22:8 If the thief is not caught,20 then the owner of the house will be brought before the judges21 to see22 whether he has laid23 his hand on his neighbor’s goods.
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.
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.