Exodus 22:10

10 "This is what you must do whenever someone gives his neighbor a donkey, a bull, a sheep, or any other kind of animal to keep for him, and it dies, is injured, or is captured in war, and there are no witnesses.

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 the thief is not caught, the owner of the house must be brought to God to find out whether or not he took his neighbor's valuables.

9 If there is a dispute over the ownership of a bull, a donkey, a sheep, an article of clothing, or any [other] lost property which two people claim as their own, both people must bring their case to God. The one whom God declares guilty must make up for his neighbor's loss with double the amount.

10 "This is what you must do whenever someone gives his neighbor a donkey, a bull, a sheep, or any other kind of animal to keep for him, and it dies, is injured, or is captured in war, and there are no witnesses.

11 The case between them must be settled by swearing an oath to the LORD that the neighbor did not take the other person's animal. The owner must accept the oath. The neighbor doesn't have to make up for the loss.

12 But if the animal was stolen from the neighbor, he must make up for the owner's loss.