not possibly fit.
  13. Exodus 22:10 tn The form is a Niphal participle of שָׁבַר (shavar, “to break”) which means injured, maimed, harmed, or crippled.
  14. Exodus 22:10 tn This verb is frequently used with the meaning “to take captive.” The idea here then is that raiders or robbers have carried off the animal.
  15. Exodus 22:10 tn Heb “there is no one seeing.”
  16. Exodus 22:11 tn The construct relationship שְׁבֻעַת יְהוָה (shevuʿat yehvah, “the oath of Yahweh”) would require a genitive of indirect object, “an oath [to] Yahweh.” U. Cassuto suggests that it means “an oath by Yahweh” (Exodus, 287). The person to whom the animal was entrusted would take a solemn oath to Yahweh that he did not appropriate the animal for himself, and then his word would be accepted.
  17. Exodus 22:12 tn Both with this verb “stolen” and in the next clauses with “torn in pieces,” the text uses the infinitive absolute construction with less than normal emphasis; as Gesenius says, in conditional clauses, an infinitive absolute stresses the importance of the condition on which some consequence depends (GKC 342-43 §113.o).
  18. Exodus 22:12 sn The point is that the man should have taken better care of the animal.
  19. Exodus 22:13 tn The word עֵד (ʿed) actually means “witness,” but the dead animal that is returned is a silent witness, i.e., evidence. The word is an adverbial accusative.
  20. Exodus 22:14 tn Heb “if a man asks [an animal] from his neighbor” (see also Exod 12:36). The ruling here implies an animal is borrowed, and if harm comes to it when the owner is not with it, the borrower is liable. The word “animal” is supplied in the translation for clarity.
  21. Exodus 22:14 tn Heb “he”; the referent (the man who borrowed the animal) has been specified in the translation for clarity.
  22. Exodus 22:15 tn Literally “it came with/for its hire,” this expression implies that the owner who hired it out and was present was prepared to take the risk, so there would be no compensation.

“When a man gives his neighbor money or goods for safekeeping and it’s stolen from the neighbor’s house, the thief, if found, is to repay double. If the thief is not found, the owner of the house is to appear before the judges[a] to see[b] whether or not the thief took[c] his neighbor’s property.

“In every ownership dispute[d] involving an ox, donkey, sheep, garment, or anything that is lost where a person says, ‘This is mine,’[e] the case between the two of them is to come before the judges,[f] and the one that the judges[g] declare guilty is to repay double to his neighbor.

10 “When a man gives a donkey, ox, sheep, or any animal to his neighbor for safe keeping, and it dies or is injured or is driven away when no one is looking, 11 the two of them are to take an oath in the Lord’s presence that the accused[h] has not taken[i] his neighbor’s property. Its owner is to accept this, and the neighbor[j] is not to make restitution. 12 But if it was actually stolen from him, the neighbor[k] is to make restitution to its owner. 13 If it was torn to pieces, let the neighbor[l] bring the remains[m] as evidence, and he is not to make restitution for what was torn apart.

14 “When a man borrows[n] an animal from his neighbor, and it’s injured or dies while its owner was not with it, he is certainly to make restitution. 15 If its owner was with it, he is not to make restitution. If it was hired, its fee covers the loss.”[o]

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Footnotes

  1. Exodus 22:8 Or God
  2. Exodus 22:8 The Heb. lacks to see
  3. Exodus 22:8 Lit. not he laid his hands on
  4. Exodus 22:9 Lit. matter of transgression
  5. Exodus 22:9 Lit. This is it
  6. Exodus 22:9 Or God
  7. Exodus 22:9 Or God
  8. Exodus 22:11 Lit. that he
  9. Exodus 22:11 Lit. not laid his hands on
  10. Exodus 22:11 Lit. he
  11. Exodus 22:12 Lit. he
  12. Exodus 22:13 Lit. him
  13. Exodus 22:13 Lit. bring it
  14. Exodus 22:14 Lit. asks
  15. Exodus 22:15 Lit. its fee comes; i.e. the fee compensates the owner for the loss