Exodus 22:11

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

EXPOSITORY (ENGLISH BIBLE)

Matthew Henry's Concise Commentary

22; 1 - 31 Judicial laws. - The people of God should ever be ready to show mildness and mercy, according to the spirit of these laws. We must answer to God, not only for what we do maliciously, but for what we do heedlessly. Therefore, when we have done harm to our neighbour, we should make restitution, though not compelled by law. Let these scriptures lead our souls to remember, that if the grace of God has indeed appeared to us, then it has taught us, and enabled us so to conduct ourselves by its holy power, that denying ungodliness and wordly lusts, we should live soberly, righteously, and godly in this present world, Titus 2:12. And the grace of God teaches us, that as the Lord is our portion, there is enough in him to satisfy all the desires of our souls.

Barnes' Notes on the Bible

This law appears to relate chiefly to herdsmen employed by the owners of cattle. When an animal was stolen Exodus 22:12, it was presumed either that the herdsman might have prevented it, or that he could find the thief and bring him to justice (see Exodus 22:4). When an animal was killed by a wild beast, the keeper had to produce the mangled carcass, not only in proof of the fact, but to show that he had, by his vigilance and courage, deprived the wild beast of its prey.

Jamieson-Fausset-Brown Bible Commentary

6. If fire break out, and catch in thorns—This refers to the common practice in the East of setting fire to the dry grass before the fall of the autumnal rains, which prevents the ravages of vermin, and is considered a good preparation of the ground for the next crop. The very parched state of the herbage and the long droughts of summer, make the kindling of a fire an operation often dangerous, and always requiring caution from its liability to spread rapidly.

stacks—or as it is rendered "shocks" (Jud 15:5; Job 5:26), means simply a bundle of loose sheaves.

Matthew Poole's Commentary

An oath of the Lord; so called here, as also 1 Kings 2:43, because it is taken by his authority and appointment, and for his honour, and in his name alone, God being made both witness, and judge, and avenger thereby. Shall be between them both, i.e. shall end the difference between them both; the one shall give his oath, and the other shall accept of it: or be taken by them both; by the one, that he did deliver them to him upon agreement and for hire; by the other, that he put not his hand to them.

Gill's Exposition of the Entire Bible

Then shall an oath of the Lord be between them both,.... Either by the one, the keeper, for the satisfaction of the owner, or by them both; by the owner, that he delivered such and such cattle to the keeper; and by the keeper, that he was no ways concerned in the death, hurt, or carrying off of the same: and this is called "the oath of the Lord", not only because in this law required by him, but because sworn by him, or in his name, and made before him, in his presence, who is hereby appealed unto; and who is called upon to take vengeance on the person that takes the oath of perjury; and such an oath only is a lawful one, men are to swear only by the Lord. But this oath was not tendered to anyone:"if a man was suspected of an oath (i.e. of perjury) they might not give him his oath, neither the oath of the law, nor the oath from their words (the scribes), nor the oath of imposition (imposed by the wise wen); and even though he that brought the action would have it, they might not hearken unto him: if a man has swore falsely a rash oath, or an oath of testimony, or an oath concerning anything deposited, or a vain oath, lo, he is suspected of an oath, and so everyone that is rejected for witness on account of any transgression (w).''The oath to be taken by the keeper, and who indeed seems to be the only person that was to take one, was, "that he hath not put his hand unto his neighbour's goods"; so as either to kill or maim, or drive away, or suffer to be driven away, any of the cattle committed to his care, or that he had not disposed of them to his own use and profit:

and the owner of it shall accept thereof; of the oath, as the Targum of Jonathan and Jarchi, and so be satisfied, and give no further trouble, such an oath being for the confirmation of the thing, and to put an end to strife; or he shall take the ass, ox, or sheep, as it was, and be content; but then, though he might take the dead or maimed one, he could not take that which was driven or carried away, wherefore the first sense, is best:

and he shall not make it good; or pay for it to the owner what it was worth.

(w) Maimon. Hilchot Toan Venitan, c. 2. sect. 1, 2.

Geneva Study Bible

{e} Then shall an oath of the LORD be between them both, that he hath not put his hand unto his neighbour's goods; and the owner of it shall accept thereof, and he shall not make it good.

(e) They should swear by the name of the Lord.

EXEGETICAL (ORIGINAL LANGUAGES)

Cambridge Bible for Schools and Colleges

11. the oath of Yahweh] 2 Samuel 21:7, 1 Kings 2:43. The person is whom the animal had been entrusted must swear solemnly that he has not appropriated it himself.

shall accept it] viz. the oath. Both Burckhardt (Bedouins, i. 126–9) and Doughty (Arab. Deserta, i. 267), state that among the Arabs now, if a person suspected of theft is willing to take certain specially solemn oaths, he is considered to be acquitted.

not make restitution] no reasonable precaution having been neglected. In primitive and semi-primitive societies an accused or suspected person is often allowed to clear himself by taking a solemn oath of purgation; there are several examples in the Code of Hạmmurabi (see p. 423; cf. also Exo 1 Kings 8:31 f.). The practice was also common in the Middle Ages (see E. B. Tylor’s arts. Oath and Ordeal in the Encycl. Brit. and ‘Ordeals and Oaths’ in Macmillan’s Magazine, May, 1876). The oath might be followed by an ordeal (see Manu viii. 109–116, cited by Gray, Numbers, p. 45); or it might involve such curses upon the person taking it, if he did not speak the truth, that the act of taking it constituted itself the ordeal.

Exodus 22:11

Keil and Delitzsch Biblical Commentary on the Old Testament

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 (1 Chronicles 5:21; 2 Chronicles 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 or was altogether lost, but also in the fact that the keeper, if his statement were true, had not been at all to blame in the matter. The only way in which this could be decided, if there was ראה אין, i.e., no other eye-witness present than the keeper himself at the time when the fact occurred, was by the keeper taking an oath before Jehovah, that is to say, before the judicial court. And if he took the oath, the master (owner) of it (the animal that had perished, or been lost or injured) was to accept (sc., the oath), and he (the accused) was not to make reparation. "But if it had been stolen מעמּו from with him (i.e., from his house or stable), he was to make it good," because he might have prevented this with proper care (cf. Genesis 31:39). On the other hand, if it had been torn in pieces (viz., by a beast of prey, while it was out at grass), he was not to make any compensation, but only to furnish a proof that he had not been wanting in proper care. עד יבאהוּ "let him bring it as a witness," viz., the animal that had been torn in pieces, or a portion of it, from which it might be seen that he had chased the wild beast to recover its prey (cf. 1 Samuel 17:34-35; Amos 3:12).