^22:8If 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. ^22:9In all cases of illegal possessions,²⁴ whether for an ox, a donkey, a sheep, a garment, or any kind of lost item, about which someone says ‘This belongs to me,’²⁵ the matter of the two of them will come before the judges,²⁶ and the one whom²⁷ the judges declare guilty²⁸ must repay double to his neighbor. ^22:10If a man gives his neighbor a donkey or an ox or a sheep or any beast to keep, and it dies or is hurt²⁹ or is carried away³⁰ without anyone seeing it,³¹^22:11then there will be an oath to the Lord³² 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.

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Footnotes

20 Heb “found.”
21 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.
22 The phrase “to see” has been supplied.
23 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,” 2:). U. Cassuto (Exodus, ) 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.
24 Heb “concerning every kind [thing] of trespass.”
25 The text simply has “this is it” (הוּא זֶה, hu’ zeh).
26 Again, or “God.”
27 This kind of clause Gesenius calls an independent relative clause—it does not depend on a governing substantive but itself expresses a substantival idea ( §138.e).
28 The verb means “to be guilty” in Qal; in Hiphil it would have a declarative sense, because a causative sense would not possibly fit.
29 The form is a Niphal participle from the verb “to break”—“is broken,” which means harmed, maimed, or hurt in any way.
30 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.
31 Heb “there is no one seeing.”
32 The construct relationship שְׁבֻעַת יְהוָה (shévu’at yéhvah, “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, ). 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.

In other versions

ESVEnglish Standard Version

If the thief is not found, the owner of the house shall come near to God to show whether or not he has put his hand to his neighbor’s property. For every breach of trust, whether it is for an ox, for a donkey, for a sheep, for a cloak, or for any kind of lost thing, of which one says, ‘This is it,’ the case of both parties shall come before God. The one whom God condemns shall pay double to his neighbor.

“If a man gives to his neighbor a donkey or an ox or a sheep or any beast to keep safe, and it dies or is injured or is driven away, without anyone seeing it, an oath by the Lord shall be between them both to see whether or not he has put his hand to his neighbor’s property. The owner shall accept the oath, and he shall not make restitution.

NIVNew International Version (2011)

But if the thief is not found, the owner of the house must appear before the judges, and they must determine whether the owner of the house has laid hands on the other person’s property. In all cases of illegal possession of an ox, a donkey, a sheep, a garment, or any other lost property about which somebody says, ‘This is mine,’ both parties are to bring their cases before the judges. The one whom the judges declare guilty must pay back double to the other.

“If anyone gives a donkey, an ox, a sheep or any other animal to their neighbor for safekeeping and it dies or is injured or is taken away while no one is looking, the issue between them will be settled by the taking of an oath before the Lord that the neighbor did not lay hands on the other person’s property. The owner is to accept this, and no restitution is required.

CSBChristian Standard Bible

If the thief is not caught, the owner of the house must present himself to the judges to determine whether or not he has taken his neighbor’s property. In any case of wrongdoing involving an ox, a donkey, a sheep, a garment, or anything else lost, and someone claims, ‘That’s mine,’ the case between the two parties is to come before the judges. The one the judges condemn must repay double to his neighbor.

“When a man gives his neighbor a donkey, an ox, a sheep, or any other animal to care for, but it dies, is injured, or is stolen, while no one is watching, there must be an oath before the Lord between the two of them to determine whether or not he has taken his neighbor’s property. Its owner must accept the oath, and the other man does not have to make restitution.

NLTNew Living Translation

But if the thief is not caught, the neighbor must appear before God, who will determine if he stole the property.

“Suppose there is a dispute between two people who both claim to own a particular ox, donkey, sheep, article of clothing, or any lost property. Both parties must come before God, and the person whom God declares guilty must pay double compensation to the other.

“Now suppose someone leaves a donkey, ox, sheep, or any other animal with a neighbor for safekeeping, but it dies or is injured or is taken away, and no one sees what happened. The neighbor must then take an oath in the presence of the Lord. If the Lord confirms that the neighbor did not steal the property, the owner must accept the verdict, and no payment will be required.

LEBThe Lexham English Bible

If the thief is not found, the owner of the house will be brought to the sanctuary to learn whether or not he reached out his hand to his neighbor’s possession. Concerning every account of transgression—concerning an ox, concerning a donkey, concerning small livestock, concerning clothing, concerning all lost property—where someone says, “This belongs to me,” the matter of the two of them will come to God; whomever God declares guilty will make double restitution to his neighbor.

“ ‘If a man gives to his neighbor a donkey or an ox or small livestock or any beast to watch over and it dies or is injured or is captured when there is no one who sees, the oath of Yahweh will be between the two of them concerning whether or not he has reached out his hand to his neighbor’s possession, and its owner will accept this, and he will not make restitution.

KJV 1900King James Version

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 neighbour’s goods. 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 neighbour. If a man deliver unto his neighbour 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: 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.

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