Bird's-eye view
In this brief but potent passage, the Mosaic law continues to lay out the principles of justice that must govern a covenant community. Having dealt with various forms of theft and property damage, the law now turns to the matter of borrowed goods. These verses establish a crucial distinction based on the presence or absence of the owner at the time of the loss. This is not arbitrary; it gets to the heart of responsibility, stewardship, and the nature of neighborly trust. The principle is straightforward: increased responsibility comes with unsupervised possession. When the owner is absent, the borrower assumes full liability. When the owner is present, he shares in the risk. The passage concludes with a commonsense exception for hired goods, teaching us that economic transactions carry their own assumed risks. This is practical, earthy righteousness, the kind that makes for good fences and good neighbors, all grounded in the character of a God who values justice and integrity in everyday dealings.
At its core, this law teaches that we are to treat our neighbor's property with the same, if not greater, care than our own. It is a guard against carelessness and a buttress for personal accountability. The presence of the owner is key, as it implies a level of shared oversight and risk. Ultimately, these laws are not just about oxen and donkeys; they are about building a society where trust is possible because restitution is required. They point us to the ultimate restitution made by Christ, who took full responsibility for a debt He did not owe, in the absence of the Owner, and made all things right.
Outline
- 1. The Law of Borrowed Goods (Exod 22:14-15)
- a. Full Liability in the Owner's Absence (Exod 22:14)
- b. Shared Risk in the Owner's Presence (Exod 22:15a)
- c. The Exception for Hired Goods (Exod 22:15b)
Context In Exodus
This passage sits within the "Book of the Covenant" (Exodus 20:22-23:33), which is the first great exposition of the case laws that flow from the Ten Commandments. After the foundational revelation at Sinai, God provides Moses with specific applications of His law for the civil and social life of Israel. Chapter 22 deals extensively with property rights and restitution. The chapter begins with laws concerning theft (vv. 1-4), moves to property damage through negligence (vv. 5-6), and then to goods held in trust (vv. 7-13). Our text, verses 14-15, is the logical next step, addressing the specific situation of borrowing. It is part of a seamless garment of jurisprudence that aims to apply God's standard of righteousness to concrete, real-world situations among His people. These laws were designed to cultivate a just and peaceful society, distinct from the surrounding pagan nations, by teaching Israelites how to love their neighbor in the very practical realm of pots, tools, and livestock.
Key Issues
- The Principle of Restitution
- Personal Responsibility and Stewardship
- The Significance of the Owner's Presence
- Distinction Between Borrowing and Hiring
- Application of Case Law Principles
Responsibility and Risk
One of the central pillars of biblical law is personal responsibility. In our modern therapeutic culture, we are adept at evading responsibility, blaming our circumstances, our upbringing, or societal forces for our failures. But God's law brings us back to reality with a thud. Actions have consequences, and we are accountable for them. These verses in Exodus are a master class in delineating responsibility.
The key variable here is risk. When you borrow your neighbor's ox, you are taking his capital, his means of livelihood, into your care. The law asks a simple question: who is bearing the risk? If the owner is not there, you are. You have sole custody, and therefore sole responsibility. If something happens, it's on your watch. But if the owner is with his property, he is participating in the work, overseeing its use, and therefore sharing in the risk of the venture. He is in a position to prevent misuse or to see for himself that the damage was an unavoidable accident. This is not a legalistic loophole; it is a principle of equity. The law is not just a set of abstract rules; it is a reflection of godly wisdom applied to the real world of work, property, and human relationships.
Verse by Verse Commentary
14 “If a man borrows anything from his neighbor, and it is injured or dies while its owner is not with it, he shall make full restitution.
The scenario is simple and common in any agrarian society. One man needs something he doesn't have, perhaps an ox for a day of plowing, and his neighbor lends it to him. This is basic neighborliness, the grease that keeps a community running smoothly. But with this kindness comes a weighty responsibility. The law specifies two conditions for liability: first, the item is damaged or lost, and second, the owner was not present. If these two conditions are met, the obligation of the borrower is absolute and uncomplicated: he shall make full restitution. He must make his neighbor whole. If the ox dies, he must provide another ox of equal value. He can't offer excuses or plead poverty. The loss is his to bear. This strict liability encourages the borrower to be exceedingly careful with what is not his. It forces him to treat his neighbor's property with even more diligence than he might treat his own, which is precisely the point of the second great commandment.
15a But if its owner is with it, he shall not make restitution;
Here is the counterbalance, the other side of the legal scale. The facts are the same, the ox is injured or dies, but one crucial detail has changed: the owner is present. In this case, the borrower is cleared of liability. He is not required to make restitution. Why the difference? Because the owner's presence changes the nature of the arrangement. He is no longer a passive lender but an active participant. He is there, overseeing his property, and he is therefore a party to whatever happens. Perhaps he directed the ox into a dangerous area. Perhaps he saw the borrower was working the animal too hard and said nothing. Or perhaps it was simply a tragic accident for which no one was at fault. Because the owner was on the scene, he shares in the risk. He cannot simply transfer the entire cost of the misfortune to his neighbor. This prevents the owner from suing a neighbor for a loss that he himself was in a position to prevent. It is a profoundly wise and just distinction.
15b if it is hired, it came for its hire.
The final clause introduces a third scenario. This is not a friendly loan between neighbors anymore; it is a business transaction. The animal was rented. In this case, even if the owner is not present, the borrower is not liable for accidents, because the loss is covered by the rental fee. The phrase it came for its hire means that the risk of loss was part of the deal. The owner, in setting his rental price, has factored in the possibility of wear and tear, injury, or even death. The fee he charges is his insurance, so to speak. He is being compensated for taking the risk. This is a foundational principle of economics. A hired thing is put to work, and work involves risk. The fee paid to the owner acknowledges this. Now, this doesn't give the renter a license to be abusive or negligent. Other principles of law would apply if he intentionally harmed the animal. But for a genuine accident, the understanding is that the rental fee settles the matter. The owner cannot take the man's money and then sue him for the loss that the money was intended to cover.
Application
Like all of God's case law, these verses are intensely practical, and their underlying principles are timeless. First, we learn that God cares about the details of our daily lives. Our God is not an abstract deity who is unconcerned with lost shovels and lame oxen. He is a God of justice, and He expects His people to live justly with one another in all things, great and small. We should therefore take seriously our responsibility when we borrow something, whether it's a car, a book, or a power tool. We are stewards of our neighbor's property, and we must treat it with honor and care.
Second, this passage teaches us the principle of assumed risk. When we engage in any enterprise, whether lending, borrowing, or renting, we must do so with our eyes open. We must understand the responsibilities we are undertaking. This is a call to maturity and foresight, the opposite of the impulsive and careless way our culture often operates. It is a call to clear communication and honest dealing, so that both parties understand the terms of their arrangement before a crisis hits.
Finally, we must see how this law, in its demand for perfect restitution, points us to the gospel. We were the borrowers. We took the glorious gift of life and creation that God lent to us, and in the absence of the Owner, we broke it. We wrecked it completely through our sin. According to the law, we owed full restitution, a debt we could never hope to pay. But then the Owner, the Lord Jesus Christ, came to be with His property. He came and stood with us in our brokenness. And on the cross, He absorbed the full cost of the damage Himself. He made full restitution for our cosmic vandalism. The law says the one who breaks it must pay. The gospel says the one who made it has paid. Because He has made us whole with God, we are now free and empowered to go and deal justly and mercifully with our neighbors.