(14, 15) Lending is a species of deposit; but for the benefit, not of the depositor, but of the man with whom the deposit is made. The obligation of the latter to keep intact and to return is therefore even more stringent than in the preceding case. Consequently, if the thing lent were lost or injured, however the loss was brought about, the borrower was justly called upon to make it good. The only exception was, when the lender was still in charge of what he lent, present with it, and able to keep guard over it.
Verses 14, 15 LAW OF BORROWING. - The act of borrowing is connected with that of depositing, since in both cases, the property of one man is committed to the hands of another; only, in the one case, it is at the instance and for the benefit of the man into whose hands the property passes; in the other case, it is at the instance and for the benefit of the other party. This difference causes a difference of obligation. The borrower, having borrowed solely for his own advantage, must take all the risks, and in any case return the thing borrowed, or its value, unless the owner was still, in some sort, in charge of his own property. Things hired are not, however, to be regarded as borrowed. If harm come to them, the owner must suffer the loss.
Verse 14. And it be hurt or die. - The thing borrowed might be animate or inanimate; either might be "hurt;" the former might not only be hurt, but "die." Whatever the damage, and whatever the cause, unless in the single rare case of the owner being in charge, the law required the borrower to make good the loss to the owner. This law must have acted as a considerable check upon borrowing.
22; 1 - 31 Judicial laws. - The people of God should ever be ready to show mildness and mercy, according to the spirit of these laws. We must answer to God, not only for what we do maliciously, but for what we do heedlessly. Therefore, when we have done harm to our neighbour, we should make restitution, though not compelled by law. Let these scriptures lead our souls to remember, that if the grace of God has indeed appeared to us, then it has taught us, and enabled us so to conduct ourselves by its holy power, that denying ungodliness and wordly lusts, we should live soberly, righteously, and godly in this present world, Titus 2:12. And the grace of God teaches us, that as the Lord is our portion, there is enough in him to satisfy all the desires of our souls.
And if a man borrow ought of his neighbour,.... Any beast, as it should seem, as an ox to plough with, an ass, horse, or camel to ride on, though the Jewish writers carry it also to any kind of household stuff:
and if he be hurt or die; if any damage comes to it, or it dies while it is in the borrower's hands, and when employed in that work for which he borrowed it; the Targum of Jonathan is,"and the vessel should be broke, or the beast die:''and the owner thereof being not with it; at the time of its being hurt, or of its death, and so could not be so well satisfied whether used well or not, nor how the damage and death came to it:
he shall surely make it good; pay the full price for it it is worth; which, though it may seem hard, was necessary, in order to make men careful of things they borrowed, and that lenders may not be losers for their kindness.
