10 If a man deliver unto his neighbour an aſs, or an ox, Or asheep, Or any beaſt to keeps, andirt die, or be hart, or driven away, no man ſecing t ;
t As his Servant, not freely, but for wages.
11 Thenshall an oath of the LORD &« be between them both x,that he hath not put his hand unto his neigh- bours goods : and the owner of it shall accept thereof, and he $hall not make it good.
# So called here, as alſo, 1 Kings 1: 45: becaufe it is taken by his Authority and Appointment, and for h:s Honour, and in his Name alone, God being made both Witneis, and Judge, and Avenger thereby, # (7, e, ) Shall end the ditfrence between them both,
——c
or ſtuff » to keep,and it be ftollen out of the mans houſe;
EXODUS:
the one ſhall give his Oath, and the other ſhall accept of it ; or be taken by them both ; by rhe one, that he did deliver them to him upon Agreement and for Hire ; by the other, that he put not his Hand to them.
12 And if it be ſtollen from him y, the ſhall make ſtitution unto the owner thereof.
y Heb From with him, which is an emphatical Expreſſion,and notes that this was taken away, either 1. From thoſe things which were with him, or which were his, 7.e- from the midſt of his own Goods, which ſuppoſerth fraud in him: Or 2. From under his eye, when he either did know of it, or with common care and diligence it mighr have been known and prevented, and this argues greſs ne- glet in him. And this isone reaſon why this man is bound to make Reſtitution, when the other wer. 7. 1s not; another reaſon of tic difference 1s, becauſe thoſe things werſe 7. were only or principally dead rhings, and ſuch things as required no great care; or if they did, ( for in that caſe alſo were included, Oxen, Affes, &'c. werſe 9.) yet he with whom they were lefr, received no recompence tor them, and therefore was not obliged to any ſingular care about them ; but here the things were ſuch as needed great care and dili- gence, which alſo this man was obliged tro perform by the hire which he received upon that account, which was Jacob's caſe, Gen. 31: 39:
13 If it be torn in pieces, then let him bring it for
witneſs 2, and he ſhall not make good that which was corn.
z It ( i.e.) Some part of the torn Creature, which the wild Beaſt haply had lefr, Amos 3: 115 12: Queſt, What if the whole Creature were carried away, as 2 Sheep or Lamb is ſometimes by the Wolf? Anſw. 1.1 ſuppoſe this wasnot frequent, and that thoſe ravenous Creatures did ſpeedily All ro their mea!,and that ſomerhing was left not far from the place, which the Shepherd mighr eaſily procure. 2. The words may be otherwiſe rendred, he ſball bring a witneſs, as the Choaldee and $1mar. render it; or a Teftimeny, (3 e.) ſome Evi- dence whereby the Judge might be farisficd , as for inftance, That ſome Wolf or Lion, &c. was ſeen in thoſe parts, &c..or ſome wit- neſs of his Diligence and Fairhfulneſs in all other things, which cherefore might well be preſumed in this,
14 © And if aman borrow ought @ of his neighbour, and it be hurt, or die, the owner thereof being not with it, he thall ſurely make ir good 5b.
a ( i.e ) Any living thing,which may be hurt or die, as it follows. b This may ſeem hard, butall things conſidered is reaſonable; be- cauſe in doubrfull caſes, wherein it is not evident whether the bor- rower was faulty or nor, as it is here,. it ought to be interpreted in favourof the lender, rather than of the borrower; partly to oblige the borrowerto the greater fidelity and care in ſuch things, which being not his own, men are commonly more careleſs abuur ; partly becauſe the benefit being wholly the borrowers, the loſs alſo in all reaſon oughtt!» be hisand the lender ought not to ſuffer for his kind=
neſs, leſt he ſhould be diſcouraged from ſuch aftions for the fu- ture,
I'C=
£L
r5 But if the owner thereof be with it c, he ſhallnot
ang itgoed d : ificbe an hired ing, it came for }.is iree.
c In which caſe the Law reaſonably preſumes, both that the bor. rower would not abule it in the ſight of its owner, and that the Jen- der might and would rake due care about it» «4 Except there be ſome manifeſt fault in the borrower, as if he ſhould kill or wound the Beaſt in the lender's preſence ; which exception is eaſily to be under- ſtood from diverſe other Laws of God. «& (7. e. ) The benefit was the Jender's, and nor the borrower's, and therefore the former reaſon ceaſeth ; and whether the Maſter were preſent or abſent, he thac receives the Gain oc Hire ſhall bear the loſs, except when it came through the borrower's groſs and wilful default.
15 4 And ifaman intice a maid f that is not betroth - ed g, and lie with her, he ſhall ſurely endow her to be his wife,
f By perſ{waſions, promiſe of Marriage,allurements, or rewards. g
Bur if ſhe were betrothed, it was puniſhed with death, Deur. 22. 23. =
17 If her father utterly refuſe h to give her unto him; he ſhallF pay money according to the dowry of virginss. h Which ſhews the neceſſiry of Parents .conſent in Marriage. z* (7.e.) In ſuch proportion as the virgins qualiry requires;for there was no certain and equa] dowry appointed for all Women. See 1 Sam. 18: 25: Queſt Why is there no puniſhment for. the Woman? 4uþw. x; She had no diſtin& Eſtate, being yet in her Father's Houſe. 2: The
* Deut: 22+ 28;
7 Heb.
weigh,
loſs of her Virginity wasa ſufficient Puniſhment, eſpecially in Iſrael,
where it was 2 great reproach and prejudice- 3. She,was nut ſo culp- able as the Man; both becauſe ſhe was of the weaker Sex, and becauſe the was drawn to the Sin by the Man's per{waſien,
18 7 * Thou thalt not {uffer a witch & to live.
k (i.e ) Any Perſon that is in league with the Devil,and by his help eithzr doth any michief, or diſcovers and prattices things above the reach of other Men or Women. Of which ſee Exod. 7: 11: Levit. 20: 27: Deut. 18: 10: 1 Sam:28; 9g; Theword isof the FeminineGender partly becauſe Women are moſt prone to theſe deviliſh Arts, and moſt frequent'y guilty of them ; and partly ro intimate, thatno pit y
_ id be ſhewed ro ſuch Offenders, though they were of the wea- ker SEX.
19 4 Whoſoeyer lieth with a beaſt ſhall ſurely be put to death-
20 © He that facrificeth I unto a»y god ſave unto the LORD only, he thall be utterly deſtroyed m.
! Or otherwiſe worſhippeth, as appears from Deut. 17: 2, 4, 4, and many other places. One At of worſhip put for a}l by a very 24: familtar Synecdoche. w Heb. anathematized, i.e. eſteemed exe-