Exodus 22:10

10 If a man puts an ass or an ox or a sheep or any beast into the keeping of his neighbour, and it comes to death or is damaged or is taken away, without any person seeing it:

Exodus 22:10 Meaning and Commentary

Exodus 22:10

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 The Jews say ^F20 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) 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" ^F21; 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 ( Exodus 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.

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FOOTNOTES:

F20 Misn. Bava Metzia, c. 7. sect. 8.
F21 (rbvn) "confractum", Pagninus, Montanus; "fractum", Junius & Tremelius, Piscator, Drusius; so Ainsworth.

Exodus 22:10 In-Context

8 If they do not get the thief, let the master of the house come before the judges and take an oath that he has not put his hand on his neighbour's goods.

9 In any question about an ox or an ass or a sheep or clothing, or about the loss of any property which anyone says is his, let the two sides put their cause before God; and he who is judged to be in the wrong is to make payment to his neighbour of twice the value.

10 If a man puts an ass or an ox or a sheep or any beast into the keeping of his neighbour, and it comes to death or is damaged or is taken away, without any person seeing it:

11 If he takes his oath before the Lord that he has not put his hand to his neighbour's goods, the owner is to take his word for it and he will not have to make payment for it.

12 But if it is taken from him by a thief, he is to make up for the loss of it to its owner.