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Exodus 22:7–15
“If a man borrows anything of his neighbor, and it is injured or dies, the owner not being with it, he shall make full restitution” (v. 14).
Exodus 22:7–15 continues the theme of how we are to treat the property of others, this time giving instruction for what we are to do when a borrowed item disappears or is damaged. Most of the regulations use animals as concrete examples, yet verses 7 and 9 indicate that the laws cover all kinds of property (“money,” "goods,” “cloak”). John Calvin comments, “What is here laid down as to a borrowed animal must be applied also to all other things borrowed.”
Verses 7–9 explain what to do if a person borrows an item and that item disappears. This could happen because a thief stole the item, and if the thief is discovered, the thief must make restitution to the owner according to the principles given in verses 1–4. If the thief cannot be found, it might be because the borrower stole the item. Should the borrower claim innocence, the borrower and the lender are to come before God for Him to decide the case. That is, the borrower must make an oath of innocence. A borrower who fears God and has actually stolen the item will presumably end up confessing. One who has no fear of God and swears falsely is left in the Lord’s hands to finally judge.
The next laws envisage situations when someone pledges to safeguard another person’s animal or, by extension, another piece of property. If the property dies or is damaged, or if it disappears for reasons unknown but the guardian asserts that the loss is not his fault, he must make an oath of innocence and the matter is left for God to judge (vv. 10–11). If the property was stolen, however, the guardian must make restitution (v. 12). Taking on the duty to protect the property increased one’s responsibility, and a known theft was evident proof of a failure to do one’s duty and thus to incur liability. If the item, specifically an animal, is torn by beasts and a carcass can be produced, the guardian owes the owner nothing (v. 13). Here, reasonable measures to protect the animal were taken but wild beasts were able to get it before the guardian intervened. That the carcass was salvageable proved that the guardian had not abandoned the animal to the scavengers but tried to save it. He pays no restitution because he did his job while circumstances outside his control kept him from rescuing the animal.
Finally, verses 14–15 address what to do when a borrowed animal is injured or dies. If the owner is absent when this happens, restitution must be made. If the owner is present, there is no restitution, likely because he could have intervened to protect the property. If the borrower paid to rent the animal, the fee paid sufficed for restitution.
Coram Deo Living before the face of God
Matthew Henry comments on today’s passage: “We ought to be very careful of every thing we are entrusted with, as careful of it, though it be another’s, as if it were our own.” If others have trusted us with their property, it is our duty to care for it well and to return it in good working order.
For Further Study
- Psalm 37:21
- Matthew 5:42