(10) And it die, or be hurt, or driven away.--The animal might "die" naturally, or "be hurt" by a wild beast or a fall down the rocks, or "be driven away" by the marauding tribes of the desert. Both parties might be agreed on the fact of its disappearance; the dispute would be as to the mode of the disappearance. Here the trustee might bring proof, if he could (Exodus 22:13); if not, he might clear himself by an "oath of the Lord" (Exodus 22:11).
Verses 10, 11. - If a man deliver unto his neighbour an ass or an ox, etc. - The deposit of cattle is unheard of in classical antiquity; but it might well be the usage of a pastoral race (Genesis 47:3). The parallelism of the verse with verse 6 indicates that a deposit of the same kind is intended. If it die, or be hurt, or driven away. - The deposited beast might "die" naturally; or "he hurt" by a wild beast or a fall; or be "driven away "by thieves, without anyone seeing what had happened. In that case, if the man to whom the animal was entrusted would swear that he was no party to its disappearance, the owner had to put up with the loss.
22; 1 - 31 Judicial laws. - The people of God should ever be ready to show mildness and mercy, according to the spirit of these laws. We must answer to God, not only for what we do maliciously, but for what we do heedlessly. Therefore, when we have done harm to our neighbour, we should make restitution, though not compelled by law. Let these scriptures lead our souls to remember, that if the grace of God has indeed appeared to us, then it has taught us, and enabled us so to conduct ourselves by its holy power, that denying ungodliness and wordly lusts, we should live soberly, righteously, and godly in this present world, Titus 2:12. And the grace of God teaches us, that as the Lord is our portion, there is enough in him to satisfy all the desires of our souls.
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, &c. The Jews say (t) 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, &c.) 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" (u); 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.
(t) Misn. Bava Metzia, c. 7. sect. 8. (u) "confractum", Pagninus, Montanus; "fractum", Junius & Tremelius, Piscator, Drusius; so Ainsworth.
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" (u); 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.
(t) Misn. Bava Metzia, c. 7. sect. 8. (u) "confractum", Pagninus, Montanus; "fractum", Junius & Tremelius, Piscator, Drusius; so Ainsworth.