Exodus 22:10

10 " 'If a man gives to his neighbor a donkey or an ox or small livestock or any beast to watch over and it dies or is injured or is captured [when] there is no one who sees,

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 found, the owner of the house will be brought {to the sanctuary} [to learn] whether or not he reached out his hand to his neighbor's possession.

9 Concerning every account of transgression--concerning an ox, concerning a donkey, concerning small livestock, concerning clothing, concerning all lost property--where [someone] says, "This belongs to me," the matter of the two of them will come to God; whomever God declares guilty will make double restitution to his neighbor.

10 " 'If a man gives to his neighbor a donkey or an ox or small livestock or any beast to watch over and it dies or is injured or is captured [when] there is no one who sees,

11 the oath of Yahweh will be between the two of them [concerning] whether or not he has reached out his hand to his neighbor's possession, and its owner will accept [this], and he will not make restitution.

12 But if indeed it was stolen from him, he will make restitution to its owner.