Deliver unto his neighbor - This is called pledging in the law of bailments; it is a deposit of goods by a debtor to his creditor, to be kept till the debt be discharged. Whatever goods were thus left in the hands of another person, that person, according to the Mosaic law, became responsible for them; if they were stolen, and the thief was found, he was to pay double; if he could not be found, the oath of the person who had them in keeping, made before the magistrates, that he knew nothing of them, was considered a full acquittance. Among the Romans, if goods were lost which a man had entrusted to his neighbor, the depositary was obliged to pay their full value. But if a man had been driven by necessity, as in case of fire, to lodge his goods with one of his neighbors, and the goods were lost, the depositary was obliged to pay double their value, because of his unfaithfulness in a case of such distress, where his dishonesty, connected with the destruction by the fire, had completed the ruin of the sufferer. To this case the following law is applicable: Cum quis fidem elegit, nec depositum redditur, contentus esse debet simplo: cum vero extante necessitate deponat, crescit perfidia crimen, etc. - Digest., lib. xvi., Titus 3, 1. 1.

If a man shall deliver unto his neighbour money or stock to keep,.... Without any reward for keeping it, as the Targum of Jonathan; and so other Jewish writers (p) understand this passage of such as keep a deposit freely, having nothing for it; whether it be money or goods, gold, silver, jewels, raiment, household stuff or any kind of vessels or instruments used in the house, or in trade; and also cattle, as appears from Exodus 22:9.

and if it be stolen out of the man's house; into whose custody it was delivered:

if the thief be found, let him pay double: the worth of what is stolen, agreeably to the law in Exodus 22:4 that is, if it was found in his hands; but if he had disposed of it, then he was to pay five fold or four fold, as in Exodus 22:1, and so runs the Jewish canon (q),"if anyone delivers to his neighbour a beast or vessels, and they are stolen or lost, he shall make restitution; but if he will not swear, for they say, one that keeps for nothing, may swear and be free; then if the thief should be found he shall pay double; if he has killed or sold, he shall pay four fold or five fold: to whom shall he pay? to him with whom the depositum is: if he swears, and will not pay, and the thief is found, he shall pay double; if he has killed or sold he shall pay four fold and five fold: to whom shall he pay? to the owner of the depositum.''

(p) Jarchi in ver. 10. Bartenora in Misn. Shebuot, c. 6. sect. 5. (q) Misn. Bava Metzia, c. 3. sect. 1.

In cases of dishonesty, or the loss of property entrusted, the following was to be the recognised right: If money or articles (כּלים, not merely tools and furniture, but clothes and ornaments, cf. Deuteronomy 22:5; Isaiah 61:10) given to a neighbour to keep should be stolen out of his house, the thief was to restore double if he could be found; but if he could not be discovered, the master of the house was to go before the judicial court (האלהים אל, see Exodus 21:6; אל נקרב to draw near to), to see "whether he has not stretched out his hand to his neighbour's goods." מלאכה: lit., employment, then something earned by employment, a possession. Before the judicial court he was to cleanse himself of the suspicion of having fraudulently appropriated what had been entrusted to him; and in most cases this could probably be only done by an oath of purification. The Sept. and Vulg. both point to this by interpolating καὶ ὀμεῖται, et jurabit ("and he shall swear"), though we are not warranted in supplying ויּשּׁבע in consequence. For, apart from the fact that אם־לא is not to be regarded as a particle of adjuration here, as Rosenmller supposes, since this particle signifies "truly" when employed in an oath, and therefore would make the declaration affirmative, whereas the oath was unquestionably to be taken as a release from the suspicion of fraudulent appropriation, and in case of confession an oath was not requisite at all; - apart from all this, if the lawgiver had intended to prescribe an oath for such a case, he would have introduced it here, just as he has done in Exodus 22:11. If the man could free himself before the court from the suspicion of unfaithfulness, he would of course not have to make compensation for what was lost, but the owner would have to bear the damage. This legal process is still further extended in Exodus 22:9 : על־כּל־דּבר־פּשׁע, "upon every matter of trespass" (by which we are to understand, according to the context, unfaithfulness with regard to, or unjust appropriation of, the property of another man, not only when it had been entrusted, but also if it had been found), "for ox, for ass, etc., or for any manner of lost thing, of which one says that it is this ("this," viz., the matter of trespass), the cause of both (the parties contending about the right of possession) shall come to the judicial court; and he whom the court (Elohim) shall pronounce guilty (of unjust appropriation) shall give double compensation to his neighbour: only double as in Exodus 22:4 and Exodus 22:7, not four or fivefold as in Exodus 22:1, because the object in dispute had not been consumed.

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.

22:7 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 a special confidence 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 his trust must be compelled to make satisfaction.

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.