Exodus 22:10

10 If any man betaketh to his neighbour ox, ass, sheep, and all work beast to keeping, and it is dead, or is made feeble, or is taken of enemies, and no man seeth this, (If anyone taketh an ox, a donkey, a sheep, or any work beast, to his neighbour for safe keeping, and it dieth, or is hurt, or is taken by enemies, but no one seeth this,)

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.

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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 (But) If the thief is hid(den), or unknown, the lord of the house that received that good shall be brought to the gods, that is, to (the) judges, and he shall swear, that he held not forth his hand into his neighbour's thing, to defraud (and he shall swear, that he did not put forth his hand to his neighbour's thing, to defraud him);

9 as well in ox, as in ass, and in sheep, and in cloth; and in whatever thing may bring in harm, the cause of ever either shall come to the judges, and if they deem him guilty, he shall restore the double to his neighbour. (and with any ox, or donkey, or sheep, or cloak, or whatever thing which may be claimed by two people, the case shall come to the judges, and whom they judge guilty, he shall restore double to his neighbour.)

10 If any man betaketh to his neighbour ox, ass, sheep, and all work beast to keeping, and it is dead, or is made feeble, or is taken of enemies, and no man seeth this, (If anyone taketh an ox, a donkey, a sheep, or any work beast, to his neighbour for safe keeping, and it dieth, or is hurt, or is taken by enemies, but no one seeth this,)

11 an oath shall be in the midst, that he held not forth his hand to the impairing of his neighbour's thing; and the lord that owned that good shall receive his oath, and he to whom it was taken shall not be compelled to yield, or restore it. (he shall make an oath before all, that he did not put forth his hand to the impairment of his neighbour's thing; and the lord who owned that thing shall receive his oath, and then he to whom the thing was given shall not be compelled to yield any recompense for it, or to restore it.)

12 That if it is taken away by theft, he shall restore the harm to the lord; (But if it is taken away by theft, he shall yield recompense to its lord for it;)