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Commentary Index | Return to PrayerRequest.comAdam Clarke Commentary - Exodus 22:7 - 22:7
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Deliver unto his neighbor - This is called pledging in the law of bailments; it is a deposit of goods by a debtor to his creditor, to be kept till the debt be discharged. Whatever goods were thus left in the hands of another person, that person, according to the Mosaic law, became responsible for them; if they were stolen, and the thief was found, he was to pay double; if he could not be found, the oath of the person who had them in keeping, made before the magistrates, that he knew nothing of them, was considered a full acquittance. Among the Romans, if goods were lost which a man had entrusted to his neighbor, the depositary was obliged to pay their full value. But if a man had been driven by necessity, as in case of fire, to lodge his goods with one of his neighbors, and the goods were lost, the depositary was obliged to pay double their value, because of his unfaithfulness in a case of such distress, where his dishonesty, connected with the destruction by the fire, had completed the ruin of the sufferer. To this case the following law is applicable: Cum quis fidem elegit, nec depositum redditur, contentus esse debet simplo: cum vero extante necessitate deponat, crescit perfidia crimen, etc. - Digest., lib. xvi., tit. 3, 1. 1.