14“If a man borrows anything from his neighbor, and it is injured or dies while its owner is not with it, he shall make full restitution. 15“If its owner is with it, he shall not make restitution; if it is hired, it came for its hire.

Sundry Laws

      16“If a man seduces a virgin who is not engaged, and lies with her, he must pay a dowry for her to be his wife. 17“If her father absolutely refuses to give her to him, he shall pay money equal to the dowry for virgins.

      18“You shall not allow a sorceress to live.

      19“Whoever lies with an animal shall surely be put to death.

      20“He who sacrifices to any god, other than to the LORD alone, shall be utterly destroyed.

      21“You shall not wrong a stranger or oppress him, for you were strangers in the land of Egypt. 22“You shall not afflict any widow or orphan. 23“If you afflict him at all, and if he does cry out to Me, I will surely hear his cry; 24and My anger will be kindled, and I will kill you with the sword, and your wives shall become widows and your children fatherless.

      25“If you lend money to My people, to the poor among you, you are not to act as a creditor to him; you shall not charge him interest. 26“If you ever take your neighbor’s cloak as a pledge, you are to return it to him before the sun sets, 27for that is his only covering; it is his cloak for his body. What else shall he sleep in? And it shall come about that when he cries out to Me, I will hear him, for I am gracious.

      28“You shall not curse God, nor curse a ruler of your people.

      29“You shall not delay the offering from your harvest and your vintage. The firstborn of your sons you shall give to Me. 30“You shall do the same with your oxen and with your sheep. It shall be with its mother seven days; on the eighth day you shall give it to Me.

      31“You shall be holy men to Me, therefore you shall not eat any flesh torn to pieces in the field; you shall throw it to the dogs.

Parallel Verses

New American Standard Bible (©1995)
"But if it is actually stolen from him, he shall make restitution to its owner.

GOD'S WORD® Translation (©1995)
But if the animal was stolen from the neighbor, he must make up for the owner's loss.

King James Bible
And if it be stolen from him, he shall make restitution unto the owner thereof.

Douay-Rheims Bible
But if it were taken away by stealth, he shall make the loss good to the owner.

Darby Bible Translation
But if it have been stolen from him, he shall make it good unto its owner.

English Revised Version
But if it be stolen from him, he shall make restitution unto the owner thereof.

Webster's Bible Translation
And if it shall be stolen from him, he shall make restitution to the owner of it.

World English Bible
But if it is stolen from him, he shall make restitution to its owner.

Young's Literal Translation
but if it is certainly stolen from him, he doth repay to its owner;

Cross References

Exodus 22:11 an oath before the LORD shall be made by the two of them that he has not laid hands on his neighbor's property; and its owner shall accept it, and he shall not make restitution.

Exodus 22:13 "If it is all torn to pieces, let him bring it as evidence; he shall not make restitution for what has been torn to pieces.

Commentary

Matthew Henry's Whole Bible Commentary

Verses 7-15

These laws are,

I. Concerning trusts, v. 7-13. If a man deliver goods, suppose to a carrier to be conveyed, or to a warehouse-keeper to be preserved, or cattle to a farmer to be fed, upon a valuable consideration, and if a special confidence be reposed in the person they are lodged with, in case these goods be stolen or lost, perish or be damaged, if it appear that it was not by any fault of the trustee, the owner must stand to the loss, otherwise he that has been false to this trust must be compelled to make satisfaction. The trustee must aver his innocence upon oath before the judges, if the case was such as afforded no other proof, and they were to determine the matter according as it appeared. This teaches us, 1. That we ought to be very careful of every thing we are entrusted with, as careful of it, though it be another's, as if it were our own. It is unjust and base, and that which all the world cries shame on, to betray a trust. 2. That there is such a general failing of truth and justice upon earth as gives too much occasion to suspect men's honesty whenever it is their interest to be dishonest. 3. That an oath for confirmation is an end of strife, Heb. 6:16. It is called an oath for the Lord (v. 11), because to him the appeal is made, not only as to a witness of truth, but as to an avenger of wrong and falsehood. Those that had offered injury to their neighbour by doing any unjust thing, yet, it might be hoped, had not so far debauched their consciences as to profane an oath of the Lord, and call the God of truth to be witness to a lie: perjury is a sin which natural conscience startles at as much as any other. The religion of an oath is very ancient, and a plain indication of the universal belief of a God, and a providence, and a judgment to come. 4. That magistracy is an ordinance of God, designed, among other intentions, to assist men both in discovering rights disputed and recovering rights denied; and great respect ought to be paid to the determination of the judges. 5. That there is no reason why a man should suffer for that which he could not help: masters should consider this, in dealing with their servants, and not rebuke that as a fault which was a mischance, and which they themselves, had they been in their servants' places, could not have prevented.

