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 challenges to be his, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double to his neighbor.
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EXPOSITORY (ENGLISH BIBLE)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.
stacks—or as it is rendered "shocks" (Jud 15:5; Job 5:26), means simply a bundle of loose sheaves.All manner of trespass, to wit, about matters deposited upon trust, and lost, of which alone this place speaks.
Which another challengeth to be his; or, when, or concerning which he shall say, This is it, viz. the thing that I have lost; or rather, This is he, to whom I committed it, and whom I suspect and charge as guilty.
Whom the judges shall condemn; whether the person with whom the things were deposited, if they judged him guilty of theft, or the depositor, if he were convicted of a false accusation.
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.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 whom the judges shall condemn, he shall pay double unto his neighbor.
EXEGETICAL (ORIGINAL LANGUAGES)9. Extension of the principle of v. 8 to all cases of suspected misappropriation of property, whether arising out of a ‘deposit,’ or not.
any manner of lost thing] which is found, it is implied, suspiciously in the possession of another.
This is it] viz. the thing that I have lost.
he whom, &c.] i.e. whoever, in such a case, is convicted of being in the unlawful possession of property. How the conviction was effected, is not stated: perhaps the oath was only one element in a judicial enquiry; perhaps it was accompanied by an ordeal, and if this was not passed successfully, it was regarded as God’s condemnation.
double] as in vv. 4, 7; not fourfold (v. 1), the disputed article being still, in the general case assumed in v. 9, in the possession of the party accused.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. Exodus 22:3), and be smitten so that he die, there shall be no blood to him (the person smiting him); if the sun has risen upon him (the thief breaking in), there is blood to him:" i.e., in the latter case the person killing him drew upon himself blood-guiltiness (דּמים lit., drops of blood, blood shed), in the former case he did not. "The reason for this disparity between a thief by night and one in the day is, that the power and intention of a nightly thief are uncertain, and whether he may not have come for the purpose of committing murder; and that by night, if thieves are resisted, they often proceed to murder in their rage; and also that they can neither be recognised, nor resisted and apprehended with safety" (Calovius). In the latter case the slayer contracted blood-guiltiness, because even the life of a thief was to be spared, as he could be punished for his crime, and what was stolen be restored according to the regulations laid down in Exodus 22:1 and Exodus 22:4. But if he had not sufficient to make retribution, he was to be sold "for his stolen," i.e., for the value of what he had stolen, that he might earn by his labour the compensation to be paid.
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