Introduction
The laws of this chapter relate, I. To the eighth commandment, concerning theft (Exo 22:1-4), trespass by cattle (Exo 22:5), damage by fire (Exo 22:6), trusts (Exo 22:7-13), borrowing cattle (Exo 22:14, Exo 22:15), or money (Exo 22:25-27). II. To the seventh commandment. Against fornication (Exo 22:16, Exo 22:17), bestiality (Exo 22:19). III. To the first table, forbidding witchcraft (Exo 22:18), idolatry (Exo 22:20). Commanding to offer the firstfruits (Exo 22:29, Exo 22:30). IV. To the poor (Exo 22:21-24). V. To the civil government (Exo 22:28). VI. To the peculiarity of the Jewish nation (Exo 22:31).
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Introduction
INTRODUCTION TO EXODUS 22
This chapter contains various laws concerning theft, Exo 22:1, concerning damage done to fields and vineyards by beasts, and to corn in stacks or standing, by fire, Exo 22:5, concerning anything or creature deposited in the hands of a neighbour, and they be stolen or lost by one means or another, Exo 22:7, concerning anything borrowed, and it comes to any damage, Exo 22:14, concerning fornication, Exo 22:16 concerning witchcraft, bestiality, and idolatry, Exo 22:18 concerning oppression, and affliction of the stranger, fatherless, and widow, Exo 22:21 concerning taking usury and pledges, Exo 22:25, concerning irreverence to magistrates, Exo 22:28, concerning the offering of firstfruits to God, Exo 22:29 and the chapter is concluded with a prohibition of eating anything torn by beasts, Exo 22:31
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Then shall an oath of the Lord be between them both,.... Either by the one, the keeper, for the satisfaction of the owner, or by them both; by the owner, that he delivered such and such cattle to the keeper; and by the keeper, that he was no ways concerned in the death, hurt, or carrying off of the same: and this is called "the oath of the Lord", not only because in this law required by him, but because sworn by him, or in his name, and made before him, in his presence, who is hereby appealed unto; and who is called upon to take vengeance on the person that takes the oath of perjury; and such an oath only is a lawful one, men are to swear only by the Lord. But this oath was not tendered to anyone:"if a man was suspected of an oath (i.e. of perjury) they might not give him his oath, neither the oath of the law, nor the oath from their words (the scribes), nor the oath of imposition (imposed by the wise wen); and even though he that brought the action would have it, they might not hearken unto him: if a man has swore falsely a rash oath, or an oath of testimony, or an oath concerning anything deposited, or a vain oath, lo, he is suspected of an oath, and so everyone that is rejected for witness on account of any transgression (w).''The oath to be taken by the keeper, and who indeed seems to be the only person that was to take one, was, "that he hath not put his hand unto his neighbour's goods"; so as either to kill or maim, or drive away, or suffer to be driven away, any of the cattle committed to his care, or that he had not disposed of them to his own use and profit:
and the owner of it shall accept thereof; of the oath, as the Targum of Jonathan and Jarchi, and so be satisfied, and give no further trouble, such an oath being for the confirmation of the thing, and to put an end to strife; or he shall take the ass, ox, or sheep, as it was, and be content; but then, though he might take the dead or maimed one, he could not take that which was driven or carried away, wherefore the first sense, is best:
and he shall not make it good; or pay for it to the owner what it was worth.
(w) Maimon. Hilchot Toan Venitan, c. 2. sect. 1, 2.
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