Exodus 22:10

10 "If someone gives a donkey or ox or lamb or any kind of animal to another for safekeeping and it dies or is injured or lost and there is no witness,

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.

---

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 must be brought before God to determine whether the owner was the one who took the neighbor's goods.

9 "In all cases of stolen goods, whether oxen, donkeys, sheep, clothing, anything in fact missing of which someone says, 'That's mine,' both parties must come before the judges. The one the judges pronounce guilty must pay double to the other.

10 "If someone gives a donkey or ox or lamb or any kind of animal to another for safekeeping and it dies or is injured or lost and there is no witness,

11 an oath before God must be made between them to decide whether one has laid hands on the property of the other. The owner must accept this and no damages are assessed.

12 But if it turns out it was stolen, the owner must be compensated.