II. Concerning loans, v. 14, 15. If a man (suppose) lent his team to his neighbour, if the owner was with it, or was to receive profit for the loan of it, whatever harm befel the cattle the owner must stand to the loss of: but if the owner was so kind to the borrower as to lend it to him gratis, and put such a confidence in him as to trust it from under his own eye, then, if any harm happened, the borrower must make it good. Let us learn hence to be very careful not to abuse any thing that is lent us; it is not only unjust, but base and disingenuous, inasmuch as it is rendering evil for good; we should much rather choose to lose ourselves than that any should sustain loss by their kindness to us. Alas, master! for it was borrowed, 2 Ki. 6:5.

Calvin's Commentary

5. If a man shall cause a field or vineyard to be eaten, and shall put in his beast, and shall feed in another man's field; of the best of his own field, and of the best of his own vineyard, shall he make restitution.

5. Si depasci fecerit quispiam agrum aut vitem, et immiserit jumentum suum ut depasceretur agrum alterius: bonum agri ejus et bonum vineae ejus restituet.

6. If fire break out, and catch in thorns, so that the stacks of corn, or the standing corn, or the field, be consumed therewith; he that kindled the fire shall surely make restitution.

6. Quum egressus fuerit ignis, et invenerit spinas: absumptusque fuerit acervus, vel seges, vel ager, reddendo redder qui ignem accendit, rem combustam.

7. If a man shall deliver unto his neighbor money or stuff to keep, and it be stolen out of the man's house; if the thief be found, let him pay double.

7. Quum dederit quispiam proximo suo argentum, vel vasa ad custodiendum, et furto ablatum fuerit e domo viri illius: si inventus fuerit fur, reddet duplum.

8. If the thief be not found, then the master of the house shall be brought unto the judges, to see whether he have put his hand unto his neighbor's goods.

8. Si non inventus fuerit fur, tunc applicabitur dominus domus ad judices, annon miserit manum suam in substantiam proximi sui.

9. 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.

9. Super omni causa praevaricationis, super bove, super asino, super pecude, super vestimento, super omni re amissa: quum dixerit quispiam hoc esse, usque ad judices veniet causa utriusque: et quem damnaverint judices, is reddat duplum proximo suo.

10. If a man deliver unto his neighbor an ass, or an ox, or a sheep, or any beast, to keep, and it die, or be hurt, or driven away, no man seeing it:

10. Si dederit quispiam proximo suo asinum, vel bovem, vel pecudem, aut quodcunque animal ad custodiendum, et mortuum fuerit, aut contractum, aut ab hostibus captum nemine vidente.

11. Then shall an oath of the Lord be between them both, that he hath not put his hand unto his neighbor's goods; and the owner of it shall accept thereof, and he shall not make it good.

11. Juramentum Jehovae erit inter utrumque, annon miserit manum suam in substantiam proximi sui, et juramentum suscipiet dominus ejus, et non reddet.

12. And if it be stolen from him, he shall make restitution unto the owner thereof.

12. Quod si furto ablatum fuerit ei, reddet domino ejus.

13. If it be torn in pieces, then let him bring it for witness, and he shall not make good that which was torn.

13. Si vero rapiendo raptum fuerit, adducet ei testem: raptum non reddet.

14. And if a man borrow ought of his neighbor, and it be hurt, or die, the owner thereof being not with it; he shall surely make it good.

