If a man shall deliver unto his neighbour money or stock
Without any reward for keeping it, as the Targum of Jonathan; and so other Jewish writers F16 understand this passage of such as keep a deposit freely, having nothing for it; whether it be money or goods, gold, silver, jewels, raiment, household stuff or any kind of vessels or instruments used in the house, or in trade; and also cattle, as appears from ( Exodus 22:9 )
and if it be stolen out of the man's house;
into whose custody it was delivered:
if the thief be found, let him pay double: the worth of
what is stolen,
agreeably to the law in ( Exodus 22:4 ) that is, if it was found in his hands; but if he had disposed of it, then he was to pay five fold or four fold, as in ( Exodus 22:1 ) , and so runs the Jewish canon F17,
``if anyone delivers to his neighbour a beast or vessels, and they are stolen or lost, he shall make restitution; but if he will not swear, for they say, one that keeps for nothing, may swear and be free; then if the thief should be found he shall pay double; if he has killed or sold, he shall pay four fold or five fold: to whom shall he pay? to him with whom the depositum is: if he swears, and will not pay, and the thief is found, he shall pay double; if he has killed or sold he shall pay four fold and five fold: to whom shall he pay? to the owner of the depositum.''
F16 Jarchi in ver. 10. Bartenora in Misn. Shebuot, c. 6. sect. 5.
F17 Misn. Bava Metzia, c. 3. sect. 1.