Discovery BoxExodus 22:4-16 
Context22:4 If the stolen item should in fact be found 1 alive in his possession, 2 whether it be an ox or a donkey or a sheep, he must pay back double. 3
22:5 “If a man grazes 4 his livestock 5 in a field or a vineyard, and he lets the livestock loose and they graze in the field of another man, he must make restitution from the best of his own field and the best of his own vineyard.
22:6 “If a fire breaks out and spreads 6 to thorn bushes, 7 so that stacked grain or standing grain or the whole field is consumed, the one who started 8 the fire must surely make restitution.
22:7 “If a man gives his neighbor money or articles 9 for safekeeping, 10 and it is stolen from the man’s house, if the thief is caught, 11 he must repay double. 22:8 If the thief is not caught, 12 then the owner of the house will be brought before the judges 13 to see 14 whether he has laid 15 his hand on his neighbor’s goods. 22:9 In all cases of illegal possessions, 16 whether for an ox, a donkey, a sheep, a garment, or any kind of lost item, about which someone says ‘This belongs to me,’ 17 the matter of the two of them will come before the judges, 18 and the one whom 19 the judges declare guilty 20 must repay double to his neighbor. 22:10 If a man gives his neighbor a donkey or an ox or a sheep or any beast to keep, and it dies or is hurt 21 or is carried away 22 without anyone seeing it, 23 22:11 then there will be an oath to the Lord 24 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. 22:12 But if it was stolen 25 from him, 26 he will pay its owner. 22:13 If it is torn in pieces, then he will bring it for evidence, 27 and he will not have to pay for what was torn.
22:14 “If a man borrows an animal 28 from his neighbor, and it is hurt or dies when its owner was not with it, the man who borrowed it 29 will surely pay. 22:15 If its owner was with it, he will not have to pay; if it was hired, what was paid for the hire covers it. 30
22:16 31 “If a man seduces a virgin 32 who is not engaged 33 and has sexual relations with her, he must surely endow 34 her to be his wife.
1 tn The construction uses a Niphal infinitive absolute and a Niphal imperfect: if it should indeed be found. Gesenius says that in such conditional clauses the infinitive absolute has less emphasis, but instead emphasizes the condition on which some consequence depends (see GKC 342-43 §113.o).
2 tn Heb “in his hand.”
3 sn He must pay back one for what he took, and then one for the penalty – his loss as he was inflicting a loss on someone else.
4 tn The verb בָּעַר (ba’ar, “graze”) as a denominative from the word “livestock” is not well attested. So some have suggested that with slight changes this verse could be read: “If a man cause a field or a vineyard to be burnt, and let the burning spread, and it burnt in another man’s field” (see S. R. Driver, Exodus, 225).
5 tn The phrase “his livestock” is supplied from the next clause.
6 tn Heb “if a fire goes out and finds”; NLT “if a fire gets out of control.”
7 sn Thorn bushes were used for hedges between fields, but thorn bushes also burned easily, making the fire spread rapidly.
8 tn This is a Hiphil participle of the verb “to burn, kindle” used substantivally. This is the one who caused the fire, whether by accident or not.
9 tn The word usually means “vessels” but can have the sense of household goods and articles. It could be anything from jewels and ornaments to weapons or pottery.
10 tn Heb “to keep.” Here “safekeeping,” that is, to keep something secure on behalf of a third party, is intended.
11 tn Heb “found.”
12 tn Heb “found.”
13 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.
14 tn The phrase “to see” has been supplied.
15 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.
16 tn Heb “concerning every kind [thing] of trespass.”
17 tn The text simply has “this is it” (הוּא זֶה, hu’ zeh).
18 tn Again, or “God.”
19 tn This kind of clause Gesenius calls an independent relative clause – it does not depend on a governing substantive but itself expresses a substantival idea (GKC 445-46 §138.e).
20 tn The verb means “to be guilty” in Qal; in Hiphil it would have a declarative sense, because a causative sense would not possibly fit.
21 tn The form is a Niphal participle from the verb “to break” – “is broken,” which means harmed, maimed, or hurt in any way.
22 tn 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.
23 tn Heb “there is no one seeing.”
24 tn The construct relationship שְׁבֻעַת יְהוָה (shÿvu’at yÿhvah, “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, 287). 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.
25 tn Both with this verb “stolen” and in the next clauses with “torn in pieces,” the text uses the infinitive absolute construction with less than normal emphasis; as Gesenius says, in conditional clauses, an infinitive absolute stresses the importance of the condition on which some consequence depends (GKC 342-43 §113.o).
26 sn The point is that the man should have taken better care of the animal.
27 tn The word עֵד (’ed) actually means “witness,” but the dead animal that is returned is a silent witness, i.e., evidence. The word is an adverbial accusative.
28 tn Heb “if a man asks [an animal] from his neighbor” (see also Exod 12:36). The ruling here implies an animal is borrowed, and if harm comes to it when the owner is not with it, the borrower is liable. The word “animal” is supplied in the translation for clarity.
29 tn Heb “he”; the referent (the man who borrowed the animal) has been specified in the translation for clarity.
30 tn Literally “it came with/for its hire,” this expression implies that the owner who hired it out and was present was prepared to take the risk, so there would be no compensation.
31 sn The second half of the chapter records various laws of purity and justice. Any of them could be treated in an expository way, but in the present array they offer a survey of God’s righteous standards: Maintain the sanctity of marriage (16-17); maintain the purity of religious institutions (18-20), maintain the rights of human beings (21-28), maintain the rights of Yahweh (29-31).
32 tn This is the word בְּתוּלָה (bÿtulah); it describes a young woman who is not married or a young woman engaged to be married; in any case, she is presumed to be a virgin.
33 tn Or “pledged” for marriage.
34 tn The verb מָהַר (mahar) means “pay the marriage price,” and the related noun is the bride price. B. Jacob says this was a proposal gift and not a purchase price (Exodus, 700). This is the price paid to her parents, which allowed for provision should there be a divorce. The amount was usually agreed on by the two families, but the price was higher for a pure bride from a noble family. Here, the one who seduces her must pay it, regardless of whether he marries her or not.
