Exodus 22:10

10 If a man shall deliver to his neighbor an ass, or an ox, or a sheep, or any beast to keep; and it shall die, or be hurt, or driven away, no man seeing [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 shall not be found, then the master of the house shall be brought to the judges, [to see] whether he hath put his hand to his neighbor's goods.
9 For all manner of trespass, [whether it be] for ox, for ass, for sheep, for raiment, [or] for any manner of lost thing which [another] challengeth to be his: the cause of both parties shall come before the judges; [and] he whom the judges shall condemn, shall pay double to his neighbor.
10 If a man shall deliver to his neighbor an ass, or an ox, or a sheep, or any beast to keep; and it shall die, or be hurt, or driven away, no man seeing [it]:
11 [Then] shall an oath of the LORD be between them both, that he hath not put his hand to his neighbor's goods; and the owner of it shall accept of it, and he shall not make restitution.
12 And if it shall be stolen from him, he shall make restitution to the owner of it.
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