Exodus 22:12

12 But if, in fact, the animal was stolen from his custody, he must make restitution to its owner.

Exodus 22:12 Meaning and Commentary

Exodus 22:12

And if it be stolen from him
Or "but if" ^F24 it was taken away by theft; and that "from with him" ^F25, as it may be literally rendered, from among his own cattle, and they not taken; and he being present, pretending to have an eye upon them and keep them, but was careless and negligent, at least, if he did not connive at the theft:

he shall make restitution to the owner thereof;
for in such a case there was ground for suspicion of fraud; however, there was apparent carelessness, and it was but just he should make restitution, since he had hire or wages for keeping it; which is the reason Aben Ezra gives for it, and is suggested by the Targum of Jonathan; which adds to the former clause, by way of explanation,

``that which was with him to be kept for a reward.''

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FOOTNOTES:

F24 (Ma yk) "si autem", Drusius.
F25 (wmem) "e cum eo", Montanus.

Exodus 22:12 In-Context

10 "When a man gives his neighbor a donkey, an ox, a sheep, or any [other] animal to care for, but it dies, is injured, or is stolen, while no one is watching,

11 there must be an oath before the Lord between the two of them to determine whether or not he has taken his neighbor's property. Its owner must accept [the oath], and the other man does not have to make restitution.

12 But if, in fact, the animal was stolen from his custody, he must make restitution to its owner.

13 If it was actually torn apart [by a wild animal], he is to bring it as evidence; he does not have to make restitution for the torn carcass.

14 "When a man borrows [an animal] from his neighbor, and it is injured or dies while its owner is not there with it, the man must make full restitution.