14. Si commodato acceperit quispiam a proximo suo, et confractum fuerit aut mortuum domino ejus absente, reddendo reddet.

15. But if the owner thereof be with it, he shall not make it good: if it be an hired thing, it came for his hire.

15. Si dominus ejus fuerit cum eo, non reddet: si conductum fuerit, veniens pro mercede sua.

9. For all manner of trespass. An action for theft is here permitted, but with a fine attached if any should rashly accuse his neighbor; for else it might be doubted when or for what reasons the restitution of double or quadruple was to be required. He therefore permits that if any one suspects another of theft, he should summon that person to plead his cause; and if he should prove his case, that he should recover double the thing lost; but if the judges should pronounce that he had brought his action groundlessly, that he, on the contrary, should pay the penalty of his false accusation. For such an action as this is not altogether a civil one, but carries with it the stain of infamy, and thus it would be unjust that a man should be injured by false suspicions whom the judges acquit of crime. The word used here for judges is 'lhym, elohim, which properly means gods, as being of the plural number; it is, however often used for God. [137] It is transferred to judges for the purpose of dignifying their office; because in it they represent the person of God, in whose hand alone is all dominion and power. Therefore Christ says they were called gods, because to them "the word of God came," (John 10:34,) i.e., that they should preside in His name, and be set over others, on which subject we treated under the Fifth Commandment.

5. If a man shall cause a field or vineyard to be eaten. This kind of fraud is justly ranked among thefts; viz., if any man shall have put in his beast to feed in another's field or vineyard. For if a person have made improper use of his servant to steal by him, he himself is deemed guilty of the offense, even although he may have touched nothing with his own hand; nor does he less do wrong who has given occasion of injury by means of a brute. Still, God restricts the punishment to a compensation of double the amount, because it cannot be certainly established that the master of the animal desired to effect the damage fraudulently and designedly; yet He requires the loss to be made up at the highest estimate of its value; [138] for thus I interpret "the goodness of his field and his vineyard," that the place having been examined, a liberal restitution shall be awarded to its owner, according to the utmost it would have probably produced in its greatest state of fertility.

6. If fire break out and catch in thorns. This injury is somewhat different from the foregoing, for he who kindles the fire is commanded to make good the damage done by him, although there may have been no willful intention to do harm. For the incendiary who had maliciously destroyed either a cornfield or a vineyard was to be far more severely punished; here, however, mere carelessness is punished. Although no mention is made either of house or barn, still the law includes all similar cases requiring compensation from him who had kindled a fire even in an open field. But it seems that such a person would be blameless, because he could not. foresee that the fire would ignite the thorns; yet, in order that every one should take as much care of the property of another as of his own, God commands him to suffer the penalty of his heedless or stupid negligence.

7. If a man shall deliver unto his neighbor money. It is here determined under what circumstances an action for theft would lie in case of a deposit, viz., if an inanimate thing, as a garment or furniture, be given ill charge, and the person with whom it is deposited should allege that it is stolen, God commands that, if the thief be discovered, he should pay double; but, if not, that an oath should be required of the man who declares that the thing has been stolen from him. But, if it be an animal that was given in charge, a somewhat different provision is made, viz., that if it have been violently carried away, or torn by beasts, the person with whom it was deposited should be free; but if it had been stolen, that he should make restitution. In order to understand the principle of this law, we must observe that depositaries are not to be compelled to do more than faith. fully preserve the thing entrusted to them; just as a prudent and careful father of a family is attentive to the preservation of his property. When they have acquitted themselves diligently in this respect, it would be unjust to require more, of them; otherwise, when they undertake the burden of this gratuitous office, their generosity would be an injury to themselves. But, since it is not so easy to steal an animal from the stall, or from the hands of the shepherd, the negligence of the shepherd betrays itself in the loss of the beast, [139] supposing no violence to have been used. Justice, then, is done in both cases, i e., that the depository shall not make good a vessel, or money, or a garment, because this would be in a manner to put him in the place of the thief; but that if the animal be stolen he shall pay its price, unless he can cleat' himself of carelessness. If any should think that too great indulgence is shown to the depositary, when God would have the dispute terminated by his oath; the reply is easy, that we do not entrust anything to be kept by another, unless we are persuaded of his honesty. Whoever, then, has chosen a guardian for his property, has borne witness to his own prejudice that he is a good and trustworthy man; and consequently, it would be absurd that he should soon afterwards be involved in all accusation of theft without proof. Wherefore it was reasonable that God would have the owner of the lost goods acquiesce in the oath of him. whom he has considered to be his faithful friend. Besides, a man is altogether acquitted who clears himself by calling God to witness his innocence, unless any sinister suspicion is alleged against him, and provided he excuses himself on probable evidence.

