Exodus 22:9
Context22:9 In all cases of illegal possessions, 1 whether for an ox, a donkey, a sheep, a garment, or any kind of lost item, about which someone says ‘This belongs to me,’ 2 the matter of the two of them will come before the judges, 3 and the one whom 4 the judges declare guilty 5 must repay double to his neighbor.
Exodus 22:12
Context22:12 But if it was stolen 6 from him, 7 he will pay its owner.
Exodus 21:33-34
Context21:33 “If a man opens a pit or if a man digs a pit and does not cover it, and an ox or a donkey falls into it, 21:34 the owner of the pit must repay 8 the loss. He must give money 9 to its owner, and the dead animal 10 will become his.
[22:9] 1 tn Heb “concerning every kind [thing] of trespass.”
[22:9] 2 tn The text simply has “this is it” (הוּא זֶה, hu’ zeh).
[22:9] 4 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] 5 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.
[22:12] 6 tn Both with this verb “stolen” and in the next clauses with “torn in pieces,” the text uses the infinitive absolute construction with less than normal emphasis; as Gesenius says, in conditional clauses, an infinitive absolute stresses the importance of the condition on which some consequence depends (GKC 342-43 §113.o).
[22:12] 7 sn The point is that the man should have taken better care of the animal.
[21:34] 8 tn The verb is a Piel imperfect from שָׁלַם (shalam); it has the idea of making payment in full, making recompense, repaying. These imperfects could be given a future tense translation as imperfects of instruction, but in the property cases an obligatory imperfect fits better – this is what he is bound or obliged to do – what he must do.