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Public-domain commentary
Matthew Henry
From his Commentary on the Whole Bible. Henry comments on passages, not single verses — this entry covers Exodus 22:7–15. His two-level outline is real structure in the source text, so it is rendered as structure.
These laws are,
I.Concerning trusts, Exo 22:7-13.
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 (Exo 22:11), 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, Exo 22:14, Exo 22:15.
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, Kg2 6:5.
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Summary
Exodus 22:15 concludes a series of Mosaic Law regulations concerning borrowed and entrusted property, establishing two critical exceptions to the general rule of restitution for loss or damage. This verse stipulates that if the owner of the property was present during the incident, or if the item was a hired possession whose rental fee inherently covered the risk of its use, then the individual entrusted with the property is absolved from making further restitution. It profoundly illustrates principles of shared responsibility, contractual understanding, and equitable justice foundational to ancient Israelite civil law.
Context
Literary Context
This verse is intricately woven into the "Book of the Covenant" (Exodus 20:22-23:33), a divinely revealed legal code delivered by God to Moses immediately following the Ten Commandments. Specifically, Exodus 22:10-15 forms a coherent legal unit addressing the liability for animals entrusted to another's care. The preceding verses lay the groundwork: if an entrusted animal dies or is injured by natural causes or wild beasts, an oath before the Lord can clear the keeper's liability, provided there is no evidence of negligence (Exodus 22:10-11). However, if the animal was stolen while in the keeper's care, restitution was mandated (Exodus 22:12). Furthermore, a borrowed animal injured or killed in the owner's absence generally required full restitution from the borrower (Exodus 22:14). Verse 15 then introduces crucial exceptions to this liability, providing nuanced distinctions that underscore the meticulous and just nature of the Law in assessing varying degrees of responsibility and the implications of contractual agreements.
Historical & Cultural Context
The legal provisions in Exodus 22 are deeply rooted in the agrarian and pastoral realities of ancient Israel. Livestock, tools, and other movable property were essential for survival and economic activity, making clear regulations for their lending, borrowing, and hiring indispensable for societal order and dispute resolution. While similar legal frameworks existed in other ancient Near Eastern codes, such as the Code of Hammurabi, the Mosaic Law distinguishes itself through its explicit theological underpinnings, emphasizing justice, equity, and communal welfare as expressions of Israel's covenant relationship with Yahweh. The concept of "hire" (שָׂכִיר, sākhîr) denotes a formal agreement where a fee is paid for the temporary use of an item. This fee was understood to encompass certain inherent risks of wear, tear, or even accidental loss during the agreed-upon period. The owner's presence, as described in the first clause, implies a situation where the owner retains a degree of oversight or implicitly accepts shared risk, thereby mitigating the borrower's sole responsibility for unforeseen incidents. These regulations reveal the practical wisdom embedded in the Law for fostering stable and just interpersonal and economic relationships within the Israelite community.
Key Themes
Exodus 22:15 contributes significantly to several overarching themes within the Book of the Covenant and the Pentateuch. It highlights the theme of Divine Justice and Equity, demonstrating God's meticulous concern for fair dealings among His people, ensuring that neither party in an agreement is unduly burdened or exploited. The specific conditions for exemption from liability underscore the theme of Responsibility and Accountability, yet with a nuanced understanding that acknowledges shared risk and the implications of contractual agreements. The distinction between borrowed and hired items also speaks to the theme of Covenantal Ethics in Daily Life, illustrating how the broader principles of the covenant with God were to be practically applied to mundane economic transactions, fostering a society marked by integrity and trust. This verse, therefore, is not merely a legal technicality but a practical outworking of God's character and His desire for a just community, reflecting the broader call to holiness and righteousness found throughout the Law of Moses, as seen in passages like Deuteronomy 16:18-20.
Exposition and Analysis
Key Word Analysis
This term denotes a master, husband, or owner. In this context, it refers to the proprietor of the borrowed or hired property. The presence of the baʻal fundamentally alters the liability of the borrower, indicating that the owner's direct involvement or oversight mitigates the borrower's sole responsibility for any loss or damage.
This word describes a man or thing at wages, or something hired. When an item is sâkîyr, it means a formal agreement has been made where a fee is paid for its temporary use. This payment is crucial, as it implies a transfer of certain risks from the hirer back to the owner, covered by the agreed-upon compensation.
This refers to the payment of a contract, salary, fare, or compensation. In the phrase "it came for his hire," sâkâr signifies that the loss or damage incurred by the hired item is considered to be part of the inherent risk already compensated by the rental fee. The payment itself is deemed to cover the normal wear, tear, or accidental incidents that might occur during the legitimate use of the item, thereby absolving the hirer of further liability.
Verse Breakdown
"But if the owner thereof be with it, he shall not make it good"
This clause addresses the first exception to the general rule of restitution for borrowed property. If the owner of the borrowed item (e.g., an animal) is present with the borrower when the damage or loss occurs, the borrower is absolved of the responsibility to make restitution. The owner's presence implies shared oversight, an implicit acceptance of the risk, or the opportunity for the owner to intervene and prevent the loss. This changes the dynamic of sole responsibility, distributing the risk.
"if it be an hired thing, it came for his hire"
This second clause presents another distinct exception. If the item in question was not merely borrowed but hired (i.e., rented for a fee), and it is subsequently damaged or lost, the hirer is not required to make restitution. The rationale is that the payment received by the owner for the hire is understood to cover the inherent risks associated with the item's normal use. The "hire" itself serves as compensation for the potential wear, tear, or accidental loss that might occur during the rental period, effectively transferring the risk back to the owner who profited from the transaction.
