If the thief is not caught, the owner of the house must present himself to the judges to determine whether or not he has taken his neighbor's property.
Exodus 22:8 In-Context
“If a fire breaks out and spreads into thornbushes so that it burns shocks of grain or standing grain or the whole field, the one who started the fire must make restitution.
“If anyone gives a neighbor silver or goods for safekeeping and they are stolen from the neighbor’s house, the thief, if caught, must pay back double.
But if the thief is not found, the owner of the house must appear before the judges, and they must determine whether the owner of the house has laid hands on the other person’s property.
In all cases of illegal possession of an ox, a donkey, a sheep, a garment, or any other lost property about which somebody says, ‘This is mine,’ both parties are to bring their cases before the judges. The one whom the judges declare guilty must pay back double to the other.
“If anyone gives a donkey, an ox, a sheep or any other animal to their neighbor for safekeeping and it dies or is injured or is taken away while no one is looking,
Cross References 1
S Exodus 21:6; Deuteronomy 17:8-9; Deuteronomy 19:17