If the thief be not found .—It is not clear what was to be done in this case. Kalisch supposes that it came under the law of the oath ( Exodus 22:10 ), and that if the man entrusted with the deposit swore that he had not embezzled it, he was let go free. But as stolen cattle were to be compensated for to the owner ( Exodus 22:12 ), it would seem to be more consistent that stolen money or chattels should also have been made good. read more
It would appear that if the master of the house would clear himself of imputation, the loss of the pledged article fell upon its owner. read more
Exodus 22:7-13. If a man deliver goods, suppose to a carrier to be conveyed, or to a warehouse-keeper to be preserved, or cattle to a farmer to be fed, upon a valuable consideration, and a special confidence reposed in the person they are lodged with, in case these goods be stolen or lost, perish or be damaged, if it appear that it was not by any fault of the trustee, the owner must stand to the loss; otherwise, he that has been false to his trust must be compelled to make satisfaction. read more
Laws about repayment (22:1-17)A convicted thief had to return stolen goods and pay a fine in the form of an additional compensation to the owner. The more serious the crime, the heavier the fine. If the thief could not make the payment, he himself became the payment by becoming the slave of the one whose goods he had stolen. It was not lawful to kill a thief caught in the act, unless at night, when self-defence could make such action excusable. Normally the thief was to be captured and brought... read more
"If a man shall deliver unto his neighbor money or stuff to keep, and it be stolen out of the man's house; if the thief be found, he shall pay double. If the thief be not found, then the master of the house shall come near unto God, to see whether he have not put his hand unto his neighbor' s goods. For every matter of trespass, whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing, whereof one saith, This is it, the cause of both parties shall come before God;... read more
Next we have four cases involving property held in custody. In the Hammurabi Code the penalty for losing or allowing a thief to steal what someone else had committed to one’s trust was death [Note: Ibid., section 9.] as was falsely accusing someone of this crime. [Note: Ibid., section 11.] The Torah required only twofold payment in both situations (Exodus 22:9).Second, if what someone entrusted to his neighbor for safekeeping perished by accident (Exodus 22:10-13) the neighbor was not... read more
The Book of the Covenant (continued)1. Four sheep] The larger compensation required in the case of the ox is probably due to the fact that it is an animal used for labour, and of proportionately higher value, therefore, than a sheep: cp. 2 Samuel 12:6. 2. Breaking up] RV ’breaking in.’ 3. If the sun be risen upon him] i.e. if the housebreaking be committed in daylight. The nocturnal burglar is more dangerous and cannot be so easily detected. In a case of daylight robbery it is less necessary to... read more
(7) If a man shall deliver unto his neighbour money or stuff to keep.—The practice of making deposits of this kind was widespread among ancient communities, where there were no professional bankers or keepers of warehouses. The Greeks called such a deposit παρακαταθήκη. It was usually made in money, or at any rate in the precious metals. A refusal to restore the thing deposited was very rare, since a special nemesis was considered to punish such conduct (Herod, vii. 86). However, at Athens it... read more
(7-13) Property deposited in the hands of another for safe keeping might be so easily embezzled by the trustee, or lost through his negligence, that some special laws were needed for its protection. Conversely the trustee required to be safe-guarded against incurring loss if the property intrusted to his care suffered damage or disappeared without fault of his. The Mosaic legislation provided for both cases. On the one hand, it required the trustee to exercise proper care, and made him... read more
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The Pulpit Commentary - Exodus 22:7-13
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