10. If a man deliver unto his neighbor an ass. Since in the passage from whence I have taken these four verses, mention is made of a deposit, and Moses is professedly providing against frauds, and robberies, and thefts, I have thought it well to place them under this head. It has indeed some relation to the Third Commandment, because it shows the lawful use of an oath, viz., that in matters of concealment men should have recourse to the witness of God, and that, by the interposition of His sacred name, an end should be put to their strife. But, while the authority attributed to oaths depends on the reverence due to God, at the same time faith and piety are enforced in them, [140] so that all things should correspond. I have, however, considered the main point, i e., how controversies as to things concealed should be brought to an end for the advancement of peace and equity. He would therefore have the depositary acquitted, if he swears that the animal entrusted to him is lost (either by death or violence, [141] ) although lie should produce no witness of the matter, since it would be unjust that he should bear the blame, unless fraud, or some more palpable offense, have been committed by him. At the conclusion, then, it is said, "the owner of it shall accept" the oath, which is equivalent to saying, that lie shall be compelled to acquiesce, and shall give no more trouble about it. The expression, "an oath of the Lord shall be between them both," is a remarkable one, whereby the obligation and sanctity of an oath are enforced, whilst Moses reminds us that God is the author of this sacred mode of attestation, and presides over it as its judge and avenger.

Moses now lays down the law as to a borrowed animal, if it die, or be mutilated, or injured. There is, however, a wide distinction between a thing borrowed and a thing deposited, for he who lends confers a favor; and therefore, when a man borrows a thing, he binds himself to restore it in safety, as far as in him lies. A distinction, however, is made, if the owner himself of the animal be an eye-witness of the death or fracture, he shall bear the loss; but if the animal should die or be injured in his absence, its value is awarded to him. His presence is tantamount to this, as if it were said, if he shall have seen with his own eyes that the injury did not occur by the fault of him to whom he lent it, then he shall give him no trouble about it. For instance, if you have lent me a horse, and take the journey with me, although anything untoward should happen -- supposing you are assured that it did not occur by my temerity, or negligence, or bad management, I am free, and exempt from loss.

What is here laid down as to a borrowed animal must be applied also to all other things borrowed.

Footnotes:

[137] "Le Dieu vivant." -- Fr.

[138] C.'s view of these words seems to be adopted by none of the commentators. They understand them more simply, that the restitution was to be made in kind, and of the best of the aggressor's produce. Whether we read with C. "bonum agri," or with others "de bono," or "de optimo," as Dathe and A. V., does not appear to affect this sense.

[139] "Que la beste se soit esvanouye sans qu'il en ait rien sceu;" in that the beast has vanished without his knowing anything about it. -- Fr.

[140] For these latter words, which I hardly understand, the following are substituted in Fr., "Cela touche quant et quant a son service et religion."

[141] Added from Fr.