Literary Devices
Exodus 22:15 is a prime example of Casuistic Law, a prevalent legal form in the ancient Near East, structured with "if... then..." clauses that outline specific scenarios and their corresponding legal outcomes. This precise formulation allows for clear, case-by-case judgments. The verse also demonstrates remarkable Legal Precision, distinguishing meticulously between different types of property arrangements (borrowed vs. hired) and varying degrees of liability based on contextual factors (e.g., the owner's presence). This precision reflects a sophisticated legal system designed to ensure Equity and Fairness in interpersonal dealings, preventing undue burdens and promoting clarity of responsibilities. The idiomatic phrase "it came for his hire" functions as a Legal Idiom, succinctly encapsulating a complex legal principle regarding assumed risk within a contractual agreement, where the initial payment covers potential losses.
Theological and Thematic Connections
Exodus 22:15, like the broader "Book of the Covenant," profoundly reveals God's character as a God of justice, order, and equity, concerned with the practical outworking of covenantal living within the community. It underscores the divine expectation for fair dealings, clear agreements, and a nuanced understanding of responsibility. These laws move beyond simplistic retribution, demanding careful consideration of the full context of a situation, including shared risk and agreed-upon compensation. While specific to an ancient agrarian society, they reflect timeless principles of integrity, contractual ethics, and the vital importance of defining terms in any agreement. They teach that true justice involves a meticulous consideration of all circumstances, fostering a society built on trust and accountability, where the vulnerable are protected and the innocent are not unjustly burdened. This divine concern for justice is echoed throughout Scripture, emphasizing the importance of ethical conduct in all spheres of life.
Reflection and Application
While the specific scenarios of livestock and hired tools may seem distant from our contemporary lives, the underlying principles of Exodus 22:15 remain profoundly relevant. This verse challenges us to embrace the importance of clear communication, defined expectations, and explicit agreements in all our dealings—whether lending a car, renting equipment, or entering into a business contract. It compels us to discern when responsibility for loss or damage truly lies with us, and when it is legitimately mitigated by shared circumstances or prior contractual understanding. As followers of Christ, we are called to act with integrity, not seeking to exploit legalistic loopholes, but to uphold fairness and honor our word. Conversely, this passage also encourages us to extend grace and understanding when others are not solely at fault, recognizing that life involves inherent risks and that not every misfortune demands full restitution. This passage cultivates a practical wisdom that balances personal accountability with a compassionate understanding of shared human experience and the complexities of real-world interactions, fostering a community marked by both justice and grace.
Questions for Reflection
FAQ
What is the primary difference between "borrowed" and "hired" items in the Mosaic Law, as seen in Exodus 22:14-15?
The primary difference lies in the presence or absence of financial compensation and the associated allocation of liability. For a "borrowed" item (Exodus 22:14), the owner receives no payment for its use, and thus, if the item is injured or dies in the owner's absence, the borrower is generally required to make full restitution. The risk remains largely with the borrower. However, for a "hired" item (Exodus 22:15), the owner receives a fee for its use. This fee is understood to cover the inherent risks of the item's normal operation, meaning if it is damaged or lost during its intended use, the hirer is not required to make additional restitution. The payment effectively transfers some of the risk back to the owner. This distinction highlights the Law's practical understanding of contractual agreements and the role of compensation in risk allocation.
Why would the owner's presence absolve the borrower of responsibility?
The presence of the owner during the incident that leads to loss or damage (Exodus 22:15) implies a shared oversight or an implicit acceptance of the risk. If the owner is there, they presumably have the opportunity to intervene, prevent the loss, or at least share in the responsibility for what transpires. Their presence suggests that the borrower is no longer the sole custodian or entirely responsible for the item's safety. It could also mean that the owner implicitly accepted the risk by being present and not taking preventative measures, thus mitigating the borrower's sole liability. This clause reflects a nuanced approach to culpability, recognizing that responsibility is not always absolute but can be influenced by the involvement and awareness of all parties, fostering a more equitable outcome.
Christ-Centered Fulfillment
Exodus 22:15, with its intricate details about liability, restitution, and shared risk in the context of property, points to the profound theological reality of Christ's fulfillment of the Law. The Mosaic Law, in its demand for perfect justice and restitution for every transgression, ultimately reveals humanity's inability to perfectly uphold its standards, perpetually incurring spiritual debt. The principle that a "hired thing" came for its "hire" and thus absolves the user of further debt beautifully foreshadows Christ's ultimate redemptive work. He is the Lamb of God, whose life was "hired" out, as it were, to the demands of divine justice, and whose death on the cross was the perfect and complete "hire" or payment for our sin (John 1:29). Through His atoning sacrifice, Jesus fully paid the debt we owed, covering the "risk" of our transgressions and absolving us from the impossible task of making restitution for our own spiritual losses (Romans 3:23-26). Just as the rental fee covered the potential damage to the hired item, Christ's precious blood covers the full extent of our sin, making us righteous in God's sight and freeing us from the condemnation of the Law (2 Corinthians 5:21). He is our ultimate "Owner," who was "with us" in our fallen state, entering into our humanity not to condemn, but to bear our burdens and secure our redemption, thereby fulfilling all the righteous demands of the Law on our behalf (Matthew 5:17). In Him, the ultimate "hire" has been paid, and we are declared good, not by our own efforts, but by His perfect, substitutionary work.