Exodus 22:8
If the thief be not found, then the master of the house shall be brought unto the judges, [to see] whether he have put his hand unto his neighbour's goods.
If the thief {H1590} be not {H3808} found {H4672}, then the master {H1167} of the house {H1004} shall be brought {H7126} unto the judges {H430}, to see whether he have put {H7971} his hand {H3027} unto his neighbour's {H7453} goods {H4399}.
But if the thief is not found, then the trustee must state before God that he did not take the person's goods himself.
If the thief is not found, the owner of the house must appear before the judges to determine whether he has taken his neighbor’s property.
If the thief be not found, then the master of the house shall come near unto God, to see whether he have not put his hand unto his neighbor’s goods.
Cross-References
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Exodus 22:28
Thou shalt not revile the gods, nor curse the ruler of thy people. -
Deuteronomy 16:18
¶ Judges and officers shalt thou make thee in all thy gates, which the LORD thy God giveth thee, throughout thy tribes: and they shall judge the people with just judgment. -
Exodus 21:6
Then his master shall bring him unto the judges; he shall also bring him to the door, or unto the door post; and his master shall bore his ear through with an aul; and he shall serve him for ever. -
Psalms 82:1
¶ A Psalm of Asaph. God standeth in the congregation of the mighty; he judgeth among the gods. -
1 Chronicles 23:4
Of which, twenty and four thousand [were] to set forward the work of the house of the LORD; and six thousand [were] officers and judges: -
Deuteronomy 19:17
Then both the men, between whom the controversy [is], shall stand before the LORD, before the priests and the judges, which shall be in those days; -
Deuteronomy 19:18
And the judges shall make diligent inquisition: and, behold, [if] the witness [be] a false witness, [and] hath testified falsely against his brother;
Commentary
Exodus 22:8 is part of the extensive civil and criminal laws given to Moses on Mount Sinai, specifically addressing situations involving stolen property and the responsibility of those entrusted with goods.
Context
This verse is found within a section of the Mosaic Law (Exodus 21-23) that details various statutes concerning justice, property rights, and social order in ancient Israel. Following rules about theft and restitution, Exodus 22:8 focuses on a specific scenario: when a thief is not found, but property was stolen from a custodian or "master of the house" who was guarding it. The law seeks to determine the custodian's culpability or negligence.
Key Themes
Linguistic Insights
The term "judges" in this verse is translated from the Hebrew word elohim, which literally means "God" or "gods." In this legal context, it refers to human judges who were seen as acting on behalf of God or as representatives of divine authority in administering justice. The phrase "to see whether he have put his hand unto his neighbour's goods" implies a legal process that often involved an oath. If no direct evidence implicated the custodian, they might be required to take an oath before God, swearing their innocence. Such an oath was a very serious matter in ancient Israel, invoking divine judgment upon false swearing, as further clarified in related laws concerning entrusted goods in Exodus 22:11.
Practical Application
While the specific legal mechanisms of ancient Israel differ from modern systems, the principles embedded in Exodus 22:8 remain timeless:
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