| Clarke's Commentary on the Bible If it be torn in pieces - let him bring it for witness - Rather, Let him bring עד הטרפה ed hatterephah, a testimony or evidence of the torn thing, such as the horns, hoofs, etc. This is still a law in some countries among graziers: if a horse, cow, sheep, or goat, entrusted to them, be lost, and the keeper asserts it was devoured by dogs, etc., 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 Amos 3:12.
Gill's Exposition of the Entire BibleIf 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 Amos 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, Exodus 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.
Geneva Study BibleIf 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.
Matthew Henry's Concise Commentary22; 1 - 31 Judicial laws. - The people of God should ever be ready to show mildness and mercy, according to the spirit of these laws. We must answer to God, not only for what we do maliciously, but for what we do heedlessly. Therefore, when we have done harm to our neighbour, we should make restitution, though not compelled by law. Let these scriptures lead our souls to remember, that if the grace of God has indeed appeared to us, then it has taught us, and enabled us so to conduct ourselves by its holy power, that denying ungodliness and wordly lusts, we should live soberly, righteously, and godly in this present world, Titus 2:12. And the grace of God teaches us, that as the Lord is our portion, there is enough in him to satisfy all the desires of our souls.
Matthew Henry's Whole Bible CommentaryVerses 7-15 These laws are, I. Concerning trusts, v. 7-13. If a man deliver goods, suppose to a carrier to be conveyed, or to a warehouse-keeper to be preserved, or cattle to a farmer to be fed, upon a valuable consideration, and if a special confidence be reposed in the person they are lodged with, in case these goods be stolen or lost, perish or be damaged, if it appear that it was not by any fault of the trustee, the owner must stand to the loss, otherwise he that has been false to this trust must be compelled to make satisfaction. The trustee must aver his innocence upon oath before the judges, if the case was such as afforded no other proof, and they were to determine the matter according as it appeared. This teaches us, 1. That 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. It is unjust and base, and that which all the world cries shame on, to betray a trust. 2. That there is such a general failing of truth and justice upon earth as gives too much occasion to suspect men's honesty whenever it is their interest to be dishonest. 3. That an oath for confirmation is an end of strife, Heb. 6:16. It is called an oath for the Lord (v. 11), because to him the appeal is made, not only as to a witness of truth, but as to an avenger of wrong and falsehood. Those that had offered injury to their neighbour by doing any unjust thing, yet, it might be hoped, had not so far debauched their consciences as to profane an oath of the Lord, and call the God of truth to be witness to a lie: perjury is a sin which natural conscience startles at as much as any other. The religion of an oath is very ancient, and a plain indication of the universal belief of a God, and a providence, and a judgment to come. 4. That magistracy is an ordinance of God, designed, among other intentions, to assist men both in discovering rights disputed and recovering rights denied; and great respect ought to be paid to the determination of the judges. 5. That there is no reason why a man should suffer for that which he could not help: masters should consider this, in dealing with their servants, and not rebuke that as a fault which was a mischance, and which they themselves, had they been in their servants' places, could not have prevented. II. Concerning loans, v. 14, 15. If a man (suppose) lent his team to his neighbour, if the owner was with it, or was to receive profit for the loan of it, whatever harm befel the cattle the owner must stand to the loss of: but if the owner was so kind to the borrower as to lend it to him gratis, and put such a confidence in him as to trust it from under his own eye, then, if any harm happened, the borrower must make it good. Let us learn hence to be very careful not to abuse any thing that is lent us; it is not only unjust, but base and disingenuous, inasmuch as it is rendering evil for good; we should much rather choose to lose ourselves than that any should sustain loss by their kindness to us. Alas, master! for it was borrowed, 2 Ki. 6:5. |
