Exodus 22:8-11

22:8 If the thief is not caught, ¹  then the owner of the house will be brought before the judges ²  to see ³  whether he has laid ⁴  his hand on his neighbor’s goods. 22:9 In all cases of illegal possessions, ⁵  whether for an ox, a donkey, a sheep, a garment, or any kind of lost item, about which someone says ‘This belongs to me,’ ⁶  the matter of the two of them will come before the judges, ⁷  and the one whom ⁸  the judges declare guilty ⁹  must repay double to his neighbor. 22:10 If a man gives his neighbor a donkey or an ox or a sheep or any beast to keep, and it dies or is hurt ¹⁰  or is carried away ¹¹  without anyone seeing it, ¹²  22:11 then there will be an oath to the Lord ¹³  between the two of them, that he has not laid his hand on his neighbor’s goods, and its owner will accept this, and he will not have to pay.

[22:8]  ¹ tn Heb “found.”

[22:8]  ² tn Here again the word used is “the gods,” meaning the judges who made the assessments and decisions. In addition to other works, see J. R. Vannoy, “The Use of the Word ha’elohim in Exodus 21:6 and 22:7,8,” The Law and the Prophets, 225-41.

[22:8]  ³ tn The phrase “to see” has been supplied.

[22:8]  ⁴ tn The line says “if he has not stretched out his hand.” This could be the oath formula, but the construction here would be unusual, or it could be taken as “whether” (see W. C. Kaiser, Jr., “Exodus,” EBC 2:438). U. Cassuto (Exodus, 286) does not think the wording can possibly fit an oath; nevertheless, an oath would be involved before God (as he takes it instead of “judges”) – if the man swore, his word would be accepted, but if he would not swear, he would be guilty.

[22:9]  ⁵ tn Heb “concerning every kind [thing] of trespass.”

[22:9]  ⁶ tn The text simply has “this is it” (הוּא זֶה, hu’ zeh).

[22:9]  ⁷ tn Again, or “God.”

[22:9]  ⁸ tn This kind of clause Gesenius calls an independent relative clause – it does not depend on a governing substantive but itself expresses a substantival idea (GKC 445-46 §138.e).

[22:9]  ⁹ tn The verb means “to be guilty” in Qal; in Hiphil it would have a declarative sense, because a causative sense would not possibly fit.

[22:10]  ¹⁰ tn The form is a Niphal participle from the verb “to break” – “is broken,” which means harmed, maimed, or hurt in any way.

[22:10]  ¹¹ tn This verb is frequently used with the meaning “to take captive.” The idea here then is that raiders or robbers have carried off the animal.

[22:10]  ¹² tn Heb “there is no one seeing.”

[22:11]  ¹³ tn The construct relationship שְׁבֻעַת יְהוָה (shÿvu’at yÿhvah, “the oath of Yahweh”) would require a genitive of indirect object, “an oath [to] Yahweh.” U. Cassuto suggests that it means “an oath by Yahweh” (Exodus, 287). The person to whom the animal was entrusted would take a solemn oath to Yahweh that he did not appropriate the animal for himself, and then his word would be accepted.