Exodus 22:9-11
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. 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 6 or is carried away 7 without anyone seeing it, 8 22:11 then there will be an oath to the Lord 9 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.
[22:9] 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.
[22:10] 6 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] 7 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] 8 tn Heb “there is no one seeing.”
[22:11] 9 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.