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Exodus 22:7 - Sworn innocence for lost property

Exodus 22:7 - שמות 22:7

Hebrew Text

אִם־לֹא יִמָּצֵא הַגַּנָּב וְנִקְרַב בַּעַל־הַבַּיִת אֶל־הָאֱלֹהִים אִם־לֹא שָׁלַח יָדוֹ בִּמְלֶאכֶת רֵעֵהוּ׃

English Translation

If the thief be not found, then the master of the house shall be brought to the judges, to swear that he has not put his hand to his neighbour’s goods.

Transliteration

Im-lo yimatze ha-ganav ve-nikrav ba'al ha-bayit el ha-Elohim im-lo shalach yado bi-mlechet re'ehu.

Hebrew Leining Text

אִם־לֹ֤א יִמָּצֵא֙ הַגַּנָּ֔ב וְנִקְרַ֥ב בַּֽעַל־הַבַּ֖יִת אֶל־הָֽאֱלֹהִ֑ים אִם־לֹ֥א שָׁלַ֛ח יָד֖וֹ בִּמְלֶ֥אכֶת רֵעֵֽהוּ׃
אִם־לֹ֤א יִמָּצֵא֙ הַגַּנָּ֔ב וְנִקְרַ֥ב בַּֽעַל־הַבַּ֖יִת אֶל־הָֽאֱלֹהִ֑ים אִם־לֹ֥א שָׁלַ֛ח יָד֖וֹ בִּמְלֶ֥אכֶת רֵעֵֽהוּ׃

🎵 Listen to leining

Parasha Commentary

Context in the Torah

This verse (Exodus 22:7) appears in Parashat Mishpatim, which details civil and monetary laws. It addresses a case where property is stolen, but the thief cannot be identified. The owner of the house where the theft occurred must take an oath before Elohim (understood here as judges or a Beit Din) that he did not misappropriate his neighbor's property.

Rashi's Explanation

Rashi (Exodus 22:7) clarifies that "Elohim" refers to judges, as the term is often used in Tanach to denote human judicial authorities (e.g., Exodus 21:6). The oath is administered to the homeowner to affirm his innocence, as suspicion may fall on him if the thief is not found. Rashi emphasizes that this oath is a serious matter, invoking Hashem's name to ensure truthfulness.

Rambam's Legal Perspective

Rambam (Hilchot Gezeilah ve-Avedah 6:6-7) elaborates on the legal procedure: If stolen goods disappear while in the homeowner's custody, and no thief is identified, the homeowner must swear that he did not take the property himself and was not negligent in guarding it. This oath resolves the financial claim against him.

Talmudic Discussion

The Talmud (Shevuot 44b) analyzes the nature of this oath, stating it is a "shevuat ha-pikadon" (oath concerning a deposit). The homeowner swears not only that he did not steal but also that the item was not in his possession at the time of the alleged theft. This prevents false claims against him.

Midrashic Insight

The Mechilta (Mishpatim 15) connects this law to the broader principle of lo ta'amod al dam re'echa (Leviticus 19:16)—one must not remain indifferent to another's loss. By requiring an oath, the Torah ensures accountability and discourages negligence or deceit in financial matters.

Halachic Implications

  • The oath is administered only when there is partial evidence (kim li) against the homeowner, but not conclusive proof (Rambam, Hilchot To'en ve-Nit'an 4:1).
  • If the homeowner refuses to swear, he must compensate the claimant (Choshen Mishpat 88:1).
  • The judges must assess the credibility of the oath to prevent false swearing (Sanhedrin 7a).

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Kamma 63b
The verse is discussed in the context of the laws regarding theft and the responsibilities of the homeowner when a theft occurs on their property.
📖 Shevuot 44b
The verse is referenced in a discussion about oaths and the circumstances under which a homeowner must take an oath regarding the theft of their neighbor's property.

Frequently Asked Questions

Q: What does Exodus 22:7 mean?
A: Exodus 22:7 discusses a case where someone's property is stolen, but the thief cannot be found. The verse states that the owner of the house where the theft occurred must come before judges (or 'Elohim,' which can also mean judges in this context) and swear an oath that they did not steal their neighbor's property. This law emphasizes honesty and accountability in financial matters.
Q: Why is this verse important in Jewish law?
A: This verse is important because it establishes a legal procedure for handling unresolved theft cases. According to Rashi and the Talmud (Shevuot 41b), the oath serves to clear the homeowner's name and prevent false accusations. It reinforces the Torah's emphasis on justice, truthfulness, and protecting one's reputation in financial disputes.
Q: What can we learn from Exodus 22:7 today?
A: We learn the importance of honesty and integrity, especially when dealing with others' property. The Torah teaches that even when there is suspicion, a person must take an oath truthfully to maintain trust in the community. The Rambam (Hilchot Shevuot) explains that oaths in Jewish law are serious matters and must not be taken lightly.
Q: Does this law still apply in modern times?
A: While the exact procedure of swearing before judges may not be practiced today in the same way, the principles behind this law remain relevant. Jewish law (Halacha) still emphasizes honesty in financial dealings, and if a person is falsely accused, they should seek to clear their name through proper means, such as a Beit Din (Jewish court).
Q: What happens if someone falsely swears in this situation?
A: According to the Talmud (Shevuot 38b), falsely taking an oath is a severe sin. The Torah prohibits swearing falsely (Exodus 20:7), and one who does so may be liable for punishment. The Midrash (Sifrei) teaches that dishonesty in oaths undermines trust in society and is considered a betrayal of one's relationship with Hashem.