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Exodus 22:11 - Who bears theft's responsibility?

Exodus 22:11 - שמות 22:11

Hebrew Text

וְאִם־גָּנֹב יִגָּנֵב מֵעִמּוֹ יְשַׁלֵּם לִבְעָלָיו׃

English Translation

But if it be stolen from him, he shall make restitution to its owner.

Transliteration

Ve'im-ganov yiganev me'imo yeshalem liv'alav.

Hebrew Leining Text

וְאִם־גָּנֹ֥ב יִגָּנֵ֖ב מֵעִמּ֑וֹ יְשַׁלֵּ֖ם לִבְעָלָֽיו׃
וְאִם־גָּנֹ֥ב יִגָּנֵ֖ב מֵעִמּ֑וֹ יְשַׁלֵּ֖ם לִבְעָלָֽיו׃

🎵 Listen to leining

Parasha Commentary

Context in the Torah

The verse (Exodus 22:11) appears in the context of laws concerning a shomer (a guardian or bailee) who is entrusted with another person's property. Specifically, it addresses the case of a shomer chinam (an unpaid guardian) who claims that the entrusted item was stolen.

Rashi's Explanation

Rashi (Exodus 22:11) clarifies that this verse refers to a situation where the guardian brings an oath to substantiate his claim that the item was stolen. If his oath is accepted, he is exempt from paying the owner. However, if it is later discovered that he lied and the item was not stolen, he must repay the owner double (as derived from Exodus 22:6).

Rambam's Legal Perspective

Rambam (Hilchos She’eilah U’pikadon 3:1) elaborates on the conditions under which a shomer is exempt from liability. He explains that the guardian must take a shevuah (oath) before being exempt, and this oath must include:

  • Testimony that the item was indeed stolen.
  • Affirmation that he did not act negligently in safeguarding the item.
  • Confirmation that he did not derive any benefit from the item.

Talmudic Discussion (Bava Metzia 42a)

The Talmud discusses the requirement for the guardian to bring proof of the theft. If he cannot provide witnesses, he must swear an oath to be exempt from payment. The Gemara further debates whether the exemption applies only to cases where the theft was beyond his control or even in cases of slight negligence.

Midrashic Insight (Mechilta d'Rabbi Yishmael)

The Mechilta emphasizes the ethical dimension of this law, teaching that one must be truthful in financial matters. Even if the theft seems plausible, the guardian must not exploit this provision dishonestly to avoid repayment. The verse underscores the importance of integrity in monetary obligations.

Chizkuni's Additional Commentary

Chizkuni notes that the phrase "יְשַׁלֵּם לִבְעָלָיו" ("he shall make restitution to its owner") implies that if the thief is later caught, the thief must repay the guardian (who had already compensated the owner). This ensures that the guardian does not suffer a loss due to the theft.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Kamma 62b
The verse is cited in the discussion about the liability of a paid guardian (shomer sachar) when an item is stolen under their watch.
📖 Bava Metzia 93b
The verse is referenced in the context of discussing the obligations of a borrower (sho'el) and the conditions under which they must make restitution.

Frequently Asked Questions

Q: What does Exodus 22:11 mean about stolen property?
A: Exodus 22:11 teaches that if someone is entrusted with an item (like a deposit or borrowed object) and it gets stolen from them, they must repay the owner. This establishes the Jewish legal principle of responsibility for items in one's possession, even if the loss wasn't their direct fault (Rashi on Exodus 22:11).
Q: Why is paying back for stolen property important in Judaism?
A: Restitution for stolen property is a fundamental mitzvah (commandment) in Judaism because it upholds justice and protects people's rights to ownership. The Talmud (Bava Kamma 62b) discusses this extensively, showing how seriously Jewish law takes financial responsibility and making amends for losses.
Q: How does Exodus 22:11 apply today regarding borrowed items?
A: This verse forms the basis for Jewish laws about shomrim (guardians). If you borrow something and it's stolen while properly secured, you may not be liable, but if you were negligent (like leaving it unguarded), you must repay (Mishneh Torah, Laws of Borrowing and Deposits 3:1). It teaches us to be careful with others' possessions.