Exodus 22:10

Exo 22:10 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]:

Ver. 10. Or any beast, to keep.] As Jacob kept Laban’s cattle. {Gen 31:39}

John Trapp, A Commentary or Exposition upon All the Books of the Old and New Testament (1647–1656) — public domain. Text from a community e-Sword module.

Hebrew, broken.

Geneva Bible (1599) marginal notes — public domain. Text via Bolls.life.

(10) And it die, or be hurt, or driven away.—The animal might “die” naturally, or “be hurt” by a wild beast or a fall down the rocks, or “be driven away” by the marauding tribes of the desert. Both parties might be agreed on the fact of its disappearance; the dispute would be as to the mode of the disappearance. Here the trustee might bring proof, if he could (Exo_22:13); if not, he might clear himself by an “oath of the Lord” (Exo_22:11).

A Bible Commentary for English Readers, edited by Charles John Ellicott (1878–1897) — public domain. Text from a community e-Sword module.

10. be hurt] lit. be broken, i.e. be maimed or wounded: so v. 14, Eze_34:4; Eze_34:16, Zec_11:16, Lev_22:22.

or driven away] better, carried away, viz. by raiders (Job_1:15; Job_1:17); 1Ch_5:21 Heb., 2Ch_14:15. The word commonly rendered taken captive, 1Sa_30:3; 1Sa_30:5, &c.

10–13. Procedure to be followed, when the property deposited, and afterwards injured or lost, is an animal.

The Cambridge Bible for Schools and Colleges (gen. ed. J. J. S. Perowne; Cambridge University Press, 1878–1918) — public domain. Text from a community e-Sword module.

If a man deliver to his neighbour an ass, or an ox, or a sheep, or any beast to keep,.... And he keeps it without a reward, as the Targum of Jonathan; but Jarchi and Aben Ezra more rightly interpret this of one that keeps for hire, as herdsmen, shepherds, &c. The Jews say (t) there are"four sorts of keepers; he that keeps for nought (or freely), he that borrows, he that takes hire, and he that hires; he that keeps for nought swears in all cases (and is free), he that borrows pays for all (that is lost or stolen, &c.) he that takes hire, and he that hires, swear on account of that which is torn, or carried away, or dies, and they pay for that which is lost or stolen,''which are the cases after supposed:

and it die; either of the above, or any other under the care of another; that is, dies of itself, not being killed by any, and its death sudden, and not easily accounted for:

or be hurt; receive any damage in any part, though it die not; or "be broken" (u); have any of its limbs or bones broken; or be torn by a wild beast, as the Targum of Jonathan adds:

or driven away; from the flock or herd by thieves or robbers, or rather carried captive by an enemy in an hostile way, see Exo 22:12,

no man seeing it; die, or be hurt, or carried off; and so, as the above Targum paraphrases it, there is no witness that sees and can bear witness, that is, to any of the said things which have happened to it.

(t) Misn. Bava Metzia, c. 7. sect. 8. (u) "confractum", Pagninus, Montanus; "fractum", Junius & Tremelius, Piscator, Drusius; so Ainsworth.

John Gill's Exposition of the Whole Bible (1746–1763) — public domain (CC PDM 1.0). Text via the HelloAO Bible API.

This law appears to relate chiefly to herdsmen employed by the owners of cattle. When an animal was stolen Exo 22:12, it was presumed either that the herdsman might have prevented it, or that he could find the thief and bring him to justice (see Exo 22:4). When an animal was killed by a wild beast, the keeper had to produce the mangled carcass, not only in proof of the fact, but to show that he had, by his vigilance and courage, deprived the wild beast of its prey.

Albert Barnes' Notes on the Bible (1834–1885) — public domain. Text from a community e-Sword/MySword module.

To keep, as his servant, not freely, but for wages.

Matthew Poole's English Annotations on the Holy Bible (1683–1685) — public domain. Text from a community e-Sword/MySword module.

Vers. 10, 11. If a man deliver unto his neighbour an ass or an ox, etc. The deposit of cattle is unheard of in classical antiquity; but it might well be the usage of a pastoral race. (Gen_47:3) The parallelism of the verse with verse 6 indicates that a deposit of the same kind is intended. If it die, or be hurt, or driven away. The deposited beast might "die" naturally; or "he hurt" by a wild beast or a fall; or be "driven away "by thieves, without anyone seeing what had happened. In that case, if the man to whom the animal was entrusted would swear that he was no party to its disappearance, the owner had to put up with the loss.

