Exodus 22:10 - Oath resolves disputed ownership

Join Our Newsletter To Be Informed When New Videos Are Posted

Join the thousands of fellow Studends who rely on our videos to learn how to read the bible in Hebrew for free!

Hebrew Text

שְׁבֻעַת יְהוָה תִּהְיֶה בֵּין שְׁנֵיהֶם אִם־לֹא שָׁלַח יָדוֹ בִּמְלֶאכֶת רֵעֵהוּ וְלָקַח בְּעָלָיו וְלֹא יְשַׁלֵּם׃

English Translation

then shall an oath of the Lord be between them both, that he has not put his hand to his neighbour’s goods; and the owner of it shall accept this, and he shall not make it good.

Transliteration

Shvuat Adonai tihye bein shenehem im-lo shalach yado bimlechet re'ehu velakach be'alav velo yeshalem.

Hebrew Leining Text

שְׁבֻעַ֣ת יְהֹוָ֗ה תִּהְיֶה֙ בֵּ֣ין שְׁנֵיהֶ֔ם אִם־לֹ֥א שָׁלַ֛ח יָד֖וֹ בִּמְלֶ֣אכֶת רֵעֵ֑הוּ וְלָקַ֥ח בְּעָלָ֖יו וְלֹ֥א יְשַׁלֵּֽם׃

Parasha Commentary

Context in Jewish Law

The verse (Shemot 22:10) discusses the halachic procedure when one person entrusts an item to another (a shomer), and a dispute arises over whether the item was stolen or lost. The Torah mandates that the matter be resolved through a shevu'at Hashem (an oath before G-d).

Rashi's Explanation

Rashi (ad loc.) clarifies that this oath is administered by the court (beit din). The shomer swears that he did not misuse the entrusted item ("im-lo shalach yado b'melachat re'ehu"—"if he did not put his hand to his neighbor's goods"). If he takes this oath truthfully, he is exempt from paying compensation.

Rambam's Legal Analysis

In Hilchot She'eilah u'Pikadon (1:1-2), the Rambam elaborates that this oath applies specifically to an unpaid guardian (shomer chinam). The Torah establishes this legal safeguard to prevent false claims while protecting the rights of both parties. The owner must accept the oath, as the verse states: "v'lakach be'alav v'lo yeshalem" ("the owner shall accept this, and he shall not make it good").

Talmudic Discussion (Shevuot 44b)

The Talmud explains that the oath is only valid if:

The claim is for a definite amount (tavah).
The defendant partially admits to the claim (modeh b'miktzat).
There are no witnesses to clarify what happened.

Midrashic Insight (Mechilta d'Rabbi Yishmael)

The Mechilta emphasizes the gravity of swearing falsely in G-d's name. The phrase "shevu'at Hashem" underscores that this is not merely a legal formality but a sacred act invoking Divine judgment. One who violates this oath transgresses the prohibition of shevu'at shav (vain oaths).

Practical Halachic Implications

Later poskim, such as the Shulchan Aruch (Choshen Mishpat 87:1), rule that if the shomer refuses to take the oath, he must pay the claim in full. This demonstrates the Torah's balance between protecting property rights and ensuring justice through sworn testimony.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Shevuot 38b

The verse is discussed in the context of the laws of oaths, particularly regarding disputes over property and the requirement of an oath to resolve such matters.

📖 Bava Metzia 3a

The verse is referenced in a discussion about the responsibilities and liabilities of a bailee (someone entrusted with another's property) and the role of oaths in such cases.

Frequently Asked Questions

Q: What does Exodus 22:10 mean in simple terms?
A: Exodus 22:10 discusses a situation where someone is entrusted with their neighbor's property (like an animal or object), and it gets lost or damaged. If the caretaker claims it wasn't their fault, they must take an oath before G-d to prove their innocence. If the owner accepts the oath, the caretaker doesn’t have to pay compensation. This verse teaches about honesty and trust in financial and property matters.

Q: Why is an oath required in Exodus 22:10?
A: According to Rashi and Jewish law, an oath is required when there’s no witness to confirm whether the caretaker was negligent. Since only G-d knows the truth, the oath serves as a solemn declaration before Him. This prevents false claims and ensures fairness in disputes where evidence is lacking.

Q: What lesson can we learn from Exodus 22:10 today?
A: This verse teaches the importance of integrity in business and personal dealings. Even when no one is watching, we must be honest because G-d knows the truth. The Talmud (Shevuot 44b) expands on this, showing how Jewish law upholds ethical behavior in all financial responsibilities.

Q: Does Exodus 22:10 apply to modern borrowing or renting?
A: Yes, the principle applies today. The Rambam (Hilchot She’elah uPikadon 1:1-2) explains that anyone entrusted with another’s property must take responsibility. If damage occurs without negligence, an oath (or in modern times, a truthful claim) can resolve the matter. Jewish courts (Beit Din) still handle such disputes based on these laws.

Q: What happens if the owner doesn’t accept the oath in Exodus 22:10?
A: The Talmud (Bava Metzia 5b) states that if the owner refuses to accept the oath, the caretaker must pay compensation unless there’s clear proof of innocence. This ensures fairness—the owner can’t arbitrarily reject the oath without cause, but the caretaker must also act responsibly.