Exegetical and Hermeneutical Commentary of Exodus 22:13
If it be torn in pieces, [then] let him bring it [for] witness, [and] he shall not make good that which was torn.
13. If the animal be torn by wild beasts, the man entrusted with it has only to produce its torn flesh as evidence of the fact, and he need make no compensation. No reasonable precautions could guard against this most common misfortune to cattle in the East (cf. Gen 31:39); and the fact that the remains of the flesh could be produced would show that the shepherd had been watchful, and had even driven off the wild beast before it had completely consumed the carcase (1Sa 17:35, Amo 3:12). Cf. amm. 244 (a hired animal); and Manu viii. 235 f.
Fuente: The Cambridge Bible for Schools and Colleges
Verse 13. If it be torn in pieces – let him bring it for witness] Rather, Let him bring ed hatterephah, a testimony or evidence of the torn thing, such as the horns, hoofs, &c. This is still a law in some countries among graziers: if a horse, cow, sheep, or goat, intrusted to them, be lost, and the keeper asserts it was devoured by dogs, &c., the law obliges him to produce the horns and hoofs, because on these the owner’s mark is generally found. If these can be produced, the keeper is acquitted by the law. The ear is often the place marked, but this is not absolutely required, because a ravenous beast may eat the ear as well as any other part, but he cannot eat the horns or the hoofs. It seems however that in after times two of the legs and the ear were required as evidences to acquit the shepherd of all guilt. See Am 3:12.
Fuente: Adam Clarke’s Commentary and Critical Notes on the Bible
Let him bring it; it, i.e. some part of the torn creature, which the wild beast haply had left, Amo 3:11,12.
Quest. What if the whole creature were carried away, as a sheep or lamb is sometimes by the wolf?
Answ. 1. I suppose this was not frequent, and that those ravenous creatures did speedily fall to their meal, and that something was left not far from the place, which the shepherd might easily procure.
2. The words may Be otherwise rendered, he shall bring a witness, as the Chaldee and Samaritan render it; or a testimony, i.e. some evidence whereby the judge might be satisfied; as for instance, that some wolf or lion, &c. was seen in those parts, &c., or some witness of his diligence and Faithfulness in all other things, which therefore might well be presumed in this.
Fuente: English Annotations on the Holy Bible by Matthew Poole
If it be torn in pieces,…. By some wild beast, at least as pretended:
[then] let him bring it for witness; part of that which is torn, that it may be witness for him that it was torn, as in Am 3:12 as Aben Ezra observes; and so the Jerusalem Targurn,
“let him bring of the members of it a witness,”
which would make it a clear case that it had been so used; but it is possible that the whole carcass might be carried off, and nothing remain to be brought as a proof of it; wherefore the Targum of Jonathan is,
“let him bring witnesses;”
and so some versions render it z; and to this agrees Jarchi, whose note is,
“let him bring witnesses of its being torn by violence, and he is free,”
such who saw it done; but it is before supposed, that such cattle may be hurt, broken, or maimed, no man seeing it, Ex 22:10 and therefore in such a case no witnesses could be brought, wherefore the first sense seems best:
[and] he shall not make good that which was torn; or shall not pay for it, pay the price of it, as much as it is worth. Here Jarchi distinguishes,
“there is that which is torn, for which a man pays, and there is that which is torn, for which he does not pay; that which is torn by a cat, or a fox, or a marten (a kind of weasel), he pays for, but that which is torn by a wolf, a lion, or a bear, he does not pay for:”
the reason of which is, because it is thought the keeper might have preserved and delivered from the former, and therefore was culpable, when it was not in his power to save from the latter; and the Misnic doctors observe, that one wolf is not violence, but two are; so that what is torn by one, the keeper is bound to pay for, but not what is torn by more. But two dogs are not violence, unless they come from two different quarters, and then they are: a single thief is violence, and so is a lion, a bear, a leopard, a basilisk, and a serpent, and this only when they come willingly, and of themselves; but if they (the cattle) are brought to places where there are troops of wild beasts, and thieves, it is no violence a, and in such a case the keepers are liable to pay; and so unless he makes use of staves, and calls in other shepherds to his assistance, as Maimonides b observes, when it is in his power to do it; and so at least might make an attempt to save or rescue the cattle.
z “adducet eum testem”, Pagninus, Montanus; “adducat ille testem”, Munster, Fagius. a Misn. Bava Metzia, c. 7. sect. 9. b Hilchot Shecirat, c. 3. sect. 6.
Fuente: John Gill’s Exposition of the Entire Bible
(13) Let him bring it for witness.This would not always be possible. Where it was not, the trustee could fall back on the oath.
Fuente: Ellicott’s Commentary for English Readers (Old and New Testaments)
Exo 22:13. If it be tornlet him bring it for witness That is, let him bring what is torn, or what remains of it, in proof of his allegation. Houbigant renders this verse, if it be torn in pieces by wild beasts, he shall bring him to the place where the animal lies, and shall not make restitution: the Hebrew is, he shall bring him a witness. See Amo 3:12.
Fuente: Commentary on the Holy Bible by Thomas Coke
Exo 22:13 If it be torn in pieces, [then] let him bring it [for] witness, [and] he shall not make good that which was torn.
Ver. 13. Let him bring it. ] A leg, or a limb of it, as Amo 3:12 .
Fuente: John Trapp’s Complete Commentary (Old and New Testaments)
it. Figure of speech Synecdoche (of the Whole). App-6. bring one of the pieces. Compare Gen 31:39; and Amo 3:12.
Fuente: Companion Bible Notes, Appendices and Graphics
torn in pieces: Eze 4:14, Amo 3:12, Mic 5:8, Nah 2:12
let him bring it for witness: Or, rather, “Let him bring” aid hatteraiphah, an evidence of the thing torn, such as the horns, hoofs, etc.
Reciprocal: Zec 13:2 – I will cut
Fuente: The Treasury of Scripture Knowledge
22:13 If it be torn in pieces, [then] let him bring {f} it [for] witness, [and] he shall not make good that which was torn.
(f) He shall show some part of the beast or bring in witnesses.