Exegetical and Hermeneutical Commentary of 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 neighbor.
9. Extension of the principle of v. 8 to all cases of suspected misappropriation of property, whether arising out of a ‘deposit,’ or not.
any manner of lost thing ] which is found, it is implied, suspiciously in the possession of another.
This is it ] viz. the thing that I have lost.
he whom, &c.] i.e. whoever, in such a case, is convicted of being in the unlawful possession of property. How the conviction was effected, is not stated: perhaps the oath was only one element in a judicial enquiry; perhaps it was accompanied by an ordeal, and if this was not passed successfully, it was regarded as God’s condemnation.
double ] as in vv. 4, 7; not fourfold ( v. 1), the disputed article being still, in the general case assumed in v. 9, in the possession of the party accused.
Fuente: The Cambridge Bible for Schools and Colleges
All manner of trespass – He who was accused, and he who had lost the stolen property, were both to appear before the judges Exo 18:25-26.
Fuente: Albert Barnes’ Notes on the Bible
Verse 9. Challengeth to be his] It was necessary that such a matter should come before the judges, because the person in whose possession the goods were found might have had them by a fair and honest purchase; and, by sifting the business, the thief might be found out, and if found, be obliged to pay double to his neighbour.
Fuente: Adam Clarke’s Commentary and Critical Notes on the Bible
All manner of trespass, to wit, about matters deposited upon trust, and lost, of which alone this place speaks.
Which another challengeth to be his; or, when, or concerning which he shall say, This is it, viz. the thing that I have lost; or rather, This is he, to whom I committed it, and whom I suspect and charge as guilty.
Whom the judges shall condemn; whether the person with whom the things were deposited, if they judged him guilty of theft, or the depositor, if he were convicted of a false accusation.
Fuente: English Annotations on the Holy Bible by Matthew Poole
For all manner of trespass,…. With respect to what is committed to a man’s trust, and it is lost to the owner of it, there must be somewhere or other a trespass committed, either by the person into whose hands it was put, or by a thief that has stolen it from him:
whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing by which it appears that either of these, or any other cattle not named, as well as money and vessels, or household goods, or goods in trade, were sometimes, or might be lodged in the hands of another as a depositum for safety or convenience; and for which, or any other so deposited, and lost,
which another challengeth to be his, or affirms that he put into the hands of his neighbour, to be kept by him for him; “or who shall say this is he”, or “he is” the person into whose hands I put it, or this is “it” r; such and such were the thing or things I delivered to him:
the cause of both parties shall come before the judges; who were to hear what each party had to say, and to examine the witnesses each of them brought, and consider the nature of the evidence given, and to judge and determine:
and whom the judges shall condemn; or “pronounce wicked” s, as having done a wicked thing; either the one as having brought a false accusation against his neighbour, charging him with a depositum he never had, or the other as having converted it to his own use:
he shall pay double unto his neighbour; either the depositor, who pretended to be so and was not, but brought a false charge against his neighbour, or a false witness, as Jarchi, such as one was to pay double to the person charged wrongfully; or, on the other hand, the person with whom the depositum was put, if it appeared that he had acted a fraudulent part, and abused his trust, then he was to pay double to the depositor.
r “qui dixerit quod illud hoc”, Montanus; “quum dixerit illud ipsum esse”, Junius Tremellius “de qua dixerit aliquis illum ipsum esse”, Piscator; so Ainsworth. s Vid. Ainsworth.
Fuente: John Gill’s Exposition of the Entire Bible
9. For all manner of trespass. An action for theft is here permitted, but with a fine attached if any should rashly accuse his neighbor; for else it might be doubted when or for what reasons the restitution of double or quadruple was to be required. He therefore permits that if any one suspects another of theft, he should summon that person to plead his cause; and if he should prove his case, that he should recover double the thing lost; but if the judges should pronounce that he had brought his action groundlessly, that he, on the contrary, should pay the penalty of his false accusation. For such an action as this is not altogether a civil one, but carries with it the stain of infamy, and thus it would be unjust that a man should be injured by false suspicions whom the judges acquit of crime. The word used here for judges is אלהים, elohim, which properly means gods, as being of the plural number; it is, however often used for God. (137) It is transferred to judges for the purpose of dignifying their office; because in it they represent the person of God, in whose hand alone is all dominion and power. Therefore Christ says they were called gods, because to them “the word of God came,” ( Joh 10:34,) i.e., that they should preside in His name, and be set over others, on which subject we treated under the Fifth Commandment.
(137) “Le Dieu vivant.” — Fr.
Fuente: Calvin’s Complete Commentary
(9) For all manner of trespass.Rather, in every case of fraud. The context limits the expression to cases of fraud, or alleged fraud, in connection with a deposit.
For ox, for ass, for sheep.The deposit of animals is unknown in classical antiquity, but might well be the custom of a people whose wealth consisted in flocks and herds. In the wilderness small proprietors might have been glad to intrust their few animals to the herdsmen who guarded the flocks and herds of their wealthier neighbours.
Which another challengeth to be his.The case is supposed of the trustee saying a thing is lost which the depositor declares he can identify, and show to be still in his (the trustees) possession.
The cause of both parties shall come before the judges.This seems to mean that the challenge was to be made at the challengers risk. If he proved his point to the satisfaction of the judges, he was to recover double; if he failed, he was to forfeit double of what he had claimed.
Fuente: Ellicott’s Commentary for English Readers (Old and New Testaments)
Exo 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.
Ver. 9. Before the judges. ] Heb., The gods: so judges are called, if good especially. Psa 82:6 And the seat of judicature is called the holy place. Ecc 8:10
Fuente: John Trapp’s Complete Commentary (Old and New Testaments)
trespass = rebellion. Hebrew. Pash’a. App-44. before the judges. Hebrew. ha-‘elohim = “gods”. See App-4, and note on Exo 21:6. Or, before God (the judges representing Him), and acting in His stead, according to Rom 13:1-6. See this usage (with the Article), Exo 21:6; Exo 22:8, Exo 22:28. See Exo 18:15-19 and compare Psa 82:1, Psa 82:6. Joh 10:34, Joh 10:35.
Fuente: Companion Bible Notes, Appendices and Graphics
for all manner of trespass: Num 5:6, Num 5:7, 1Ki 8:31, Mat 6:14, Mat 6:15, Mat 18:15, Mat 18:35, Luk 17:3, Luk 17:4
the cause of both parties: Exo 18:21, Exo 18:22, Exo 23:6-8, Deu 16:18, Deu 16:19, Deu 25:1, 2Ch 19:10
pay double unto his: Exo 22:4, Exo 22:7
Reciprocal: Gen 25:32 – birthright Exo 21:6 – the judges Exo 22:1 – he shall Exo 22:6 – he that kindled the fire Exo 22:28 – the gods Lev 6:3 – sweareth Lev 6:5 – restore Psa 52:1 – told Psa 82:6 – General Isa 50:8 – let us