(9) For all manner of trespass.--Rather, in every case of fraud. The context limits the expression to cases of fraud, or alleged fraud, in connection with a deposit.
For ox, for ass, for sheep.--The deposit of animals is unknown in classical antiquity, but might well be the custom of a people whose wealth consisted in flocks and herds. In the wilderness small proprietors might have been glad to intrust their few animals to the herdsmen who guarded the flocks and herds of their wealthier neighbours.
Which another challengeth to be his.--The case is supposed of the trustee saying a thing is lost which the depositor declares he can identify, and show to be still in his (the trustee's) possession.
The cause of both parties shall come before the judges.--This seems to mean that the challenge was to be made at the challenger's risk. If he proved his point to the satisfaction of the judges, he was to recover double; if he failed, he was to forfeit double of what he had claimed.
Verse 9. - For all manner of trespass. - It has been supposed that this refers to "every case of theft;" but Kalisch is probably right in restricting it to cases where a person was accused of having embezzled property committed to his care. He was in that case to appear before the judges (Exodus 18:23), together with his accuser, and to clear himself if he could. When he failed to do so, and was "condemned," he was bound to restore double. Which another challenges to be his. - Rather, "which a man challenges to be the very thing" (that he deposited). The case is supposed of the depositor being able to point out that the person to whom he entrusted the deposit has it still in his keeping.
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.
For all manner of trespass,.... With respect to what is committed to a man's trust, and it is lost to the owner of it, there must be somewhere or other a trespass committed, either by the person into whose hands it was put, or by a thief that has stolen it from him:
whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing by which it appears that either of these, or any other cattle not named, as well as money and vessels, or household goods, or goods in trade, were sometimes, or might be lodged in the hands of another as a depositum for safety or convenience; and for which, or any other so deposited, and lost:
which another challengeth to be his, or affirms that he put into the hands of his neighbour, to be kept by him for him; "or who shall say this is he", or "he is" the person into whose hands I put it, or this is "it" (r); such and such were the thing or things I delivered to him:
the cause of both parties shall come before the judges; who were to hear what each party had to say, and to examine the witnesses each of them brought, and consider the nature of the evidence given, and to judge and determine:
and whom the judges shall condemn; or "pronounce wicked" (s), as having done a wicked thing; either the one as having brought a false accusation against his neighbour, charging him with a depositum he never had, or the other as having converted it to his own use:
he shall pay double unto his neighbour; either the depositor, who pretended to be so and was not, but brought a false charge against his neighbour, or a false witness, as Jarchi, such as one was to pay double to the person charged wrongfully; or, on the other hand, the person with whom the depositum was put, if it appeared that he had acted a fraudulent part, and abused his trust, then he was to pay double to the depositor.
(r) "qui dixerit quod illud hoc", Montanus; "quum dixerit illud ipsum esse", Junius & Tremellius; "de qua dixerit aliquis illum ipsum esse", Piscator; so Ainsworth. (s) Vid. Ainsworth.
For ox, for ass, for sheep.--The deposit of animals is unknown in classical antiquity, but might well be the custom of a people whose wealth consisted in flocks and herds. In the wilderness small proprietors might have been glad to intrust their few animals to the herdsmen who guarded the flocks and herds of their wealthier neighbours.
Which another challengeth to be his.--The case is supposed of the trustee saying a thing is lost which the depositor declares he can identify, and show to be still in his (the trustee's) possession.
The cause of both parties shall come before the judges.--This seems to mean that the challenge was to be made at the challenger's risk. If he proved his point to the satisfaction of the judges, he was to recover double; if he failed, he was to forfeit double of what he had claimed.
whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing by which it appears that either of these, or any other cattle not named, as well as money and vessels, or household goods, or goods in trade, were sometimes, or might be lodged in the hands of another as a depositum for safety or convenience; and for which, or any other so deposited, and lost:
which another challengeth to be his, or affirms that he put into the hands of his neighbour, to be kept by him for him; "or who shall say this is he", or "he is" the person into whose hands I put it, or this is "it" (r); such and such were the thing or things I delivered to him:
the cause of both parties shall come before the judges; who were to hear what each party had to say, and to examine the witnesses each of them brought, and consider the nature of the evidence given, and to judge and determine:
and whom the judges shall condemn; or "pronounce wicked" (s), as having done a wicked thing; either the one as having brought a false accusation against his neighbour, charging him with a depositum he never had, or the other as having converted it to his own use:
he shall pay double unto his neighbour; either the depositor, who pretended to be so and was not, but brought a false charge against his neighbour, or a false witness, as Jarchi, such as one was to pay double to the person charged wrongfully; or, on the other hand, the person with whom the depositum was put, if it appeared that he had acted a fraudulent part, and abused his trust, then he was to pay double to the depositor.
(r) "qui dixerit quod illud hoc", Montanus; "quum dixerit illud ipsum esse", Junius & Tremellius; "de qua dixerit aliquis illum ipsum esse", Piscator; so Ainsworth. (s) Vid. Ainsworth.