When No Thief Is Found the Keeper Draws Near to Swear

Mekhilta DeRabbi Shimon Ben Yochai 22:7

Curated by Arthur·Told by Maggid·

"If the thief is not found" (Exodus 22:7) if no witnesses are found for the householder against the one who pleaded the plea of a thief. "Then the master of the house shall draw near to the judges" for an oath. [Or one might think for payment; Scripture teaches "if he has not put his hand to his neighbor's goods." Another interpretation: "drawing near" is stated here and "drawing near" is stated further on; just as the drawing near stated further on is for an oath, so the drawing near stated here is for an oath.] "If he has not put his hand to his neighbor's goods" why is this needed? Surely it was in his hand! What does "if he has not put his hand to his neighbor's goods" teach? If he took vessels out of a closed container, or led out an animal and rode upon it, he is liable, for it says "if he has not put his hand to his neighbor's goods" this one put his hand to it in any case.

Themes

LawEthicsDivine Justice

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