Exodus 22:9

Exo 22:9 For all manner of trespass, [whether it be] for ox, for ass, for sheep, for raiment, [or] for any manner of lost thing, which [another] challengeth to be his, the cause of both parties shall come before the judges; [and] whom the judges shall condemn, he shall pay double unto his neighbour.

Ver. 9. Before the judges.] Heb., The gods: so judges are called, if good especially. {Psa 82:6} And the seat of judicature is called the holy place. {Ecc 8:10}

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.

Verse 9. Challengeth to be his] It was necessary that such a matter should come before the judges, because the person in whose possession the goods were found might have had them by a fair and honest purchase; and, by sifting the business, the thief might be found out, and if found, be obliged to pay double to his neighbour.

Adam Clarke's Commentary on the Bible (1810–1826) — public domain. Text from a community e-Sword/MySword module.

(9) For all manner of trespass.—Rather, in every case of fraud. The context limits the expression to cases of fraud, or alleged fraud, in connection with a deposit.

For ox, for ass, for sheep.—The deposit of animals is unknown in classical antiquity, but might well be the custom of a people whose wealth consisted in flocks and herds. In the wilderness small proprietors might have been glad to intrust their few animals to the herdsmen who guarded the flocks and herds of their wealthier neighbours.

Which another challengeth to be his.—The case is supposed of the trustee saying a thing is lost which the depositor declares he can identify, and show to be still in his (the trustee’s) possession.

The cause of both parties shall come before the judges.—This seems to mean that the challenge was to be made at the challenger’s risk. If he proved his point to the satisfaction of the judges, he was to recover double; if he failed, he was to forfeit double of what he had claimed.

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

9. Extension of the principle of v. 8 to all cases of suspected misappropriation of property, whether arising out of a ‘deposit,’ or not.

any manner of lost thing] which is found, it is implied, suspiciously in the possession of another.

This is it] viz. the thing that I have lost.

he whom, &c.] i.e. whoever, in such a case, is convicted of being in the unlawful possession of property. How the conviction was effected, is not stated: perhaps the oath was only one element in a judicial enquiry; perhaps it was accompanied by an ordeal, and if this was not passed successfully, it was regarded as God’s condemnation.

double] as in vv. 4, 7; not fourfold (v. 1), the disputed article being still, in the general case assumed in v. 9, in the possession of the party accused.

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.

For all manner of trespass,.... With respect to what is committed to a man's trust, and it is lost to the owner of it, there must be somewhere or other a trespass committed, either by the person into whose hands it was put, or by a thief that has stolen it from him:

whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing by which it appears that either of these, or any other cattle not named, as well as money and vessels, or household goods, or goods in trade, were sometimes, or might be lodged in the hands of another as a depositum for safety or convenience; and for which, or any other so deposited, and lost:

which another challengeth to be his, or affirms that he put into the hands of his neighbour, to be kept by him for him; "or who shall say this is he", or "he is" the person into whose hands I put it, or this is "it" (r); such and such were the thing or things I delivered to him:

the cause of both parties shall come before the judges; who were to hear what each party had to say, and to examine the witnesses each of them brought, and consider the nature of the evidence given, and to judge and determine:

and whom the judges shall condemn; or "pronounce wicked" (s), as having done a wicked thing; either the one as having brought a false accusation against his neighbour, charging him with a depositum he never had, or the other as having converted it to his own use:

he shall pay double unto his neighbour; either the depositor, who pretended to be so and was not, but brought a false charge against his neighbour, or a false witness, as Jarchi, such as one was to pay double to the person charged wrongfully; or, on the other hand, the person with whom the depositum was put, if it appeared that he had acted a fraudulent part, and abused his trust, then he was to pay double to the depositor.

(r) "qui dixerit quod illud hoc", Montanus; "quum dixerit illud ipsum esse", Junius & Tremellius; "de qua dixerit aliquis illum ipsum esse", Piscator; so Ainsworth. (s) Vid. Ainsworth.

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

All manner of trespass - He who was accused, and he who had lost the stolen property, were both to appear before the judges Exo 18:25-26.

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

Damage. Hebrew, "thing lost, which another challengeth.…and whom the judges condemn, he," &c. If the person who had deposited a thing, pretended that the one produced was not the same, or not equally good, and failed in proving the charge, he was liable to pay double its value. (Calmet)

George Leo Haydock (1774–1849), Haydock's Catholic Family Bible and Commentary, 1859 edition — public domain. Excludes Psalms (Douay-Rheims chapter numbering differs from Protestant) and Deuterocanonical books (Catholic canon only).

All manner of trespass, to wit, about matters deposited upon trust, and lost, of which alone this place speaks.

Which another challengeth to be his; or, when, or concerning which he shall say, This is it, viz. the thing that I have lost; or rather, This is he, to whom I committed it, and whom I suspect and charge as guilty.

Whom the judges shall condemn; whether the person with whom the things were deposited, if they judged him guilty of theft, or the depositor, if he were convicted of a false accusation.

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

For all manner of trespass. It has been supposed that this refers to "every case of theft;" but Kalisch is probably right in restricting it to cases where a person was accused of having embezzled property committed to his care. He was in that case to appear before the judges, (Exo_18:23) together with his accuser, and to clear himself if he could. When he failed to do so, and was "condemned," he was bound to restore double. Which another challenges to be his. Rather, "which a man challenges to be the very thing" (that he deposited). The ease is supposed of the depositor being able to point out that the person to whom he entrusted the deposit has it still in his keeping.

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

כי יתן איש אל רעהו חמור או שור IF A MAN GIVE UNTO HIS FELLOW-MAN AN ASS OR AN OX — The first section (v. 6—9) speaks of the gratuitous bailee and therefore (since the chattels are kept for the use of the bailor only) Scripture frees him of liability for theft, as it is written, (v. 6) “[If a man shall give … to keep] and it be stolen out of the man’s house, if the thief be not found, then the owner of the house shall approach the judges” to take an oath (cf. Rashi v. 7). You may learn from this that he (the bailee) frees himself from liability by this oath. This section (v. 9—12), however, speaks of a “bailee for payment” (שומר שכר) who is therefore not free from liability if the object has been stolen, as it is written, “but if it be certainly stolen from him, he shall pay [unto the owner thereof]” (Bava Metzia 94b). However, for any loss over which he has no control — if, for instance, the animal died a natural death or has been injured by a wild beast, or forcibly seized by robbers, and אין רואה NO ONE SEEING IT that could testify in this matter

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.