The Pulpit Commentary (1880–1919), ed. H.D.M. Spence-Jones & Joseph S. Exell — public domain. Text from a community e-Sword module.

If an animal entrusted to a neighbour to take care of had either died or hurt itself (נשׁבּר, broken a limb), or been driven away by robbers when out at grass (Ch1 5:21; Ch2 14:14, cf. Job 1:15, Job 1:17), without any one (else) seeing it, an oath was to be taken before Jehovah between both (the owner and the keeper of it), "whether he had not stretched out his hand to his neighbour's property," i.e., either killed, or mutilated, or disposed of the animal. This case differs from the previous one, not only in the fact that the animal had either become useless to the owner or was altogether lost, but also in the fact that the keeper, if his statement were true, had not been at all to blame in the matter. The only way in which this could be decided, if there was ראה אין, i.e., no other eye-witness present than the keeper himself at the time when the fact occurred, was by the keeper taking an oath before Jehovah, that is to say, before the judicial court. And if he took the oath, the master (owner) of it (the animal that had perished, or been lost or injured) was to accept (sc., the oath), and he (the accused) was not to make reparation. "But if it had been stolen מעמּו from with him (i.e., from his house or stable), he was to make it good," because he might have prevented this with proper care (cf. Gen 31:39). On the other hand, if it had been torn in pieces (viz., by a beast of prey, while it was out at grass), he was not to make any compensation, but only to furnish a proof that he had not been wanting in proper care. עד יבאהוּ "let him bring it as a witness," viz., the animal that had been torn in pieces, or a portion of it, from which it might be seen that he had chased the wild beast to recover its prey (cf. Sa1 17:34-35; Amo 3:12).

Keil & Delitzsch — Biblical Commentary on the Old Testament (1861–1891) — public domain (CC PDM 1.0). Text via the HelloAO Bible API. (Old Testament only.)

an oath to Yahweh must be taken by them both

Only the man who is accused of stealing the animal must swear the oath. The owner of the lost animal must accept the oath that has been sworn. This can be stated in active form. AT: "the man who was caring for the animal must swear an oath before Yahweh and the owner must accept that oath" (See: Active or Passive)

But if it was stolen from him

This can be stated in active form. AT: "But if someone stole the animal from him" (See: Active or Passive)

If an animal was torn in pieces

This can be stated in active form. AT: "But if a wild beast tore the animal in pieces" (See: Active or Passive)

He will not have to pay for what was torn

This can be stated in active form. AT: "He will not have to pay for the animal that the wild beast destroyed" (See: Active or Passive)

translationWords

neighbor

donkey

cow

ewe

die

wrong

oath

Yahweh

unfoldingWord translationNotes — © Distant Shores Media and the Door43 World Missions Community, licensed CC BY-SA 4.0. Source: git.door43.org/Door43/en_tn.

שבעת ה׳ תהיה THEN SHALL THE OATH OF THE LORD BE BETWEEN THEM BOTH — i. e. he (the bailee) must take an oath that the case was as he says (that it died or was injured or captured), and also that he had not previously put forth his hand against it (the object), using it for his own purposes. For if he had thus “put forth his hand” and afterwards some accident, as described, happened to it he is held liable for loss by accident (Bava Metzia 94b), since he has broken the terms of the contract. —

ולקח בעליו AND THE OWNER OF IT SHALL ACCEPT IT — i. e. shall accept the oath (Bava Kamma 106a),

ולא ישלם AND HE — the bailee — SHALL NOT PAY HIM (the bailor) anything, not even the capital (קרן).

Rashi on the Tanakh — English translations: “The Judaica Press complete Tanach with Rashi, translated by A. J. Rosenberg” (CC BY 4.0); “Pentateuch with Rashi's commentary by M. Rosenbaum and A.M. Silbermann, 1929-1934” (public domain); “The Metsudah Tanach series, Lakewood, N.J” (CC BY 4.0); and “The Book of Joshua, Metsudah Publications, 1997” (CC BY 4.0). Text via Sefaria.