Êxodo 22
Thomas Constable · Citado em PreceptAustin
Êxodo 22
Constable writes that "In the Hammurabi Code the penalty for losing or allowing a thief to steal what someone else had committed to one’s trust was death as was falsely accusing someone of this crime.387 The Torah required only twofold payment in both situations (v. 9)." Pulpit Commentary - Deposition of property in the hands of a friend, to keep and guard, was a marked feature in the life of primitive societies, where investments were difficult, and bankers unknown. Persons about to travel, especially merchants … required someone to guard it [their property] in their absence. Refusals to return such deposits were rare.… Sometimes, however, they took place.… The penalty, if a man were cast in the suit, was … “He shall pay double.” Exodus 22:8 "If the thief is not caught, then the owner of the house shall appear before the judges, to determine whether he laid his hands on his neighbor's property. Hamilton - If the thief is not discovered, the house’s owner shall be brought to the Deity [to prove] he has not laid his hand on his neighbor’s property. NET Exodus 22:8 If the thief is not caught, then the owner of the house will be brought before the judges to see whether he has laid his hand on his neighbor's goods. NLT Exodus 22:8 But if the thief is not caught, the neighbor must appear before God, who will determine if he stole the property. ESV Exodus 22:8 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. LXE Exodus 22:8 But if the thief be not found, the master of the house shall come forward before God, and shall swear that surely he has not wrought wickedly in regard of any part of his neighbour's deposit, KJV Exodus 22:8 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. NIV Exodus 22:8 But if the thief is not found, the owner of the house must appear before the judges to determine whether he has laid his hands on the other man's property. the judges: Ex 22:28 *marg: Ex 21:6 De 16:18 19:17,18 1Ch 23:4 Ps 82:1 Exodus 22 Resources - Multiple Sermons and Commentaries LAW GOVERNING THE LOSS OF DEPOSIT BY THE TRUSTEE Exodus 22:7-8 is the law dealing with the loss of something while someone else ("trustee") was taking care of it ("the deposit"). UBS has two alternative translation models for this verse are: But if they do not find the thief, they must bring the person who was keeping the valuables to the place of worship. There he must make a strong statement (OATH), with God as his witness, that he has not stolen his neighbor’s valuables. But if they do not catch the thief, they must take the person who was keeping the valuables before the judges, and the judges will decide whether he stole his neighbor’s valuables or not. If the thief is not caught, then the owner of the house shall appear before the judges (ha elohim) - The owner of the house was the "trustee" of the other person's money or goods which were stolen. If the thief could not be found, the "trustee" was in a sense considered to be a "suspect." In other words the person who was responsible for safekeeping ("trustee") was to be examined by judges to determine whether or not he was responsible for the loss. The interpretation of this passage is not absolutely clear as the alternative translations above indicate - in one case this man was to appear either before God making an oath or in the other case the man was to come before judges who would decide the case. To determine whether he laid his hands on his neighbor's property - He refers to the "trustee" to determine if he stole the property or was in some way involved in a plot to steal the property or money which was deposited with him. Note some of the translations have "appear before God" (ha elohim). If this is the case, presumably this refers to the sanctuary (which will be described later in Exodus) and Ex 22:11 indicates an oath must be sworn before God. And since the "trustee" was a "suspect" presumably he was to declare an oath of innocence in the Name of God. In other words the "trustee" had to take an oath that he had not been involved in a plot to steal the money or goods. . Rayburn - What the text literally says is that the owner of the house must “come near to God.” No doubt “come to the sanctuary” is what is meant, where the judges will hear the case and where the man would take a solemn vow of innocence before the Lord and invoking his name (as in v. 11). If the man swears falsely, well God will see to it that he answers for that. The covenantal bond between the two Israelite men is what makes all of this so serious and so effective. In any case, as the other cases make clear, if the loss was due to the negligence of the homeowner, he would be responsible to make restitution. Bruckner - The judges (jury) decided rightful ownership, guilt, and declared the typical double restitution. (Ibid) Ryken sums up Ex 22:7-8 - A man goes away on business and leaves his valuables with a trusted friend. When he comes back, the money is gone. His friend says that a robber came in the middle of the night, but is he telling the truth? In Israel the way to resolve such a dispute was by taking it to the elders, who were supposed to make a careful investigation. If the friend turned out to be the one who took the money, then he was the thief who had to make double restitution. If he was telling the truth, then apparently the original owner was out of luck. The friend who had been taking care of his property didn’t owe a thing. (Preaching the Word - Exodus) Exodus 22:9 "For every breach of trust, whether it is for ox, for donkey, for sheep, for clothing, or for any lost thing about which one says, 'This is it,' the case of both parties shall come before the judges; he whom the judges condemn shall pay double to his neighbor. Dunnam - “For any kind of trespass, whether it concerns an ox, a donkey, a sheep, or clothing, or for any kind of lost thing which another claims to be his, the cause of both parties shall come before the judges; and whomever the judges condemn shall pay double to his neighbor. NET Exodus 22:9 In all cases of illegal possessions, whether for an ox, a donkey, a sheep, a garment, or any kind of lost item, about which someone says 'This belongs to me,' the matter of the two of them will come before the judges, and the one whom the judges declare guilty must repay double to his neighbor. ESV Exodus 22:9 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. LXE Exodus 22:9 according to every injury alleged, both concerning a calf, and an ass, and a sheep, and a garment, and every alleged loss, whatsoever in fact it may be,-- the judgment of both shall proceed before God, and he that is convicted by God shall repay to his neighbour double. KJV Exodus 22:9 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. NIV Exodus 22:9 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 his neighbor. CSB Exodus 22:9 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. 'For every breach of trust: Nu 5:6,7 1Ki 8:31 Mt 6:14,15 18:15,35 Lu 17:3,4 the case of both parties: Ex 18:21,22 23:6-8 De 16:18,19 25:1 2Ch 19:10 pay double: Ex 22:4,7 Exodus 22 Resources - Multiple Sermons and Commentaries Mackay introduces this passage - what should be done not when property is missing, but when it is present but its ownership is disputed. (Mentor Commentary- Ex) For every breach of trust (ALL CASES OF ILLEGAL POSSESSIONS), whether it is for ox, for donkey, for sheep, for clothing, or for any lost thing about which one says, 'This is it,' (THIS BELONGS TO ME) the case of both parties shall come before the judges - This is a difficult passage so several commentaries are quoted below. Mackay gives two possible interpretations - ‘Illegal possession’ (breach of trust) is the same word as ‘rebellion’ (Ex 23:21; 34:7). It denotes a wilful violation of a covenant obligation. Though the law arises out of the previous discussion regarding goods left for safekeeping, it is broadened out to cover any breach of an obligation owed to a fellow member of the covenant community. What is involved is not so much theft as breach of trust. The livestock or goods had been entrusted to the other party, but he now blatantly repudiates the arrangement and claims them as his own. Alternatively, it may have been a genuine case of finding lost property (any lost thing), and then refusing to allow the claims of another alleging to have recognised the property as his own. There is here no acknowledgement of a principle of ‘finders keepers’. (Ibid) Robert Rayburn interprets this passage as follows - An object has been lost; the owner later sees a similar object in the possession of another man and claims that it is the very object that he lost and, thus, that it was stolen from him. The assumption is, of course, that the judges will weigh evidence, take testimony, and so on until they come to a verdict. Alan
Êxodo 22
Constable - In the ancient world, people made a distinction between black magic and white magic. The former sought to harm someone, and the latter did not. The Hammurabi Code prohibited the former only, but the Torah outlawed both without distinction. Magic constituted an attempt to override God’s will. Alan