Exodus 22:10

10 If a man deliver ass, ox, sheep, or any beast, to his neighbour’s custody, and it die, or be hurt, or be taken by enemies, and no man saw it:

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 be not known, the master of the house shall be brought to the gods, and shall swear that he did not lay his hand upon his neighbour’s goods,
9 To do any fraud, either in ox, or in ass, or sheep, or raiment, or any thing that may bring damage: the cause of both parties shall come to the gods: and if they give judgment, he shall restore double to his neighbour.
10 If a man deliver ass, ox, sheep, or any beast, to his neighbour’s custody, and it die, or be hurt, or be taken by enemies, and no man saw it:
11 There shall be an oath between them, that he did not put forth his hand to his neighbour’s goods: and the owner shall accept of the oath, and he shall not be compelled to make restitution.
12 But if it were taken away by stealth, he shall make the loss good to the owner.
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