Exodus 22:15

Exodus 22:15 continues the discussion of legal principles concerning borrowed or entrusted property within the Mosaic Law, specifically addressing exceptions to liability for damage or loss. This verse highlights situations where the borrower or keeper of an animal or item is not required to make restitution, emphasizing principles of shared risk and the nature of a hired agreement.

Context

This verse is part of a series of civil laws found in Exodus 21-23, often referred to as the "Book of the Covenant." These statutes elaborate on the Ten Commandments, providing practical applications for daily life in ancient Israel. Specifically, Exodus 22:10-15 deals with cases involving animals entrusted to a neighbor for keeping, borrowing, or hiring. The preceding verses establish the general rule that if an entrusted animal is injured or dies without the keeper's fault (e.g., by wild beasts), an oath before the Lord absolves them (see Exodus 22:10-11). However, if it was stolen while with the keeper, restitution was required (Exodus 22:12). Verse 15 then presents two specific scenarios where the keeper is exempt from liability, adding nuance to the legal framework.

Key Themes

• Shared Responsibility and Liability: The first clause, "if the owner thereof be with it, he shall not make it good," establishes that if the owner was present during the incident that led to loss or damage, the borrower is absolved. This implies a shared oversight or an understanding that the owner's presence mitigates the borrower's sole responsibility, perhaps suggesting the owner implicitly accepted the risk or had the opportunity to prevent the loss.
• Risk in Hired Agreements: The second clause, "if it be an hired thing, it came for his hire," addresses rented property. When an item is hired, the fee paid by the borrower is understood to cover the inherent risks associated with its normal use. This principle recognizes that the payment itself accounts for wear, tear, and unforeseen accidents that occur during the item's intended purpose, thus absolving the hirer from additional restitution for such incidents. This reflects a practical understanding of business agreements.
• Justice and Equity: These laws aim to ensure fairness in transactions and dealings between neighbors, preventing undue burden on one party while upholding the rights of the other. They reflect a nuanced approach to biblical justice, distinguishing between negligence, theft, and unavoidable circumstances or agreed-upon terms.

Linguistic Insights

The Hebrew term for "hired thing" (שָׂכִיר - sākhîr) refers to something rented or hired, and the phrase "it came for his hire" (בָּא בִּשְׂכָרוֹ - bā' biśkārô) essentially means "it came within the scope of its hire" or "its loss/damage is covered by its rental fee." This highlights the contractual nature of the agreement, where the payment inherently includes acceptance of certain risks by the owner for the use of their property.

Cross-References & Connections

The principles outlined here resonate with broader biblical themes of responsibility and fair dealings. Similar concepts of liability and restitution for property are found throughout the Mosaic Law. The idea that a hired fee covers risk can be seen as a precursor to modern contractual agreements, where consideration is given for goods or services. These laws emphasize community welfare and the importance of integrity in all transactions, a theme echoed in Proverbs 11:1 regarding honest dealings.

Practical Application

Though these laws pertain to ancient agricultural society, the underlying principles remain relevant. They teach us about:

• Defining Terms: The importance of clear agreements when lending, borrowing, or hiring items, outlining responsibilities and understanding inherent risks.
• Fairness in Business: Recognizing that a service or rental fee often includes compensation for potential wear and tear or minor incidents, fostering reasonable expectations.
• Personal Responsibility: While this verse highlights exemptions, the broader context of Exodus 22 emphasizes taking responsibility for what is entrusted to us, unless specific conditions apply. It encourages vigilance and integrity in our dealings with others' property.

Conclusion

Exodus 22:15 provides specific exemptions to the general rule of restitution for damaged or lost property, based on the owner's presence or the item being a hired good. It reflects the practical wisdom and equitable nature of the Mosaic Law, establishing principles of shared risk and contractual understanding that remain foundational to just interactions.