he ••s not to be sold for them; but they are at a debt upon him; till he be rich. If the principall which is stollen, bee worth 100. Crownes, and the theest be worth but 50. he is to bee sold, and the rest of the principall, with the dumble, remaine upon him for a debt, untill hee goe out (offer〈…〉〈…〉) in the seventh yeere, and when he is able, he 〈…〉〈…〉st pay it. If the theefe be worth 100. Crownes and 〈◊〉〈◊〉 he may not be sold; as it is written, FOR HIS THEFT; so that his whole price must be spent in his theft Maim. treat. of Theft, chap. 3. Sect. 12. 14.
Vers. 4. finding be found] that is, be certainly and [unspec 4] wholy found: the Greeke translateth, bee taken and found. whether, Oxe, &c.] Hebr. from oxe unto asse, unto lambe. hee shall pay double;] that is, shall restore that which was stollen, and another as good. Here the Hebrew Doctors have their exceptions, for women, children, and servants. If a mans wife (steale) and she hath not to pay, the double shall lie upon her as a debt, till shee be divorced, or her husband dye, then the Iudges shall exact it of her. A childe that stealeth, is free from paying the double, &c. and if the thing be lost, he is not bound to pay the princi∣pall, no not after he is growne in age. A servant that stealeth is free from paying the double, his master is free also: for no man is bound to pay his servants dammages, &c. but when the servant hath his freedome, hee is bound to pay the double. It is meet that the Iudges beat the children for stealing, that they grow not into a cu∣stome of it; and so for other dammages that they doe: likewise they are to beat servants throughly for stealing, &c. Maimony, treat. of Theft, chap. 1. Sect. 7. 8. &c.
Vers. 5. or vineyard] and so by proportion any o∣ther thing; as garden, or the like. [unspec 5]
Vers. 6. finde] that is, catch hold on thornes; or on [unspec 6] any other fewell, as straw, ferne, &c. So in the ex∣amples following, two or three things are named in stead of all other. And not such things onely, but if the fire breake forth and hurt a man, hee that kindled it, must pay for his hurt, and for his resting from his labour, and for his healing, and for his paine, and for his dishonour; (the five things forementioned on Exod. 21. 19.) even as if he had hurt him with his hand: as Maimony sheweth in treat of Dammages, chap. 14. Sect. 15. that kindled] or, that set on fire the fire: that burned the burning. The Hebrew Doctors explaine this Law thus: One brings fire, and another after brings wood; he that brings the wood, is bound to pay. One brings wood, and then another brings fire; now he that brings the fire is bound to pay. If one come and make the flame, then he is bound to pay, &c. Maimony, treat. of Dam∣mages, chap. 14. Sect. 7. paying pay] that is, surely and fully pay, for the dammage. If in the stacke (or floore) of corne, there be laid up such in∣struments as husbandmen are wont to use, and lay up about the threshing or treading out of the corne, they also must be all paid for. But if there be garments, plate, glasses, or the like, laid up there; he is not bound to pay for such things. Hee that causeth his neighbours house to be burned, is to pay for all that is within the same; for it is the man∣ner of men, to lay up their goods, vessels, &c. within their houses, Maimony, ibid. Sect. 8.
Vers. 7. money or stuffe] Hebr. silver or vessels, [unspec 7] (instruments:) or any beast, as the 9. verse after sheweth. to keep] of trust; and for no reward, but of friendship.
Vers. 8. the gods] that is, as the Chaldee expres∣seth, the Iudges: see Exod. 21. 6. The Greeke here translateth, before God. if he have] understand, to see if hee have not; meaning that the Iudges may finde it out by oath; as is expressed in vers. 11. So the Greeke translateth, and hee shall sweare, that in very deed he hath not dealt evill. The putting forth the hand unto the thing, the Hebrew Doctors under∣stand, not onely for stealth or conveying away, but also for the use or service of the thing; which when the keeper doth, if it be afterward stollen, lost, or any way miscarry, the keeper is to pay for it. R. Ios. Karro in Chosen hamishphat, treat. Pikkadon, c. 2. S. 1. goods] Heb. worke, that is, any thing gotten wherein ones worke or labour is imployed; as in Gen. 33. 14. The Greeke translateth it, the thing com∣mitted unto him, (which word Paul useth in 1 Tim. 6. 20. 2 Tim. 1. 14.) also the Chaldee saith, that which his neighbour delivered him. So after in verse 11.
Vers. 9. matter of trespasse] or, word of trespasse] that is, any injury spoken or complained of: which may be other waies than by putting to his hand fore-mentioned: as, if hee kept it not in a meet place, &c. The Hebrew canons say, Some things are usually kept in out-houses or yards, as timber, stones, &c. some in houses, as garments, &c. some lockt up in cof∣fers, as money, jewels, &c. If a keeper leave a thing committed unto him, in a place unmeet, though it bee stollen, lost, burnt, or the like; hee is to pay for it. Al∣so, when he that committed to his neighbour any thing to keepe, demandeth the thing againe; if the keeper of it say, I know not where I laid it, give mee respite till I seeke and finde it, and I will restore it unto you; loe this man is a trespasser, and is bound to make satisfaction out of hand. These and other like, are matters of tres∣passe, as Maimony sheweth in treat. of Borrowing, and committing a thing to keepe, chap. 4. losse, that is, lost thing. which he] that is, which the plaintiffe shall charge, or challenge. is he] is the man that had it: or, this is it, the thing which I challenge. the gods] the Iudges, as the Chaldee translateth. But the Greeke saith, the judgement of them both shall come before God, and hee that is taken by God, shall pay. condemne] Heb. make (or pronounce) wicked: which in such cases, usually signifieth to condemne as guiltie: as on the contrary, to make just (or justifie,) is to acquit or absolve in judgement, Deuteronomie 25. 1. Proverb. 17. 15. The Hebrewes expound it thus: A theefe against whom two sufficient witnesses doe testifie that he stole, is bound to pay the double. A theefe that confesseth of himselfe that he stole, must pay the principall, but is free from the double: so it is said, whom the gods shall condemne, hee shall pay the double, not he that condemnes himselfe, Maimony, treat. of Theft, chap. 1. Sect. 4. 5.
Vers. 10. to keepe] not for nothing, as in the for∣mer case, verse 7. but for hire, as Iakob had Labans flocke to keepe, Gen. 30. 31.—36. and 31. 39. The Hebrew Doctors say, There are foure keepers