Page:Keil and Delitzsch,Biblical commentary the old testament the pentateuch, trad James Martin, volume 1, 1885.djvu/656

 to cleanse himself of the suspicion of having fraudulently appropriated what had been entrusted to him; and in most cases this could probably be only done by an oath of purification. The Sept. and Vulg. both point to this by interpolating καὶ ὀμεῖται, et jurabit (“and he shall swear”), though we are not warranted in supplying ויּשּׁבע in consequence. For, apart from the fact that אם־לא is not to be regarded as a particle of adjuration here, as Rosenmüller supposes, since this particle signifies “truly” when employed in an oath, and therefore would make the declaration affirmative, whereas the oath was unquestionably to be taken as a release from the suspicion of fraudulent appropriation, and in case of confession an oath was not requisite at all; - apart from all this, if the lawgiver had intended to prescribe an oath for such a case, he would have introduced it here, just as he has done in Exo 22:11. If the man could free himself before the court from the suspicion of unfaithfulness, he would of course not have to make compensation for what was lost, but the owner would have to bear the damage. This legal process is still further extended in Exo 22:9 : על־כּל־דּבר־פּשׁע, “upon every matter of trespass” (by which we are to understand, according to the context, unfaithfulness with regard to, or unjust appropriation of, the property of another man, not only when it had been entrusted, but also if it had been found), “for ox, for ass, etc., or for any manner of lost thing, of which one says that it is this (“this,” viz., the matter of trespass), the cause of both (the parties contending about the right of possession) shall come to the judicial court; and he whom the court (Elohim) shall pronounce guilty (of unjust appropriation) shall give double compensation to his neighbour: only double as in Exo 22:4 and Exo 22:7, not four or fivefold as in Exo 22:1, because the object in dispute had not been consumed.

verses 10-13
If an animal entrusted to a neighbour to take care of had either died or hurt itself (נשׁבּר, broken a limb), or been driven away by robbers when out at grass (1Ch 5:21; 2Ch 14:14, cf. Job 1:15, Job 1:17), without any one (else) seeing it, an oath was to be taken before Jehovah between both (the owner and the keeper of it), “whether he had not stretched out his hand to his neighbour's property,” i.e., either killed, or mutilated, or disposed of the animal. This case differs from the previous one, not only in the fact that the animal had either become useless to the owner