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Alphabetical: actually animal But from he him if is it its make must neighbor owner restitution shall stolen the to was

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A Rebuke against Extortion
[This chapter is based on Nehemiah 5.] The wall of Jerusalem had not yet been completed when Nehemiah's attention was called to the unhappy condition of the poorer classes of the people. In the unsettled state of the country, tillage had been to some extent neglected. Furthermore, because of the selfish course pursued by some who had returned to Judea, the Lord's blessing was not resting upon their land, and there was a scarcity of grain. In order to obtain food for their families, the poor were …
Ellen Gould White—The Story of Prophets and Kings

Parable of the Importunate Widow.
^C Luke XVIII. 1-8. ^c 1 And he spake a parable unto them to the end that they ought always to pray, and not to faint; 2 saying, There was in a city a judge, who feared not God, and regarded not man [an utterly abandoned character]: 3 and there was a widow in that city; and she came oft unto him, saying, Avenge me of [rather, Do justice to me as to] mine adversary. [In Scripture language widowhood is symbolic of defenselessness (Ex. xxii. 22-24; Deut. x. 18; xxvii. 19; Mal. iii. 5; Mark xii. 40), …
J. W. McGarvey—The Four-Fold Gospel

Ciii. Zacchæus. Parable of the Pounds. Journey to Jerusalem.
(Jericho.) ^C Luke XIX. 1-28. ^c 1 And he entered and was passing through Jericho. [This was about one week before the crucifixion. Jericho is about seven miles from the Jordan and about seventeen and a half from Jerusalem.] 2 And behold, a man called by name Zacchaeus; and he was a chief publican, and he was rich. [See p. 76. It is probable that Zacchæus was a sub-contractor under some Roman knight who had bought the privilege of collecting taxes at Jericho, or perhaps the privilege of all …
J. W. McGarvey—The Four-Fold Gospel

Epistle Xl. To Mauricius Augustus.
To Mauricius Augustus. Gregory to Mauricius, &c. The Piety of my Lords in their most serene commands, while set on refuting me on certain matters, in sparing me has by no means spared me. For by the use therein of the term simplicity they politely call me silly. It is true indeed that in Holy Scripture, when simplicity is spoken of in a good sense, it is often carefully associated with prudence and uprightness. Hence it is written of the blessed Job, The man was simple and upright (Job i. 1). …
Saint Gregory the Great—the Epistles of Saint Gregory the Great

Appeal to the Christian Women of the South
BY A.E. GRIMKE. "Then Mordecai commanded to answer Esther, Think not within thyself that thou shalt escape in the king's house more than all the Jews. For if thou altogether holdest thy peace at this time, then shall there enlargement and deliverance arise to the Jews from another place: but thou and thy father's house shall be destroyed: and who knoweth whether thou art come to the kingdom for such a time as this. And Esther bade them return Mordecai this answer:--and so will I go in unto the king, …
Angelina Emily Grimke—An Appeal to the Christian Women of the South

Epistle xvii. To Felix, Bishop of Messana.
To Felix, Bishop of Messana. To our most reverend brother, the Bishop Felix, Gregory, servant of the servants of God [246] . Our Head, which is Christ, to this end has willed us to be His members, that through His large charity and faithfulness He might make us one body in Himself, to whom it befits us so to cling that, since without Him we can do nothing, through Him we may be enabled to be what we are called. From the citadel of the Head let nothing divide us, lest, if we refuse to be His members, …
Saint Gregory the Great—the Epistles of Saint Gregory the Great

Feast of the Dedication. The Jews Attempt to Stone Jesus and He Retires to Peræa.
(Jerusalem and Beyond Jordan.) ^D John X. 22-42. ^d 22 And it was the feast of the dedication at Jerusalem: 23; it was winter; and Jesus walked in the temple in Solomon's porch. [The feast of dedication was one of eight days' duration and began upon the 25th Chisleu, which, according to the calculation of M. Chevannes, fell upon the nineteenth or twentieth of December, a.d. 29. The feast was kept in honor of the renovation and purification of the temple in the year b.c. 164, after it had been desecrated …
J. W. McGarvey—The Four-Fold Gospel

A Summary of the Christian Life. Of Self-Denial.
The divisions of the chapter are,--I. The rule which permits us not to go astray in the study of righteousness, requires two things, viz., that man, abandoning his own will, devote himself entirely to the service of God; whence it follows, that we must seek not our own things, but the things of God, sec. 1, 2. II. A description of this renovation or Christian life taken from the Epistle to Titus, and accurately explained under certain special heads, sec. 3 to end. 1. ALTHOUGH the Law of God contains …
Archpriest John Iliytch Sergieff—On the Christian Life

Jesus' Last Public Discourse. Denunciation of Scribes and Pharisees.
(in the Court of the Temple. Tuesday, April 4, a.d. 30.) ^A Matt. XXIII. 1-39; ^B Mark XII. 38-40; ^C Luke XX. 45-47. ^a 1 Then spake Jesus ^b 38 And in his teaching ^c in the hearing of all the people he said unto ^a the multitudes, and to his disciples [he spoke in the most public manner], 2 saying, ^c 46 Beware of the scribes, ^a The scribes and the Pharisees sit on Moses' seat: 3 all things whatsoever they bid you, these do and observe: but do not ye after their works: for they say, and do not. …
J. W. McGarvey—The Four-Fold Gospel

Circumcision, Temple Service, and Naming of Jesus.
(the Temple at Jerusalem, b.c. 4) ^C Luke II. 21-39. ^c 21 And when eight days [Gen. xvii. 12] were fulfilled for circumcising him [The rite was doubtless performed by Joseph. By this rite Jesus was "made like unto his brethren" (Heb. ii. 16, 17); that is, he became a member of the covenant nation, and became a debtor to the law--Gal. v. 3] , his name was called JESUS [see Luke i. 59], which was so called by the angel before he was conceived in the womb. [Luke i. 31.] 22 And when the days of their …
J. W. McGarvey—The Four-Fold Gospel

The Development of the Earlier Old Testament Laws
[Sidenote: First the principle, and then the detailed laws] If the canon of the New Testament had remained open as long as did that of the Old, there is little doubt that it also would have contained many laws, legal precedents, and ecclesiastical histories. From the writings of the Church Fathers and the records of the Catholic Church it is possible to conjecture what these in general would have been. The early history of Christianity illustrates the universal fact that the broad principles are …
Charles Foster Kent—The Origin & Permanent Value of the Old Testament

The Blessing of Jacob Upon Judah. (Gen. Xlix. 8-10. )
Ver. 8. "Judah, thou, thy brethren shall praise thee; thy hand shall be on the neck of thine enemies; before thee shall bow down the sons of thy father. Ver. 9. A lion's whelp is Judah; from the prey, my son, thou goest up; he stoopeth down, he coucheth as a lion, and as a full-grown lion, who shall rouse him up? Ver. 10. The sceptre shall not depart from Judah, nor lawgiver from between his feet, until Shiloh come, and unto Him the people shall adhere." Thus does dying Jacob, in announcing …
Ernst Wilhelm Hengstenberg—Christology of the Old Testament

The Eighth Commandment
Thou shalt not steal.' Exod 20: 15. AS the holiness of God sets him against uncleanness, in the command Thou shalt not commit adultery;' so the justice of God sets him against rapine and robbery, in the command, Thou shalt not steal.' The thing forbidden in this commandment, is meddling with another man's property. The civil lawyers define furtum, stealth or theft to be the laying hands unjustly on that which is another's;' the invading another's right. I. The causes of theft. [1] The internal causes …
Thomas Watson—The Ten Commandments

Exodus
The book of Exodus--so named in the Greek version from the march of Israel out of Egypt--opens upon a scene of oppression very different from the prosperity and triumph in which Genesis had closed. Israel is being cruelly crushed by the new dynasty which has arisen in Egypt (i.) and the story of the book is the story of her redemption. Ultimately it is Israel's God that is her redeemer, but He operates largely by human means; and the first step is the preparation of a deliverer, Moses, whose parentage, …
John Edgar McFadyen—Introduction to the Old Testament